1832. HARGEST บ. FOTHERGILL. while the parties are at home, and before they come to the Assizes. Curwood and Carrington, for the plaintiff. Maule, for the defendant. [Attornies-Owen, and Prothero & Phillips.] Nonsuit. In the ensuing term, Curwood moved for a rule to shew cause why the nonsuit should not be set aside; and subsequently a rule was made absolute for a new trial, on payment of costs. In the case of Doe d. Wartney v. Gray, 1 Stark. 283, service of notice on the wife of the defendant's attorney, at his lodgings, on the evening before the trial, to produce a lease, was held insufficient. See the case of Bryan v. Wagstaff, ante, Vol. 2, p. 125. 305 OXFORD SUMMER CIRCUIT, 1832. BEFORE MR. JUSTICE BOSANQUET AND MR. BARON GURNEY. BERKSHIRE ASSIZES. BEFORE MR. BARON GURNEY. REX V. DENNIS COLLINS. 1832. July 16th. HIGH TREASON. As soon as the Grand Jury had If a true bill be returned a true bill Jervis, for the Crown, moved that the Sheriff should furnish the solicitor to the Treasury with a list of the persons who would be summoned on the Jury in this case, that a copy of it might be delivered to the prisoner pursuant to the statute. found against a person for high treason, the Judge will, on the application of the counsel for the Crown, iff to furnish the solicitor to the order the Sher Treasury with a list of the persons to be summoned on the Mr. Baron GURNEY ordered that the Sheriff should Jury, that a co give the list applied for. The prisoner having been brought into Court py of it may be delivered to the prisoner. Semble, that counts charging a party with high treason in compassing &c. the maim and wounding" of His Majesty, and with "compassing &c. the wounding" of His Majesty, are bad. The prisoner, in a case of high treason, has a right to address the Jury in addition to the speeches of his counsel and semble, that both the prisoner's counsel have a right to address the Jury, although there be no evidence on the part of the defence. 1832. REX บ. COLLINS. GURNEY, B., asked him whom he wished to have as his counsel and attorney. The prisoner named Swabey and Carrington as his counsel, and Mr. Frankum as his attorney; and his Lordship having ascertained that they consented to act as such, assigned them as counsel and attorney for the prisoner; and an order was drawn up, that they should have access to the prisoner at all seasonable hours. The Assize was adjourned till the 22nd of August, to give time for a copy of the indictment, and lists of the Jurors and witnesses, to be delivered to the prisoner. Considerably more than ten days before the trial, a copy of the indictment and caption, including the names of the witnesses on the back of the indictment, and also the words, "a true bill;" and a list of the witnesses' names, with their residences and additions; and also a list of the Jurors (a hundred in number) with their residences and additions (a), were delivered to the prisoner. (a) As to the delivery of a copy of the indictment, the list of witnesses, and the list of the Jurors, to the prisoner-see the stat. 7 & 8 W. 3, c. 3; 7 Ann. c. 21; and 6 Geo. 4, c. 50. The indictment is to be delivered after bill found, and before arraignment. The number of days is reckoned, with respect to the indictment, exclusive of the day of delivery and day of arraignment; and with respect to the lists, exclusive of the day of delivery and day of trial; and in neither case ought Sundays to be reckoned. 1 Ea. P. C. 112. But by the stat. 39 & 40 Geo. 3, c. 93, it is enacted, that the provisions of the stat. 7&8 W. 3, c. 3, and 7 Ann. c. 21, shall not extend to any indictment for high treason in compassing and imagining the death of the King, where the overt act is any direct at tack on his Majesty; and in the stat. 6 Geo. 4, c. 50, the like exception is made; so that if the indictment in the principal case had consisted of the first count only, the prisoner would not have been entitled to a copy of the indictment, &c. BEFORE MR. JUSTICE BOSANQUET, AND MR. BARON 1832. REX THE indictment consisted of five counts. The first August 22nd. count charged, that the prisoner, on the 19th of June, 2 Will. 4, at &c., maliciously and traitorously, with force and arms, "did compass, imagine, devise, and intend the death and destruction of our Lord the King (a); and, to fulfil, perfect, and bring to effect his most evil and wicked treason, and treasonable compassing and imagination (a) By the stat. 36 Geo. 3, c. 7, it is enacted, "that, if any person or persons whatsoever, after the day of the passing of this act, during the natural life of our most gracious sovereign lord the king, (whom Almighty God preserve and bless with a long and prosperous reign), and until the end of the next session of Parliament after a demise of the crown, shall, within the realm or without, compass, imagine, invent, devise, or intend death or destruction, or any bodily harm tending to death or destruction, maiming or wounding, imprisonment or restraint of the person of the same our sovereign lord the king, his heirs and successors, or to deprive or depose him or them from the style, honour, or kingly name of the imperial crown of this realm, or of any other of his majesty's dominions or countries; or to levy war against his majesty, his heirs and successors, within this realm, in order, by force or constraint, to compel him or them to change his or their measures or counsels, or in order to put any force or constraint upon, or to intimidate or overawe both houses, or either house of parliament; or to move or stir any foreigner or stranger with force to invade this realm, or any other his majesty's dominions or countries under the obeisance of his majesty, his heirs, and successors; and such compassings, imaginations, inventions, devices, or intentions, or any of them, shall express, utter, or declare, by publishing any printing or writing, or by any overt act or deed; being legally convicted thereof, upon the oaths of two lawful and credible witnesses, upon trial, or otherwise convicted or attainted by due course of law, then every such person and persons, so as aforesaid offending, shall be deemed, declared, and adjudged to be a traitor and traitors, and shall suffer pains of death, and also lose and forfeit, as in cases of high treason." By the stat. 57 Geo. 3, c. 6, the stat. 36 Geo. 3, c. 7, is made perpetual, so far as its provisions relate to the heirs and successors of his majesty, the sovereigns of these realms. 1832. REX v. COLLINS. aforesaid, he the said D. C., as such false traitor as aforesaid, on the said 19th day of June, in the second year of the reign aforesaid, at the parish aforesaid, in the county aforesaid, with force and arms, maliciously and traitorously did obtain and procure, and in his custody and possession did have and keep, divers, to wit, three stones, with intent thereby and therewith maliciously to kill and destroy our said Lord the King; and, further to fulfil, perfect, and bring to effect his most evil and wicked treason and treasonable compassing and imagination aforesaid, he the said D. C., as such false traitor as aforesaid, on the said 19th day of June, in the second year aforesaid, at the parish aforesaid, in the county aforesaid, with force and arms, maliciously and traitorously did, with great force and violence, cast and throw divers, to wit, two of the said stones, at and against the person of our said Lord the King, with intent thereby and therewith maliciously and traitorously to kill and destroy our said Lord the King, and with one of the said stones so cast and thrown as aforesaid, then and there struck, bruised, and wounded the person of our said Lord the King, against the duty of the allegiance of him the said D. C., against the form of the statute in such case made and provided, and against the peace of our said Lord the King, his crown and dignity." The second count charged that the prisoner did compass &c. "bodily harm to our said sovereign Lord the King, tending to the death and destruction of our said Lord the King." It stated the same overt acts as the first count, alleging an intent "to do bodily harm to our said Lord the King, tending to the death and destruction of our said Lord the King." The third count charged that the prisoner did compass, &c. "the maim and wounding of the person of his said Majesty;" with the same overt acts as the first count, the intent being stated to be, "to maim and wound his said Majesty." |