On this page
-
Text (6)
-
TOTHE WORKING CLASSES of fal efaoods Oct...
-
TOTHE WORKING CLASSES. «ffordsare things...
-
FORTHCOMING MEETINGS. CHARTIST. DawfiBTj...
-
LAND. Bibmingham —The members of the Lan...
-
THE IRISH TRIALS FOR HIGH TREASON. The s...
-
having recited the provisions of the 3 &...
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
-
-
Transcript
-
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.
Tothe Working Classes Of Fal Efaoods Oct...
October- 7 , 184&— - - _.- . _^ _w _« THE NORTHERN STAR . 5 ¦ " ' ==== _^ ' _= _'SS _* _SS _>^ _= ; _^! _^— — . ¦¦ mi ¦ _n _.
Tothe Working Classes. «Ffordsare Things...
TOTHE WORKING CLASSES . « ffordsare things , and a small drop ef ink j _* , Hi 8 g—Bl » dtw—upon a thought , prod-ices That which _, maket thousands , periapt millions _*&*• ' . _Bw » . TH THE WORKTIVfi . r . T . _AKSVo
THE 'POWELL PLOT . ' _B _sfftZt * _PttWIMUa _* _, The earttio his jtat fallen npon another act of that iaJ 0 _ _^_ ith _oanmauctd with tbe incarceration of _Ebj-ct JoaMand hiafeHowmnfeeri , for the' crime ef « open and advised' denimcuifien of tie oppression _-gBj-juttedbyttanch upon the poor . Amnahinore te rrible doom hai been awarded the _vietimi _j-jst 'dis posed et' Imprisonment for two yean nnder the existing gs _^ _regulatwag , is a severe _piinishment , , jnonnting , in fact , to a deprivation of life for that term . Cmisider _& eiMn 6 onofa---JUiofactr ( e bodily hshits . restless and nn tiring intellect , eager of speech , and *» _sseisnigardentafiectionafor homeand friends , .. think of such a man condemned to solitary confine .
sent , orthehorrore of' the silent system , ' denied the pririle _^ ciwri _^* rateiiaL-, _Mdre-rtrictedtomere ' y _if * _% hisfsm 3 yfi » _Aayan _^ roricein _^ r « ni < w // * {* . This man . cut off from the life of the world and the £ _* _e-tjde af " teotious of his own home , is in reality deprived of two years of his existence , with the additional punishment ef being too folly conscious every hour of each day , and every minute ot eaoh hour , of the lingering living death to which 'the law * has doomed him . Such is exactly the _poiition of _Erssst Joins and many others . Thar pam & ument , too , will not cease with their imprisonment . At the close of each victim ' s term of incarceration he is to be gagged for a number of years , to ensure bis 'loyalty' and ' obedience to the laws . ' A patent mode of making men loyal and contented !
Bat how mnch more terrible is the doom ofthe nn * fortunate men whose long premeditated sacrifice was _con-on-rnated on Saturday last ! The weary days and nights of two years' imprisonmenfc . _wUl cone to an end , bnt poor _Cbmay and his fellow victims are doomed to know no end to their _scfferings trat the grave . The sentence ef TRANSPORTATION FOR LIFE is a sentence of life-long slavery and misery , with no alleviation of hope to sustain the sufferers .. I may be asked , is my pity lavished only open _Ccmt and bis fellow 'conspirators '—have I -roe for those who wae to be the victims of that' cob-Wiracjr * had the * plof sueoeeded—that is the police , ihe soldiery , the government , 4 c ? Ianswer , no such victims were possible . It is trne the Attorney Ge serai has said : <— ' Were not eleven men fonnd at the
Orange Tree armed with knives and with _combustible halls in their _possesion ? ' « Were not thirteen men also found atthe Angel with pikes , pistoL * _. & o ?' Eleven and thirteen make just twenty-four men , who _•* - * eginmng with Seven Dial—were to take London by storm ! This is too ridicnlons to reply to ; it eames with it its own answer . The twenty-four sen were to 'levy war * against the police , the soldiers , and the holy army of' specials '—ths mnch _taanted' _mOM- _^ eeials ! ' « Thinkefthat , Muter Brook !* Tis plan of campaign had been prepared by EOTemment agents , and the hour of ' _ristng * filed by government spies . Even a child would see _tmim-ha'Ievjingofwaj- ' _isalloojJL The ' _caMpi-acy * was niannfactored by government spies , and from the very outset thaordy victims designed _wete the poor Mows who have jnst been
Hnteneed to TRANSPORTATION FOR LIFE . and varioas terms of imprisonment . The chief JrxDis was active from the very commencement of the secret meetings ; busy day by day , and night by night , in stimulating and dragging his victims to their doom . Other Sends in human shape lent their aid , and every false and hellish device was employed _bytheseself _corueisedsiiscreanb , to seduce , ensnare and guide their victims to destruction . No man's life or property was perilled _bythaprocjediBga of _Cutjat and his friends , nor was the peace of the osfeopolis menaced for a single moment . The socalled ' conspirators' weremerepnppets in the hands of the government agents . The plot * might bave
beea nipped in the bad three months ago , and woald have been , had the government really believed there was any reason to apprehend danger to the peace , property , or lives of tie _pnblie ; bnt nothing of tbe kind was imagined , the sole intention of the real concenters of the * plof was to plot away the personal liberty ofthe honest-hearted bat thoughtless men whom thev designed to vierimise . The attempt : made by Powxll to entrap the honourable member for Nottingham , shows that the real conspirators aimed at the destruction of men mnch more obnoxious to the government than _Ctjftat and his friends . Unfortunately for the Whigs , the ' Chartist leaders ' were not to be cajoled by the blandishments , nor
awed by the areata of Powxll and hia accomplices In spite of persecution and black-hearted treachery , there will not be wanting men to face the vile Whigs npon the hustings , and bring them to aeeoantwhen the day of reckoning arrives . Although the Whigs were believed to be base enough for almost anything , it was hardly anticipated that the Attorney General wonld _onbltuhingly defend the employment of spies , and still less that such horrible immorality wonld have found countenance on the judicial faenchi On the trial of Dowuxe , the Attorney General said : — 'He hoped it would be a lesson to persons who conspired together . that they could not do it without having baiters among them to expose their designs ; and it was a wise dispensation of Providence that this should be the cote . ' This will remind the reader of
WobdswoBn ** s ' pretty pedigree for murder : *—¦• Carnage is God ' s daughter . ' If there is any reality in the offence called * blasphemy , ' it is too bad that tbe Attorney General should escape its penalties . Imagine 'Providence * inspiring a set of wretches to earn each his ' thirty pieces of silver' by seducing innocent , and entrapping imprudent men to their destruction . Imagine tins done , too , for the special benefit of Sir Johh Jems and Ms colleagues , who hope to escape that pubEe contempt their official imbecility bas se well earned by making a great show of ' vigour' in ' pnttag down' a bubble _plot blown by their own dirty tools and nnsernpnlous mercenaries ! 'Oh Liberty !' said Madame _Roxabs ' what crimes are committed in thy name . ' Change liberty'to 'Providence * and ' crimes'to 'blasphemies , * and we have words which too truly picture the mingled hypocrisy and audacity ofthe Whig Attorney General .
The head ofthe bar having claimed for Powxll the sanctity of divine patronage , Mr Justice Ehi « followed np the goed work by lauding the civic virtues of that model patriot , and claiming for bim the thanks of the honest part of the _community . The lodge said : Powill ' s own explanation waa that— - Sa did aot e & _tulnte this eonteietaey tot _theptupo _* of deceiving or entrapping any ono , and that he was actuated only byaloreof his country . If that were so , bs theught that instead of being called a traitor and a spy , the honest part of the community should rather express their thanks to him . The reports of the judge's address vary in words though tte same in substance . Does Mr Justice Ebxx really admire patriotism and love of country such as Pcwxll confessed to in the following admissions when nnder croes-examination
!—I did sot press myself forward . I was desirous to get Into their confidence gradually is order that I might be -tray them the more securely . Surne-f texd me to get some paper andpowder In order to make cartridge * , I expected they were to be used against the Queen ' s troops and the police , but yet I assisted bim to obtain them . I do not know whether this was patriotio or sot . I always indignantly repudiated the charge of being a « _SJ _« I Q « 1 n tt two mea about' firing' ths hows sad premises , and one of them agreed to do as I desired , bnt the other did aot appear willing . I thought I was _bsund to carry out the resolation of the committee , that each delegate should engage eome men for ths purpose Of firing houses , or else I should hare been suspected .
I know James Bennett , a _shoem * far . # * I believe I have said to bim that I had been making soma hiad . gten . adta that would go half way through an inch hoard . * * It was not true that I had been naking hand-grenades . I only said so for talking sake . * * I also told them how I made the grenades , that was a lie too . Hr Ballantine : ABd are you not called Lying Tom ?'—Hot to my face . Mr Ballantine : How were these grenades made , did yoa sayf—Witness : Tfhy , I- teld them that gunpowder must be put into an lak . bottla with an explosive cap , and I daresay I did say _tfcat it would be a capital thing to throw among the police if it had some naHs in it . I believe I did say to a man named Carter that I wanted four desperate men who would do any kind of work .
[ Mr Ballantine here handed a small iron instrument , wltb a spike in it , calculated to lame a herse if thrown oa therocdorpavuseat , aud he asked the witness if ha had ever seen such an one , and he admitted he had , and that he had made It . ] Here is another made on a similar plan , expecting this wonld be produced . These are tha only two I made . I made them to ascertain tbat tbey were making those things at Cartwright ' s . I threw it down on the ground and the table . I expected tbataome woald be produced at Cartwright ' e like this . Mr
Ballantine : Tou did it for a trap !—I did it to detect the parties . Baron Hatt : Bid you do it for a trap , to dig . cover tbe parties who were making them ?—I did so , my lord ; that is the solemn position I am placed in . ( A laugh . ) * I said at the same time tbat I had a large quantity at home . Mr _BaUaatine : Was tkat trne or false !—False . Mr Ballantine : Tou seem proud of it ?—I wish to speak tbe troth , and say whet I have done . Mr _Ballantme : And that was another falsehood I—It was . Mr Ballantine : Have you formed an idea of the number
Tothe Working Classes. «Ffordsare Things...
of fal- efaoods yea nave toll in tke coarse of these pre ] e _«« aaga _t—Idrnsaylna-retoU-Kvsral . These are bnt a few of tf » « _gennV that abound in the confessions of the patriot _Powsll , who . Mr Joefa » Ems » J _^ _dese * _TOti » _^ riDirfthe honestpart _oftiwcommunity ! H * OT * _xJr _- _Aiso » gaye eTidenceon oath that PowiLi > had advised him to go armed to the _BMuungni _Coramon meeting . Bark what & _^* V f _&** _° _& aPoUeemm interfered « _^ _FZ _^ _Sln _^ _-F _* ' " * *»¦• «* want a second _sUAJ _HadWAtsosacted _onPowxu ' _s fl ££ - _&!! _ff _^ _w _^ _knged , Md the Attorney Generaland the _Tnos would _havegloated over what they would have called' _AChartig t Murder . ' _Insnoh a case Mr Justice Ems would doubtless bave demanded a erne crowa for Powxel . That precious - - -
sample of English Jaw— 'ihe greater the tenth , the greater the libel , * is now outmatched by the new revelation ofjudicial wisdom— 'the greater the villain , the greater the patriot !' It appears thatench patriots abound at tha present time . The Attorney General in his reply to the counsel for the defence eaid , ' There were hundreds of mea—and it waa right that those who entered into illegal combinations should know it—there were hundreds of men who would give information in the same way as Diva had done . ' If this statement is not a horrible falsehood , if it is indeed trne that tbere are hundreds of spies prowling about , or if it be trne that there tre even _hondreds of wretches whom the Attorney General can calculate npon as ready to betray their fellow men ( query—with Junta ' s or L & - ic & btbk ' _s 'kiss of life 'f ) , what a state of society dees such a fact—if fact it be—reveal !
We've neither safety , unity , nor peaoe , Per the foundation ' s lost bf common good . ' And what an unprincipled , disreputable , rotten system mnst that be which props itself with such vile _instrnmenta ! Here I may remark , that if _Powmiz , _Datib , snd Co ., are Ench good patriots , it is passing atrange that out of the Old Bailey no one will do homage to their _patriotism . On the contra-y we find these' patriots ' confessing they have to be guarded by the police , and kept out ot the way to protect their lives . Davis owns that on the mere suspicion of being a spy he had lost his trade , the people of Greenwich refusing to do bn & iness with him . Farther proof is not necet > sary to show that—happily for the honour of the English name—there is no likelihood of the people
acknowledging the ' patriotism' of a Pcwxll , " ever though vouched for by a judge . Mr Baron Plait when about to pass sentence on the convicted prisoners , reproached them that they had ' chosen to call that which the csnstitution of the country had branded as felony , patriotism . ' The prisoners might have retorted , that that judge's' learned brother * had chosen to call that wbich the common sense and right feeling of all men , in all ages , had branded as villany , patriotism ; an error—to nse the mildest term of censure—much more worthy of indignant reprobation . Of course I have not space at command to allow of the reproduction of all the damning features ef thiB memorable trial , bnt after tbe confessions of Powell it Is only fair tt at I shonld give a specimen cf the candid avowals of Davis , who said : —
' I was not a Chartist , but merely joined them for the purpose ef obtaining information . I wished to ingratiate myself wiih these people oa purpose that I might betray them . I was not employed as a spy by any one , bat I created myself a spy . ' This ' respectable shopkeeker' confessed that he secreted himself in a room adjoining to that in whioh certain * Confederates' were meeting , and that the conversation be overheard he reported to the superintendent of the Greenwich police . When a proposition was made to dissolve the Greenwich association _, ha opposed it , and by abusing the supporters of that proposition as ' cowards' strove to pin his _vic'ims to illegal courses . Worthy patriot 1 ' Worthy , ' as Mr Justice Eeli would say— ' worthy
of the thanks of the honest part of the community !' The characters of these worthy patriots , as described by those whe have known them too well , reflect credit on the taste of their patrons . Powell stands out from the common herd , a man of mark , ' a bright , particular star / " He has been ' a sort of sporting man , ' everybody knows what that means . He adds with artless candour : ' I know what the ' thimblerig' means'' Sis witnesses who have known Mister Powxu _. for three , seven , ten , fifteen years , & o ., swear tbat they would not believe hira on his oath ; no , net even were he on his death bed 1 For their reasons I must refer the reader to their
. evidence as given in the report . It wonld appear that in bygone days the ' Welsh Novice' ( very like a novfor U was somewhat hetercdox bom in hia politics and his theology . Witnesses swear that he has been in the habit of abasing both the _Virgis Mart and Queen Victoria in terms so impious , _dis grating , and i ffensive , that the reporters , who are in tbe habit of dishing np the abominations revealed at the polioe offices for the mental repast of maids , wives , and widows—even these ' aot rery nice gentlemen shrank from recording the frightful expressions imputed to Powxll by a host of witnesses . Some men adopt curious methods of attaining notoriety ; for instance , _Mabxth , who set fire to York Minster , desired to emulate
* The fool who fired the Epbesian dame . ' Powxu . takes Judas for bis model , not without a hope ef being ableto outstrip that worthy . Richard Pssbsll giving evidencceays , 'He would not believe Powxu . on hia oath , because he had heard bim say , So help him God , ' that he would swear anything if he got paid for it . * * He called the disciples the greatest scoundrels he had ever heard of , and said that * Jtjdis was the best fellow of the let . Be got paid for bis work ; but be ( Powxu ) would have done it for half the money !' Te think that England should owe its safety to such a Cubitus ! Fer had it not been that Powell jumped into the Chartist gulf for the purpose of fishing up its terrible secrete , preparatory to bis jump into that lower deep , the fculf of infamy , 'this unfortunate metropolis *— ' th s unhappy city , ' as Mr Baron Plait says , might have been turned upside down ! The Boman-like devotion of Powxll cannot be toe highly commended !
The other' Queen ' s Evidence' do no discredit to their leader . One of them confessed to having been a convicted thief , although in the exercise of his prigging propensities his acquisitive genius does not appear to have as yet soared above a quartern loaf , and a pewter pot . No doubt he will yet reach higher grades in his profession . Indeed , I shonld be very _aortj to witness the abolition of capital punishments until these gentlemen have previously been elevated tothe full height that , doubtless , their merits will yet entitle them to .
A remarkable cirewnstance shonld not be lost Bight of—the regard for ' moral force' avowed by tha Crown witnesses . It maybe anticipated that the slimy breed of sham Radicals who call themselves ' moral-force men , ' will _se'zsnnon this trial to attempt to excite odium against the men whom they are pleased to denounce as * phjsical . force Chartists , ' by representing the objects of their hatred as responsible for the fate of _Cuttat and the other victims . Now let this not be forgotten , that while Davis re presents himself as no Chartist at all , _BABBsnaays he joined tbe Emmett Brigade as ' a sincere moral-force ! Chartist' He now came forward to give evidence 'for the good of society . ' _Todx-c who will' not be ashamed to take anything the government may give him , ' says 'He joined the Chartists as a moral-force man , * * He was always determined to betray the physicalforce movement . ' Lastly , Powxll is toe ' moral ' man , for example *—
Fowexx . —There sxa strange _characters that go to _Csrtmighi's , who would astonish any moral man . Mr Ballabiihe . — Tou are a moral nun , are you not ! Powell —I am . These ' m 6 ral' and ' moral-force' men remind me of the celebrated Doctor Errs , who ia reported to have lately delivered a speech at the National Hall , in which , applying his words to ' insurgent mobs , ' he said : ' Had I the command of an army , I woald sweep the streets with cannon as coolly as I wonld cut down encumbers in my garden . ' Brutus was an honourable man , and Powxll is a mora * man . Dr Errs is the champion of 'moral force , ' and so is TiLDEa !
Thecosdnctof Cvffat throughout hia trial was that of d man . A somewhat singular appearance , _cettain eccentricities of manner , and a habit of unregulated speech , afforded an opportunity to the ' _suckmug * reporters , unprincipled editors , and buffoons of the press to make him the subject of their ridicule . The 'fast men' ot the press—the frequenters of' Coger's Hall , ' the ' Coal-bole , ' and the * Cider-cellars , ' did their best to smother their victim beneath the weight of their heavy wit , and the filth of their dirty diatribes . They succeeded in driving hia into the meshes spread by Powell . Yes , in a great measure , Cuffay . owes his destruction to the Press-gang . Bnt his manly and admirable conduct on his trial afforded his enemies no opportunity
either to Boeer at or abuse bim . His demand for a fair trial by his peers , ' according to the principles of Magna Charta , ' and bis protest irom first to last against the mockery of being tried by a jury anima ted by class-resentments and party-hatred , showed him to be a much better respecter of' the constitution' than either the Attorney General or the Judges on the bench . _Cuffat's last words should be treasured np by the people I'lask no pity—lath no mercy . Ipity the government and the Attorney General for convicting me by means of such base characters . * * * Every good aot was set aside in Parliament—every thing that was likely to do any good to the working olasses was either thrown out or set aside , but a measure to restrain their liberties coold be passed in a few hoars . '
In passing the cruel and vindictive sentence of TRANSPORTATION FOR LIFE on men possessing—as the Jadge acknowledged—feelings of manly energy and independence , Mr Baron Plait went ont of his way to say to them : ' What right had yon to Bet up yonr understanding againBt the
Tothe Working Classes. «Ffordsare Things...
experience ot mankina , and the test-it of ancient wisdom ? ' This offensive interpellation was easily put to men who were not permitted to reply . The only reply I shall deign to offer , is to aik « h is lordsnip whether he considers such language befits the dignity and impartiality whieh should be his attribates as a Judge ? _Th e _/ _impurtaauV . of our Jndges is all on one side , witness the offensive remarks permitted to be addressed by the Attorney General to Mr Kinxjlxt and tbe manner in whieh this last named gentleman was pnt down by 'the Court' whenever he attempted to give the government functionary ' a Rowland for his Oliver . ' Again , MrPABBT proposed to ask a witness , ' whether the crass-leaders of the National Charter Association were not appointed npon tbe same principle aB in the Wesleyan Conne _* don ?'
Mr Baron _Platt said he was of opinion such a question could not legally be asked . It had iKlhing to do Kith the matter . Immediately following this 'opinion' the Attorney General delivered a fierce tirade against the National Charter Association , whioh he described as an illegal confederacy . A Bhort time before Mr Pabbt attempted to pnt the question above stated , ' the Court' permitted the following : — Dahtxl Bubn , witness fer the defence , under . eross * examination : — I know nothing about dass . leaders , but I bave heard there are rach persons connected with tbe Chartists . I belong to tbe Land Company also . The Atzoxhit Qzikbat , . —Wbr o do you _expsct to get yoor share of the land ? Witbbss . — . Oh , I ao quite satisfied with tbe Land Scheme . It has been much misrepresented by the pres _* _.
This most irrelevant question—tbis slap at the Land Company—this back-banded blow at Mr _O'Cohnob , was not checked by 'the Court , ' though it would have pealed Mr Baron Platt to have shown what the Land Company had 'to do with the matter ' under investigation . On Monday last , _Josies Ritchib , another of Powell's victims , who . by pleading * Guilty , ' saved the Attorney General the trouble of prosecuting , was sentenced to TRANSPORTATION FOR LIFE . Several of the accused were discharged on their own recognisances , and the remainder sentenced to imprisonment . The men discharged were ao knowledge ;! by the Attorney General to be innocent , yet to the disgrace of the system the law awards these men no compensation for the six weeks
imprisonment they have unjustly suffered , to say nothing of loss of employment , and the misery and anxiety of their families . Amongst the prisoners sentenced to the _reverest term of imprisonment , because found with arms in their possession , was Hugh Cosway , who was armed (?) with _apiAe head . Now note how _Cobwat became possessed of this pike head . Charles Baldwissoi _* , one of the * approvers " who gave information te the police ' about three o ' clock in the afternoon ot the I 6 th of August , ' said , when under cross-examination , 'He was taken into custody with the others , and had a loaded pistol in hia pocket at the time . He had a pike head a short ( riffle _bafore , bnt ha gave it to Conway to take cara of , and it was fonnd upon him when he was taken . '
In fact , _Baldwikson gave the pike head to Cos wat that it might be found en the person of his victim when arrested . Is not the sentenoe passed upon tbis man immeasurably and grossly unjust ? Of course Baldwissoh is ' an honourable man , ' and , like Powxll , deserves the thanks of the honest part of the " commnnity ! 1 mnst here direct the attention of the reader to the extraordinary denunciation ot a witness for the defence , by Mr Baron Platt , who insinuated that Chablxs Goodfellow , the tailor , whom Powbu tried to entrap , under pretence of meeting him at the Orange Tree on the evening of the 16 th of August to measure him ( Pewsix ) for a coat , was
really ' one of the gnilty parties . ' Supposing even that Mr Baron Plait may hare evidenoe ef which the publio are ignorant , and on whioh he grounds his doubts as to _Goodfxxlow ' s innocence , still such a display is moBt unseemly on the part of a jadge who might be required to try the person singled out for thiB denunciation . Imagine that the government arrested Godd ? kllow , and that he was put ob his trial before Mr Baron Platt ,- could the accused man , or the pnblio at large , bave faith in a 'fair trial f' If the laws ara to be respected and obeyed _. Judges cannot be too jealous of maintaining unsullied their character for impartiality .
I will net trust myself to comment on the speeoh addressed by Mr Baron Platt to Mr Johs Shaw , who , convicted of ' sedition , ' has been sentenced to two years' imprisonment , to pay a fine of £ 50 to the Queen , and to find security himself in £ 100 , and two sureties in £ 50 each , to keep ( he peace for five years . When Johh Shaw ' s Bpeech is contrasted with the violent orations delivered by Sir Johh Jxbvts's faction when out of office , and the incitements to assassination , insurrection , and overthrow of ' the aristocracy' delivered by the _sponters of the League , . and when we see . the rewards achieved by Whigs and Free Traders in place and in parliament , and contrast with those rewards the punishment meted out to Johh Shaw in the dock , there needs no other answer ( though volumes of answers might be written ) te expose the fallacy of the Judge's declaration , that the law makes ' no
distinction between rich and poor . ' The very virtues of Johh Shaw are made the pretext for his punishment ; because being himself in comparatively comfortable circumstances , he strove to raisa his fellow creatures from the eloagh of misery ; because , himself _possessing political franchises , he laboured for the emancipation of the helots of his race , therefore , he has been condemned to a most cruel punishment . If , on the other hand , self-satisfied with his own position he had viewed with indifference the miseries of his fellow creatures , he would have been complimented as ' a good citizen . ' If he had taken a special ' s bludgeon in Mb hand to help the government to make the starving lie down and die , he would have been praised as * a loyal subject . ' If he had expressed an opinion that ' all tbe Chartists ought to be hang , ' he would hare passed for ' a highly respectable man . ' 0 times ! 0 manners !
A truer man than John Shaw never trod the streets of tbis metropolis . His time , his purse , his services , were ever at the command of bis politioal and personal friends . Shame en those friends if they allow his business to perish and his family to be beggared . John Shaw ' s antecedents demand for him something more than Up sympathy . And—if the people _aienotas despicable as their rulers—ihe families of Cuffay and the rest of Powmj / b vietitnB will be koked to . although undoubtedly Chartism baa been injured by this affair , nevertheless , let the Chartists _gucotur Ihe unfortunate . . Oat of the pale of poverty there is no allowance made for the errors of the poor , nor sympathy felt for their Bufferings . Let poor men have charity , pity , and aid for each other . This letter iB very lengthy , bnt the importance of the subject would justify a still lengthier commentary . In taking leave of Powell , Davis aud Co .,
' Their couatry ' a curse , their children ' s shame , ' it is a difficult matter to restrain one ' s pen ; bnt the creatures are not worth wasting words _upen , Denunciation cannot deepen the blackness of their guilt . They have attained the acme of infamy in this world , and can have no hope of redemption in another . Heaven cannot make them better , nor hell worse . ' " But what must be said of those who employed Powxll and his confederates in crime ? 'The Artful Dodger' who steals your pocket handerohief , or the ' Bill Sykes' who breaks into _yoni house or breaks open yonr skull , undoubtedly deserves the execration and punishment due to rofnanism ; yet both the thief and the house-breaker are respectable characters compared with the ' Fagin' wbo employs t hem . The parallel will suggest itself to the reader . The political _Faoims stand self-unmasked , 1 With all tbeir blushing honours thiok npon tbem . ' IMmi du Peuple . - Thursday , Oct . 5 th , 1848 .
Forthcoming Meetings. Chartist. Dawfibtj...
FORTHCOMING MEETINGS . CHARTIST . _DawfiBTjRT —A district delegate meeting will be held in the Chartist meeting room , on Sunday , October 8 tb , to enter into arrangements for the intended visit of Mr O'Connor , when delegates fiom each locality in the distriot are requested to attend , and bring the district levies with them . Chair to be taken at eight o ' clock , p . m . The following persons are duly authorised to receive subscriptions to defray the expenses of the demonstration on Mr O'Connor ' s visit—viz ., the secretaries ofthe Land and Charter Associations , and Druid ' s Arms ,
_Spinokwell , Dewsbury ; Benjamin Bromley , F . W . Chappell , Batley ; Frederiok William _Sucksmith , Birstal William Lacy , hair-dresser , Cleokeaten ; Abraham Schofield , E . Clegg , the secretary of the Charter Association , High Town ; and the district seoretary , Henry _Summerskilli cooper , Heckmondwike . Loughborough —A Chartist meeting will be held on Monday , the 9 tb , at eight o ' olook in the evening , at the Wheat Sheaf . Halifax —A district delegate meeting will be heldatNicholl ' s Temperance Hotel , Broad-street , on Snnday afternoon at two o ' olock . All localities in the distriot are expected to send a delegate .
NoirruoHAM . — - — The council representing the Chartist body of Nottingham and the Burronnding districts are particularly requested to meet at the Seven Stars , Barker gate , on Sunday next , Ootober 8 , at two o ' clock , f u ., on particular and important business . Each locality will be expeoted to send their representatives punotnal to time , without delay . Bibmikghah —The Chartists of the Ship Inn locality bave resolved npon keeping their townsman , John Fussell , from the degradation of oakum picking by paying the fine , and have forwarded £ 1 for tbat purpose . They also call upon the Chartists , generally , to follow their example , and not to trespass upon Mr O'Connor ' s unbounded generosity . At the
Forthcoming Meetings. Chartist. Dawfibtj...
same time thirty _Bhillings was given to the Viotim Oommittee , _NonraAMpioj- _.-A county delegate meeting will bs held on Monday next , October 9 th , at the house ot Mr John Corby , Nelson-street , near the Barracks , Northampton , at ten o ' clock ia the forenoon . ftr the purpose of adopting some effioient plan tor tbe tetter _organisation of tbe trades of the oounty m the National Association of United Trades , when delegates from the following places are exoected to attend : Daventry _. _Towcester _. LongBackby , Wellingborough , _Hiuhamferrers , RnBhden , and Rounds , the Flints of Northampton , and the Basket makers , are invited to send delegates .
Halifax —A West Riding delegate meetine will _beheld at _Nicholl'a Temperance Hotel , 16 , Broadstreet , on Sunday forenoon , the 15 th instant , at ten o ' olock . All partieB in arrears to the Riding , are requested to settle the same . Covjktht . —A tea party , concert and ball will take place on Friday , Ootober 13 h , at the Eelphant and _^ Castle , Hill Field ; the profits to go to the Victim Fund . Tickets may be had at the above place , or of any of the Chartist Council . Hull . —Meetings of the Chartists are held at the Temperance Hotel , Blanket-row , every Sunday evening * at seven o'clock . '
_«? . fp ABD Sl ! ' _™ _N--The members of the National Co-operative Benefit Society are requested toattend a meeting on Monday evening , Ootober 9 h , ? ? £ _f oloo _^ . " _^ _to _* * MM * Bank . _Bae-1 . ton . Fersona desirous of becoming members may apply at Mr Yates' , on Saturday and Monday evenings . _NswcASTLKuTOK-TiHR —Mr Jobn West will leoutein M Jude ' s long room , on Sunday , October-8 th , at half past six o ' clock . Halifax--Mr Shackleton will deliver a leoture in the Working Man ' s Hall , on Sunday , the 8 th inst . Doors open at six o'clock , lecture to commence at half-past . South Shields . — A _district delegate meetine will be held in the house of Mr W . Gilroy , Cross Keye , West Holborn , on Sunday , Ootober 8 'h , e t two o ' olock in the afternoon .
MrWxsrs Rohtb for thb Next Week . _—Swallwell , Ootober 8 th , at two o ' clock in the afternoon ; _Newcastle , Ootober 8 th , at half-past six in the evening ; Berry Edge , Ootober 9 th and 10 th ; Winlaton , October llth ; St Peter ' s Quay , October 12 th ; and Felling , October 13 th . Mr _Doj-ovas ' _s Rer / _ra fob next Wbbk . —Warrington , October , 9 th ; 5 t Helen , 10 th ; Liverpool , llth ; Bolton 12 tb ; Middleton _. nearManchester 13 _* b . The members of the Chartist councils in those loca lities are requested to attend to the getting up _meetings in the different places named above ,, The objec
of Mr Donovan's visit is to explain the conduct of different parties in connxtipn with the arrests in Manchester , and te make arrangements as to the best means of preparing for the defence of those men that are threatened with persecution ; _Manchester—Mr James Leach will deliver a lecture in the People ' s Institute , on Snnday , Oot 8 tb , on Cooperation Discussion invited . Chair to be takes at sis _o'clock in the _evening . —A memben' _meeeing of the National Charter Association will bs held at two o ' olock in the afternoon . —A female members meeting will be held in the antiroom ofthe above Institute at the Bame time .
South London Chartist Hall , —Mr Shorter will deliver a lecture on Sunday evening next , Ootober 8 th , at eight o'olook . Subject : ' The social position andinflaence of woman . ' _LiMKHOusx , Brunswick Hall , Rope Makers-fields . — Mr Kydd will deliver , a lecture on Wednesday , Oct . llth . Subjeot : - ' England ' scommeroial and trading Aristocracy , Wealth of Nationa , Misery of People , Free Trade , its principles and effects , Cheapness its Tendency . ' ¦ Mr Eton will lecture in the _John-street Institution , on Tuesday evening . Subject : —' Labour , its nature and destiny ; opinions of workmen on labour ; power of the people to emancipate themselves socially
and politically . '—Mr Kydd will leotnte in the _AsBembly-rooms , Dean-street , on Sunday evening . Chair to be taken at eight o ' olook . —The meeting of friends , intended to have taken place at Mr DixoB ' _s , is postponed to Sunday , Ootober 15 th , at three o'clock , by order of Mr Kydd . Shorediich . —A meeting will be held at 77 , Church . street , Shoreditch , on Monday next , Oot , 9 th , respecting the voting of the funds , when a gentleman will address the meeting . _KsantHTows . —The _Chutista of this looality will in future meet on Monday evenings , at the Star and Garter . Mansfield-place . Mr Merriman will leoture on Monday evening , Oot , 9 th . Subject : « What iB Chartism . '
LniEHOtm . Volunteer Branch Land Company . — Tbe members of this branoh are requested to attend a speoial general meeting , on Friday evening , the 12 th inst ., at seven o ' cleok precisely , npon most important business . _MiRrxBBorfs . —On Monday next , will be held a quarterly meeting bf the shareholders ot the Marylebone Working Man's Hall Committee , on business of importance . South Loudon Chartist Hall . —The members of the South London Working Man's Literary and Scientific Inptitnte and Beading-room , Webber-street , Blaokfriars-road , will meet on Sunday morning , at half-past nine o ' olock , for reading and diioussion . Subject : 'Which will most benefit the nation—emigration or home colonisation . '
Land. Bibmingham —The Members Of The Lan...
LAND . Bibmingham —The members of the Land Company meeting at the Ship , and the friends of Chartism , are requested to meet on Sunday evening next , Ootober 8 th , npon business in reference to the future policy of the Chartist body . _Littletown near Leeds — A special meeting of Land members will be held at Charles Brook ' s , on Snnday , October 8 th , at ten o ' olock in the forenoon , on business connected with the Conference , when every member is requested to attend . _Siourbridoe . —Mr Feargus O'Connor will deliver an address on Monday evening , October 16 th , at tbe Theatre-Royal , at seven o ' olock , on the subjeot oi the Land Plan , wben he will propound his views of working it . under its amended form . On thiB ( Saturday ) evening , attendance will be given at the Crown reomB , at eight o ' clock , to receive the monthly contribution and levies whioh are now due .
_Keiohlxy . —A meeting of Land members will be held at seven o'clook on the evening of Monday next , in the Working Man ' s Hall , when it is hoped that all tbe members of the branoh , including those of Bingley , _CoUingworth , Harden , dto ., will attend . _Babburt . —A general meeting of this branch of the'Land Company will be held at the Butchers ' Arms Inn , at half-past seven o ' clook , fer the purpose of nominating a delegate tothe forthcoming Land Conference . Stalybridob . —A delegate meeting will take plaoe on Snnday afternoon at ten o ' clock in the Land Company ' s meeting room , Cross-street ,
Springstreet , when the following places are requested to send delegates : —Ashton , Duokinfield , Hyde , and _Mottram—to . take into consideration the propriety of sending a delegate to the forthcoming Conference . —A meeting ef the members of the Stelybridge branoh will _ta '< e place in tbe afternoon at two o'olock . Newcabtls _troN-TiNE . —A general meeting of the Land members will be held in M . Jade ' s long room , on Snnday afternoon , October 8 th , at four o ' olook , for the purpose of discussing the propriety of sending a delegate to the Conference to be held in Birmingham on the 30 th of Ootober .
_pBxsroir . —A general meeting of Land members will take place on Monday evening _. at eight o ' olook , in Mr Frankland _' s Room , Lone street , to m » ke arrangements for the forthcoming Conference . The secretary will attend to receive the weekly subscriptions for the shares and aid fund . ABBRuBKK . —The quarterly general meeting of this branoh of the National Laud Company will be held in MrsBaine ' _s Hall , 63 , Castle-street , upon Monday evening , 9 tb inBt ., at eight o ' clook , when the quarterly report will be submitted to the meeting , and officers elected for the ensuing quarter . Dukinfield . —The members of this branoh of the Land Company will meet on Sunday , Ootober 16 , at the house of Charles HurBt , Old Hall , Dukinfield Hall , at two o ' clock in the afternoon , when all are requested to attend , and those who are baok with their levies are requested to come and pay them . _Manohestsr . —The monthly meeting of the Land
members will be held in the People ' s Institute , on Sunday morning , Ootober 8 th , to elect delegates for the forthcoming Conference . Chair to be taken at nine o ' clock . Hull —A general meeting of Land members will be held on Tuesday evening , October 10 th , in the _Wilborforce Rooms , to decide on the delegate to the Conference , and to eleot offioers for the ensuing quarter . Coventry . —The Land members are requested to attend a meeting at Mr Pritchard ' s _Coffee-houBS , _Gosford-Btreet , on Tuesday evening , October 17 tb , at seven o ' clock , on important business , when all levies due will be expeoted to be paid . Burt . —The shareholders of this branch are requested to meet on Sunday evening next , in Clarkestreet . Tbe quarter ' s accounts will be bronght forward , and officers for the ensuing quarter elected .
South London Hall—A meeting will take place to elect a delegate for Conference , and other business , on Sunday next , October 8 th , at six o ' olook precisely . Norton Foloate ;— A meeting of the above branoh took place on Tuesday , at the Duke of Lancaster , John-street , _KingBland-road : Mr Norton in the ohair . Mr Mathews resigned the office of seoretary , when a vote of thanks was unanimously awarded him for hia unremitting attention to the duties thereof . Mr Tapp was elected secretary ; and on the motion of Messrs _JeanB and Lewis , the future buB . ne . ' s of the branoh will be transacted at the Duke of Lancaster , on Tuesday evenings .
Mosslby . —A publio meeting will be held ia the Land Company ' s room , Bagly on Sunday afternoon , Oct . 8 th , at ten o'clock , to appoint a committee to raise a Defence Fund for the politioal _vi'tima of Mossier .
The Irish Trials For High Treason. The S...
THE IRISH TRIALS FOR HIGH TREASON . The special commission appoinfed for the State trials , in Ireland , commenced its formal proceedings on Thursday , the 28 th ult ., at Clonmel . A very large number of persons assembled at an early hour in the neighbourhood of the Court-house , anxious to be present at tbe proceedings . The Attorney General applied that Mr Smith
O'Brien and the other four prisoners included in the same general indictment should be brought into court and called onto plead . —James Orchard , Denis Tyne , and Panick O'Donnell , and afterwards Mr Smith O ' Brien were placed at the bar . He looked in excellent health , and appeared in much better spirits than on the occasion of his last appearance in tbe same situation . When he bad taken his place at the front of the dock , the Clerk of the Crown was about to indict him in the usual terms , when
Mr Whiteside , Q . C ., rose . The application he had to make was that the prisoner should not be called on to plead , and that his trial should be postponed until such time as the court might deem right and sufficient to enable him to prepare his defence in a complete and satisfactory manner . The short question to be discussed was , whether Mr O'Brien was entitled , under the acts of' Parliament now applied to Ireland in cases of high treason , to a copy ofthe jurors' panel , and a list of the witnesses to be examined on the part of the crown . It was very extraordinary that living , as they ( the people of Ireland ) were paid to live , under laws equal and similar to those of England , a prisoner tried in this country should be denied the advantage of a privilege which every Englishman enjoyed , and which went tothe very root ofthe offence . In England parties tried
for high treasoa were allowed to have a copy of the panel , and a list of the crown witnesses ten clear days before the day appointed for the trial to take place ; and it was for the court to decide whether Mr Smith O'Brien should not enjoy the aame advantages ( being tried in Ireland ) wbich he would obtain as a matter of right had he been tried in England . The learned counsel drew attention to several acts of parliament—especially that of 57 Geo . III . —and to authorities bearing on the point . If their lord * ships entertained a doubt on the subject be would respectfully call their attention to the rule of law now generally adopted in all cases of doubt arising in courts of criminal judicature , viz ., ' tbat it should be rejected were it made against the prisoner , and be received if likely to prove favourable to his defence . '
Tbe Attorney General submitted that the prisoner was not entitled to be furnished with a copy of the list of jurors and witnesses before he was arraigned . It was conceded that at common law no such right existed . The only question was , whether there was a statute in force in Ireland entitling a prisoner to a list of witnesses or a jury panel ? The present indictment was altogether framed under the statute of Edward . The section of Geo . III . merely applied to a new treason and not to the old class of treasons under the statute of Edward , and inasmuch as the present prosecution was under that statute , he contended that the application should not be granted . After some . further arguments on beth sides , the court ruled that the prisoners should at once plead to the indictment .
Mr O'Brien then pleaded Not Guilty in a clear and audible voice . Mr Whiteside then asked , as a matter of favour , that Mr O'Brien ' s counsel should be furnished with a copy of the jury panel for a few hours before the commencement of the trial , in order that they might have an opportunity of looking over it . To jubtify tbe reasonableness of bis request the learned counsel cited some English trials for high treason where the prisoners had been allowed a copy of tbe
panel one day before the trial was appointed to take place , These cases occurred , he said , before tbe act of the 7 th Will . III . was passed , and , therefore , showed that even in England it was the custom at that period to allow the prisoner a copy of the panel at least one day before trial . He , therefore , submitted that the same favour should be extended by an Irish court of justice to prisoners tried for the same crime in Ireland , although they might not he entitled to it as a matter of right .
The Attorney General opposed the application . He said he could not perceive any line of distinction between the present case and the ordinary cases in which men were tried for capital offences . The Chief Justice observed that whilst the Attorney General withheld his consent , it was ont of the power of the court to accede to the application . The Clerk ofthe Court then called over the jury panel . The jurors upon it were , for tbe most part , persons of property , and were taken , some from tbe town of Clonmel and the remainder from the county at large . The attendance was most numerous—201 jurors having answered to their names out of a panel of 288 .
Mr Fitzgerald put in a challenge to the array , which was to the effect that the act of parliament required the clerk of the peace , within a week after the commencement of last October quarter sessions to deliver a precept tothe high constables or col lectors of grand jury cess , requiring them to make out within a month a true list of persons qualified to serve on juries ; the list so made out to be returned by them to the clerk ofthe peace to be laid before the justices at quarter session for their signature and from the list signed the jurors' book was to be made out and delivered by the clerk of tbe peace to the High Sheriff . The prisoner challenged the array upon the ground that the clerk of the
peace for the county of Tipperary had not within the proper time , or at any time delivered the precept to the high constable or collectors of grand jury and other cess , nor was any jurors' book made at present pursuant to the statutable provisions , nor had the High Sheriff returned the names of the Jurors from the books of the county for any year . The next ground of challenge was that tbe panel was returned with reference to the religion of the jurors , to his ( W . S . O'Brien ' s ) prejudice . The several panels which for three years had been , from
time to time returned by respective sheriffs to serve upon juries had consisted of 380 persons duly qualified to serve as jurors ; out of said panel not less than one-third consisted of persons professing the Roman Catholic religion , two-thirds of them Protestant , and of the jurors returned , not more than oneeighteenth were of the Roman Catholic religion , and the residue ( _17-18 ths ) were professors of the Protestant religion . The prisoner further stated tbat the panel had been partially and unindifferently arrayed to injure and prejudice bim upon his trial .
The crown counsel then ( half . past one o'clock ) retired to their room to consider the replication to the challenge , and did not return into the court until a quarter after tbree , when . The Attorney General handed in a replication to the challenge , in which he set forth that the panel ought not to be quashed , because there had been a jurors' book prepared in the current year for the county Tipperary , and because the jurors' book was still in existence , being then in fact in the town of Clonmel . On these grounds he submitted that a challenge to the array of said panel should not be sustained , and that the array , of said panel should be considered as having been well , equally and impartially made in the jury book , by the high sheriff , according to the duties of his office ,
The _ceunsel for the prisoner tben received' permission from the court to retire for a short time , in order to consider what rejoinder they would make to" the foregoing resolution . On their return into court , Sir Colman O'Loghlen stated that the prisoner ' s counsel had decided upon joining issue with the crown , and requested their lordships to nominate triers to hear the evidence , and find a verdict on the issue . Mr Whiteside suggested tbat the court should not nominate the triers from the grand jury panel . The court could see no reason whatever for adopting the suggestion , and recommended that the two first persons on the grand jury panel should be selected for the required purpose , namely , the foreman , Lord Suirdale , and the Hon . Cornelius _O'Callaghan .
Lord Suirdale begged that some other grand juror should be selected in his stead , on the ground that having acted in the capacity of high sheriff during the previous year , it was not at all improbable but that he mig ht be examined touching some of his own official acts . Sir Colman O'Loghlen suggested that the second and third names on the grand jurors' panel should be taken in lieu of the first and second , which course was accordingly adopted , and the name of the third juror in the list , the Hon . F . A . Pritties , was substituted for that of Lord Suirdale .
Mr Whiteside then briefly stated the questions which the triers had been appointed to decide . The first question was whether the jurors * book had been made for the current year , pursuant to the Act of Parliament . The second was whether the panel bad been fairly and impartially arrayed between the crown and the prisoner . The learned counsel
Having Recited The Provisions Of The 3 &...
having recited the provisions of the 3 & 4 Wm . IV . chap . 91 ( the substance of which is contained in the challenge made to the array above given ) , proceeded to contend that tbe October sessions mentioned in the act of 3 & 4 Wm . IV ., c . 91 , _s . 9 , were the same sessions which were mentioned » the 4 th sec . of said act . If this construction was the true one , he was of opinion that their lordships would decide that the Clerk of the Peace shonld have issued his precept within one week after tbe commencement of the October sessions . This course the Clerk of the Peace had not taken , having in fact issued his precept in the month of July , a course that was altogether contrary to tbe Act of Parliament . The learned gentleman then contended tbat the jurors' book was issued in July , and not in October , as the Aet of Parliament required .
G . P . Prettie , Esq ., Clerk ofthe Peace , examined . Had been served witb a _subptena tbat day to produce the precepts and lists ; could not produce tbe precepts , as the high constable did not _return tbem to him , but could produce the jurors' lists as revised by the magistrates ; the lists were generally affixed to tbe precepts ; tbe former were returned to him , the latter were not ; produced the lists of two ba . ronies , one the 12 th August , 1847 , the other for 1848 , but it bore no date ; produced lists for other baronies , all of which were received before October ; did not issue any other precepts . —To the Attorney General : The lists were revised by the magistrates at a special session last December .
Tbe Attorney General drew the attention of the court to the points at issue between the crown and 'he prisoner ' s counsel wbich are set forth in the challenge and replication . The crown had not taken issue upon the allegation that no precept had been issued a week after the October Quarter Sessions , but they had raised an issue upon the existence of a properly constituted jurors' book , and were prepared to produce it . The learned gentleman contended that the proper time for issuing the precept was in July , and not in October . Tbe Solicitor General followed on the same side . Samuel M . Going , the sub-sheriff . —Produced the jurors' book which he got from the Clerk of the peace in December last .
Mr Fitzgerald tben argued in support of the challenge . He contended tbat there was not a jurors book according to the acts in that case made and provided , inasmuch as the jury lists were returned prior te October . The Chief Justice then addressed the triers . The panel was taken from the names fonnd on the jurors ' book , which was proved to have been delivered by the Clerk of the Peace to the Sheriff of the county before October , 1847 , that it was made from lists revised at tbe quarter sessions , and that tbe lists were returned prior to October , pursuant to the precept issued before August . The question there raised , was whether or not the precept issued
before the October Sessions , was issued pursuant to the acts in 'that case' made and provided . It was alleged , on behalf of the prisoner , tbat the precept should have issued after the October Sessions , and not at an antecedent period . It was his duty to tell the jury that it was not necessary that the precept should have issued after tbe October Sessions , and' that the Act of Parliament did not contain a syllable justifying the construction which had been put upon it . The objection to the panel was , therefore , untenable , and he would direct thejury to find against the challenge upon the first count . The jury found accordingly .
Mr Whiteside then addressed the jury of triers upon the second question—namely , whether the panel had been fairly and impartially arrayed between the crown and the prisoner . His client , Mr Smith O'Brien , was then on his life , and , to speak very shortly and simply bis opinion in the matter , he believed that if he was not tried by a fairly and impartially selected jury , it would make little difference whether the crown tried him with such a jury or took bim out of court and shot bim _through the head upon tbe high road . The court would tell them there must be no management or contrivance with respect to the concoction of tbe jury panel ; and tbat if there was , it would be an unfair , partial ,
and unconstitutional panel : Aad if the triers were of opinion that preceding sheriffs of that county had not fairly discharged their duties between the crown and the prisoners ' to be tried , ' during the last tbree years , it was impossible for them to say on their oaths that the present panel was an impartial one . On all former panels arrayed during the last three years , tbere was a certain proportion observed by the High Sheriff wbo returned the panels ( which proportion was considered to be a fair one ) —namely , two-thirds bad been invariably returned during tbe last three years of the Protestant persuasion , and one-third of the Roman Catholic persuasion . However unequal that proportion might appear to be it gave satisfaction .
Evidence was then given on this point , in the course of which Mr Pennefather , High Sheriff of County Tipperary , stated there were several names which had been omitted at the instance of the persons themselves . Did not leave off any one because he was a Roman Catholic . Did make a difference in the construction of the panel . He always did so at special commissions . At the assizes he summoned only one-half of tbe riding , while he summoned the whole county at special commissions , which enabled bim to leave off a great number of names , which he put upon the panel when he summoned only half ofthe riding . There might be the omission of Roman Catholic names , but on bis oath they were not left off for their religion ; three Roman Catholic gentlemen of _respectability had sent apologies and were left off the jury ; could not tell how many Romas Catholics were on the panel .
The Lord Chief Justice then addressed the jury of triers at considerable length . He reviewed and commented upon the whole ofthe evidence adduced , and in doing so stated his opinion that there was nothing in any part of it whioh in tbe slightest respect proved that corruption or partiality had been evinced either by tbe High Sheriff or the Subsheriff in the discharge of their Beveral duties , in relation to the preparation of tbe panel . The jury found against the challenge upon the second question , as they had already done upon the first . The court was then adjourned to ten o ' clock on the following morning .
The Lord Chief Justice Blackburae , Lord Chief Justice Doherty , and Mr Justice Moore , took their seats on tbe bench at ten o ' clock on Friday morning . The court was even more crowded than on the previous day . The Attorney General , the Solicitor General , Mr Scott , Q . C ., MrSausse , and Mr Lynch , appeared as counsel for the crown . Mr Whiteside , Q . C ., Mr Fitzgerald , and Sir Colman O'Loghlen , for the prisoner . Tbere was a very full attendance of jurors , and when the reading of the panel had concluded , Mr Whiteside applied to the court on behalf of Mr William Smith O'Brien to select the jurv by ballot .
The Attorney General said that if he consented to the application , it would infer that he acquiesced in the imputation-of partiality sought to be proved against the High Sheriff . The Chief Justice said that as the Attorney General did not agree Co tbe application , the court could not consent to its being granted . The Clerk of the Crown then informed the prisoner that he could challenge twenty persons peremptorily as they came to tbe book to be sworn , and before they were sworn , and as many others for ' cause' as he could sustain .
Counsel for the prisoner having availed himself of this right , and the prisoner exhausted his right of challenge , having set aside twenty jurors without cause , Mr Whiteside claimed for him the right of challenging fifteen additional jurors peremptorily upon his behalf , and cited the 9 th Geo . III ., c . 54 . The Attorney General , in reply , contended that the 9 th Geo . III ., in amending the administration of the criminal law in Ireland , specifically stated that a prisoner on his trial for high treason should have but twenty peremptory challenges . The court disallowed the challenge , and the jurors were accordingly sworn .
The following is the jury sworn to try Mr O'Brien : R . M . J . Mansergh _, Grenane , foreman ; E . C . Moore , Moore ' s Fort ; R . Gason , Richmond ; J . Going , Birdhill ; J . Lloyd , Lisburn ; S . Perry , Barrona ; J . Lussell , Ballydavid ; E . Pennefather , Marlow ; T . Sadler , Ballingarry ; J . Tutbill , Rapland ; R . Manser , Gralla ; C . Going , Castle Cranna . The Clerk of the . Crown then read the indictment against Mr Smith O'Brien . Mr Fitzgerald applied to the court to oblige the witnesses for the prosecution to leave court . The Attorney General wished to know if it would be necessary for Hodges , the government reporter , to leave the court ? He was there to take a report of the proceedings , and would also be examined as a witness .
Mr _Fitegerald said , he bad no objection to Mr Hodges remaining . The Attorney General next said , tbat he saw Mr O'Hara in court . He was one of those that had
-
-
Citation
-
Northern Star (1837-1852), Oct. 7, 1848, page 5, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/ns3_07101848/page/5/
-