Part 97

The commission appointing Lord Denman as lord high steward was then read, and garter and black rod having made their reverences, proceeded to the woolsack and took their places on the right of the lord high steward, and both holding the staff, presented it on their knees to his grace.

His grace rose, and having made reverence to the throne, took his seat in the chair of state provided for him on the uppermost step but one of the throne. Proclamation was then made for silence; when the queen's writ of _certiorari_ to remove the indictment, with the return thereof, and the record of the indictment, were read by the clerk of the crown in the Queen's Bench. The lord high steward then directed the sergeant-at-arms to make proclamation for the yeoman usher to bring the prisoner to the bar.

The Earl of Cardigan immediately entered the house, and advanced to the bar, accompanied by the yeoman usher. He made three reverences, one to his grace the lord high steward, and one to the peers on either side, who returned the salute. The ceremony of kneeling was dispensed with. The noble earl, who was dressed in plain clothes, was then conducted within the bar, where he remained standing while the lord high steward acquainted him with the nature of the charge against him.

The prisoner was arraigned in the usual form, for firing at Harvey Garnet Phipps Tuckett, on the 12th of September, with intent to kill and murder him. The second count charged him with firing at the said Harvey Garnet Phipps Tuckett with intent to maim and disable him; and the third count varied the charge--with intent to do him some grievous bodily harm.

The clerk then asked, "How say you, James Thomas Earl of Cardigan, are you guilty or not?"

The Earl of Cardigan, in a firm voice, replied, "Not guilty, my lords."

The clerk--"How will you be tried, my lord?"

The Earl of Cardigan--"By my peers."

The noble prisoner then took his seat on a stool within the bar, and his grace the lord high steward removed to the table, preceded by garter, black rod, and the purse-bearer, as before, and his grace being seated, black rod took his seat on a stool at a corner of the table, on his grace's right hand, holding the staff, garter on a stool on black rod's right, and the sergeant at the lower end of the table on the same side.

Mr. Waddington opened the pleadings, stating the nature of the offence as set out in the indictment, and added that the noble prisoner had, for his trial, put himself upon their lordships, his peers.