APPENDIX TO CHRONICLE. 307 



was desirous of consulting upon 

 so nice a question, had arrived. 

 Mr. Justice Holroyd, who did 

 not leave Monmouth till 9 in the 

 morning, was expected at 2. 



Between 12 and 1, Mr. Baron 

 Garrow proceeded from the 

 cathedral to the Court- house, 

 which was crowded to excess by 

 persons of all ranks. Among 

 others who had been summoned 

 as a grand juryman was the Right 

 Hon. Charles Bathurst, who was 

 formerly a barrister on the cir- 

 cuit. Mr. Bathurst was in Court, 

 and with him the learned judge 

 had some conversation on the 

 dilemma in which they were 

 placed. Mr. Bathurst, we under- 

 stand, fully agreed with his Lord- 

 ship on the propriety of waiting 

 for Mr. Justice Holroyd, and 

 after the juries had been called, 

 an adjournment of the Court took 

 place till 2. 



On Mr. Justice Holroyd reach- 

 ing the town, Mr. Baron Garrow 

 communicated to him what had 

 occurred, and they both applied 

 themselves to the consideration 

 of the difficulty which had arisen. 

 Reference was had to all the 

 authorities which it was thought 

 might bear upon the subject, but 

 nothing was found calculated to 

 assist their Lordships' delibera- 

 tions. In this state of things, 

 and both of the learned Judges 

 entertaining doubts of the legality 

 of proceeding upon a commission 

 which had not been opened on 

 the day appointed, it was resolved 

 to despatch Mr. Wilton, the 

 Under Sheriff, express to London, 

 with a letter to the Lord Chan- 

 cellor, explaining what had hap- 

 pened, and soliciting his advice 

 a» to the course which it would 



be proper to pursue. INTr. Wilton 

 was immediately called in, and 

 having received directions to 

 prepare for his journey, he soon 

 afterwards was furnished with 

 the letter in question, and set off 

 in a post-chaise and four for 

 London, intending to reach the 

 Lord Chancellor's house as soon 

 as possible. 



It was then resolved that Mr. 

 Baron Garrow should go into 

 Court, and have the grand juries 

 sworn, so that they might go on 

 with their business in finding 

 bills. 



In the interim the utmost per- 

 turbation prevailed among the 

 attornies engaged, both in civil 

 actions and criminal prosecutions; 

 21 causes were entered for trial, 

 of which 7 were understood to 

 be undefended, and the calendar 

 presented the names of 70 pri- 

 soners. This amount of business, 

 although inferior to what has 

 been known on former occasions, 

 had collected together from 

 distant parts of the county an 

 immense number of persons, 

 either in the character of wit- 

 nesses, plaintiffs, defendants, pro- 

 secutors, or prisoners' friends, all 

 of whom were, of course, deeply 

 interested in the delay which now 

 seemed unavoidable. To tiiese 

 might be added the petit jury- 

 panels, containing the names of 

 not less than 100 persons, who 

 had been summoned to attend the 

 assize, at a great expense and at 

 considerable inconvenience. If 

 it should be considered necessary 

 to issue a new commission, it was 

 understood that all the usual 

 steps taken under the old com- 

 mission must be renewed. New- 

 juries would have to be summoned, 



X 2 fresh 



