The Express.
London, England, 1851-12-08 00:00:00

IRELAND.

DUBLIN, Die. 6.
COURT OF QUEEN'S BENCH.
Swum Tall LOY COMM JIMICS APO A 81...C144111MT.

ACTION AGAINST THE CHIEF SECRETARY
FOR IRELAND.

JAMES BIRCH, PHOPSIIITOII OF THE WouLm" News-
eArelit, 0. BM WILLIAM M. SuMMITILLE,
This extraordinary ease, which for some time past has
excited the utmost curiosity in Dubin, rune on for trial
yesterday. The intense public interest which it created
gave reason to apprehend that the court would be incon-
veniently crowded, and accordingly arrangement. acre
judiciously made by the sheriff to regulate the uumission by
tickets, said thus perfect order was preserved. A number
of ladies were admitted to the side galleries, and every
available part of the court was filled with anxious lis-
tener.. Lords flo ugh, Cuurtown, and Monk, occupied
seats near the Chief Justice ou the Bench; and his Excel-
lency the Lord Lieutenant, she arrived shortly attic ten,
and before the sitting of the court, was ushered into the
judge's chamber, where he waited until called on to give
ha evidence for the plaintiff.
The jury having been sworn, Mr. O'Driscoll opened the
pleedine It was an action of assumpsit to recover the
sum of i,OOO ~ and contained the usual counts for goods
sold and delivered, work and labour supplied, au. The
defendant pleaded the general issue.
Mr. JUlllvi Birch, the plaiiitiff, was examined, awl de-
posed to his interview with the Earl of Clarendon, who re-
ferred him to Sir WM. Somerville. Ile detailed the various
interviews he had had with Sir Wm. Somerville, and his
secretary, Mr. Meredith, in London ; and spoke of the re-
ceipt sit sums of money from 3lr. Meredith, Xlr. Connellan,
and Sir Wm. Somerville, amounting in all to about 9001.
Ile had continued rendering acre ices to the guvernmeut in
his 'ismer from 1848 up to the 18th January, 1841. lie Iss-
keyed the sum of 6,5001. was due to bins by the detendaga.
Cross-examined by Mr. Brewster—Upon my oath, as as
honest min, I think that sum is due to me Ly Sir William
Somerville ; 1 du not charge by the article, or by the week;
but rather by the year. I think that fur the support of such
a government a very large remuneration should be expected.
—Did you think there was any baseness or corruption
in supporting that government? Witness I did nut.—
Did you ever write an article which you did not approve
of iii your own conscience ? Witness: I never sanctioned
an article which I did not approve of in my conscience.—
Now, tell us how much a year you were to get for what you
did? Witness: I have not ascertained the exact
amount.—Upon your oath, how much a year ought
you to get for your services? Witness (after some
deliberation) : I think 5,000'. a year would not be too
much. (Laughter.)—Will you swear that you ever cir-
culated 1,:i00 copies of the I Vorld newspaper at ally one
time? Witness: I will not.—What is the price of your
paper? Witness: 6.1. for one copy.-1,500 sixpences and
0,0001. a year. (Laughter.) During the time these ar-
rangements were going on with the government, you acted,
I presume, on the sole responsibility of Sir William Somer-
ville ? Witness : l Carried it on fur the government.—Did
you consider Sir Wm. Somerville as your sole debtor, and
the person whom you would be entitled to sue, when you
entered into the new arrangement, in June, 1848. Witness:
Yes. 1 consider that I had a claim on Lord Clarendon also.
Did you ask to be appointed Collector- lieneral of Taxes ?
Witness: I did not, but if I did 1 think I ought to get it for
my services. (Laughter.) I received 2,0001. from Lord
Clarendon, and he said that I never gave him any
value fur it. Did you ever receive any other payments'
from Isis Excellency Witneu: Ile gave me 3411.
llow much did you receive altogether from Lord
Clarendon and Sir William Somerville, includ-
ing the 2,000/. ? Witness: I can't exactly remember
the tot of the whole.—Did you not receive 1,7001. in
addition to the 2,0001. you had from his Excel-
May? Witness; I did.—And now you swear that you
see entitled to 6,5001. more. (Laughter.) Witness: I
think I am.—Do you know an attorney named Symms?
Witness : Not to my knowledge.—Did you ever threaten
any 111:411 that if he did not give you money you would
publish things in your newspaper to his disparagement ? I
saver did.—Du you swear you never did so, directly or in-
directly ? Witness (atter sonic hesitation): I don't think I
over did.—Were you ever taken up and put into gaol for
making such a threat? I was, but must unjustly.—Do you
know Mr. Hartley ? He was a subscriber to my paper fur
•short time.—Did you not demand money from him? On
my oath I do not recollect that I ever did.—Will you swear
that you never did. Can you forget going to a gentleman
k Mr. Hartley's position, and demanding money from him
at the peril of publication? Witness I don't remember it.
His Excellency the Earl of Clarendon took the usual
allabmatinzi made by a peer previous to giving testimony
,
seed hi reply to Mr. Meagher said—l was viceroy or Ireland
in 1848 ; Mr. Curry Connellan was then my private secre-
lisey—(letter ofJuly 17th, 1848, produced) ; this letter was
written under my instructions.
Mr. Meagher: You say iu that letter that you would
write one to Sir William Somerville; was that letter written
accordingly? Witness: It was.—Have you got any copy or
abstract of it? None whatever.—A.re you now able to
state the substance of that letter to Sir William Somerville?
Yes; I wrote to Sir W. Somerville saying, that if Mr. Birch,
the editor of the World, should call upon him, that he had
written in defence of law and order, and that if any per-
sons refereed to him in England, to inquire whether that
was the cuse, he in;ght any that it was se.—ls that the en.
tire substance of the letter? I likewise told him that he
might give him tome money.—May I ask your Excellency
if you can recollect that that is the entire of that com-
munication in relation to this matter ? I believe that is the
whole of it; I don't recollect anything more. It was a
letter I unite myself, of which no copy was kept —May I
auk your Excellency if you ascertained from Sir William
Somerville whether Mr. Birch called on him? Yes, he did
call on Sir William Sumerville.—Did you learn from Sir
William Somerville whether any arrangement was made ?
No; lam not aware that any arrangement was made with
him. Sir William Somerville gave him some money; no
other arrangement I think was made with him.—No other
arrangement ? No, except to give him some money.—
Was Mr. Birch, to your Excellency's knowledge, sup-
porting the government before for any considerable time?
Supporting the government ; no, I should say not. I sent
for Mr. Birth in consequence of his offers to me to support
law and order. lie had repeatedly offered to do so during
the year 1347, and had sent me his papers and written me
various letters which were simply acknowledged. Ile sub-
sequently, in February, offered to support the cause of law
and order, which was certainly then in some danger. I
then saw Mr. Birch. I then thought I should have,
at that time, in respect to the public affairs, have
failed in my duty if I did not accept the offices of
any person in support of law and order. I then saw
Mr. Birch, and he offered to write in that sense. I told
Mm that he might do so, although I certainly did not
expect much to result from his labours. I told him at the
same time I wished for no support to the government, and
that, as far as I myself was concerned, he might abuse
me as much as he liked, as it was perfectly indifferent to
me. (Laughter.) Am Ito understand that your Excellency
would accept his services on that occasion ?—Yes, to write
in defence of law and order. Did you see articles in sup-
port of law and order in his newspaper afterwards ?—Yes,
I did, occasionally. Is it not a fact that up to January,
18.51, he continued to publish those articles in de-
fence of law and order ?-1 es, I am not aware that law
and order wanted any defence up to 1851. (Laughter )
Well' in defence of the general policy of the government ?
I cannot say that he did, but, in feet, I never read
his paper at all. Did your Excellency make any
payment to Mr. Birch for his services in defence
of law and order ; and might I ask you what sums ?
He received sums at various times; I could not exactly
name the amount which I paid him; the first time I saw
him he asked me for money; I told him there were no
funds applicable to such purposes. He then said he did
not ask rue for it for his own remuneration, but because he
should be otherwise unable to procure agents to extend the
circulation of his paper. I then offered him 1001., if I re.
member rightly, for it did not make any great impression
ea me at the time. He said that that would not be sufficient
for his purpoee, and I think it was then extended to about
$3Ol. Ibis was in the beginning of February, 1848, if I
remember correctly.—Did your Excellency know that any
farther sums of money were paid to Mr. Birch in London '?
Yee.—ls your Excellency aware from what fund it came?
From a fund placed at the disposal of Sir William Somer-
ville, at my request.—Out of the public funds, was it?
I could not say it came out of the public funds. I said it
was a fund placed at the disposal of Sir W. Somerville at
my requer.—Allow me to ask your Excellency whether
they were or were not public funds ? Part of what Mr.
Birch received was from money applicable to special ser-
vices, and part was eat of my own private pocket. The
part which was treat the money applicable to special ser-
vile. was cleaned Si my request, and on my oun respon-
sibility, and MIS repeal ilizzlf very lung ago.
Ofem-auswielailyMr. r Is your Excellency SWAM
that allegothar Mr.keit pet 3,7001. ? I am.—Was every
farthing et that mem tram you ? Every farthing, and
sow from Mr Maims fMlmvill. ; the mousy which he
gave was admired to biltszsek or at my request, and I
was responsilik k; Sir William Somerville
acted simply as my wont, sad solely by my instructions.
11.:Meredytk sod Mr. C. Connellan having been
examined at eensiimidielseph in support of the prosecution,
The mon moo alikninal •until Saturday morning, when
Mr. to add rem the jury at great length
ai BballirCilirsaelifesdant. He read a lengthy oorrespoe-
BOOM bus Mr W. Somerville and the plaintiff, in
whisk km kaki urged his claims and solicited assistance in
money, eHtliaasegbt to obtain a place for his brother.
Sir W. e._ k.., in his letters, denied that the plaintiff
had any 7 Aim upon him—told him to state what his wishes
Of regnLMh were, and it would be submitted for mai:.
defeat's. Several of the plaintiff's letters also contained
threats of exposure, if his demands were not com-
plied with. Mr. Brewster also produced a release exe-
cuted by the plaintiff to Lord Clarendon, on receiving the
sum of 2,000 L, making in all 3,7001. received by him from
his Excellency for services rendered " in suppressing the