The National Register. — London, England, 1811-12-01 00:00:00

THE NATIONAL REGISTER. at !Arty-street—heard hi: name, to the best of his recollection, mentioned—did not see him in the Chapel—knew his person, and heard that he was one of those concerned in the delegatinn. Mr. Justice OSBOttb:E —But in the information before us, you do no- speak as to your belief—you swear positively that Dr. Breen was one of the persons chosen. Cnler Jus ricE.—Then you swore positively to a man you did VOL see. Witness ordered to retire. Mr. Barrows then rose, and addressed the Jury in a strain of eloquence, and displayed reasoning powers, e ven an t i dea of which it would he impossible to convey to the Reaer this event:lg.-10 our next we shall lay before the Public a rum, and weer:an - re Report of the proceedings on the second Say of this important trial. On this occasion Mr. Burrowes has raised the already elevated character of the Irish Bar. Perhaps. in a Court of Justice, there can he remember , d few exhibition; equal, in point of ability, whether we ccnsider it as addressed to the understanding of the audience, to the temper of the Jury, to the policy of the case, and the Law under which the Catholic Gentlemen were indicted; an appeal so powerful, so, convincing, we might say, so overpowering, was ever yet made. The Learned Counsel hegar by arraigning the conduct of the Crown in the formation of the Jury. He lamented to have witnessed that there was not more decency, or the appearance at host, if it was no mole, of justice on the part of the Crown. He did not lay blame to his .Majesty's Attorney-General, whose virtues aril ta]ents.• he took occasion, repeatedly, in a speech, which lasted upwards of three hours, to panegyrise. rie was convinced, that that honourable and upright man would lint he privy to any act of meatiness, of unconstitutional and illegal interference on the part of the known agents, instruments, nay, the very creatures of Administration. It was notorious, that oa the Jury, there was not a single Catholic, in a cause in which their interest was so deeply concerned. Ile reflected upon the circumstance with pain, out unmixed with a considerable por tion of dismay, that in 2 city, NINE-TENTHS of whose inhabit ants consisted of Catholics, not one was to be found on a Jury in which the Catholics were to he tried. It was, he feared,. ominous for the country, when Government had recourse to such paltry art fees. Nay, the only Catholic on the Pannel was instantly objected to—but that was not enough for the Crown—it was not content with obj. sting to the solitary Catholic—hut in the spirit of liberality which so very honourably distinguished the Administration of the country. it objected against TWENTY-two Protestants upon no grounds whatever. These Protestants, it should seem, were under the suspicion of . being suspected as friends to the great Catholic cause. But the very circumstances of these shameful challenges put the present Jury in a most delicate and awful situation. The eyes of the country were on them.—From the partiality evinced by the • Crown to their selection from among so many other 4. f their excellent and l beral fellow-citizens, it would. naturally he con cluded, that they were prejudiced and illiberal. Ile did not insinuate that they were, he believed in his heart that they were not—but s-e the siination in which they wens placed by the Crown, a sittatrion, he would contend, net only hoirtireite but also unconstitutional. They would, however, he felt convinced, rescue themselves from the icculiarity in . which they were so unhandsomely placed, as contradistinguished from their fellow citizens. Mr. Burrowes then went into the matter of the trial before the Court. As we have. already said, it would he imposa• Bible for 11P, this evening, to enter into any thing like a det a il of this admirable forcrsic di,play. He first addressed himself to the Facts, then to the Law—next to the Hist-ry of the Catho lics of Ireland, and finally to the Poliry of the Irish Adminis tration. In all t: ese divisions, Mr. Barrowes was supeoemi trendy happy. Indeed, the union of honesty and talent was eminently conspicuous in this address; and we never saw more powerfully xemplifi«i whet great virtue, aided by great ability, as able to eerf .rm. lii the ci lto:Al his speech, Mr. Burrowes pronounced a panegyric on the Fa st PR LAS or !area airo and stigmatized, in !•is powerful and in+aseion d langtrge, the incendiales ' and slaves iei.od by the Ca-tic to influence the popular mind, and to h:s lnie the people to madness. After he had sat down, th.re was a murmur of applause and he was eeneratulatea on all sides by his triends. When Mr. Burrowes Lad (-morbid. d, the Counsc I for the Traverser, relying upon the evidence of the Crown, and the law and justice of their casr. declined canine witnesses, or - cii:cupvieg the att ntion ef the Court and Jury on a case which they coosidcred already proved for their client. - The itor-General rose to reply. • Jr. Guold objected on 4 0 : ground of usage, that the Crown Lawyers, -except in c7S , _:•; *; * - ibt:ti evidence wartendertd on the par: of the Traverseri had no ri;;lit to rcply. 'l hr etc o:t the ri?,ht. Justici. ()snot: N wihhed for Ft ccdcrits to estah'ish tl,e right. CiCetineti said, that Mr. Justice Day ruled in the case of Williams (we think), on the List Alunster Circuit, against the right claimed by the Crown.in those cases. Mr. Ju .t:ce DAY assented. Mr. Bellew said, that Mr. Justice Osborne ruled a similar case at the Assizes of Waterford. _ Mr. Justice OSBORNE asse nted. Mr. Byrne cited a case from Reports made in the time of Lord Kenyon, in which that able Judge had strongly r,:probated the practice which Crown Lawyers a.sumed of speaking, when no evidence had been produced by the Traverser. Mr. O'Conucll immediately read the passaee, and, in corro boration, cited the case of Vtraltcr Cox, in which Lord Notbury and Baron George decided against Serjeant Moore who essayed a reply. Mr. Per4in stated the particulars of the case, in which the Chief Justice of the Camino- Pleas that the rig.it of the Attorney-General was a personal right, and could novbe trans ferred to his brot her. • Mr. Justice OSBORNE was rather aglinAt the practice. Mr. Ju.,tice DALY thought that it was established by analogy. Mr. Justice DAT was RATHER inclined wall his Brothers. Mr. Bedew algned acutely aglinst the right claimed, The CH ter Jul; licit did nut think the case in Lord Kenyon went to the present instance. Mr. Burton slid, that perhaps the Crown would wave the right, and allow the case to go to the Jury. Mr. 801 l insisted on the right of the Crown. Mr. Solicitor General would not give up that right. The iltNrney-General coincided with the Solicitor, and in. sisted on the right. The C4IE7 JUSTICE at length determined in favour of the CROWN. Mr. Burton then asked—" Whether since TWO CROWN LAW YERS were allowed to speak, where no evidence was adduced on the part of the Trayerser, another Counsel would not be allowed to hi* clients ?" To this the Court, after some hesitation, assented. Mr. Goold then, in a strain of eloquence so peculiar to him. self, and which fasc:nated the Court for more than two hours, touched upon all the leading topics of this great cause. The Solicitor- General replied with great animation and force, and concluded by observing, that a new body, the Catholic Convention, had arisen in our political horison, obedient to no rules, governed by no attraction, a stranger to our system , and which menaced its ruin. The CHIEF Jus - rter, after recapitulating the evidence, pro ceeded to define the law. We could not discover, in his Lord. ship's speech, any shade of distinction from that delivered on Thursday by his Majesty's Attorney-General. After about an hour and a half'( charge, the Jury retired. Mr. Byrne rose, and inquired whether the indictment on which the Traverser was tried. was handed up to the Jury The CHIEF JUS FICE said, that it was not usual nor neces , ary. Mr. Justice OsBORNE thought that , the indictment might have been read to them, if they wished it. Mr. O'Connell contended that the Jury should have a copy of the indictment on which they were to decide. While the point was pending, Mr. Geale, the Foreman, and Mr. Pepper returned into the box, and requested a copy of the indictment. They took occa sion at the same t►me to inquire, whether the Jury could bring in separate verdicts for the two counts laid in the indictment. He was answered in the affirmative, and the Clerk of the Crown having enlarged the issue, the Jury again retired. It i; impossible—indeed language sinks under the effort—to describe the state and anxiety manifeted while the Jury were in their room. Although it was nine o'clock at night, yet the hall of the Four Courts, the Court of King's Bench, all the avenues leading to the Courts, the very attic windows at the top of the Courts were crowded with people. it was announced that the Jury. had agreed to their verdict, after an hour and an half's deliberation, there was a deep silence for a minute.--Mr. Byrne, the Clerk of the Crown, then called over the names of the jury, having answered, Mr. Geale, the Foreman, handed down the issue—Not Guilty. The word was scarcely pronounced, when a peal of huzzaing and shouting rung through the Court and plleries, and shook the very judicial Bench. It was caught by the anxious auditors in the Hall. The Judges attempted to speal—the Officers at• tempted to act—the enthusiasm deafened and d-stroyed every tot! mpt. The Judges waited for some minutes, and the Chia Justice attempted to address the Court, but he could not be heard—nothing could he heard but the loud, the overwhelm in„ torrent of popular enthusiasm. As the Jurors passed through the Hall, they were greeted with w.•ving of hats and clapping of hands; our excellent, worthy, and truly virtuous Sh riff, Robert Harty, was received with the most unbounded tumults Qi approbation and applause. 4. 0 I P - "" ii. - • - . 24 ".011624'. -4*** .• ' - •A • - 1 , -