The Sun. — 1838-09-17 (London, England)

THE CHARGE.  The RECORDER, the Grand Jury having been sworn, proceeded to deliver his charge to them. He would not on the present occasion occupy their valuable time by any observation upon the generality of the cases about to be submitted to their attention, as they were of that nature which the experience of the Grand Jury would enable them to deal with without any comments from him. There was one case, however, to which he felt it right to call their attention, namely, a charge that was likely to be preferred against an individual of murder, arising out of a transaction which was ordinarily denomi. nated a duel. He was bound to tell the Grand Jury that if two persons deliberately fought a duel, and one was killed, that the principal and both the seconds were guilty of murder, and that, too, notwithstanding there had been most grievous provocation. It was also quite immaterial by whom that provocation was given, whether by the party killed or the individual who shot him. In the eye of the law, the second of either party was guilty of murder as being pre_ sent, aiding, and assisting. It was true it bad been stated by Lord Chief Justice Hale that the rule of law as to principals in the second degree had been somewhat strained, but there could be no doubt that the party who was second to the person killed was liable to be tried for the crime of murder. In the present instance, when the circumstances were adverted to, the second of the unfortunate deceased would be found to be as much aiding and assisting as the second of the individual who had slain bile. If upon the evidence that was brought before them, facts should be proved that warranted them in putting the case in a course of further investigation, they would be bound to do so ; he would refrain from adverting to the circumstances of the case further, as the Grand Jury would see from the witnesses that came before them, whether the party charged was present, aiding and assisting, and act accordingly. He could not dis miss the Grand Jury, who were gentlemen coming from the different counties to which the jurisdiction of the Central Criminal Court had been extended, without adverting to circumstances of deep interest to them and the public, as showing that the present system of imprisonment was not effectual in checking crime. He alluded to the number of persons, who year after year, were committed to the prison of Newgate, who had been previously convicted,aadyeceived summary pipishmene. In 1835 there was convicted within the jurisdiction of the Court 1,918 persons ; 627 were acquitted, and against 261 no bills were found. Now out of that number 137 had been before convicted at that Court, and no less than 465 bad been before imprisoned upon summary convictions before Magistrates. In 1836 there were 2,190 persons convicted within the jurisdiction of the Court; there were tried and acquitted, in addition to that number, 594, and against 331 no bills were found : now out of that number 204 had been before convicted, and 697 bad been imprisoned by summary conviction. In 1837 2,292 persons were convicted, 564 acquitted, and 175 against whom no bills were found : of that number 214 had been previously convicted at that place, and 763 bad been imprisoned by summary conviction. In the present year 1,640 had been convicted, 402 ac number i tte d, 23a0nd ha da gh ea ienns th elfosrBe enoon vbiiel tl sbe d a b i nd that u tn Court, ; a nodf that iGmrparni sdo jri ne dr y bywi t hs ut hmems ea ry facts oinnv ieertdi con. . to show,ll h ando t troubled d nh ge the statements of some persoas that transportation was too hima rpsrhi s foonrint ehne generality o totally f offences,inefficacious hta t for the the present prevention system of crime. He trusted that in any alteration that might be made in the jurisdiction of the Central Criminal Court, the facts he had now stated would be borne in mind, and that from them it would be seen that imprisonment alone had been ineffectual in and the Court proceeded to preventing The Grand thepge e Juryro thenr s sof retired, cri m. swear in the Petty Jury.  MR.