burrow king versus marthan grey trial put off upon account of a libel publish  to influence the jury the defendant stand indict of a nuisance in stop up a  foot way lead through richmondpark the present question be only whether the  trial for which a notice have be regular give by the prosecutor burrow to try  it at the next SurreyAssizes shall be put off or not the cause allege for put  it off by the counsel for the defendant who profess themselves to be counsel  in this particular case for the crown be that there have be a libel publish  relative to the question in issue with intention to influence the public and  the jury who shall try the cause the fact be that when the cause come on to be  try at the last summer assize before Lord Mansfield this libel just then  publish and distribute be produce in court and complain of in court as  calculate to instruct the witness and influence the jury two of the principal  prosecutor then in court be by affidavit charge with have procure the say  libel to be write publish and distribute it purport in the titlepage to be  print for and publish by shepherd the brother of a principal prosecutor and a  affidavit be read prove he the publisher and that the copy produce be buy from  he in his shop and that he say great number have be send to the SurryAssizes  the next day one of the say prosecutor only make a affidavit to deny the  charge but in such a manner that it rather fix it as much as the silence f the  other do the counsel for the prosecution as it do not appear to what witness  or juror the pamphlet have be convey apprehend that such practice be not only  a contempt of the court and high misdemeanour but may invalidate any verdict  obtain before a proper inquiry can be make into the matter desire that the  trial may be postpone which be consent to by the counsel for the defendant and  a order be accord make upon the motion of one side consent to by the order  Infomations be afterward move for and grant against some of the person concern  in print and publish the say pamphlet and be ready for trial at the sit after  this term in Middlesex and London burrow Mr attorneygeneral and the other  counsel for the crown move a few day ago to put off the intend trial of the  indictment against the defendant grey till after the trial of this information  which have be file against the publisher of this libel or at least to the next  follow assize to these now approach LentAssizes to the end that the publisher  of this libel may be try in the interim and receive judgement if convict which  they say will take off the improper influence which the publication of it have  occasion which motion be strong oppose by the counsel for the prosecution the  court take time till this day to advice and now Lord Mansfield deliver his own  and Mr just denisons and Mr just burrow er p Wilmot opinion for he say he do  not know Mr just foster who have just send he a letter to inform he that he  can not be here today which opinion be in short though he give it very much at  large that the trial of these information for publish the libel be not so  connect with the merit of the question to be try upon the indictment which be  a mere question of civil right though in the form of a criminal prosecution as  that the trial of the civil right ought to be stay till the determination of  the information against these publisher of the libel at the assize the counsel  for the prosecution desire the trial may be put off which be consent to on the  part of the defendant if they have not I shall have adjourn it myself but  there be not the same reason now for at that time it appear that one if not  two of the principal prosecutor attend the assize have be industrious in  disperse and send it about to the witness and jury for very unjustifiable  purpose but now one of the principal prosecutor chief concern in it be dead  and be so even before the motion for the information the other t be not now  under the charge of be concern whatever suspicion may remain upon he and the  only person fix upon by the affidavit now actual under the charge be mere  pamphletsellers and publisher of who they be buy and he can not be say upon  the best consideration that he can give it at all discover or conceive how the  conviction or acquittal of they of the mere fact of publication of this libel  can any way affect the merit of the question concern the civil right or how  the trial of the point upon the civil right can be at all alter by be bring on  before or after the event of the criminal trial for publish the libel burrow  indeed if that have be the case as suppose there have be a information against  the principal prosecutor of this indictment for the nuisance for instruct and  suborn witness or for undue endeavour to influence juror that may have be a  reason for neglect the cause till these charge relative to the conduct of the  party be try but that be not this case and whether the defendant to the  information be or be not guilty of publish this libel can no burrow way effect  the merit of the cause or can any how be give in evidence therefore the rule  must be discharge