could hardly be taken to convey what they meant; and though they were not to be forgotten as evincing a general disposition to evil, and rendering what happened more probable, they were not to be relied on as declaring the intention of murder, which no man in his senses who meant to commit the crime would previously declare. The learned Judge then went over the different parts of the evidence, and showed its bearing on the guilt or innocence of the prisoners with great penetration, discrimination, and impartiality. The learned Judge concluded an address to the Jury of two hours and three quarters, about 10 minutes before 9 o'clock.

The Jury almost immediately returned a verdict of Guilty against both the prisoners.

GLOCESTER ASSIZES, AUG. 15.

We have now to call the attention of our readers to an event which we understand is unprecedented in the history of assizes holden in this country, namely, the fact of the commission for holding the assize for this county having been rendered nugatory, in consequence of its not having been opened before 12 o'clock at night on the commission day. We have already stated the fact, that Wednesday was the day appointed for opening this commission, and have also alluded to the anxiety which Mr. Baron Garrow expressed to perform that duty. Unfortunately his Lordship was unable to effect his object, for though he travelled with all the expedition his horses

and the hilly roads would permit, he did not reach the court-house at Glocester until after midnight. Long antecedent to this time Mr. Tommes, the clerk of indictments, had arrived in the town, and, attended by the Under-sheriff, the Mayor of Glocester, and several other gentlemen, had proceeded to the Court with their commissions, in order that they might be opened the moment his Lordship should arrive. These gentlemen remained in anxious suspense until the hour of twelve approached, when, apprehensive of the consequences that would follow the non-arrival of the Judge at that hour, every watch was drawn forth and compared. Time still rolled on

his Lordship did not arrive, and the hour struck. The second quarter after twelve had been completed, when his Lordship was announced, and the commissions were opened in the customary way; subject to what was then conceived to be an insuperable bar to their effectnamely, their not having been read on the day which in their own body was directed and appointed.

Matters rested thus until the arrival of Mr. Pugh, the clerk of assize, who entered the town at 10 o'clock in the morning, and immediately had a conference with Mr. Baron, Garrow. The result of this interview was a determination on the part of his Lordship to go into court after divine service, and to have the names of the grand jurors for the county and city called over; but to take no other step until Mr. Justice Holroyd, with whom he

Was

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 circuit. 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 understand, fully agreed with his Lordship 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 reaching 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' deliberations. 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 Chancellor, explaining what had happened, and soliciting his advice as to the course which it would

be proper to pursue. Mr. 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 perturbation 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 prisoners. 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 witnesses, plaintiffs, defendants, prosecutors, or prisoners' friends, all of whom were, of course, deeply interested in the delay which now seemed unavoidable. To these 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 commission must be renewed. New juries would have to be summoned,

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fresh

fresh notices of trial given, and, in fact, all that had already been done, with a view to the trial of causes, would be superseded. In such a state of things, it is impossible to describe the sensations which every where prevailed. The trumpet having sounded, to announce that the learned judge was about to go into court, an instant rush took place, and in a moment the Crown Court was crowded in every part. On his Lordship's arrival on the bench, and the confusion which arose having subsided, he addressed the grand jury, of which the Marquis of Worcester was foreman, to the following effect :"Gentlemen of the grand jury; It may be proper that I should explain to you the course which, in the very distressing, and to me very afflicting, circumstance in which my learned brother and myself are placed, we have thought it most expedient to take. It is now, gentlemen, perfectly well known to you all, that in consequence of the great pressure of business at the last county from which we have come, notwithstanding every possible despatch was used, I did not arrive in this place till some minutes after midnight. The commission under which we were appointed to assemble here required that we should commence our duties on the Wednesday. It has been the usual course to open the commission on that day, and, generally, nothing more has been done; the Court adjourned to the following day. On the present occasion the commission, from the unforeseen and unavoidable circumstances

to which I have alluded, was not opened within the time stipulated, and a difficulty has occurred in our minds as to whether it may be strictly correct to proceed with the business of the assize. Since I had the pleasure of communicating with you before, my learned brother and myself have given our best consideration to this new but important question, and upon the whole, we are of opinion, that the most prudent course will be, to charge you, gentlemen of the grand jury, to make inquiry into the matters which shall be submitted to you in the ordinary way, and to ad journ from time to time, to receive such bills as you may find. In the interim we shall omit nothing to remedy the inconvenience which has arisen. A messenger has been despatched to the Lord Chancellor on the subject, whose judgment we have thought it proper to consult. If, unfortu nately, it shall be found necessary to issue a new commission, then nothing will have been done of an important or injurious nature. We shall abstain from taking any trials until after the answer of the Lord Chancellor has been received. When you are sworn, therefore, we shall adjourn, as I before said, to such time as shall appear most convenient for the reception of your bills; and it is now to be understood, that neither in this court nor in the other are any trials to be proceeded with, until Saturday morning. It is impossible, gentlemen, that I can refrain from expressing the deep and heart-felt regret which I feel at the disappointment, inconve nience, and additional expense,

which must result to the parties from this painful occurrence. The only consolation I feel is that no possible blame is imput able either to my learned brother or to myself. I came here with uncommon advantages of travelling and with all possible despatch. I left a jury behind me locked up, and had the misfortune to leave several cases untried. The case is as singular as it is unfortunate, and is to me most afflicting."

Mr. Pugh now read the proclamation against profaneness and immorality, and Mr. Richards, his Lordship's marshal, proceeded to administer the usual oath to the grand juries, both for the city and county of Glocester.

on

His Lordship afterwards addressed the petit jury, and requested their attendance Saturday morning at 8 o'clock. -The Court was then adjourned to the lodgings.

On the adjournment of the Crown Court, Mr. Baron Garrow entered the Civil Court, and the crier having opened it in the usual form, his Lordship spoke to the bar, many of whom were assembled, as follows:

"I am extremely sorry to meet you under the very distress ing circumstances in which I am now placed. You are sufficiently aware of the nature of the business at the last place from whence we came. You know the anxiety which I felt, not alone to perform my duties there, but to take measures to ensure my early arrival there; and were witness to the orders which I gave, to make preparations for my depar

ture from Monmouth the instant my presence could be dispensed with. You are also aware of the lateness of the hour to which I was detained. I lost not a mo

ment in setting off for this city; but in despite of the despatch and speed which were used, I did not arrive until after midnight. This delay has given rise to doubts, which my learned brother and myself think it expedient to submit to other authority, before we proceed with the business of the assize, for reasons which your own experience will naturally suggest. We have sent Mr. Under Sheriff with all possible expedition to the Lord Chancellor for his advice as to the course which it may be proper to pursue, and hope by Saturday morning to receive his Lordship's answer. Until that day we do not propose to settle any trial. This is a delay which I most sincerely lament; but which cannot now be avoided: the consciousness that it is not attributable to any want of zeal or exertion upon my part, is the only consolation which I have, in a case so novel, and involving so many important consequences."

The Court was then adjourned to the lodgings.

prosecution of a return voyage from the port of Senegal to this country, and carried to Barbadoes, where she was abandoned by the captors. In the month of May, 1816, a claim was given in this Court by the Master, and a monition was taken out against the captor, to proceed to adjudication. He appeared under protest, and in June, 1817, the Court over ruled the protest, and assigned the captor to appear absolutely.

Sir W. Scott.-This is a case of a ship with a valuable cargo, which was seized in the month of April, 1814. Proceedings were instituted in this Court in the month of May, 1816. A claim was given by the master, and a monition issued against the captor, calling upon him to proceed to adjudication. He appeared under protest which came before the Court in an act on petition in the month of June, 1817. Two grounds were attempted to be established in the protest-1st, that the captor was justifiable; and, 2nd, that restitution had long since been made to the owners. If circumstances excite a just and reasonable suspicion, although they may not lead ultimately to condemnation, the Court will always protect the captor; but, if a sufficient ground for the seizure is not shown, and injury ensues, the person who causes that injury must in justice bear its weight; or if the captor can show that restitution has been accepted by the claimant, the Court will hold the latter to have acquiesced in the arrangement, and consider him as bound by it;

but the Court was of opinion, that neither of those grounds in the protest had been sustained. It was asserted, that by her sails she had the appearance of an American ship, and that there was no manifest of the cargo; but papers were produced which left no rational doubt as to the port from which she sailed, and the port of destination. With respect to the want of manifest and clearance, the master says, there was no custom-house, and the captor might have supposed that this was the fact, as he hardly would have left any port with so valuable a cargo had there been the means of obtaining those documents. If the captors disbelieved this, they should have shown that a custom-house did exist in that port. With respect to the restitution, he had no right to take the vessel at all to Barbadoes, unless there had been strong grounds for suspicion. The Court is always ready to make allowances for convoying vessels. When they make captures, a practice which, although permitted, is very much discouraged, they should put things into the most convenient forms. The captor might have resorted to any of those measures which have been suggested in argument without the hazard of such great loss. At Barbadoes a sort of restitution takes place, but is it done without sufficient attention? The vessel is left, and the master remains in gaol, and protests against the seizure, declaring that he will not sign any paper to relieve the captor from the responsibility. The Court decided,

that