Saturday 16 Aug 1823 (p. 3, col. 1-6)
The Judges arrived at Appleby on Saturday evening last, and opened the Commission. Their Lordships attended divine service on Sunday: the Assize sermon was preached by the Rev. J. MILNER, vicar of Appleby, from Proverbs 28th chap. verse i. "The wicked flee when no man pursueth; but the righteous are bold as a lion." The subject was most appropriate, and the Rev. Gentleman delivered the discourse with impressive effect. On Monday morning, their Lordships took their seats upon the bench a little after nine; Mr. Justice HOLROYD in the Crown Court, Mr. Justice BAYLEY at Nisi Prius.
Lord LOWTHER, Foreman
. W. W. ATKINSON, Esq.
The Hon. H. C. LOWTHER. T. WYBERGH, Esq.
W. W. C. WILSON, Esq. James BROUGHAM, Esq.
C. WILSON, Esq. R. TINKLAR, Esq.
John HILL, Esq. E. HASELL, Esq.
M. ATKINSON, Esq. John HAMMOND, Esq.
T. H. MAUDE, Esq. N. DENT, Esq.
John GIBSON, Esq. Ralph FISHER, Esq.
Roger CARUS, Esq. Ford NORTH, Esq.
Arthur SHEPHERD, Esq. E. W. HASELL, Esq.
In his charge to the Grand Jury, Mr. Justice HOLROYD said, that although the cases that would come before them were more than a usual number for this county, yet he did not think they were of such a nature as to occupy much of their time. His Lordship was well aware that those gentlemen he had the honour to address would see the necessity of preventing crime as much as possible: it was therefore requisite that persons under confinement should be put to some useful employment, in order that they might not be liable to those habits of idleness which they would otherwise learn. One case would probably come before them, framed upon an act passed in the reign of his late Majesty, which made it a capital crime for any of his Majesty's subjects to cut or maim another, having premeditated the act. Should it appear that the deed was committed in the act of self-defence?in such case the bill could not be found; but if the deed were malicious and premeditated, it then was a capital crime, and came within the meaning of the act. There was another case, wherein a man and his wife, together with another person, were charged with endeavouring to facilitate the escape of a man who had been convicted of a felony, and now under imprisonment. By an act passed in the reign of George II. this crime is punished by seven years transportation. If it should appear that the wife acted in the presence of, or in command of, her husband,?in that case, the bill would not stand against her. His Lordship did not see any thing requiring further remark; and he requested the gentlemen to proceed to the discharge of their important duties.
[to be continued
] Reproduced with kind permission of British Newspaper Archives