Evening star., 1901-07-10
TRIAL BY HOUSE OF LORDS
FORMS THATMAY BE FOLLOWED IN
THE CASE OF EARL RUSSELL.
Review of the Proceedings Agains,
Lord Cardigan for the Wounding of
Captain Tuckett In 1S4O.
From the London Graphic.

FROM the London Graphic.
In connection with the forthcoming trial
before the house of lords of Earl Russell,
on the charge Of bigamy, it is of interest
to recall some of the details of the Cardi-
gan trial, which was the last occasion
when the privilege of peer to be tried as
such instead of by an ordinary court. was
exercised.
In September, 1s4O, Lord Cardigan wound
ed Captain Tuckett in duel on Wimbledon
common A true bill was found against
him for felony at the central criminal court,
and on January %. 1871, Lord Chancellor
Cottenham read to the house Of lords a
letter, which he had received from Mr..
Justice Bosanquet, informing him of the
fact. and that Lord Cardigan's recogni-
zances had been respited from sessions to
sessions. to afford an opportunity for re-
moving the Indictment. to be tried before
the lord high steward or the house of peers.
A committee was thereupon appointed to
inspect the journals of the house in regard
to criminal cases and report thereon Inc
report was brought up on February l. the
trial fixed for the 10th instant, and the lord
chief Justice Of common pleas ordered TO
attend. On the I'd 1t was moved and order
ed that James Thomas, Earl Of Cardigan,
be taken into custody by the black rod,
touching the matter of an indictment pre-
ferred against him.
Lord Cardigan appeared at the bar In
custody, and was invited to address the
house by the lord chancellor, but merely
bowed and withdrew. The clerk Of the
crown in chancery was then directed to
Issue writ Of certiorari to return to the
house the indictment, return which was
duly announced to the house In short time
criminal court.
The return was read, and Lord Cardigan
was then admitted to fresh bail and dis
charged from that previously entered into.
He was allowed counsel and solicitors, and
an order for his witnesses to attend, and q
''stool within the bar" but was directed to
sit uncovered and without his robes. The
clerk Of the crown in the queens bench
was directed to attend to assist the clerks
of the house.
Eary of Cardigan Kneels.
On the day Of the trial proceedings were
opened by the reading of the lord high
stewards Lord Denman's) commission. by
the presentation Of the white rod and the
reading Of the writ of certiorari and the
Indictment. The Earl of Cardigan was
then brought to the bar by the yeoman
usher, and ION approaching it made three
reverences and knelt till directed by the
lord high steward to RISE" He was then
conducted to his stool within the bar. The
charge Is curious enough to quote in full:
Deputy clerk of the crown-How, say
you, my lord, are you guilty of the felony
with which you stand charged or not
guilty?'
Lord Cardigan-Not guilty, my lords
Deputy clerk-How will your lordship
be tried?"
Lord Cardigan-By my peers"
Deputy clerk-God send your lordship
good deliverance."
Il is worthy Of remark with regard to this
apparent choice of modes Of trial that
peer cannot waive his privilege Of trial by
his peers. His trial by his peers is no
privilege. but the law declared by Magma
Charta, which II he would not plead to by
a trial Of his peers, It was standing mute"
(Written resolution OF the Judges In Lord
Audleys case)
The case then proceeded in the ordinary
course, after a lengthy opening by the
attorney general (6ir John Campbell), re-
markable for his congratulating the house
that the charge against the noble prts-