A little before eleven o’clock. Lord Denman, in the absence of the Lord
Chancellor, on account of indisposition, entered the House of Lords in
his robes, preceded by the Sergeant with the mace, Black Rod carrying
the Lord High Steward’s staff, and Garter with the sceptre, and took his
seat on the woolsack as Lord Speaker. After prayers the roll of peers
was called over, beginning with the junior Baron; after which, the Clerk
of the Crown in Chancery delivered the commission to the Lord Speaker,
who gave it the Deputy Clerk of the Crown in the Queen’s Bench to read;
which he did, the peers standing. The commission authorised their
lordships to proceed with the trial of James Thomas Earl of Cardigan, on
an indictment found against him for felony, which had been removed
before them by certiorari, and appointed Lord Denman Lord High Steward.
After the writ of certiorari and the record of the indictment had been
read, proclamation was made for the Yeoman Usher to bring the Earl of
Cardigan to the bar. On approaching it, he made three reverences, and
knelt till directed by the Lord High Steward to rise. He then made three
reverences, one to the Lord High Steward, and one to the peers on each
side: after which, he was conducted to the stool provided for him within
the bar, near to his counsel. The Lord High Steward informed him, that
he was charged with the offence of firing with a loaded pistol at Harvey
Garnett Phipps Tuckett, with intent to murder him; in a second count
with firing with intent to maim and disable him; and in a third count
with firing with intent to do him some grievous bodily harm. Being then
arraigned by the Deputy Clerk of the Crown, and asked whether he was
guilty of the said felony, and how he would be tried, the Earl answered,
“By my Peers.” The Attorney-General and Mr. Waddington appeared as
counsel for the prosecution; and Sir William Follett, Mr. sergeant
Wrangham, and Mr. Adolphus, for the Earl of Cardigan. Mr. Waddington
having opened the indictment.