This proceeding is wholly _ex parte_. As the informal statement of the
crime brought the supposed criminal to answer before the inferior
tribunal, so does the formal accusation call upon him to answer before
the superior court. The preliminary proceedings being now complete,
and every step having been taken which is necessary to put the accused
upon his trial, the _ex parte_ character of the proceedings is at an
end. The time approaches when the accused must again be brought face
to face with his accusers; and when, if he has been admitted to bail,
his sureties must deliver him up to the proper authorities, or their
bond is forfeited; in which case, a bench warrant for the apprehension
of the delinquent may issue; and if he cannot still be found, he may
be pursued to outlawry. It may be here mentioned, that the
proceedings may be, at any period, removed from any inferior court
into the Queen's Bench, by what is called a writ of _certiorari_. When
the offender appears voluntarily to an indictment, or was before in
custody, or is brought in upon criminal process to answer it in the
proper court, he is to be immediately arraigned. The arraignment is
simply the calling upon the accused, at the bar of the court, to
answer the matter charged upon him in the indictment, the substantial
parts, at least, of which are then read over to him. This is
indispensable, in order that he may fully understand the charge. So
voluminous are the counts of the indictment recently found against Mr
O'Connell and others, that the reading of the charges they contained
was the work of many hours. The accused is not always compelled
immediately to answer the indictment; for if he appear in term-time to
an indictment for a misdemeanour in the Queen's Bench, it is
sufficient if he plead or demur within four days; the court has a
discretionary power to enlarge the time; but if he neither pleads nor
demurs within the time prescribed, judgment may be entered against him
as for want of a plea. It he appear to such an indictment, having been
committed or held to bail within twenty days before the assizes or
sessions at which he is called upon to answer, he has the option of
_traversing_, as it is termed, or of postponing his trial to the next
assizes or sessions. He is also always entitled, before the trial, on
payment of a trifling charge, to have copies of the examinations of
the witnesses on whose evidence he was committed or held to bail; and
at the trial he has a right to inspect the originals gratuitously. In
prosecutions for misdemeanours at the suit of the Attorney-General, a
copy of indictment must be delivered, free of expense, if demanded by
the accused. These seem to be all the privileges except that of
challenge, which we shall explain hereafter, which the accused
possesses, or to which the law gives him an absolute indefeasible
claim as a matter of right. The _practice_ of different courts may
possibly vary in some degree on points such as those which have been
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