The Express.
London, England, 1848-11-24 00:00:00

COURT OF QUEEN'S BENCH, Nov. 22.

WILLIAM SMITE ii•BRIEN ix ERROR e. Toe QtEEN.—.
The argnmente in this case were resumed to-day. The
court was crowded to excess, and • number of ladies occu-
pied seats in the galleries. Mr. O'Brien appeared to be in
rather better health.
The judges having taken their mats, Mr. Whiteside, Q.C.,
proceeded with the argument on behalf of Mr. O'Brien the
plaintiff in err;ro and was followed by the Attorney•dene-
rid, who closed the case on the pert of the crown.
As soon as Mr. Monafhan had concluded,
Mr. Napier, Q.C., said: There are three other cases, my
lords, involving substantially the same points, and counsel
attend on behalf of the prieouen. It is important that what-
ever observations we have to make should be submitted to the
court before your lordships give judgment in this case;
because, if judgment were given in this case, we could not
argue the same points spin. We will take care not un-
necessarily to occupy the public time; but the care is one
of extreme importance, and I therefore submit that you
should hear what we have to offer before you proceed to give
judgment.
Attorney-General.--It appears to me, after the very full
argument this case has received, that nothing further re-
mains to be said upon it.
Mr. Napier.—lt would be presumptuous in me to say that
the arguments in this case were not sufficient ; but that is
not the question. The three prisoners have counsel em-
ployed at very great expense, and it is their opinion that
they might be able to place tome of the arguments in a dif-
ferent light in this very novel and serious cost. In Frost's
case the court heard the parties separately before giving
judgment. In O'Connell's came the House of Lords dad the
same thing. Surely it is not unreasonable in a case so seri-
ous as this—involving the life and liberty of tie pritoners—
that their counsel should have the same privilege. The
court might trust to counsel that they will not unnecessarily
occupy the public time. They will discharge their duty with
as high a tense of its responsibility, and with as much pro-
priety, as the Attorney. General.
Chief Justice.—The other cases are not ready for argu-
ment; they have not been entered upon the list, and the
books are not yet made up.
Mr. I. S. O'Csllsghan.—A joinder in error has been put
in to all the errors assigned ; and on the part of Mr. Wide-
nus I am ready to abide by the assignment of errors put for-
ward in the case of Mr. O'Brien. There can, therefore, be
no pretence for saying that we are not in a position to go on
with the argument on behalf of Mr. lef'bianus. We consider
it most important that we should li,ve an opportunity of
submitting our views to the court before judgment is given
in the case of Mr. O'Brien ; and surely the parties will not
be deprived of that to which they have a right—a fall dis-
cussion of the ease.

Chief Justice.—Don't say another word about right. This
is a matter which, in the present state of the term, must be
settled by au arrangement between the parties themselves.
The books are not prepared in the other cases.
Mr. O'Callaghan mentioned that in Frost's case the
court heard counsel as CIMICUS curie, a precedent which if
adopted in the present case, would remove all difficulty.
Mr. Smith O'Brien hers rose, and was about addressing
the court, when
Their lordship' began to confer together. At the conclu-
sion of which,
The Chief Justice said,—The court is very anxious, as far
as is in its power, to secede to the wishes oh the counsel for
the different prisoners; and we are anxious not to pro.
nounos any judgment until we have heard what can be
urged in support of the errors. We, therefore, suggest that
we would hear counsel for each of the three remaining pri-
soners who have writs of error depending—if the crown
think proper, one counsel for each; and then, if the Attor-
ney-General should think proper to reply, he would be at
liberty to do so.
Judge Perrin.—Provided the prisoner in this case has no
objection—provided he does not call for judgment at once.
Mr O'Brien said that, so tar as he was yersonally con-
cerned, he could not pay sufficient homage to the ability of
the learned counsel who had been ariegried to act on hie
behalf; but it was right that the court should know that
the other prisoners had not been consulted in reference to
the selection of their counsel. He conceived that their cases
were entirely involved in the deci.ion which the court
should pronounce upon the one now before it; and it would
be only fair towards them that they should have an op-
portunity of being heard by their counsel before that
decision should be pronounced. That was strongly the
impression of the other prisoners. Mr. Meagher had ad-
drawled a letter to him on the subject, which he would read
to the court— _

--- -----
Chief Justice.—Better leave this matter in the hands of
counsel.

Mr Butt said, that be had been assistned as counsel tor
one of the throe remaining prisoners, and he thought that
the proposition of hutting one counsel fur each of them
before the decision in Mr. O'Brien's case was as much as
they ought to expect.
It was finally arranged that one counsel should be heard
for each of those prisoners before judgment in the present
case; and that the counsel should confine themselves to
tho points of error which had already been discussed in
the case.