The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-08-12
COLONEL BAKERS KISS.


THE GALLANT HUssAR WANTS TO BE TRIED BY
SPECIAL JURY-How HIS NoToRIETY MIGHT
INJURE HIM-'No DIFFICULTY IN SETTLING
THIS IF SEE THE BROTHER JUS
TICE.
Croydon July 30) correspondence of London Timesl,
Mr.. Justice Brett presided in tho Crown Court hors
to-day.
The application the part Of Colonel Baker for
postponement Of his trial to-day at the sitting
of the Court, and refused The grounds on which
it was made and opposed set forth in afidayts
his behalf and tho part OF tho prosecution which
we're read referred 10 in the OF the dis
cussion, and, being before the Court may more con-
veniently be stated at the outset Colonel Baker him.
self made affidavit stating that the oath OF Juno
he charged before the magistrates sitting at Guild
ford with indecent assault on Kate Dickinson in q
railway carriage the London and Southwestern Rail
way and committed TO tho Surrey Assizcs at Croy-
don to take his trial charges of indecent assault on
her.
THE APFrDAvIrs poR THg PROSECUTION
stated that the first brought the 17th,
and that the hearing postponed until tho Gath
tho special request of the defendants counsel in Order
as he stated that the defendant might make inquiries
about his and have time to prepare his defence
and that then his counsel asked that il the
be RENTED to another tribunal 1t should be sent to the
Assizes The aidavits both sides referred TO the
application which had been mado to Baron Pollock at
Chambers for certorari 10 remove the into tho
Court Of Queens Bench
COLONEL BAKER IN HIS AFFIDAVIT
in support OF the application stated hat the has
occaslOncd considerable popular feeling, and very
prejudice at present exists against especially
among the classes of which jurics usually
composed am DESTROYS that tho charges shall DO tried
before special jury, which, composed, rs II would
bo of the rank Of society tho prosecuting and
myself believe, will look with more impartial Wow
the case il will be presented by the prosecution
and the explanation have TO offer in my defence, and
1t is most important that tho explanation have To
make should be made to calm and unprejudiccd
tribunal that have served in Her Maiesys army for
twenty years, during thirtoon Of which com
handed Her Maesty's Tenth regiment of Hussars aud
that to have to stand my trial in the Criminal Court be-
fore common jury at tho ensuing asszos will even ina
itself, be attended with considerable humiliation and
disgrace and DO prejudicial TO my future career
although verdict of acquttl Is returned, which with
the consciousness Of my innocence, confidently
tcipate verify believe that cannot obtain fair and
impartial trial at Croydon Asszes before common jury"
The application was supported by an affidavit or
Colonel Bakers attorney.
ARGUMENT or COUNSEL
Mr.. Sergeant Parry, who with Mr.. Poland appeared
the part of the prosecution said he oppose the
application most percmptorily and he would ask the
learned Judge to refuse it, the ground that il
granted tho onds Of justice would DO defeated for that
in all probability, the trial would never be held. II APP
pearcd from the dispositions that when Colonel Baker
arrived ut Gudford TO meet the charge he said to pO
ceman, 81 suppose that there will be no difficulty in
could be compromised, and this important in
grcdent in the There was affidavit from Mr..
Dickinson that he believed If the trial was postponed
would be injurious to his sisters prospects and probably
to her health and these grounds no earnestly hoped
that the application would be refused.
Mr.. Sergeant Baantno said the idea OF the young
adys character suffering from postponement was wild,
and to her health there was ground for the sug
gcstion.
JUDGMENT or THE COURT
The learned Judge said This application Is not made
TO me 10 grant certiorar for have jurisdiction TO
40 Nntilk tu a Of
Baron Pollock for have jurisdiction TO his
decision The application is to postpone tho trial that
an application may be made TO the Court OF Queens
Bench to reverse the decision of Baron Pollock and tho
application is made on two grounds-that the case Is A.
for special jury and that thore Is public excitement
upon it, IL is said that looking TO the rank OF tho
parties tho case Is proper for special jury II
TO me- however that according 10 tho ordinary law Of
this country the jury not TO be altered with reference
to the rank OF the parties All persons equal In the
Of the law and the ordinary tribunal for the trial OF
criminal cases Is a common Jury IL is true that under
certain circumstances the courts have exercised a
Judicial discretion in granting special juricstat u.s. in
where thoro Is great complication in the facts
considerable difficulty in the application OF tho law
Thus in the trial Of a celebrated which lasted SO
many months, special jury cmpanecd. But this
is an ordinary criminal charge and however important
IL may be TO the defendant tho prosccutrx that is
tco should be duly administered there is neither
pcation IN the facts, nor difficulty as to the law.
Therefore, il seems TO me impossible that should post
pone the trial in order that application be mado
TO the Court Of Queens Bench for special jury tho
ground Of the rank position Of the parties Then
to tho necessity for special jury tho ground that
would be less likely 10 he bassed can ground
for that suppOstion No doubt there has been great
deal OF discussion about the caso Is impossible that
II should not have been discussed in every class OF
cicy In this country but it has been much discussed
in the higher ranks OF society In others, and know
nothing which could lead any to suppose that the
minds OF mon OF the common jury class are likely TO 10
bassed upon the than the minds OF persons
OF higher rank-uncss indeed under very peculiar cir
cumstanccs-and therefore, upon that ground see
reason for the postpOnement OF tho trial. The other
ground urged Is that there has been general excite
ment the subject which would prevent unbiased
trial these Asszes But is there sufficient evidence
satisfy me of thatS There is the affidavit Of Colonel
Marshall no doubt a gentleman OF high character and
position but tho society In which he moves s the
higher rank OF society and giving full crcdcnce 10 tho
sincerity Of his belief am bound TO look to the grounds
Of his belief and what opportunities has lie had OF
knowing the feelings Of the class of persons who serve
on common uTiess He states facts ground his belief
and there Is only general allegation of belief of the
existence OF prejudice among this class And to
tho adavits of Colonel Baker himself and his attorney
II has been said that pamphlet has been published
about the casebu IN the metropolis not here: and IL
such grounds were held to be sufficient there would
hardly be criminal case Of any importance which
would not be put OIL. Tho conclusion ia whirh HAYS
come therefore, is that there is nothing TO persuade ms
that common jury could not come into the Jury box
TO try the case with calm fair and dspassOnate minds
Nay, more; from the experience have had of iures I
will answer Tor them as can for myself that the trial
will DO conducted with calm fair and dispassionatc judg
ment and that the jury will be anxious can DO
10 do justice between the parties. | SEQ no ground
therefore for posponng the trial aud it must come on
In the ordinary course.
TUE VALUE APPLAUSE m COURT
Some applause followed from the back Of the court:
not FROM tho jurors present, who, the contrary had
listened 70 the learned Judges remarks with evident
attention,
Mr. Sergeant BaIantine observed that this little out.
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