not
be an ordinary change of masters, but a transfer of property.
At about four o'clock the jury retired; and, having returned at quarter
before five,
Mr. Justice BEST said, he had received a communication that they were not
likely to agree; and as they must agree at some time or other, he sent
for them in order to give them any information in his power upon such
points as they disagreed upon.
A Juror.--The Foreman was rather precipitate in writing to your Lordship;
we have not wasted much time, and we are discussing it among ourselves.
Mr. Justice BEST.--I am not in a hurry.
The Foreman said, there were four of the jurors obstinate, and he would
wish his Lordship to draw a juror.
Mr. Justice BEST.--I have not the power to do so.
A Juror.--I throw back the charge of obstinacy in the teeth of the
Foreman--he is obstinate.
Another Juryman.--My Lord there is obstinacy.
Second Juryman.--This is invidious; I am not the only one who stands out;
there are four of us.
The Foreman again expressed his opinion that they should not agree.
Mr. Justice BEST.--Gentlemen, you must see the impropriety of this public
discussion; you had better retire, and endeavour to agree among
yourselves.
The jury again retired, and at eight o'clock desired their families might
be informed that it was not likely they would return home before the
morning.
Wednesday, July 25th.
This morning the jury were still enclosed without the least chance of any
agreement. A number of persons were in waiting to hear the verdict. At
half-past nine o'clock, Mr. Justice HOLROYD appeared on the bench, and an
intimation was conveyed to his Lordship that there was no probability
that the jury would agree.
A conference took place between the counsel for the prosecution and
defence who appeared to be both willing to enter a _Noli Prosequi_ and
discharge the jury without a verdict.
A gentleman in black (said to be Mr. Longueville Clarke, one of the
Committee of the Constitutional Association, and one of the _State
Locusts_) suddenly started up, and declared that he would not consent to
such a course.
Mr. COOPER (to the man in black).--Are you the attorney for the
prosecution, sir?
Mr. LONGUEVILLE CLARKE.--No: I am a member of the Constitutional
Committee; and _I will_ have a verdict.
Mr. COOPER.--However potent, sir, your word might be in the committee-
room, it has no power in this Court.
Mr. GURNEY, as counsel for the
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