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yBANCB . —Thb Tyrant's Jkars . —La Referme j-jes , thai the two large eourt-yards of the Military School are at present filled with cannon ranged in I ^ d order . Several pieces consist of artillery used gbesiepng towns . Thb F obuficahoss . —The fortifications are , it would appear , abontto be " armed . " La Reforms slates , that from 12 , 000 to 15 , 000 gun nrriages have been cast atNevers , Toulouse , Douai , Tjlle , and Stratsbnrgh , of which a specimen may be jjeaat YincenneB , and at the esplanade of the Inyjlides ; and as the GoYernment has written on its toner /** Peace everywhere , and forever , " and as fiie arsenal * eontain from ^ , 000 to 10 , 000 pieces of c&nnon , the twelve bastiles which areready te receive their artillery may be Bnpplied with their guns and mortars as soon as it pleases the Government .
The Legitimists . —The Legitimists had a meeting on Friday at M . Berryer's house . About twenty of the party attended . The meeting was a very stormy one . Three members , the Duke of Valmy , M . de Larcy , and Becaard , were very violent in their propositions They declared that it was absolutely necessary 4 hatihe twenty-six members of the Legitimist party who have seats in the Chamber of Deputies shonld rea / m , and that they shonld appeal to the country , and if possible revolutionize the
provinces . M . Berryer , with more prudence than j ^ s friends , differed with them , in opinion ; and the other members present calmed the agitation by proving that this was not the proper time for the Eesitimists to play their last card , and tbatj being in a minority , they onght to submit to the law of the majority . Besides , they had not been declared guilty , and such a resolution as that might turn directly against them ; and they added that most of them wonld not have been elected but for the open or tacit assent of the government .
SPAIW . —A disturbance lately took place at Saragosso between the military and the people of the town , in which several persons were wousded . We are not informed what the origin of the affair was , aad it is described as if not being of great consequence ; but all popular commotions in the present excited state of Spain are ominous , and we have reason to think that , in this instance , the affair was more serious thasis admitted . ' A Moderado letter from Leon , of the 1 st instant , sp&ks of the probability of further disturbance there , which it attributes to the negligence of the government authorities , and Bays that the parties who joined the late movement there are in high spirits , and appear more like conquerors than conquered . The chief civil authority had resigned , and the general in command was disgusted at Ms having been entirely passed over in the recent promotions .
The XTmted Siates . —The British and North American Royal mail steam-ship Hibernia , Captain Judkins , arrived at Liverpool on Saturday last . She left Boston on the 1 st , and Halifax on the 3 rd inst ., and made the passage , including a detention of several hours at Halifax , in twelve days . Congress . —There had been more talk and several notions on the subject of the Oregon , and nigh words between the veteran Qoiney Adams and some young gentlemen on the subject of naval armaments rsd war , and the annexation of Texas . * Woras , " B words , " seem the staple legislative commodity , not = only in the foreign but the domestic policy of America . The correspondent of the Chronicle gives the following : —
Philadelphia , Dec . SO , 1843 . —I ought not-to pass over in silence a remarkable dialogue which took place in Congress on Wednesday . It shews the ; temper of the times , and indicates the jealousy of European interference in the Gulf of Mexico , as well ' as the rancorous feeling of a certain party against i England . [ Mr . Hale proposed a resolution in the House of Representatives , to inquire into the expenses of the ] home squadron . He thought the home squadron ' extravagant , and according to a report in the North : American , he referred to " the terror which General ] Jackson had , without any home squadron , * struck ' -Tto Franee , " tfec ] Mr . C . J . Ingersoll spoke in favour of retrench- : ment generally , bnt considered the full appropriations for the navy wonld be required .
Mr . Adams thought the appropriations of 9 , 000 , 000 ; dollars excessive , and that the object really intended I was war—perhaps war with Great Britain—by some ; gentlemen . In alluding sarcastically to Mr . lnger- soil , he reminded him that he ( Mr . Ingersoll ) had ,. in the last session , talked about saiEngJup the Thames ; asd i > DTning London—daughter ) , ! Mr . lngersoH said that the remark was made in , reply to what Mr . Adams had said about a British ] fleet sailing up the Mississippi , and burning Yatchez —( more laughter ) . } In a subsequent part of the debate Mr . Ingersoll saidi— ) "Would the gentleman let England have Cuba ! - Would he V I Mr . Adams—I ask the gentleman in turn—is he I ready to go to war with England ? Is he ? ¦ Mr . Ingersoll—Without one moment ' s hesitation , E ^ oner than let her take Cuba —( great sensation ) .
The Forum says that other Toices said , " Most de- j adedlj , without a moment's hesitation . " . ' Mr . Adams—I believe "the gentleman is ready ; ' and as that is at last a possible event , this home < squadron appropriation is meant to provide for it . I am against a war , and I belieie the country is , against it . I believe that the morals of the people , are not so deeply corrupt as to go to war with England for the sake of a company of Creoles ; no , nor i yet for the sake of annexing Texas to the Union , for ' that is another of the objects in view . The Texas axd Oregon Questions . —Ground has ; been broken on the Oregon question in the Senate . ; Mr . Atcheson has proposed a bill te encourage the [ settlement of the Oregon territory . It was referred j to a select committee . -,
On Tuesday , Mr . Atcheson gave notice of another I bill " to establish a government for the territory of j Oregon . " 1 It i 3 understood at Washington that Mr . Paken- frafflj the newly appointed British minister , has in-1 Etmctions to settle the Oregon dispute . In the mean- j time , the Maddissonian ( government official ) has j the following remarkable passage in a leading article : ' ¦ u Texas will be annexed to the United Siates , and so I will Oregon I " A letter from Washington says , that the President } has despatched a letter of instructions to Mr . Everett , i w accompanied with proofs that the territory belongs ! to the United States , which , if not admitted by Eng- j land , the President will give the necessary notice ! ( as per treaty ) prior perhaps to t *> ing possession . " j Bnt this may be only true in part , 4
The legislature of South Carolina has passed resolutions recommending Ibe annexation of Texas to Congress Several publie meetings in the south have passed resolutions and memorials opposing annexation . Lateb 1 > telljgem : e—Philadelphia , D £ C . 31 st-r The Oregon question is now fairiy before Congress in two or three forms , and much excitement is anticipated in the debates . The popular feeling 13 in favour of ocenpjing the territory , and it is natural that most of the speakers , who seek popularity with their constituents , shonld favour measures to extend United States government and law over the dispated territory . Mr . Atcheson's bill in the Senate has been reaG a second time , and referred . Its chief provisions
are—1—That all the country west of the Rocky Mountains to the Pacific Ocean , and between lat . 42 . and 54 . 40 . N ., be constituted a territory of the United States . 2—That it be called Oregon . 3—A governor , secretary , and other territorial oficers to be appointed , who shall hold their offices for fiveyears , unless removed by the President of the United States . 4—Nothing in the act to be construed to affect the rights of British subjects in said territory , obtained nnder any treaty between Great Britain and the United States .
Mr . Allen , senator from Ohio , has moved that the President lay before the Senate , if in hi 3 judgment it can be done without prejudice to the public interests , copies of instructions given to the American minister in England , since March 4 , 1841 ; also copies of all correspondence on the subject of Oregon Ence the above date . In the House of Representatives , Mr . Hughes , of Missouri , has moved for a territorial government of the United States in Oregon . Also for the establishment of a road and military posts from Independence , Missouri , to the mouth of the Columbia liver .
The Slavebt Qurapos . —On the 26 th ulL , Mr . Adams offered a petition , praying that slavery and the slave trade be abolished in the district of Columbia ; that so sew slave state be admitted into the union j that the petitioners be for ever separated from slavery ; and Hayri be recognized , &o . The Speaker said it was excluded by the 21 st rule . Mr . Adams did not think the whole was excluded The Speaker decided that the petition conld not be divided and a part received . He excluded the whole Mr . Adams appealed . The House sustained the decision of th » Speaker , 105 to 40 . The select committee on rules afterwards agreed to report a resolution , rescinding tie 21 st rule . It is stated that there is little doubt of the success of the motion in the honse . A Beleet committe on the resolutions of the Legislature of the State of Massachusetts , in favour of abolishing slave representation , was formed on the 27 th nit . _
The Presidesct . —Mr . Buchanan , of Pennsyl-Tteia , has withdrawn his name as a Democratic candidate for the next Presidency . Gekebax Jxcksoh—The following extract of a better , which appears in an American paper , gives * n interesting " account of General Jackson : — "General Jackson , I legret to say , ia in Tery infirm health . He never leave * his room , and is emaciated to mere » Vin and bone . He baa a severe cough , and
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pain in the back and aidp , bat his voice snd intellect appear wiaflfected , and the lightning fire of former years yei flashes in hi « eye . "If I eouM describe to tbe Ifemocracy of yonr city the interest he takes in the oeming Presidential election , J am kjtb there i * not a true Democrat among them all who -would sleep until everything was donewhich he eould hononrably do to secure the success of the Dsmocratie candidate , were It only for the aake ef tha old hero . In listening to his animated conversation on lhls subject , and witnessing the thorough knowledge he exhibits of the political condition of every state , and even of the different districts of the states , one would think he had never thought of anything bIbb . Yet he is perfectly at home on other subjects , allows himself to be diverted to them readily and converses xrn them freely and with interest .
~ " He is mnch gratified with the result of our late elections in New York , particulary in the city , where he doubted of the success of th » democratic party , on aeeonnt of the division that had taken place , and of wfeich he appeared to be perfectly well informed . It is impossible , ' said he , ' for the Whigs to succeed in the next Presidential election but fey th » aid of such divisions . The great humbug of 1840 , with its apparatus of log-houses , sour cider , 'coon skins , and gourd shells , has disgusted the honest portion of the Whig party . They are ashamed of it , and wDl not allow themselves to be drawn into such follies again . ' " He is in favour of Mr . Van Buren as the next candidate , and thinks that the disgrace put upon our country by the sour cider humbug cannot be so completely wiped away by the election of any ether man . It is his opinion Vhat Mr . Van Buren will be designated as the candidate by a large majority , and that if nominated he is sure of success . "
State News . —The Legislature of Alabama met on fee 4 th ult . The Governor , in his message , reprehends in manly terms the doctrine of repudiation , and proposes to raise by tax the necessary funds to meet the interest on the State bonds falling due after this year , up to which time provision has been made for payment . The financial condition of the State of Maryland is represented as embarrassed and unpromising in the highest degree . From the statement of the receipts and expenditure of the StaU of Pennsylvania , it appears that there was a considerable balance in the Treasury on the 30 th of November last , and hope , it is said , is confidently entertained in some quarters of Pennsylvania that on the 1 st of August next a considerable payment of arrears of interest will be made to foreign creditors .
Miscellaseoits —A dreadful crime has been committed on Staten Island , close to New York . On Christmas-day some miscreant robbed the house of Captain Houseman , murdered his wife and child , and then set the premises on fire to conceal their crimes . Captain Hoascman returned from sea a few hours after , and found the charred corpses of his wife and child in the smouldering ruins of his dwelling . They were known to keep large sums of money in their house . Hence the temptation to the horrid deed . —The Bteamboat Joe Davis , with a full cargo , has been H snagged" and sunk near New Orleans . — The new ** Native American" party held the largest public meeting , on Monday evening last , that has been remembered in that city for manv years . —Ole Bull ,
the violinist , cleared eight thousand dollars in New "York . —A duel was fought near Baltimore , on Monday , . between De Yeaux Powell , son of John Hare Powell , Esq ., of this city , and Mr . William Norris , of Baltimore . Weapons , rifles , at eighty paces . After an exchange of shots the seconds interfered and effected a reconciliation . —The Senate of the United States has confirmed the nomiRations by the President , of Albert Davy , of Pennsylvania , to be United Slates Consul at Leeds , England ; and Louis Mark to be UniUd States Consul at Bavaria , and the Prussian provinces of the Rhine . —The steamer Kershaw , with one thousand bales of cotton , was totally destroyed by fire near Charleston . Nearly twenty houses in Wilkesbarre , Pennsylvania , were also destroyed by fire day .
CANADA . —The Toronto Patriot mentions a rumour that a large number of the Reform members of Western Canada , who voted with Baldwin on the recent division , met together in Kingston just as Parliament was prorogued , and sent a memorandum to the Governor-General signifying their willingness to support any council to be formed by Mr . Harrison . Addresses were pouring in from all parts of the province , approving of the stand taken by his Excellency the Governor-General , and expressing a firm determination to support him , A Royal pardon has been extended to the five following transported prisoners , who are undergoing their sentence in New South Wales , in consequence of the part taken by them in the late rebellion in Canada , to wit ;—Pierre Hector Moris , AchiBe Mario , Charles Huot , Louis Pinsonnanlt , Rene Pinsonnanlt .
SOUTH AMERICA—We have advices from Buenos Ayres to the 8 ; h of November . The Argentine Kepublic is said to be gaining strength , while the Banda Oriental , nnder Rivera , is proportionally falling . At Buenos Ayres affairs are quiet , and trade , though dull , is prosperous . The blockade of Monte Yideo , being only partial , is said to be quite ineffectuaL It excludes only fresh provisions . A sally was recently made by the besieged which extended to the port of Buoeo , which was pillaged and destroyed . The capUin and collector of the port and one of Admiral Brown ' s officers , said to have been an American , were taken and probably executed . The prospect is that war will continue
for a l ong time . A Minister Plenipotentiary has recently arrived at Buenos Ayres from Paraguay . The trade of Corrientes is closed . The Buenos Ayret Packet of the 4 th inst . gives a transcript of some letters , purporting to be intercepted , from Rivera to bis wife , representing the Monte Yideans as much reduced in means and Bpirits . The same paper says , that numerous deserters from Rivera to the Agentine army were daily arriving . It adds that "the remains of the army of Flores and Estivao , routed by General Fernando Gomez on the 27 th of September , were overtaken by General Angel Nune 2 on the 13 ih of October , and completely cut to pieces . "
FOREIGN MISCELLANY . The Psess in Pbcssia . —Behlis , Dec . 23 . — Political trials in matters of the press are on the increase with us . The trial against Dr . Jacobi , in Konigsberg , author of the Four Questions , was the first during the reign of the present King . At this moment three different press-trials are pending—the first against E . Bauer , in Berlin ; the second against Steimnann , in Munster ; and the third against Walesrode , in Konigsberg . Bauer's work , Critic in contest with Philosophy and Politics , of purely philosophic ( 1 tenour , although written in a popular style , was seized by the police the day before its
publication , and he stands accused of supposed derision of religion , offence against the majesty of the throne , reckless blame of all existing institutions , and provocation to discontent . Steinmann wrote historical statistical-political pamphlets , under the title of Mephistqfeles , and he is to beltried for derision of the laws of the country , in particular of those of Censorship , and for defamation of the Austrian Government . Walesrode published lectures delivered last year at Konigsberg , before a numerous andience , and called Submissive Discourses . His stjle of writing is humorous and satirical , and he stands charged with derision . of State regulations . — Genxan Papers .
A Cobsicas ' s Yexgkakce . —A man named Oochione sometime back gave evidence in Corsica against two men named Serafino and Antonio , who were suspected of having committed a murder . The latter was taken np , tried , and executed . The other absconded , and remained concealed for a length of time . Occhione took precautions for some time against any sudden attack , but at last got careless , thinkinu that Serafino had left the country or forgotten him . About a fortnight back , as he was returning with the tax-collector of the district , after getting in the money doe to the Government , a man suddenly stood before him on the road , and inquired if he recollected him . Occhione replied in the negative . " Look at me well , " Baid the stranger ;
examine my features and my person . Did you ever Bee me before ! " " Never , " replied Occhione . " You are ' quite sure of that ! " persisted the unknown . ** I never saw you in my life , " was the answer . " Then take the reward of your perjury , " said Serafino—for ft was he— " and die 1 " Ho then drew oat a pistol and shot him dead . "As to you , " said he , turning to the taxgatherer , " you have nothing to fear . I am not : ihe man to rob you of a farthing . I Game here to punish a forsworn witness , who declared he had seen me commit a murder , when it is clear that he never beheld me before . Continue your way and fear not . " He then turned to the dead body , and , placing his hand on the heart to discover if it beat , he lit his pipe and tranquilly walked away . — Galignani ' s Messenger .
Colonel Stgddabt Alive . —We understand that what may be considered aathentio intelligence has reached town , to the effect that Colonel Stoddart is Etill alive , and at large , though strictly watched , by orders of the Khan of Bokhara . It is Btated that he has been employed by that Prince in the drilling of his troops . We alBO learn , through the same sturee , that Captain Conolly is dead ; but whether he has fallen a victim to imprisonment and disease , or been put to death , is not positively ascertained .
The Pbess is Hanoteb . —The Minister of the Interior of Hanover had published an ordinance imposing npon the owners of circulating libraries and literary circles an obligation to send their books to be censured anew , whether they had been already authorised or not by the authorities . Toe journals received in those establishments are likewise % o undergo the censorship , and hereafter no person who does not enjoy general confidence shall be allowed to keep a circulating library or a literarv circle in Hanover .
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Sbditiom . —Jeremiah Sullivan , a political ballad singer , was tried at Fermoy Sessions for a seditions libel , entitled " New Repeal song" and *• Tara HalL " The Jury were locked np for three honrs , and discharged without a verdict .
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HILARY TERM , 1844 . COtTRT OF QUEEN'S BENCH . Thursday being the first day of Term , the Court of fqjoeen s Bench was more than usually crowded from an early hour by persons anxious to witness the opening proceedings . A considerable number of ladies were present . Around the entrance to the court , in the hall , a substantial barrier has been erected , so as to prevent the crowding about the door , which during the last term , was a source of muoh inconvenienoe to those whose business required frequent ingress and egress . A portion ol the onter and the entire of the inner bar has been divided into two equal parts , by a low partition , so as to give the same amount of rcom to the council for the traversers as to those of the crown , at the approaching state trials . Tha « id « c&llarv on
the left of the bench is appropriated to the reporters for the public press , and the jury will occupy the opposite one . The large gallery which fronts the bench has been considerably increased in siza ; and several rows of seats have been added to the side bars , for the accommodation of the traversers , witnesses , &o . Shortly before two o ' clock Mr . Justice Burton entered the Court , and the swearing in of the city and county grand juries was proceeded with . There was a very full attendance of the gentleman on both panels . The Foreman of the Grand Jury applied to have their box reserved for their accommodation during the approaching trials ; but the application was refused in consequence of the box haviDg been set apart for the members of the press . The Caurt adjourned until Friday .
_ The Courts present all the indications of preparation for the coming Trials , and the town is very full . A considerable number of Reporters from the London Press have arrived ; and the " fourth estate " will be in such great force on the occasion , that toe High Sheriff will not find it an easy task to make room for them . Mr . Latouehe , who has been exceedingly anxious to accommodate the Press all through , has secured for the Reporters the County Grand Jury gallery ; but even this will scarcely afford the necessary accommodation . The briefs for the Crown lawyers ( thirteen in number ) are partly printed and partly lithographed , and each contains between three hundred and forty , and three hundred and fifty pages . The letter press printing alone in each brief occupies one hundred and seventy pages .
SITTING OF THE COURT ON FRIDAY , JAN . 12 . The Court was occupied nearly all day with the arrest of judgement in the case of Sam Gray , who had been convioted of an attempt at murder at Monaghan Assizes . Mr . Justice Perrin dissented from the other judges , being of opinion there ought to be a new trial . The Chief Justices , and Judge Burton and Crampton , being on the other side , the verdict was held to be valid . Ultimately , the prisoner was sentenced to transportation for life Mr . Napier stated that the prisoner would apply for a writ of error . —Sentence respited .
THE " DEFCIENT" JURT LIST . At twenty minutes to four o ' clock . Mr . Moore , Q . C , rose and moved the court that the Special Jury in this case be quashed , and that a mandamus be issued to the Recorder of the City of Dublin , directing him to amend the Jury List , by placing upon it the names of several parties entitled to be thereon , and which were omitted either by accident or design . The Learned Gentleman spoke at great length in support of the motion . He contended that of this there could not exist any doubt upon the mind of any man , that there were fifteen persons , all professing the Roman Catholic religion who were upon the revised list , for four out of the twenty parishes adjudicated and determined upon by the Recorder , and their claims allowed . It was also a fact which could not be controverted , that these names were not upon the list returned to the sheriff . He did not affix blame to any particular person .
The Attorney General opposed the motion , and read an affidavit from Mr . Kemmia stating that out of the jury panel a fair jury had been selected . The jury panel contained the names of 717 jurors qualified to act , and those 717 names were placed in a balloting box , out of which , as usual , forty-eight were in the regular way chosen ; and the crown solicitor swears that this number was quite sufficient to enable the crown and the traversers to obtain a fair and impartial jury ; and goes further to Eay , that he had sinoe inspected the jury-book for the year 1844 , from which he ascertained that the nameB mentioned in Mr . Mahony ' s affidavit were not included in that book , out of which book the final panel was made out , and he mentions the names of the fifteen persons allcdged to be omitted from the panel . The Attorney General contended that if wilful corruption had been perpetrated by any officer in the
suppression of names in the panel , they could be severely puniBhed , If there had been corruption , let criminal proceedings be taken against the offender , and let the matter be brought forward properly ; if there was corruption upon the part of any one connected with the crown , let them be proceeded against ; and even if there was a charge againBt the Judge of the Revision Court , let him be proceeded against ; but let there not be affidavits made attaching a charge without attributing it to any individual . Under these circumstances , all that he contended for on behalf of the crown was that the trial of the traversers should , as fixed , be proceeded with on Monday . The Learned Attorney-General continued at great leugth to argue against the motion made by the travelers , and concluded by calling on the court to refuse the motion .
Mr . Whiteside , Q . C ., next addressed the Court at great length in support of the motion . The Solicitor-General replied , contending that the motion could not be supported on its merits ; and even if it could , that Court had no power granted it by the act to re-revise the revision of the Recorder . The Lord Chief Justice , after conferring for a few minutes with his brethren , said , that the Court were of opinion that the application could not be acceded to , and they all concurred in taking that view . Their Lordships concluded the delivery of their opinions at eight o ' clock .
SITTING OP THE COURT , SATURDAY , Jan . 13 . The Attorney-General moved , on the part of the Crown , for an order that in the event of the trial in this case not having terminated on or before the 31 st instant , that Thursday , the 1 st of February , and every day until next term , or as many as shall be oecessary , shall be fixed by the Court for the purpose of said trial , and be deemed and taken to be part of the present Hillary Term . He could not say the precise time that would be necessary for the trial , but he thought it well to have the order made . He applied under the 1 st and 2 ad William IV ., section 3 , by which it was provided , that if any trial at bar shall be directed by any of the said Courts , i t shall
bo competent for any of the Judges of the said Courts to appoint any day for the trial thereof ; and that if such day be in the vaoation , it shall be deemed and taken to be part of said preceding term . He apprehended there could be no difficulty with * regard to the propriety of making this order ; snd he thought it would not be right to make an application pending the trials for such an order , and he deemed it to be the most proper course to have the order made before the trial . That order would be entered upon record , and thus the proceedings which it might be necessary to take in the vacation would be perfectly regular and legal . If there was any difficulty in making this order , of course the Court would take it at their peril .
After considerable discussion , the application was granted . Mr . Judge Perrin dissenting . At the close of the proceedings , the Attorney-General asked , at what hour will your Lordships sit on Monday morning ? The Chief Justice—We have been thinking about that , and on Monday morning the Court intend to sit punctually at ten o ' clock . THE M REPEAL TRAITORS , " THE IRIIH " GRIFFINS . " It now seems certain that the Crown have " evidence" to adduce at the trials , the result of treachery and traitorism . The Repealers have had their Griffins and their Cartledge ' s , as well as the Chartists . These are to be placed in the witnessbox ; and much speculation is abroad as to the nature of the Tcvealments they have to make . The Dublin World of Saturday last thus speaks of the matter , and gives the name of two of the worthies : —
" Oar distant readers know pretty well the opinion we have long entertained of many of the mercenary patriots of the Coin Exchange ; and should the State Trials proceed , we are sorry , for the honour of human nature , that some of them ate likely to verify our worst anticipations of them . The hired journalists of Burgh Quay are silent as death upon the subject , and even the Tory papers do not allude to it ; still , nothing can be more certain than that there has been treason in the camp . Daring the week there have been daily rumours of the paid Repealers who are prepared to levant to the Saxon enemy , and give evidence against their associates . Nor is this ail ; for a Mr . Green , a Liverpool Repeal Warden , is now located in the Castle ; and young Arkins , the son of the celebrated Tom Arkins , if not greatly belied , ia a voluntary witness for Mr . Attorney-General Smith , ready to assist him in obtaining a conviction . This juvenile Repealer falsifies the proveib which tells us that ' as the old cock crows the young one learns : " nor does he resemble the fox ,
* WLo ne'er so tame , so cherished , and lock'd up Will have a wild trick of his ancestors . ' " He is not—he cannot be , the genuine son of the incorruptible and pure Tom Arfcins , who enly lives to serve his country . The names of the other partieB Baid to be implicated in this act ef treachery , we forbear mentioning ; suffice it to say , they were well paid worthies , and good haters of ourselves , knowirg that we spoiled their nefariou » trade . And now , how has it happened , while this perfidy has bees the burthen of every tongue , that none of our communicative contemporaries have considered it worth their while to notice
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it ? Did tti )* prt-ceed from the conviction that tJ > d country would ba ap di ^ usteil with the villauy of some of the vermin , as t » withdraw its conSdeuos from the reinainde ?? Never b « a good cau-3 been so damaged as that of Repeal , by a set 0 / mercenary mountebanks and frothy spou » - > ra . We heartily pity Mr . OConnell , who hn been surroDnded by auoh a wprm of fllthy and voracious pismires . " THE NOTICE TO PRODUCE THB BOOKS AND ACCOUNTS OF THE REPEAL ASSOCIATION * . Laa . fc week , we apprized the public that a most important notice had been served on the traversers , calling on them to produce in Court all the books , papers , accounts , and other documents of the Repeal Association . Theobjeot of this notice is to enable the Crown , in case the books themselves are not tortneommg , to give secondary evidence as to their nature and contents : probably the evidence of the Irish Griffins . " Speaking of the revelations thus likely to be made publio , the World saya : —
"If the State Trials be instrumental-as we think they will—in creating much bad feeling , they will , unquestionably , from a step which we perceive it about to be taken , be the cause of some good by exposing the hollow patriotism of a set of well-known trading agitators and journalising hnmbugs . The down lawyers , we observe , have served a notice , calling upon the traverBera to produce all accounts which have beenx flat 3 d by the immaculate Finance Committee of the Cora Exchange , including the money paid to the Pilot , Freemin ' s Journal , and Nation newspapers for their disinterested advocacy of the Repeal question . Thh will be ' letting the oat out of the bag , ' with a vengeance ! and we can well imagine the consternation of Messrs . Hogg , Conran , and Levy upon the
prospect of the disclosure of the secrets of the divan to an ill-natnred and carping public . We shall then know to a shilling what the braying and peregrinations of a pack or 09 spotless and disinterested patriots as any npon the face of the earth have cost the country . Then will it be no longer a secret : how many pounds a week it has required to stimulate Dr . Murphy to his superhuman exertions to procure the regeneration of Ireland . But it is at the exposure which will take place among the press-gang that we moat cbackle . What pleasure it will be to leatn the reams of the Freeman and cartloads of the Nation , which have been gratuitously circulated for the popular enlightenment and the benefit
of the knowing fellows who figure as proprietors ! The prose by the yard , and the deathless songs , ( which so horrified poor old Lord Roden that he never for a moment recollected that the lyrics and the sly puffery introducing them in his own paper to the Conservative parsons and squireens , were frequently the work of one ingenious hand ) , will , we should suppose , be noted down , with the prices which they cost , in the ponderous ledger of Burgh Quay . After this disclosure it will surprise us not a little if people at a distance do not begin to open their eyes , and confess that since the squandering of the Protestant funds of the Brunswick Clubs , there have In these latter days , been no such ins ances uf wholesale profligacy . "
THE TRIAL . Sitting of the Court on Monday , Jan . I 5 th . It having been arranged that the Court should open at ten o'clock this morning for the trial of Messrs . O'Connell , Steele , Gray , Ray , Tierney , Barrett , Duffy , and John O'Connell , the greatsat excitement prevailed , and the neigboortiood of the Feur Courts was crowded with persons ef every grade anxious to get admittance . The Court not being very extensive , it was quite impossible to accommodate all who were desirous of witnessing the proceedings , and the High-Sheriff veiy properly
made arrangements that thoie persons who might have business in Court should be suitably accommodated before those individuals who , however much interested in the trials , only attended for their own gratification . To prevent a rash into Cowt bpriiers were erected at the several entrances , at eash of which a body of pol'ce were stationed . The Grand Jury tax we ? given up entirely for the use of the press ; and evety accommodation that it was possible for the High Sheriff te afford the numerous bedy of gentlemen who attended for the Dublin and London papers was given .
Every part of the coutt was crowded , and there was a very numerous attendance of banisters , exclusive of those engaged for the traversers or the Crown . Ibe specif 1 jo ' . jf-box wr * fi'led by the majority of the jurors summoned . Shortly before ten o ' cleck , Mr . Bourne , the Clerk of the Crown , and seveial other officials entered the Court and took their pltces under the Bench . Precisely at ten Cblef JustiC 9 Pennefather , Mr . Justice Burton , Mr . Justice Cramp ton , and Mr . Justice Perrin , entered the couit , and took the ' r seaM on the Bench .
The Attorney-General , * he Solicitor-General , Mr . Sergeant Wairen , Mr . Brewster , Q . C ., Mr . Hartley Q . C ., Mr- Bennett ^ Q . C ., Mr . Freeman , Q C , and Messrs Holmes , Srayley , Baker , and Napier , appeared for the crown . Mr . Moore , Q . C ., Mr . Hbdu , Q . R , Mr . Whiteside , Q . C ., Mr . M'Donagh , Q , C , Mr . Monahan , Q C , Mr . Fitzgibbon , Q . C , Sir C . OLoghlln , and Mosws G'Hagan , Close , O'Hea , and Peirin , appeared for the traversers , Mr . Shell , M . P . was also in attendance on behalf of Mr . OT . onnell , and appeared xpt id . Mr . O'Connell came in procession to the Conit In the Lord Mayor ' s private carriage , followed by carriages containing the other tiaveiseis and several ef tbe Aldermen and Town Council in the ' r robes . The Lord Mayor , who was also in b < s robes , wm in tb . 6 same carriage with Mr O'Connell . They were loudly cheered by the populace on their progress to the Court The Judges having token their reats ,
The Traversers : were then called , and on the name of the Rev . Mr . Tyrrel being rolled , Mr . Cantwell , with mnch solemnity , paid—My Lords , the rev . defendant has been called before another judgment seat , and his soul and body are now al . " ie beyond the power of this court In the interval before calling the jury , some little laughter was excited by Mr . Ford , the solicitor for the traversers , desiring the chair for tbe witnesses , which had been fixed on the table on a revolving pedestal , io be removed . He said tbe counsel for the defendants must see the face of the witnesses , and tbe farther off they stood , the louder they woald speak . The Chief Justice asked if tbe chair bad not been placed as a kind of fixture ?—( laughter ) . His Lordship was assured by the officer of the Court that it could be easily removed .
The Lord Chief Justice—O , no motion need be made about it yet— ( laughter . ) One of the jurors , Mr . Ben . Eiton , then applied to the Court to be axcused from attendance , on the ground of ill-health ; be Baid be bad not strength to sustain him through the attendance shonld the trial be a long one , in consequence of an injury he had received from the fall of a scaffolding in front of his own bouse . The Chief Justice told him he had better wait till the traversers came into court . An interval of time passed , during which there was no business the traversers not having appeared . The Chief Justice at last reminded Mr . Ford that the publio time was consuming , and that he should require the trial of O'Connell and others to be proceeded with in five or ten minutes . The traversers were then called on , and severally answered to their names .
Mr . O'Connell appeared along with the counsel for the defendants , in his wig and gown .
PROCLAMATION OF THB JtRY . Proclamation of tbe Jury was then made , which proved the commencement of a series of applications for exemption . On Mr . James Collins Papworth being called , a Juror said his name was Collins Papwerth ; another Juror said his name was Joseph Hamilton , and not James , as given in the list Several gentlemen not answering to their names , the Attorney-General requested that they might be called on with the usual fine , and then if there were any just ground for their non-appearance , of course it would be entertained . The Lord Chief Justice—Of course those gentlemen who have been summoned and do not appear must be called on , with fines . The officer of the Court then called on John Holmes , of William-street , merchant , to appear on pain of fifty pounds .
Mr . Frederick Stocken , physician , Baid he appeared on bis behalf , and , having been sworn , stated that Mr . Homes was unable to attend , having been confined to his bed by serious illness for the last five days . The next name called was Robert Smith Stnbbs , linen-draper , Dame-street Doctor Leech also appeared on his behalf , and handed in an affidavit to tbe effect that he was affected with asthma and other complaints of tbe chest , and consequently unable to attend . Geo . Mitchell , 20 , Lower Sackville-street , tobacconist , was next called ; and Mr . Carey , barrister , appeared for him , and handed in affidavits from several medical men , certfying that , owing to asthma and severe cold , he w ? 3 unable t- > serve . \ Indeed , he had been ill very long , and there was scarcely a fortnight but he was confined from the causes alluded to . A medical certificate and affidavit was also handed in by Mr . George , D * vis , solicitor , on the part of George Fowler , of Anglesea-street as a ground for having him exensed .
The Attorney-General then requested that the namea of James CoUina Papworth and James Hamilton might be called over . If ttfBre were su « h persons in the venire they should be called on fines , and if there was any misdescription it might be dealt with afterwards . The names of those gentlemen were then wiled . Mr . Moore requested that the service of the . summonses on those persona might be proved . Mr . George Fowler , Mr . John Holmes , and Mr . R . Smith Stubba were excused attendance on the grounds set forth in the affidavits of their respective medical attendants . Mr . Geo . Mitchell of SackviUe-street , was also excused standing as a juror , The deputy Registrar then called over the names of tbe traversers , and called their attentic : io the fact that the jury was about to be sworn .
Mr . Moore said teat as some of the jrrors bad not attended , and as the Attorney General bad applied to have their dames called over on fines , he wished that proof would be given of the notice served upon the joroM . Chief Justice—Mr . Attorney General you bive heard what Mr . Moore says .
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Xuo astorna / -General said oe had nouty ^ Ui ^ . Cunt the notice should bo proved . David Ireland was then called , and he proved tbe service of tbe notice on Mr . Papworth and Mr . Hamilton who had not attended . In raply to Mr . Moore , he admitted that the service was not a personal one . i No questions were put to the witness by the Counsel for tbe Crown . THE CHALLENGE OP THE ARRAY . The Clerk of the Crown then called Mr . J . Hamilton to be sworn as a Juror ; but before the book could be handed to him , ¦
Sir Colman O'Longhlin rose , and on the part of Mr . Daniel O'Connell put in a challenge of the array of the whole panel . He did not make any address , but at once proceeded to read the challenge which was of considerable length , and in the usual legal form . It set forth that the defendant , Mr . Daniel O'Connell , put in this challenge of the array of the Jury , on his own behalf , bsriuse that a list of the persons qualified to serye as jurors was prepared and presented to the Reeorder at tbe special sessions for the county and aity-of Dublin , and duly signed by him ; but that the Recorder did not according to the enactment in that case made and provided , deliver in a general list of such Jurors , in the order the Statute directs , but that on the contrary , he omitted so to do ; and that the eaid Daniel O'Connell asserts that the paper purporting to contain the names of such jurors was illegally and fraudulently made by some person or persons unknown ; and that the said paper did not
contain the names of all the persona qualified to Berve on the Jury , and whose qualification had been allowed by tbe Recorder , bbt from it bad been omitted tbe names of fifty-nine persons whose qualifications had been so allowed . ( The names were given : twenty-seven of them are understood to be Catholics . ) The challenge also stated , that at the time the fraudulent writing was returned the persons so omitted were , and still are , resident in the city of Dublin , and dnly qualified to be placed on the list : jit also asserted that from the said writing , purporting to be a list of the Jurors , a book was prepared , and from the said book was made np tbe list of the Special Jury for tbe year 1814 , and that the persons so omitted in the writing were also passed over in the Jury Book . The challenge then stated Mr . O'Cennell ' s protest against and challenge of the legality of tbe Jury panel , for these reasons—it being falsified by the omissions above stated . '
Sir Colman O'Lougblin said that similar challenges were being prepared for each of tbe other traversers , but that they were not yet ready . ; The document was handed to the Attorney-General , who for some . length of time appeared to scrutinize it very earnestly . : Sir C O'Loughlln said the other challenges would be identically the same in form , end stated that they might all be considered then , pro forma , though they were not yet completely drawn ap . The Attorney-General Baid that he had not seen the challenge till then—he bad not heard of it , and was not aware that it was about to be made . He therefore asked the Court to allow the Counsel for the Crown a short time to consider it He should expect , if all tbe challenges were to be considered together , that they would all be disposed of at the same time .
The Chief Justice—Have you i a copy of the Act of Parliament , Sir Colman ? Sir Colman O'Lougblin replied in the affirmative . The act was banded np to the bench , and the counsel for tbe crown then retired at a quarter past eleven o ' clock , to conau \ t together respecting the nature and form of the challenge . The counsel for the traversers also retired at the same time . < At a few minutes post one , the Attorney-General and tbe remainder of the crown counsel returned into court , when—The Attorney-General raid , lie wished before proceeding farther , to have the challenges of all the traversers handed in .
Mr . Moore , on tbe part of the traversers , put it to the Court whether the other traversers were bound to put their challenges at the present moment . The Iraversers were there perfectly ! separate and distinct , appearing by separate and distinct solicitors , separate and distinct counsel * i The counsel for one of the traversers , Sir C . O'Loughlin , hod put in a challenge to the array j on the part of his client , and he ( Mr . Moore ) submitted that the Attorney-General had no right to ask that other challenges should be put in before that already put in was disposed of by the Court Chief Justice—That would be shifting your ground considerably , Mr . Moore . It was mentioned for tbe other traversers tbat they only wanted time to prepare rimiloi challenges . : Mr . Moore—If tbat was done I do not think tbat I ought to proceed any further in the matter . Chief Justice—That we ? done in open court .
The Attorney-General—It may be proper to enter a suggestion on the record respecting the death of the Rev . Mr . Tyrrell . His name having been included in the indictment , the proper course would be to enter a suggestion on the record , to say that he is dead . Chief Justice—That bos been stated by the gentleman who wp *» his solicitor . - A pause of considerable length having here taken place in the proceedings , in consequence of several challenges not being yet ready , : The Chief Justice observed tbat there was much time consumed In tbe preparation of them . Sir C . O'Loughlin—They are all engrossed , my Lord , and will be ready in a few minutes . They are now being compared . Chief Ju 8 ttio £ —You ought to have come into Ccmrt prepared with them all .
The Attorney-General—I ennnot understand tbe coutbb adopted . In all these cases there might u well have been joint challenges a * separate ones . Mr . Pierce Mahony , one of the solicitors , observed , they would be ready and in Court in less than five minutes—( laughter ) . ; The different challenges on the part of the other txaversers were then handed in after some time . Mr . O'Connell—They are signed by Counsel , I soppose . Mr . Ford , solicitor for the traversers—They are . Tbe Attorney-General—I wish to see them . The challenges were then banded ; to the Learned Gentleman . ¦
The Attorney-General then rose to support the demurrer which bad been put in on behalf of the Crown . The argument adopted by the Learned Gentleman was that the challenges put in contained no averment There was no averment that the Recorder had not made out a list from the general list according to the respective qualifications of tbe parties , and there was no allegation that the Recorder , or any persons connected with him , had been guilty of fraud with regard to the omission of the names from the list . There was no averment that ! he did not hand over the list ea madfr out to the Clerk of the Peace . There was no averment that the Cleik of the Peaca did . not make out a proper list from the general list There was no averment that the High Sheriff did not receive
the jury list , and that he did not make out tbe special jury list from the 717 names ; there was no averment tbat the jury was not properly stinck and balloted for from the special jury list There was no allegation « f fraud , contrivance , or design on the part of the Crown , or the Sheriff , or the Recorder , or the Clerk of the Peace , or with regard to any person connected with them . Under these circumstances , he trusted the Court would not allow the challenges put in on the part of the traversers . It was to ta presumed primafade that the public officers had performed their duty , and as there was no distinct averment in them , the Court , he hoped , would not allow
them to retard this cause , which was now ripe for trial . It was absurd to suppose that the entire proceedings should be rendered null because a name might be omitted from the list by some person who was not known . The Crown was as anxious as the traversers poisibly could be to make out the guilty person . He contended on the authority of a case in 4 th Barnwall and Alderson , that a challenge to the array would not lie in such a case . Under these circumstances he trusted the Court wonld be of opinion that the demurrer they took to tbe several challenges ought to be allowed , and tbat the trial ought to be permitted to proceed . ¦
Sir C . O'Longhlin replied on the port of the traversers , and quoted Hayes and i Dickinson ' s Text Book , Bacon's Abridgment , the case of tbe King v . Johnson , and the case of the King and' Nolan in Hudson and Brooke , 164 , to shew that a challenge , to the array would be in a Special Jury case . With regard to what the Learned Attorney-General ! principally relied onnamely , tbat there was no averment , the fact was , that there was ei distinct an averment as it was possible to make . They distinctly attributed fraud with regard to the Jury list , snd the omission of certain names from it to some person ; but who Was the precise person on whom to fix tbat fraud , it was ] impossible for them to say . This fraud must have been committed before the list came into the hands of the Sheriff . The Attorney
General did not dare to deny [ that the special list was illegally snd fraudulently made oat . They distinctly avowed that no general list was made out ; that no general list was banded to the Clerk of the Peace , and that the Recorder neglected to do so . The Learned Gentleman then went on to read from the challenge to shew tbat the averments bad been mode as distinctly as possible * and in fact ia the very words of the statute He did not think the Crown onght to press the trial under rach circumstance * . It was no objection to say that the guilty person could be punished for omitting the namea ; for what satisfaction was that to a person found guilty , it might be , ot a capital offence ? Mr . Fitzgibt on argu 6 d on the same aide with Sir
Coleman O'Loughlin . He said , the zeal question in the esie wpi , whether the list was a good one , and he would undertake to show it was not . The Legislature was most precise in tbe language It used with regard to there being a proper list But for this list what bad been substituted ? The traversers had not shrunk from placing on their challenge an averment that they were no psi ties to the fraud which had occasioned the omission . The whole argument of the Attorney-General amounted to thic—that some ; Individual had been dexterous enough to filch from the desk of the Recorder the l st of the jurors , and to decimate the whole of them ; for the omission of fifty-nine I names amounted to about a tithe of the number ; and tbat if an ; person bad dona
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¦*) toi'U . iii ' . <> ue [; u ! , uiic- « . aua iu »; uu c-u ^ Attorney Gt-neralt would assist in doing so . He would assume that it was the Recorder ' s footman who had done this ; but did tbat make the Recorder ' s couduct more legs ! or proper ? The law said that the Recorder shall make out , or cause to be made out , a list comprehending ol the names qualified to be placed npon it Had hecaucsd this te be done ? The answer was plain and evident that be bad not The traversers , therefore , objected to t 3 tried by a jury so fraudently constructed . If he could suppo-s—what , perhaps , it was difficult to suppose—a Crown prosecutor desirous of doing justice , and justice only , he would have been careful that not one of his steps towards bunting a fellow-subject into a prison should be tainted by illegality and fraud ? Would he
not gladly have embraced the opportunity now offered of correcting this error ? It was not too late : it might be easily accomplished . They had only to have ad- * journed tbe Court till to-morrow , and in the mean time to have mode inquiries of the Recorder if the fifty-nine persons were duly qualified ; and if they were shown to be so , they have said let the fifty-nine namea be put into the box again , and the jury drawn with them . The omission vrotiVd thus have been suppliftd . He knew that every public officer must be presumed to have done his duty till the contrary was proved . Wrs not the contrary proved in this instance ? He contended that the g .-ossest negligence hod been proved against him , and yet they were asked to presume that he had done his duty ? It was one of the first principles of law , that fraud vitiated everything . It would vitiate a judgment of their Lordships—it would
vitiate a judgment of the House of Lords . But in nothing ought fraud to be more guarded against than in tbe preparation of tbe list of those who were to pronounce ou the guilt or innocence of a fellow-man . They bad heard a great deal , of the mischief of delaying justice . He agreed as to the mischief of delaying justice—but there was a very great advantage in delaying injustice . He denied what had been asserted , that the K » t of jurors for 1844 was to be taken from the list of 1813 . The Attorney-General had not painted out one defect or failure in the averments of the challenge . He asserted that there was no averment that the Recorder did not hand in a list ; cettalnly there was not ; bnt there was an averment tbat he basded in an illegrl list . Had the challenge denied that a list was banded in at all they wonld have immediately been met by a question of fact , and full proof would have been given that a list was fnrnished . He contended also that tha
legislature gave full powers to rectify the list if any errors have been committed in drawing it ap . And were they to have no remedy ? Why , then wn there given tbe power to challenge the array at all I He did not cast oue singe imputation on the integrity of any one of the twenty-four gentlemen who bad been selected . He was against the whole principle on which tbe panel had been constructed , and the legality of it as constructed . The SOLicitor-Qeseral then rose . In commencing his addrea ? , be regretted that his Learned yourg friend had , from inadvertence , used the expression of a " packed jury . " Such expressions went abroad , and produced an imputation most injurious , although they were croundksa and unwarrantable . He then pro *
ceeded to the question of the challenge , tbe legality of which he supported , on the ground tbat there was a difference between the challenge of a jury on the ground of a want of impartiality on the part of the Sheriff * and the challenge of a juty where bo such partiality was alleged against him . He quoted several cases and reports , to prove the inconveniences of allowing the challenge in such cases . He also strongly con * demned the harsh terms which had been applied to the conduct of the Rscoider , who was not before the Court , was unrepresented by counsel , and could not reply to the aspersions . He then proceeded to notice the leg-1 consequences ef that alleged misconduct , and restated the argument of the Attorney-General , that certata averments which ought to have been made in the
challenge , in order to 'support it , were not inserted . He argued also that , even allowing that the Recorder had been guilty of negligence tbe consequences of tbat negligence amounted only to this , that the list was not so perfect as it might have been . But it was not denied that some list or other was mode . The jury-book is not to be looked on as a nullity . There may have been a wilful omission ; if so let the officer ta punished , but it still remains the jury book . In the challenge on the other side there is an averment that Mr . O'Connell was not in any way a party connected with that unknown fraud of those unknown person or persons , nor any person employed by him . That was not included in the affidavit ; it was omitted in support of the challenge .
Mr . Fitzgibbon Baid the Solicitor General had no right to notice the affidavit . He could not support his law argument by reference to an affidavit not before the court Solicitor-General—But it had been observed that there was alleged forgery , and the challenge is for the omission of names that it is stated ought to b » inserted ; vrhile the very counsel who argued for the challenge had to admit that he had nothing to say to the jury—so that , in point of fast , the challenge was bad . It was bo in point of law . It omits many
averments—it makes the whole case perfectly consistent as regards us—so much so , that the challenge ought to be disallowed . The Learned Gentleman having concluded , tbe court were about to deliberate , when Mr . Moore , Q . C ., interposed , and said that be had been instructed to make a proposal on the part of his clients , which would have the effect of preventing any deliberation upon the argument . Ho would consent that the panel be referred back to the Recorder to place upon it tbe names which were omitted , and the traverSers would , thereupon , go to trial forthwith .
The Attorney-General strongly objected to that course . It was a proposal which , as a lawyer , Mr . Moore must know to be anything but correct , and , if acted on , notoriously in violation of the law ; and he ( the Attorney-General ) thought it highly objectionable in any barrister to stand np and make an offer with respect to which were he to agree he would be guilty of a grosa neglect of duty . Were . he to consent , it would be open afterwards to any person , who was a defendant in a Special Jury case , or a prisoner in a criminal case , to neutralise tbe whole administration of justice throughout the country . Such was the offer which the Counsel for the Traversers bad made , aud which , if acceded to , he wonld be unworthy to held his office a single hour longer .
Mr . Moore stated that tbe Attorney General bad grossly misconceived the proposition be bad made . He was astonished tbat any lawyer could have supposed it possible that he would be guilty of so monstrous on absurdity as that which had been imputed to him . Ha disclaimed the proposition altogether . What he had suggested arose from the instructions of his clients , who were anxious to get rid of an argument which had been powerfully put forward . And he merely proposed to refer the panel , in this particular case , by consent , and not to interfere in any other c ?? 88 . With great respect he Would say that he trusted he had in tbe instance adverted to established no ignorance of tbe duty of bia profession . This observation elicited a burst of applause .
The Attorney-General having stated tbat he trusted in any future similar exhibition to that which bad just been displayed , the Court would order the gallery to bs cleared , said that he reiterated in the bearing of every person who had heard what had taken place , that Mr . Moore did call on htm to do that which was illegal . What he did ask him to do was this : he called on him to consent to have the Jurors' book amended by the Recorder ; and he ( the Attorney-General ) would say that that could not be legally done . Mr . Moore , however , might not have intended that which had been conveyed to the Court and tbe public . He ( the Attorney-General ) repeated that the Court eould legally do nothing now * If he had consented to such an arrangement as that proposed , the legality of every other proceeding that might occur with respect to other defendants in 1844 would be invalidated . Ha reiterated
that assertion . JDPGMENT Or THE COURT . Tbe Lord Chief Justice , in delivering judgment , said —The majority of-the Court in this case are ef opinion that the demurrer must be allowed , and , consequently , that the challenge must be overruled . The subject matter is not new to the consideration of the Court , inosmucn as the argument on both aides has embraced circumstances with the greater part of which tbe Court were occupied pretty nearly the entire of last Friday . The Court then gave judgment , and upon every consideration I have been enabled to give to tbe subject since , I have found no reason to find fault with the judgment which the Court then through me pronounced . To judge of the whole matter , it is necessary to
consider what the law is under which these proceedings have taken place . It 1 b a code of laws , I may say , incorporated into one enactment , the previously exist ing laws with regard to the regulation of jurors being thereby essentially modified and altered . I shall now take the liberty of stating my general view of the enactments . The Act of Parliament Is made up for the entire kingdom : it is not an Act of Parliament restricted merely to any one county in the Kingdom . It ia not an Act of Parliament restricted to the cose of the Queen against O'Connell and other ? . It is an Act of Parliament intended to be a statueable provision for the appointment of jurors throughout the entire portion of the kingdom called Ireland during the ensuing year . Now what are the steps that ore to be taken under it f The Act found already provided a number of officers , some of high rank and distinction , others in subordinate stations ; some , like the Recorder ,
with high judicial powers , and others again mere ministerial officers , entrusted in different stages with the administration of the law m connected with the enrolling and the preparing the list of juries , from which juries are afterwards to be selected . These ia that grand distinction throughout the entice that of . the one class some officers are judicial ; of the other class they are all ministerial . The Recorder is judicial , the magistrates at sessions ate judicial ; the sheriff is ministerial , the clerk of the peace is ministerial , and the collectors are also ministerial , and nothing else . Now , according as officers are of a judicial 61 of a ministerial character , bo , in different ways and degrees , is entrusted to them the carrying into effect the operation of this , statute of parliament . And I may observe this , that although the act contains a great many provisions—although it appears to be on exceedingly well-conBldeied' act , intended to provide for a general system connected with the administration of ( Continued in % w Eighth ptge . J
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m JtoUABT 20 , 1844 . TffE NO R TKERN STAR- 7
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Citation
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Northern Star (1837-1852), Jan. 20, 1844, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct1248/page/7/
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