164 



ANNUAL REGISTER, 1817. 



decidedly that tl\e productions in 

 question were libels. 



After the jury had consulted a 

 short time, one of them asked his 

 lordship, supposing they consider- 

 ed the facts stated to be tiue, were 

 they still by law bound to find the 

 publication a libel. 



Mr. Justice Abbot answered 

 (but not quite audibly), that the 

 tmth of the fact did not justify 

 the libel — and he read to them 

 Lord Raymond's opinion upon the 

 question. 



The jury retired for two hours 

 and a half, and then returned to 

 the court, the foreman standing 

 with three of his fellows at the 

 door of the judge's room: the other 

 jurymen were behind them. 



Mr. Law (clerk of Nisi Prius) 

 then put the qviestion in the usual 

 form, whether they found the de- 

 fendant guilty of the misdemeanor 

 charged in the information, or not 

 guilty ? 



The Foreman answered. We find 

 him guilty ; but three of the jury 

 wish to state special grounds. 



Mr. Justice Abbot said, your 

 verdict must be a general verdict 

 of guilty or not guilty. Do I un- 

 derstand you to say,, that you find 

 the defendant guilty ? 



The Foreman bowed, and ap- 

 peared to answer " Yes." 



Mr. Justice Abbot. Is the ver- 

 dict of guilty the Terdict of all the 

 gentlemen of the jury ? 



The Foreman again bowed, but 

 if he said any thing, it was in- 

 audible beyond t'.ie bench. 



After the jury impannelled for 

 the trial of the second infoi mation 

 had retired, Mr. Chitty said, that 

 he hoped it would not be consider- 

 ed as an impertinent intrusion, if 

 he iijcntioucd to his lordship, that 



three of the jurymen slated that 

 they had not brought in tlieir ver- 

 dict. Guilty. 



Mr. Justice Abbot. When 1 

 put the question, the foreman 

 answered in the affirmative, that 

 it was the verdict of the whole 

 jury. 



Mr. Chitty. Three of the jury 

 understood that they were to go 

 back and reconsider, as your lord- 

 ship could only receive a general 

 verdict. 



Mr. Justice Abbot. I take it for 

 granted tliat the crown only wishes 

 to obtain a verdict by legal means. 

 No gentleman objected to the ver- 

 dict at the time; and an answer 

 was given that they all concurred. 

 It may be extremely dtmgerous, 

 if, after a jury has retired iifter 

 giving in their verdict, any atten- 

 tion could be paid to the statement 

 of some of the individuals. 1 cer- 

 tainly do not wish to infringe 

 upon the privileges of the jury : 

 but after a verdict has been re- 

 ceived and recorded, I cannot allow 

 a part of tiie jury, after they have 

 withdrawn, having delivered in 

 the verdict as the verdict of the 

 whole, to say that they did not 

 agree. 



Mr. VVooler said, that the jury 

 offered a paper to his lordship, 

 who declared that he would not 

 receive their objections. 



Mr. Justice Abbot affirmed that 

 he said, he would receive anything 

 that j)roceeded from the whole of 

 the jury, but nothing that pro- 

 ceeded from a paJt of it. He ask- 

 ed, in a tone of voice quite audible, 

 if the verdict of guilty were the 

 verdict of all, and he was told that 

 it was. 



Mr. Woolcr. The whole of the 

 juty is here ; they ha\e never se- 

 parated ; 



I 



