The Sun. — London, England, 1812-02-03 00:00:00

Lord Fingall Ould i preside at any had an illegal objet rt View ? H i e said he would answer that question by a paralThrase; he was nut a ccurate to th e f ou r th r e sOlutiorr. Witness-was de sired by the Court to give direa answer;. Cannot tell whether there was any variation- bet'\'veen the evidence and the infOrmation.HeSwore before the Chief Justice. John Shepherd sworn.—ls a Peace Officer of the Head Police Office : attended, by a direCtion, at 1-iffey-street Chapel, on the 31st of July last. Dr. Sheridan presided. The chapel was very full. Mr. the Traverser, addressed the Chairman: The first thing done - was a Petition, proposed by' Kirwan to the Prince Regent, about the laws aff ealing the C at h olics. The Motion to that effeCt was carried unanimously. Mr% Kirwan made an- other Motion, to dee five persons to represent the R oman Cath o li c inhabitants of St. Mary's palish, s to pre sent the - Petitian and to transact` the -other b usiness , of .their parish, in the General Catholic C ommittee, Counsellor O ' CONNELL Urged again the objec tion sugge s t e d b y Mr. Pert in. The objection was aver -ruled. The examination was continued : _ The Sec on d R esolution, That seven persons, not C andidates for the Committee, .slNld be chosen to boathe five. This mo d e w as p ut as id e ; as some y asked, did not Mr. Kirwan know, that a pro clamation was issued. 'e-nPpositi on was w i t hd rawn , an d t he or i g i na l Pr° P ° silion was cart ied. Witness saw some of the S even persons nominated ; saw theM retire and re turn : befor e they, retired, they asked how they shouldi know the candid a tes, an d they w e r e t o ld hley would get a li s t, w hi c h was accor di ng ly g i ven . On the return of the seven persons, a queStion was Put by Dr.-Burke, from the Chair, whether Dr. "n aerid tobe an elhose name wag returned) was a fit per `ected to the Committee? The question Was carried unanimously. Dr. Burke then quitted l i e c hair, and Dr. Sh er id an resume d th e c h a i r , an d e (Dr. Sh er id an) t h en put t h e quest i on on t h e ot h er suur, who were elected... Cross-examined by Mr. BORNE. se, Ca n you tak e on . y ourse lf- to sa y th e wor d "repre was i ll t h e R eso l ut i on ? — I h ave not a d ou b t , put it was in the Resolution. When did you last read your notes ?—Not s i nce the 22 d of last NoVember, the day he found them: th ey h were in hi s d es k i n t h e H ea d Offi ce o f Police— as not the notes. What did you do with them ?—Gave therb to the Crown Solicitor, Mr. Keinmis ; three days after he "lore the informations, he got a copy, but could, not (afte r a long pause) say who.gave him a copy of the information. Can VOU form a belief?—He was several times asked this question, but he could not tell ; the ori ginal lay .constantly in the office; the original infor mations kit the office. • W here did you get the copy ?—On my oath I can't tell. , How does it happen that a man whocan swear to Particular words of a Resolution, cannot swear.un what day or from what person he received the copy of the information believe from Mr. M`Do n°gh, the person who attended as a witness. T 1 'lid you lodge examinations aga i ns t D r . B reen Breen was included, because, he heard his name • Mentioned. 'Witness admitted that Dr. Breen was .arresied, and in confinement abut half an hour in . t he Police Office. Here Mr. Borne called for the inf ormations sworn by Shepherd against Dr. Breen. • Coon acceded. The ATTORNEY-GENERAL SOcrcreSteti-the propriety esp 474. the Court inspeaing the informations, lest their exPosure might be attended with public inconve nience. - Mr. BORNE cited Lord Stafford's trial, where it 'Was admitted that the depositions before a Magistrate were allowed to be read, in order to impeach the credit of the witness. Judge o,Bonaz wished the course observed on trials should in this case be adhered to, namely, to l eave it to the Judge to insped the informations, and that the Counsel should point out the tarts Ithicli he suspeds would impeach the credit of the witness. ' J udie DAY said, that his experience was to allow the priso ner t h e i n f ormat i on 1 . (31 - soch a purpose. Mr. BORNE said, that the practice was so in Eng land. t ATTORNEY GENERAL said, these informa lcms were the property of the Crown, and •in the tostodv of the law, and therefore he would obje& to the produaion of this document. • . - The Court ruled, that that part of the informa tion relating to Dr. Breen should be read. Witness said; that he did not swear positively against Dr. Been, as one of the persons named : he ( lid not know any of the five personally, but he :Wore merely because their names were Men "oned. How did you know ?—Only by hearing their "mes mentioned. Since the last trial, did you converse with any Verson ?—Certainly- not—not even with any person in the Police Office. Did any person speak to you about the trial N(3.. No ?---Oh, yes—relative to the trial; but not for bias. Witness desired by the Court to answer. "Witness said, that the only conversation he ever Ilad (a l o ng p a u s e) was, on Sund a y l as t, w ith y oung 'lad,K.emmis. Where is the copy of the information you had on last Saturday?--I cannot say. Where did you leave it ?—I gave it to M‘Po noel', the second Clerk. On what time on Saturday ?—About four o'clock. lie thought that M'Donogh is the man who would, be examined : he has another copy of 'his own— ,both have copies. [Here Mr. Borne said, it was a well kept Office] • He believe M'Donogh destroyed his notes : can't say the particular time. Why do you believe he destroyed them ?—Be'. cause I heard him say so. The Court adjourned. SECOND DAY, Drd. 29. This day, upon the sitting of the Court, Mr. 1 31)11'1'0 Y made - an application, that the notes ot- Shepherd, which hAd been prod..iced yesterday, ',should be gival into the hat.ds of the Counsel for the Iraws , cwr Mr. JOT said 116 vroota corige . nt, provided they tw'erwallowecl to be given in etidence. CHIEF JUSTICE. —They `were handed to Mr. Burrowes yesterday, but no observations can be made upon them, unless they are read. Mr. BuryroN.. 7 .-How can I exam i ne Shepherd concerning them, unless I see them ? . CHIEF jusTicE.---Yogi may call the witness; and ask him any questions which the notes may suggest to you ; they were handed to Mr. Burrowes yester day ; but there can be no observations made upon them,' unless they are read: Mr. BURROWES.-Upon the jumbling of the notes together, surely there may be an observation, although not upon the contents. Judge DAY. — Y,esterday, Serjeant •Moore flung down the notes upon the table, and said, there they are for' you : what was'that but that the. Counsel for the Traverser might use them as they pleased ? Serjeant , MooßE.—As my name has been men tioned, it is necessary that I should say, the. obser— titian concerning them comes from the other side. When they were produced, they were shouted for with,exulation from the o th er s id e , an d with .the same spirit which has manifested itself throughout all these-prOcetaings they were seized by manna! force. Mr. BURROWES—I feel, af ter w h a t h as b een said, it is necessary that I should exculpate mself from so indelicate an at as laying violerq hands upon the paper. I solemnly assert, that the Learned Gentle man -told me I should have a copy, and he did •vio late._that engagment. Serjeant Moore—They were got from ibis side by stratagem, and they were got back in the same manner, Judge OSBORNE.—We will put the adjournment out of our -. consideration. We left them in the hands of Mr. Burrowes. I decided he was not en-, titled to a copy of them; but any other use he is certainly entitled to:. We left them in his hands when we last saw them, and they certainly should be placed in his hands again. Mr. BURTON.--I am very sorry that any alterca tion should have occurred on the subject. It will fall to my lot to ask tht, witness some questions. It is said.they.are not 11P-Donogh's ,notes . ; upon read ing them it might be necessary to ask him some farther qkiestions, and to compare Shepherd's testi mony with M'llonogh's The CHIEF JUSTlCE.—Produced, as the notes were, you certainly had a right to look at them, and examine Shepherd from them. if you thought necessary; but if they were not given in evidence, you had no right to copy them fur any other pur pose. James M`Donogli, a' Clerk in the Heap. Police Of fice, examined by Serjeant BALL. This witness swore to his having attended the meeting in Liffey-street- Chapel, on the 31st of July, along with the last witness, Shepherd. They went up 'to the gallery. Dr. Shet idan was ap pointed Chairman : he was in- the Chair when they went in. " Did you observerny perion address the Meeting ? —Yes; Thomas Kirwan. The witness then point ed out the prisoner. What, was the subje6t of his address ?—He pro posed that an address should be prepared to the Prince Regent, and a petition to both I-louses •of Parliament, praying the removal of the Penal Laws, which are still in existence against the Roman Ca tholics of Ireland. What was the fate of his proposition ?—lt was seconded by one of the persons present. Did any person put the question upon it ?— y es ; Dr. Sheridan, the. Chairman, did, audit was carried unanimously. Was there any other motion made ?e---Yes. By whom ?—By Mr. Kirwan. , . What was -it ?:—He moved that five persons should be appointed to prepare the petitions, and that the same five persons should represent the Roman Ca tholics of the parish in the General Committee. Was his ,Motion seconded ?—lt. was, and carried. Was there'any other motion made ?—Yes. . By Whbin ?—By Mr. Kirwan ; who proposed that seven per Sons should be chosen to appoint the five ; but that -none of the seven should be eligible to be of the five,, What was the fate s of that motion ?—lt was se conded and carried. - Were seven per Sons nominated, pursuant to that Resolution ?—Yes; Dr. Sheridan nominated one, that person nominated another, and so on, until the seven were formed. Were the seven persons so nominated present ? I believe they were. What did they 'do ?—They‘ retired for about ten minutes from the place where they were standing, and returned again. What were their names ?—Dr. Sheridan, Tho mas' Kirwan, Henry Edward Taaffe, William Sweet man,-and Richard Shiel, Was Mr. Kirwan's name put ?-=-It Was. Did Mr. , Kirwan decline being one of the Com mittee ? No. How did-he behave?—He returned thanks to the Meeting, and said he world discharge the duty of the trust reposed in him, to the best of his ability, or something to that &lea.' Did yOu hear any thing there of a Proclamation being issued ?—Yes; early in . the business of the Meeting, some person was about to make some mo tion, when he was interrupted by somebody else, who asked, " Did you not hear 6t' the Proclamati on ?" and said his motion would only: retard the bitsiness of the day; and the intended motion was dropt. Cross-ex3mined, by Mr. BURTON. YOu were examined at the last trial ?-1 was. So were Shepherd and Huddleston ?—Yes. Do yon'take updn yourself 'to gay that any pre cise wards were mentioned, when you said in your evidence, in words to that effect ?—Nu. Yon were em , ed to take notes of what passed there ?--=-Xes: Who is Your Commanding Officer; was it • Major Siry?—No. When did you last see Shepherd's notes s—On Sunday last. • Who shewed them to you ?..:Young Mr. Kem mis. Was Shepherd by ?- 7 -No. You read them . then ;-I looked over them,.l be lieve ; I did not read the whole of them. Did you know the motive of his giving them to yon ?—No. . - • • , , t . 4 , • Of sWearitt tnforimrions ?—t did not 'know that I. was-i 0 swear t 1 ), informations when I went there. So, then, yob did ; not know whetlier yop were' to give informations, or to give evidence )—No; only . to take‘noies. - ' How many were in the Chapel ?—About` one hundred. Before the business began, I got a' front seat in the gallery, opposite the Chairman. Did you ever take notes before 1--Never. • Of course when. the business began, you' . your pencil and..wrote away I—Yes. - Did Shepherd sit next you 1--Ires: 'He did the same?—Yes. • Of course. you followed the speeches as exactly as you could I—Yes, as nearly as I 'could. You never altered Meth after - Ward but to put it into writln t ,cr. " SO then yon-dictcopy . your notes afterwardo— . Did Shepherd do the same;—Yes. And did you and he'nevereomp,:lre your notes ? —NO ;' I did not copy the whole of mine at the Did' your notes and Shepherd's agree ?—There was alittle difference. :Did you ever see Mr. Kirwan before that-day ? —No. Did you ever see Dr. Breen•before ?—Yes I saw m several times before. You knew him than ?—Yes; but I did not see in that day. I heard. his name as one of the seven persons nominated. • Did you swear he. was . there ?—On my return from the Chapel, I passed. on with Shepherd to wards home, I think,l saw Doao(Breen come out of the 'Chapel with the crowd ; and' befOre I left the Chapel, I heard Doetor Breen's nathe. I men,. tioned it.at the same time to Shepherd.' . • You did contrive to swear, in your informations, I hat Dr. Breen was one of the seven who retied ? —Yes, I believed'he was there, but I did not see nin). Did you not swear that all the seven retired Yes; but I did not know them all. Did you put into the information all you . had on your pencil, or did you transpose any part of, it No. Do you know the meaning of the word trans pose ?—No answer. When did you first see Shepherd's notes ?—The dap he copied them; and I saw them the day he swore ins iniprmalion, and again last Sunday. They are not word for word the same as yours ? —No. You forgot when you said upon the last trial that you took no dotes ?—I believe I did not. [Here Mr. Burton read from Ridgway's Report of the Trial of Dr. Sheridan,.part of the evidence of the witness, which, it was' relied upon by Counsel for Traverser, was in dired - coniradiCtion to his pie. sent testimony.] You then swear you never made a copy of your notes, or took an abstrajt from them ?—Never ; but the informations which I swore. If you did say it before this, it was not the truth ? —I copied part Of them. Was the word represent used at all ?—I am per- tain it was. Did that certain knowledge come to you in your sleep, or from any other person since the last trial ? —I have seen nothing but the information since the last trial. You saw them- before last - trial ?—Yes, some short time.. You took them word for word, and yet, as on the last trial, you sa►d you were not positive?—l could not positively say Wien. Have you talked with any person about this since ?—None, but with Mr. Kemmis, last Sunday. Why, I thought he only , asked you if you knew Shepheld's notes ?—1 did not say that was all which he said to me. What else then did he say to you ?—He asked me to repeat part of the Particulars which took place. Is it that circumstance which has refreshed your memory ?—I received no farther instructions from him. The reading the information refreshed my memory. You say you know the meaning of the word represent ?—Yes. Did it make a strong impression en your mind, when you first heard of it ?—I cannot say it did. You could not be positive before ?-Na ; but I am now. Upon the last trial .you,said the word was "pre sent" or " represent ?"—No, I did not ; I recol lect perfectly well what I said then. You heard the motion put from the chair, with the word " represent ?"—lt was put by Dr. She ridan. Did you not say, half an hour ago, you did not recollect whether it was put or not ?—No. Du you recoiled you told Serjeant Ball you ,could not recoiled ? do not think I did.` Recollect—you are amending and altering your evidence—will you now swear that Dr. Stieridan put the motion, with the word " represent - ?"--1 believe he did. You have said that a resohition was.proposed and withdrawn and something said about a 0 - Oda:nation ? —Yes. Have you a precise recolleClion of that ?—Some • person was about to move it. • But no words of the resolution were mentioned .•—No, I believe not. Why, you took notes when this motion was made ; tell me what they were ?--Some person was about to make it.- Did you - not say this moment the motion - was actually made ?—No, I did not say it was actually. What distinction do you make.between " made" and " aaually made ;" I want you to say it was or , it was not made ?—lt was pronounced or said. Have you riot said you took the substance of what . took pace ?—I do not tecolled. Then you are under an uncertainty whether the _the .motion Was made or withdrawn ?—He was in-' terropted; and could only say a word or two. Can you recoiled what that word or two was ? No. Since your last trial you have refreshed your me momory—have you read Mr. Ridgway's or any other tepOrt of the trial might have seen a report in the newspapers, but 1 am not positive. You said-upon the last trial that you not read the report saw it, but did not read it. [Here Mr. Ridgway's report was read.] —I took it inerel)> out of my desk to refresh my memory, hilt did not n.a,l it T3y the CO - uaT.-1. - ou swear positiyely the word, "represent", was in the secand resolution;—why were you not. positive of this'u'pnn the last trial"?— Because I read the report later now than betore. Then it was:from reading the informations .you refreshed your memory ?—lt was. , • TheATTORNEY-OHNERAL—Upon ,the last trial the question at law W3S understood to he the only question ,contested ;, we therefore,did not then give the. proclamation, which issued on that day. It evident.that the procldniation was a:iuded to at the Meeting, which eunneaed it with the evi:lence. Bußaowris.—Ladmit. it to be given es evi dence, although, in fad, it wasnotissued until the evening of the day before the meeting. Here the case was closed on the part of die Crown... • „ Mr. BURRoWES. - -Before I enter upon the de fence, I must inform the Court, there. i; a final va riance ,between the evidence and. the.,indiament and:it is with the utmost.auxiety I state it, that the - public. mind .may. have a respite from the agonizing suspense Which" it so acutely feels. [Here; Mr. ißurrowes was. interrupted by the Court, who wished to know if he was speaking to - evidence ?] - I wish to state a.preVious objefiion to the india-r ment, which, if I have the Court with me, will put auseud..at onre , ,to those proceedings. I am now going,to the Convention Act, not with a view of controverting, in any manner, any position laid down hx the Attorney General:; bull am assumingahat the Act bars every species of delegation whatever; and pur suing that, I thiuk.l cart, shew the Court a decided va riance bet weenthe ease and-what is spread upon the record. I will read the Alt to establish Oils position. It appears to.me to be indispensably nt.‘cessat y to de r stgnate the place or-district for _which che Electors are arraigned for violating the Act, and, if not desig rimed: the indictment would be bad. A district has been designed, and the evidenCe has been applied io xdistrict distinct from it.. The Learned Advocate - then stated the point upon which he relied : that the offence' was stated to be a representation for the k parish of St.:Mary, in the county of the city of _Dub ; but although the Protestant parish of St. Ma- rys is in Dublin, yet it was in evidence that the Ro man 'Catholic .parish of St. Marys, ,as stated in the iodictment, , included the Protestant parishes of St. Mary, St-Thomas, and St. George, and that the latter parish is not situated in the city but in the county of Dublin. The Court having Consulted for some time, The Chief Justice said, than upon consideration they were disposed to reserve the point for their own opinion alter they left the Court ; that at prese4 they wereinclined to consider it fit to go to a Jury on the evidente, to'see if they found the district to the resolutions meant nothing but a district in the City of Dublin, and tor, that meaning to be subse quently a4led on in the a6tion. - -There was another objection urged by Mr. Perrin, on which much debate took place. The Judges thought it better to let it •lie over, with th e o ther, ,for consideration, and that Mr. Burrowes should go. on with the statement of his case. • Mr. BURROWES then commenced his statement, At halt-past one he concluded, and the.CLIIEN JUSTICE proceeded. to , charge the Jury, explaining to them the provisions of the Convention Act at some length. The Jury then retired, and after being out fifteen minutes, retur:t;ed with a verdict of GUILTY. Although the Court was exceedingly crowded, it was cleared without difficulty or disturbance. Dispatches wereyesterday received at the Admit. 6 ratty, containing the pleasing advice of .the capture of another French frigate in the Mediterranean, by his Majesty's ship Eagle, of seventy-four guns, Cap. tam RO . ‘ir:l.EY t Report says, that this frigate form ed a part of a:squadron of three ships of the - same description, 'one of which ran aground, and the third is probably that which we have already stated to - have been so gallantly captured by the iietive gate, Captain GORDON, in the same seas. We feel much regret that we have hot room tWs day for the 'LAST CHARGE which Sir JAMES MACK.. INTOSH delivered hi his capacity of Recorder of Bom bay, announcing his ensuing .departUre; as it is marked by that acumen, philosophic spirit, vigorous intellea, knowledge, and eloquence, which have always distinguished that Gentleman. At the close of the Sessions, the Foreman of the Grand, . Jury deliVered a letter to the Recorder, testifying their high sense of - the merits of his 'character, judicial and private, which received an answer expressed with great feeling, elegance, and dignity. We.shall take the first opportunity of presenting these inte resting documents to our readers. THE THEATRE.-The new drama, entitled The Virgin of the Sun, was repeated on Saturday last at Cot eat Garden Theatre. It was so judi6ously cur tailed that the interest was not lessened, though it was shortened full three quartets of att hour . in 'the reptesentatian. The music, which we had not be fore an opportunity of noticing, is highly cre ditable to the taste, sciet.ce, ned expression of Bisuor. We regret that the public,' as well as the ingenious Composer, had not an oppottunity of hear ing,his wife's fine vocal powers in. a workthat is so honourable to himself. ri he piece was received by a crowded audience with the greatest applause. The Performers of Covent Garden Theatre, much to their credit, have entered into a liberal subscrip tion for the Widow and Children of LACY . , the mu sician, whose sudden death we recently announced. It is but justice to the theatrical community in ge . neral;eto state, that they are always prompt tend zealous on such occasions. SMITHFIELD MARKET, FEB. 3. This day's Market was pretty well supplied with prime beasts. and the show of cattle in o her re spetts was somewhat considerable; Beef, Mutton, Veal, and Pork; sold at last prices, and the trade in general was tattier brisk. The sales :in the Hay market were tolerably lively ; Hay, Straw, 'and Clover, fetched lAA prices. • We annex a correa statementof the prices and numbers : To sink the 0 if,4lper stone of 81b. Beef, 4s. od. to ss. 6d. Mutton, 4s• 4d. toes. od. Veal, ss. cd. to Bs. c.d. Poik, si. od. to 6s. Bd. Beasts, 1891. Sheep, t2,6a0. Calves, Ito. Pigs, 219. SMITHFIELD HAYMARKET. Hay, 41. os. opt. to ocl. , Straw , at, os. cd. t 21. Clover, SL. los. od. to 61.,t05. 9(1.