Mr. Norton moved that the verdict should be set aside, and a new Jury impannelled, to try the facts, on the ground that the evidence given at the inquest did not warrant the finding, and that the inquisition was also informal.

The deceased was a man of considerable property, and the verdict (if suffered to remain as found by the Jury) would cause the forfeiture of his estate and effects to the crown.

The Chief Justice observed there was no doubt the Court had authority to set aside the finding of the inquest, on sufficient cause being shewn, but he was not prepared to say at the moment the course that should afterwards be adopted.  Without giving any decided opinion, he thought from the affidavits read by Mr. Norton, and from the facts elicited at the inquest, that, so far from the deceased being in such a state of mind, as to make him a felon - he was insane.  The Court would however order the remains to be decently interred, and pronounce its opinion the following morning.

Tuesday Morning. - Judges Stephen and Dowling took their seats in banco, the temporary indisposition of the Chief Justice prevented his attendance in Court.

Mr. Justice Dowling delivered the decision of the Court in the matter of John Hill Blanchard.  They had found from ancient authority that the Court had power to quash the proceedings of an inquest, for want of form, and to issue an order to the Coroner for the holding a new inquest as reported in 7 Strange, 167.

The Court in the present case therefore quashed the proceedings for want of form, and directed the Coroner by name to hold a fresh inquest on the deceased, and return into the Court such inquisiton as he should find.

Source: Proceedings of the Supreme Court of New South Wales, Vol. 70, Archives Office of New South Wales, 2/3253

[p. 98] In this case the coroner for Parramatta held an inquest upon the body of Blanchard, & the Jury found the dead man felo dese.  The body was ordered to be buried.  The Coroner had transmitted the proceedings of the inquest to the Attorney General, who caused same to be put on the files of the Court.

Norton for the personal representatives of the deceased now moved to have the Inquest quashed & on two grounds.  1st. For that the depositions returned did not warrant the finding of the jury, and praying an order that the Coroner should disinter the body [p. 99] & hold a new Inquest.

The Court looked into the authorities, to see whether they had authority to make such an order, & finding that they might do so,

Forbes CJ. Stephen J & Dowling J. ordered accordingly, ordered.

That the Inquisition returned to be quashed for defect of form & substance & that J. H. (the Coroner) to forth with cause the boy to be disinterred, & hold a new inquest thereon, & return the same into this Court.

See Barelay's Case 2 Sid. Salk. 3. 7. 7.

Stra. 167. Ru. Saunders Ld. 533.

2. Stra. 911. 1242. 2 Hawk. P. C. 5.5.6

p. 89. 2 Rol. 32. Salk. 190. 2 Hale

P.l. 59. 69. 1 Ld. 415. 2 Anderson 204.

Stra. 69. Hawk P.l. lil. 1.c.9.s.14.