R v William Edwards
| Jurisdiction | England & Wales |
| Judgment Date | 28 March 1812 |
| Date | 28 March 1812 |
| Court | High Court of Chancery |
English Reports Citation: 168 E.R. 772
LINCOLN'S INN
Referred to Conway & Lynch v R. 1845, 1 Cox C. C. 210, Re Newton, 1849, 13 Q B. 716; R. v. Charlesworth, 1861, 1 B & S 460
[224] 1812 rex v william edwards (If a juryman is taken ill so as to be incapable of attending through the trial, the jury may be discharged and the prisoner tried de novo, or another juryman may be added to the eleven , but in that case the prisoner should be offered his challenges over again, as to the eleven, and the eleven should be sworn de now S C. 4 Taunt. 309; 2 Leach, C. C. 621, in not is; 3 Campb 207 ) [Referred to, Conway & Lynch v R , 1845, 1 Cox C. C 210 , Re Newton, 1849, 13 Q B. 716 ; R v Charlesworlh, 1861, IB & S 460 ] At the Lent assizes and general gaol delivery for the county of Monmouth, held before Mr Baron Wood, in the year 1812, during the trial of William Edwards for a capital felony, in maliciously shooting at Lewis Roberts, one of the jury was seized with a fit and obliged to be carried out of court, and a surgeon was sent for to attend him After a considerable interval, the learned judge sent for the surgeon into court, and examined him upon oath, as to the ability of the juryman to return into court and attend the remainder of the trial, and the surgeon said he had been put to bed and was in a state of insensibility, and incapable of returning into court that day. The prisoner's counsel objected to any other juryman being sworn, and urged that the prisoner should be discharged. Wood B overrnled the objection, and ordered another of the jury returned in the panel to be ballotted, telling the prisoner that he might object to any one that was called and appeared. A person being called and appearing, the prisoner was asked if he had any objection to him, and he said " No " ; whereupon he was aworu upon the jury in the place of the absent juryman, and the other eleven were all sworn over again, and they were all twelve charged over again with the prisoner, in the usual manner. The examination in chief of the first witness being gone through before the juryman was taken out, that witness was re-sworn to give evidence as he had done at first, and then the learned judge told the counsel for the prosecution as well as for the prisoner, that the witness must be examined over again , but they said if the learned judge read his notes over, that would be sufficient, accordingly he (a) Afterwards Birch, Chambers, & Co. brought an action...
To continue reading
Request your trial
-
R v Charlesworth
...King v. Cobbelt, referred to in Newton's Case (13 Q. B. 723), or where a juror has fallen ill, as in The King v. Edward* (4 Taunt. 309. ; 3 Camp. 207 ; Russ. & Ry. 224), The King v. Stevenson (2 Leach, C. C. 546) and The King v. Scalbert (Id, 620). [Crompton J. The exercise of the power in ......
-
Attorney General of Our Lady the Queen for the Colony of New South Wales, - Appellant; Henry Louis Bertrand, - Respondent
...calculated to injure the Prisoner, and there was no miscarriage of justice occasioned by such a course. The cases of The King v. Edward* (3 Camp. 207); The King v. Street (2 Car. and P. 413); Stokes's Case (6 Car. and P. 151); and Foster's Case (7 Car. and P. 496), relied on by the Chief Ju......
-
Mercy Catharine Newton
...objection. The Chief Justice overruled it; and the man was executed.] There have been several such cases ; Rex v. Edwards (4 Taunt. 309. Russ. & Ry. 224), is one. [Lord Denman C.J. There the juryman fell ill: hut that has not always been the reason of the discharge. When I was Common Serjea......
-
R v Edwards
... ... George Gunniss shall die, to go to the longer liver of them, and after their decease to such child or children of the said Richard Gunniss and George Gunniss, of their bodies lawfully begotten, share and share alike ; and in failure of such issue, to go to such child or children of my son William Clayton, deceased, to be equally divided between them. The testator also gives unto his grandson Richard Gunniss, (who is the testator's heir at law,) the sum of 51., to be paid by his executors within six months after his decease. The testator had two wives. The said Richard Gunnies, the grandson, ... ...