Glasgow Courier. — 1848-12-26 (Glasgow, Strathclyde, Scotland)

CURIOUS CASE. A MAN FOUND GUILTY BY AN UNSWORN JURYMAN. An incident, almost without parallel, took place i 0 the Nisi Prius Court, at Liverpool, before Mr. Justice Earle, a few days ago. The learned Judge had finished his summing-up in a case of sheep-stealing, and the foreman of the jury was consulting his brethren as to the verdict they should come to, when the foreman was informed that one of the gentlemen in the jury-box had not been sworn. Immediately on ascertaining the fact, the foreman (Mr. Blackie) gave notice of it to the learned Judge. On inquiring, it appeared that one of the jary,irtto had retired for a few minutes in the course of the day, was prevented by one of the officers from entering the Court. Another juror who happened to be in the immediate neighbourhood Of the jury-box was toid to go into it, and by some over-sight the oath was neglected to be administered to him. Moreover, It was stated that in the preceding ease, that of a burglary in which the prisoner was found guilty but the sentence deferred, &similar state of things existed. The learned Judge said the mistake in the sheep-stealing case was remediable, but he did not know what to do with the preceding case, in which a verdict of guilty had been recorded. The evidence In the sheep-stealing case must again be gone through. The juror to whom the oath had not been administered was then sworn, the jury again charged, and the witnesses recalled.—Mr. Bowler suggested to the learned Judge, that the course beet suited to save time would be for his Lordship to read over his notes of the evidence to the witnesses as they came into the box. The learned Judge approved of the suggestion, but thought there would be some difficulty in carrying it out, as in the eye of the law, nothing had then been done in thee ,se.—Mr. Sowler then suggested that the witnesses might give their account of the matter. and his Lordship would see whether it agreed with his notes. —The learned Judge thought the suggestion an excellent one, and accordingly acted upon it. The case was thus again gone through, and the prisoners were found guilty of the offence charged against them. His Lordship then retired from Court to consult with his learned Brother, Mr. Baron Alderaon, as to what steps should be I taken in reference to the case of burglary, in which a verdict of guilty had been returned. On returning, the learned Judge ordered the witnesses in the ease to be recalled, with a view to its being tried over again. The witnesses, however, were not forthcoming, and the case was ordered to be postponed to the following morning. After some deliberation, however, the learned Judge said there was a case on record of a similar character, which would render it unnecessary to re-try the case at present. A man was tried, on a charge of murder, by a jury, one of whom, by an omission, was not sworn. The Judge, before whom the case was tried, decided that the verdict was valid until declared void by a writ of error, and then the prisoner would be again taken up and tried afresh. The learned J edge said that he should pass sentence opt* the prisoner, tell him of the omission which had taken place, arid one's right, if he thought proper, to bring a writ of ere- ,cus tot. ddvortiser. travelling , of Se.r.—A young man, named Miabael was brought up at the Police-court, Liverpool, on custody, charged by Margaret Evans, of Renal/4w putting her in great bodily ,1 appeared - whois a -•.-e, hal