| Show SOMETHING OF A TRIAL BY PEERS Apropos of ot the case lase of ot Lord Russell the last peer who brought himself within the tho criminal jurisdiction of or the tho house of ot lords was Viscount Arbuth nott Indicted for tor felony elony In 1848 SOS says the London Dally Daily Stall Mail But Dut he lie left lett the lie United Kingdom hurriedly Accordingly the most recent prece precedent precedent precedent dent which the Iho house of at lords lorda had to guide guille them In lit their dealings with Karl iCon l orl Russell Is the trial of ot the tho ho Earl Eai Fa 1 of ot Cardigan which took place exactly sIxty years ears ago ogo Long before then however the lie peers tried the romantic case of the Duchess of oC Kingston who was concerned In the tho only bigamy trial which ever over came caine be before before fore tore the entire house The duchess was wasa wasIL a IL noted beauty and maid multi of ot honor at atthe atthe the tho court of ot George II 11 She was wall first engaged to the Duke of at Hamilton but butIn butIn butin In a n lit of ot pique married Augustus Ilene a n poor naval officer who af nf afterwards became Earl of or Bristol The Tho marriage was celebrated WITH TIlE THE UTMOST Ur SECRECY nt at midnight anti and anI later on when both bolh wished to marry marr again having tired of ot each earh other othet she denied healed the Ohio marriage and IlI brought a Jactitation suit lag Ing In that she he was Willi unmarried Hervey WOR In III collusion with her bier herand and ami helped her hel to get et a It decree A few tew weeks later she married the lie Duke of oC Kingston Four tour later he died 1773 and one of oC his hlll nephews charged her with bigamy to Invalidate the will with the result that she ho found guilty guilt by hy the lie peers and anil sentenced to be branded In the hand but pleading privilege of ot peerage she was wins discharged on payment of oC the costs The case of ot Lord Cardigan already mentioned arose nrose out of at eee criticisms on en the way 8 Lord Cardigan ruled hl his hili regiment the eleventh hus line hussars cars sars This was In 1840 1540 Lord Cardigan round found out the tue writer to be a n certain captain Tuckett whom wham he be challenged to n a duel on oh Wimbledon common Tuckett was wounded Cardigan was arrested and a n true bill for felony found against him at the lie Central l hid Ml court The matter was reported to the lord loro chancellor Lord Cotten Cottenham hAm by b the Judge who hall had presided ut at atlie the lie Old Bailey Daile The TIll trial was wall fixed to take place with withIn In three weeks of oC the lie Intimation trout from the Old Bailey In the lie Interval the I committee appointed at nt the outset as asIn asIn I In the present pre enL Instance to Inspect the Journals Journal of the lie house In respect to criminal eases cases anti report r port thereon had hind been beon exceedingly busy bus Their labors were brought to a 1 close by b a final re 11 report report port recommending that a stool should be placed within the bar on which the hie Karl Earl of Cardigan should sit lt during the Hie trial uncovered and without his lila robes So the tho lie day da of 01 tho the trial came caine and the euroUs thing If Is that the house heuRe of et lords for lor that lint occasion 00 had ceased to 10 be the lie house of oC lords loros and had properly and legally speaking become the court of or our Lady Lilli the queen In parliament presided over overby overby by II the lord high steward appointed by b commission under tinder the Great Seal Had lIall this criminal matter arisen when par os not sitting altUm Lord I ml Cardigan would have been tried In the court of or orthe the ho lord loro high steward quite another matter altogether For In a n trial of oC a peer lI er In full tull parliament t every peer pros prell ent at nt the trial and every esery temporal per pettI has a II right to be bp present votes otes upon every ery question of DC law and fact al alTh The Th lord high steward himself has hos only a 1 single vote vole oll the verdict being that of or the l majority hut But In the he court of or the lie lord high steward In the tho lie case when parliament Is not sittinG he alone Is Judge In all points ot of law and practice the thc peers present are merely merel judges of other words they perform the humbler functions of or Jurymen To 10 get gel back to Lord Cardigan Tho TIm of ot the day dllY Sir John Campbell appeared against him und In lie tho absence of or the lord chancellor the tho chief Justice Lord Denmun presided ed edOn On his pleading not guilty Lord Car Cardigan digan was further asked ask ell by b the deputy clerk of or the crown How lIow will wilt your our bo be tried By JJ B my InY peers God send your lordship a It good dell deliverance erance a politeness which might be lie copied at the tho central criminal court After the tho hearing wua tas concluded the lord high steward standing up lip called every i Iter ier cr by b his name from Irom a n list be boo beginning beginnIng ginning with tho the Junior baron unit and asked him John Lord Kenno how ho says your lordship Is Ia James Thomas Earl 1 all of Cardigan guilty of oC the felony whereof ho lie stands Indicted or not guilty guilt f fh Whereupon h r John Lord Keane licano I enne stand standIng Ing up tip In his Ide Place uncovered and ancl luy hay Ing lug his right hand hanti upon his breast an answered Not No 1 guilty upon my tn And so said Mill they tIle all alii with the exception of ot the Duke Duko of oC Cleveland whose un an ewer Iwer was Not ot guilty legally upon my m honor One royal duk ull the late Inte Duke luke of ot Cambridge anti It Is worth noting that nil all I II let h era of lit man u tu members member of ot the lie blood roy 10 l 1 slated Mated according to tc precedent that till the lit house desired lien presence The he bishops take i in the proceedings as ns Ionic of at parliament but by the van can canons oils ons rf of C the church hoy are prohibited groin from wimp t II It In cases cocos ca s of ot blood bloo Tl The p cue ous torn Is for tor them tieni to ask leave to be ab nb absent absent sent And no ito 0 to make an on end eat of or Lord Car Cardigan nr ar digan Tin The Indictment was Willi for lor shoot shootIng shootIng Ing at Harvey Phipps Tuckett with Intent etc The TIU trial only In l lone one day da The Tho could produce evi el evidence eIdon eldene dence dene don e that he lie h bore the name hame of oC Jarnett Tuckett So I rd or ar digan went vent free lIN |
