soon as they have closed on the part of the Crown; and fill up the time that will intervene between that time and the time when you will be ready to go on with your address to the Jury. In that way I think we shall put the Jury under no unnecessary hardships, because, whether they hear the witnesses. before or after the speech, is a matter of no importance to them.

Mr. Erskine. I should be afraid to take upon my self the experiment of trying a cause, particularly of this magnitude, in a manner totally different from any that has ever occurred in the annals of this country. I should be afraid to begin an experiment of that sort, more especially when Counsel in a cas pital case; because evidence comes with infinitely more weight (by which I mean the proper weight evidence ought to have), from the bearing of it upon the case when it is first stated by the Counsel, who is to support his cause by it; much of the effect of evidence is lost, and much of it distorted by the cross-examination of Counsel, until the true bearing of it has been explained. I do not propose what can be properly termed a suspension of the trial, or which can throw any sort of inconvenience upon the Jury, which would, I am sure, give me as much pain as any body in the world;-but your Lordships will recollect that the Attorney General in opening his case (I am sure I think as highly as is possible of his ability, and of the manner in which he performed his duty), but he found it necessary to spend

nine hours in the opening of his case,-the Prisoner most unquestionably may expect an equal time, if it were necessary, for his Counsel to take the same course in opening his; and if I were thrown upon it in the present moment, not having a sufficient recollection of the great points of the evidence, if I were put upon speaking to the Jury, at this moment, I must take that course of reading at great length, great numbers of papers;-whereas, if I had the opportunity of a few hours more, which is the nature of my application, merely to arrange my papers, and to select such as, in the judgment of my learned friend and myself, we shall think sufficient for our defence, it would save time.

Lord Chief Justice Eyre. I dread the explanation of a few hours. Mr. Attorney General, what further evidence have you to produce?

Mr. Attorney General. I think my evidence will not take up more than forty minutes.

Mr. Erskine. I do not know whether your Lordships mean to sit on Sunday?

Lord Chief Justice Eyre. I shall sit late on Saturday night; I say nothing of Sunday.

Mr. Erskine. I am literally at this moment, and have been all day yesterday and to-day, so extremely unwell, that I do not think if I were called upon to speak for any length of time, I could possibly support it.

Lord Chief Justice Eyre. I can easily think that to be the case, and it is a circumstance I am ex

tremely sorry for; on the other hand, I cannot ha zard the situation of the Jury.

Mr. Ershine. I should be sorry to put the Jury to any inconvenience.I do not shrink from the business; I am extremely willing to endure any thing, but I assure your Lordship that my health is extremely suffering by it.

Lord Chief Justice Eyre. What is it you ask for? Mr. Erskine. As I stated before, the Attorney General found it necessary to consume nine hours: -I shall not consume half that time,-I think at least I shall not consume half that time, if I have an opportunity of doing that which I humbly request of the Court, that is, of arranging the materials in such a manner, that I should be able to make only those observations which occur to me to be the fittest to be made, as Counsel for the Prisoner.

Lord Chief Justice Eyre. We have offered you an expedient: neither of you say to us whether you can accept it.

Mr. Gibbs. With respect to that expedient, I have no doubt to say that it is utterly impossible for Mr. Erskine and myself, in the situation in which we are, respecting ourselves, respecting the Court, and respecting the Public, and the Jury, it is utterly impos sible for us to think of that, because, if any thing adverse should happen when we have taken such a line, the imputation will lie upon us.

Lord Chief Justice Eyre. That it may not be in your judgment a desirable thing, is very well; but

that there is any other objection to it, I cannot agree to. Whether the case is taken upon the summing up of the evidence, or whether it is taken upon the opening of the evidence, is as to all legal purpose the same; I can see no difference: it may make alvast difference in your judgment, as to what is the best manner and the best method of laying your case before the Jury; undoubtedly we are assisting the Prisoner by putting the Counsel in a sie tuation to do his business in the best manner, by proposing it thus; whereas, if they were put upon doing it in the ordinary course, they would lie under a peculiar difficulty and disadvantage, Mr. Erskine has not yet told us what he asks.

Mr. Erskine, Since it is put expressly to me, I shall propose, unless the Jury profess it to be a very serious inconvenience to them, that instead of coming in the morning at the time we generally come, our coming should be at twelve o'clock, so that the Attorney General can finish at one. Mr. Gibbs will have the goodness to take a note of the few facts stated by the witnesses, and I shall be able by that time to come..

Lord Chief Justice Eyre. Then suppose we adjourn to eleven o'clock.

Mr. Gibbs. We conceive your Lordships will permit Mr. Erskine to open the case of Mr. Hardy; then our witnesses will be examined, and then I shall be heard after our witnesses.

Lord Chief Justice Eyre. You will conduct your

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case in the manner you think best for the interest of your Client.

Mr. Erskine. I should be glad if your Lordships would allow another hour.

Lord Chief Justice Eyre. I feel so much for the situation of the Jury, that on their account I cannot think of it.

Mr. Erskine. My Lord, I never was placed in such a situation in the whole course of my practice before, with so many Gentlemen on the other side; howI don't shrink from it.

ever,

One of the Jury. My Lord, we are extremely willing to allow Mr. Erskine another hour, if your Lordship thinks proper.

Lord Chief Justice Eyre. As the Jury ask it for you, I will not refuse you.

It now being half past one o'clock, on Saturday morning, the Court adjourned to twelve o'clock of the same day.

The Court having adjourned to twelve o'clock instead of nine, as above mentioned, and two hours being spent in finishing the evidence for the Crown, Mr. Erskine came into Court, and addressed the Jury as follows: