HC Deb 24 April 1806 vol 6 c903
Mr. Serjeant Best

rose and addressed the house as follows: —Some time since sir, I obtained leave to bring in a bill to prevent the publication of ex-parte evidence against persons accused of felonies and other crimes previous to trial. It appeared to me, at the time, to be a necessary measure; and I must confess, that I am of the same opinion still. That opinion, sir, has since been confirmed by what happened about six years ago, at a trial for murder, before Mr. Justice Grose, at the Old Bailey. From the evidence, the learned judge was induced to direct the jury to acquit the prisoner. They, however, staid out many hours; and on their return, the foreman informed his lordship that the reason of their delay was, that many of the jury were unable to separate in their minds the evidence, from what they before had read or heard of the circumstances relating to the transaction. This communication was made to me by Mr. Justice those himself; and I think is sufficient to justify me for having made the motion. But, sir, as a great number of persons of high station and character, and for whose judgment upon all subjects, I have the greatest respect, seem to think, that this measure might, in some degree, trench upon the liberty of the press, and as no man holds that sacred principle in higher estimation and value than I do, I should be the last to do any thing which might be thought to have a tendency to bring it into danger; and, with those impressions, I wish now to give notice, that it is not my intention to press the measure any farther.

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