The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1859-03-22 00:00:00

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THE FINALE OF TIIE TRALEE TRIAL.

The Dublin papers give the following account of the I
dome of the Phoenix prosecution at Tralee, ending with I
the discharge of the jury without being able to agree to
a verdict, 22 hours deliberation notwithstanding. Ten, '
it seems, were fur a conviction, while two only were of
a different mind. The AttonierGeneral, however,
nowise daunted by defeat, means to try his hand again.
and at the learned functi tttt aries request there will
be • supplemental 'mixes,
: held on 31onday, the 30th
inst.
The jury had been locked up during the night, and
both the Iligli Sheriff and the Sub-Sheriff were up du-
ring the night in the discharge of their .dficial duty. The
jury having now aieembled in their box, and their names
having been called over,
Baron Greene said,—llave
? you agreed to your vet
diet, gentlemen ,
Foreman.— No my Lord. The foreman then handed
down the issue-paper.
Baron Greene.—You must keep that issue. Gentle-
men, I am sorry you have not been able to agree. The
Court will adjourn, and when you are agreed [shall be
sent for by the Sheriff. Retire to your room.
The jury then retired, and six constables were sworn
to take charge of them.
At 10 minutes to 12 o'clock Boron Greene again took
his seat on the bench. Counsel were in attendance as
before.
The jury were again called in the usual form, and
Baron Greene said,-1 have sent for you, gentlemen,
to know if you have agreed since!
Foreinan.—No, my Lord, we have not.
Baron Greene.— You have not agreed?
Foreman.—No, my Lord; we are ten to two.
Baron Gm-enc.—Then I sin sorry to say that I have
nothing to say to you but to request you to retire.
A Juror.—We have no chance of agreeing.
Baron Greene.—l cannot do anything at present.
You must retire and re-consider.
A Juror.—We cannot re-consider anything.
Foreman.—We tried on several occasions, and there
is no chance whatever of our agreeing.
Baron Oreene.—Well, you must only go back.
Another Juror.—There is not the slightest chance of
our agreeing.
Foreman (as we understood).—The Crown have to
blame themselves for putting people on it who are not
much better than the prisoner. It is a great hardship
oil people who are inclined to do justice.
Baron Greene.—No one regrets more than I ilo the
inconvenience you have been subjected to. If it depen-
ded on ma I would coon put an end to it, but I have not
the power to do so, in point f law.
The Attorney-General.—My Lord, perhaps your Lord-
ship will allow me to make an application. It does
appear to be somewhat conditional in form, but yet we
are so circumstanced that I fed perhaps that you will
not consider it censurable. I shall not postpone it any
longer. I wish to ask your Lordship, on the part of the
Crown, in the event of this, as we have just heard,
slender minority of the jury not agreeing with their
brethren, to adjourn the assizes, and to fix a day suit-
able and convenient to your Lordship for the re-astieln•
tiling of the county to proceed with the trial of the pri-
soners. I feel it to be my duty in this case, to the
utmost of my power, to assert the law, and in that
sense, if the prisoner is entitled to an acquittal, to let
him get it at the earliest possible opportunity. With
that view I shall respectfully call upon your Lordship
to fix the 30th of tins month, so that after the Cork

Assizes the jury may be summoned to attend, and the
trial of the prisoners may be proceeded with.
Baron Greenc.—l cannot, of course, anticipate, Mr.
Attorney-General, what may be the ultimate result of
the trial now pending, I may say ; but should such a
state of things arise as would it nie in discharging
this jury, and there be no verdict, then I certainly
would not suffer my own convenience at all to interfere
with what you consider to be the interests of the public
and the administration of justice. Of course, when the
necessity arises I will comply with your application and
adjourn the 1%1141W4 —to what day did you say!
The Attorney. General.— I sash %Viable:4day, the 3111th
of :11arch, with a direction to the high Sheriff to summon
the panel.
Baron Greenc.—Of course that would follow.
The Attainiey-lieneral.-- I should not have made
the application but we are so circumstanced as to
Cork. . . .