APPENDIX TO CHRONICLE. 



167 



Lord EUeuboFough. — At that 

 time ceitainly. 



TheAttoiney-General. — And the 

 verdict was pronounced in such a 

 tone of voice that it must have 

 been heard by all present. 



Mr. Justice Bayley. — Tlie judge 

 himself has a doubt in his own 

 mind whether the verdict, as ul- 

 timartely pronounced by the fore- 

 man of the jury, was distinctly 

 heard by each and every of the 

 jurors. 



Lord Elienborough. — If he had 

 seen them there would have been 

 incontrovertible presumption that 

 they must httve heard, unless other- 

 wise disabled. 



The Attorney-General. — I was 

 only about to st-ate tliat the Court 

 would evpect it to be made out sa- 

 tisfactorily that the j urors did not 

 hear. 



Lojd Elienborough. — Tlie Coiut 

 thinks it is precluded from the 

 means of acquiring that knowledge 

 through affidavits. That is the 

 difficulty the Court feels. If it 

 were not for the possibility that 

 some of the jury did not hear, the 

 <langer would be infinite ; and this 

 danger lias, in former times, no 

 doubt, deterred such applicatiojis. 

 I dp not know that an application 

 of tliis kind has ever been made. 



Ml'. JusticeBa}ley. — Tiie Court, 

 sensible of the difficulty, felt that 

 it/ was due to my brother Abbot, and 

 to the public, that he should make 

 this communication. J entirely 

 concur with my Lord in the obser- 

 vations he has made upon this case : 

 it ift jieculinrly circumstanced, for 

 tlie jury were not all within vie^v 

 of the judge : he coidd not see 

 tlwm, nor tiiey hiur; and as soon 

 lis di'coruin wouhl allow, the con. - 

 niujjiiation. of' disrcnt was maile. 



The Attorney-General. — I was 

 only about to add a single word. 

 If the Court thinks that, under 

 the circumstances, the party shovdd 

 have a new trial, I am sure, stand- 

 ing here for the Crown, f shall 

 not resist it for a moment. 



Mr. Justice Holroyd. — Other- 

 wise the Court does not see how 

 it can proceed to pass sentence. 



The Attorney -General. — After 

 the opinion the Court has ex- 

 pressed, 1 shall not hesitate to pray 

 that a new trial may be granted. 



Lord Elienborough. — 1 think, 

 IMr. Attorney-General, you do as 

 becomes you. (To Mr. Chitty.) 

 Are you instructed, on the part of 

 your client, to the extent of au- 

 thorising you to desire a new trial? 



Mr. Chitty said, tl\at yesterday 

 he had appeared on behalf of the 

 dissenting jurymen. 



Lord Elienborough. — Then you 

 have appeared, and we v\in hear 

 no more at least upon that matter. 



Mr. Chitty added, tliat he now 

 appeared, and was instructed on 

 behalf of the defendant. 



Lord Elienborough. — Do you 

 desire a new trial ? 



Ml-. Chitty. — I am instructed to 

 apply to your Lordship for an ac- 

 quittal. 



Lord Elienborough. — When it 

 comes to your turn )ou will move 

 for what you think proper. 



Nov. 25.— Tits King v. James 

 WiUlamt. — The defendant had ad- 

 mitted judgment to go by default 

 on an information charging him, 

 a bookseller and stationer at Port- 

 sea, with printing and publishing 

 a scaiuluhjufi, ijifanuuis, and im- 

 pious libel, temling to lirlng ir.to 

 fontornpt that part of the service 

 of thtt church of Knglund called 



the 



