248 HISTORY, GOVERNMENT, ETC., 



observing, challenged all the others, and the case remained over 

 in default of jurors. In both cases the accused had professional 

 assistance. 



" Again, the jurors are placed alphabetically on the list, and are 

 summoned in that order ; the relatives of convicted persons, qualified, 

 and bearing the same name, are sure to be on the same panel with 

 them. A party may be well informed beforehand, who will be 

 summoned on his jury. An opportunity thus offers for the exertion 

 of improper influence. 



" A large proportion of those who have appeared and served are 

 publicans, as many in some cases as eight out of twenty-nine, three 

 having been convicted pei'sons ; in other cases, ten out of thirty-one, 

 five having been also convicted persons; and again, eleven out of 

 thirty-five, four of them convicted persons. 



" Respecting the large proportion of this class of persons on the 

 jury panels, and the state of crime, and the causes of it, I addressed a 

 letter to his excellency the Governor, and I now repeat, that the evils 

 arising from the very great number of licensed houses for the sale of 

 ardent spirits, are not restricted to the stimulus which they give to 

 the commission of crime, and concealment of it which they afford, 

 but I have found a very great proportion out of the panel of jurymen 

 before the Supreme Court (who actually attend), to be holders of 

 licensed public houses, frequently very low in respectability, to 

 whose houses, prosecutors, and parties accused, on bail, and their 

 witnesses, bond and free, resort for the purpose of drinking, during 

 the period of time they are in attendance on court ; and a reasonable 

 fear is thus excited for the purity of the administration of justice, 

 which I have had occasion as a judge to see realized. 



" Upon reference to the jury list of 1835, I have found that the 

 number to be summoned from criminal issues before the Supreme 

 Court, is nine hundred and fifty-three, of whom two hundred and 

 three are publicans and innkeepers. The proportion of those who 

 actually serve, far exceeds that number ; and in June, 1835, no less a 

 number than two hundred and twenty-four licenses were granted 

 for public houses in the town of Sydney alone. Few of them 

 do not possess the necessary qualifications, and many are highly 

 respectable persons ; but the proportion which they bear to the whole 

 is small. 



"The keepers of the low public houses in Sydney, are chiefly 

 persons who have been transported to this colony, or are married to 

 convicts, and many of them are notorious drunkards, obscure persons, 



