The Statesman. — 1818-08-17 (London, England)

SINGULAR LEGAL DIFFICULTY. A. most extraordinary, and indeed an impute/dent. ltd circumstance has jest occurred in the city of Gloucester. On the evening of Wednesday last Mr. Ricords, the High Sheriff, and his retinue, proceeded about ten o'clock, in order to meet the Jades, Sr W. Gsrrow and Mr. Justice Holroyd, en their way from Monmouth, where the business had detained them rather an usual time. Sir W. Gsrrow hail come forward from Monmouth with the utmost expedition; but all his efforts did not enable him to reach Gloucester before 12 o'clock. When Sir William was in the Sheriff's carriage, Mr. Ricardo suggested the probability of the illegality of opening the Commission no The mirky instead of Wednesday, which was the specific day. This at first did not forcibly strike Sir William as a serious objectism, and he opened the Commission as usual. In the morning the Judge, Sheriff, &c. attended the (herd), and the Assize Sermon was preached by the Bev. J. Hitchings. The Grand and Petty Juries were sworn in, and other proceedings commenced. Mr. Justice Holroyd arrived in Glen. cester shout three o'clock in the afternoon of Thursday, and a consultation was held on the subject of the non opening of the Commission on Wednesday. Mr. Jarvis, Mr. Dauocey, Mr. Pogb, sod several ether Gentlemen of the bar, gave in their opinions, and at length it was determined that greet mischief, both to the ,Crown and Civil Side of the her might ensue, thould the Judge proceed to trial under these extraordinary circumstances. The Court was therefore adjourned till this morning (Saturday), and the Under Sheriff meanwhile went all express to the Chancellor, in order to have his opinion, and to know if the business of the Assize could be legally proceeded on, or if it was 'necessary that a new Commission should bel issued. Gloucester then became a scene ne considerable confusion. Lawyers and their Clients were seen running in ail directions. The witnesses, all of whom were obliged to remain at Gloucester, were lamenting the loss of time they should sustain. Bar. sisters were renewing their terms of lodgings, and indeed nothing covidoqual the confusion of the City of Gloucester, when the tidings of the adjournment were made known. The consequence of proceeding to trial were not at first 'conjectured. They might have been of the most lamentable end mischievous kind. Prisoners might have been deemed illegally punished; decisions in lawsuits would have been null • sod even the Sheriff himself, had he proceeded to 'the *wittiest of a patent" of death, might have been Indicted for wilful murder.—The anxiety that pervades the City, it is probable, buy not speedily be terminated ; for it is entertain how soon the Chancellor may decide the momentous and unprecedented question. His Lordship say even think k necessary to somata a meetieg of the Privy Coeacils and at this season of the year such a meelieg cannot be speedily assembled. From the evil and the iocou. valence, however, good may eventually proceed, and tbe present necessity there is for a Judge in propria persona to open the Commission, may be set aside, and a Serjeant sent forward for this peeps's., when the badness of the preceding Melees is of ma. *seal magnitude. The following is the speech of Mr. Dem Garrey. ho the Grand Jury, esplaining to them the seespedal difficulty in which the Court was placed : GISTLIDECN Or tan GRAND .117alre-h may be people that I Should exploit' to you the course which, In the very distressing, end, to use, eery afflicting, circumstances ha which my Learned Brother ' and myself are placed, we have thought it most en. pedient to take. It Is mow, Gentlemen, perfectly well known to yen all, that, is consequence of the great pressure of !milieu at the last county frees which we have come, notwithstanding weary possible diipatch was used, I dill tact arrive in this place till some minutes after midnight. The Cambia°, under which we were appointed to assemble here To. quirod that we should commence our duties on the Wednesday. it has been the, usual course to open the Commission on that day, sad, generally nothing more has been (lone • the Court adjourned to the (allotting day. On the roust occasiou, the Commis'Ken, from the unavoidable circumstances to which I