Barnardiston king b pile and grant how far the court will not bail a person in  a appeal for murder this be a appeal of murder the defendant have have  judgement of death pronounce against he upon a former indictment but receive  the king pardon Mr reeves upon a former motion allow that his majesty pardon  will not be a sufficient foundation for the court to bail the defendant  because act of mercy of this sort be many time show though the fact be  palpable clear but yet in the present case he hope he shall be able to show  that the evidence upon which the prisoner be convict be to the dissatisfaction  of the judge who try he and that therefore will be a good foundation for the  court to exercise this discretionary power and accord he move that one of the  judge will be please to speak with baron Commins who try the prisoner to  report what the evidence be the court allow that he shall and accord judge  probin now state the evidence special as it be and say that baron Commins  conclude upon the whole that it be such as he think the jury will have acquit  the prisoner upon but yet when the jury have bring he in guilty he pronounce  sentence of death against he and order he to be execute within a month however  that he think he may be bail but judge probin say that he ask the baron  whether upon the whole he be satisfy or dissatisfy with the verdict and he can  get no far answer from he than in the manner he have mention Mr reeves upon  this without any thing far pray that the defendant may be bail Mr fortescue on  the other side say that he believe there be no instance to be give where the  court have bail a defendant in a suit of this nature unless he have be acquit  upon a indictment before or else delay or malice can be show in the proceed  upon the appeal he say the present method of apply for a judge report be very  new therefore he hope upon that account as well as because it be at least  doubtful whether the defendant be not guilty of murder that the defendant  shall not be admit to bail Mr reeves say that he shall make no observation  upon the report but leave it whole to the judgement of the court he say he  will take it as Mr fortescue himself have allow it that the case be doubtful  but he submit it that that will be a reason for the court to bail in the  present case he observe if the case have be that the fact be state so upon the  appeal as that it be doubtful whether it be a murder in the defendant or not  and upon demurrer the court think proper to consider of it a little that he  submit it will be a reason to bail and the present case and that he say be  much the same but beside he take notice that the writ of appeal be returnable  the first day in term the return do not come in till the middle of it all this  while the appellant never call for a return so that he say there be a plain  delay in the suit but the court say that the present method be entire new of  apply for a judge report in case of this nam Barnardiston king b ture and  therefore they think it ought to be use with a great deal of caution and in no  case to be allow but where the judge report the verdict to have be contrary to  evidence or at least that he be not satisfy Barnardiston king b er p with the  verdict now they say he have not report this and his order the prisoner for  execution be a fact manifest show that he think the verdict right the chief  justice say for his own part that the circumstance of the evidence state upon  the report will have induce he to have certify that he be not satisfy with the  verdict but as the judge will not affirm so much the court say they do not  think there be enough report to bail the prisoner and as to the demurrer the  court say they shall not have think that sufficient unless the court have be  of opinion for the defendant and the appellant pray a day then to the last  matter they say the defendant may have come in voluntary the day of the return  of the appeal and demand the plaintiff so the appellant may have come at the  day and arraign the defendant in either of which case the court will pronounce  judgement if the other side do not appear but in the present case the  defendant do not appear no more than the plaintiff and therefore he can not  take advantage of this matter accord the court refuse to bail the defendant  salk