The Express.
London, England, 1848-11-20 00:00:00

o'clock this evening.
Judge Pemba—And then, Mr. Napier, if there be any
other point you wish to have mentioned, on Monday you
can apply to the mart.
Mr. Napier.—What I wish to know is, if they intend to
argue any of the ether sane.
Attorney:General.—Ne.
Mr. Napier.—Or is this to be put In front ?
Messrs. O'Brien, blusher, M'Manue, and O'Donolthe
were then conveyed back to prison.
TIIE QUEEN IN 1111108 v. T. MAILTIN.—IIMONINT.
The Chief Justice said that, in considering the arguments
in this case, he would confine himself to the line pursued
by counsel with respect to the caption, which wee con-
tended by the crown wu good, and the court wee of the same
opinion. The caption was not a pleading ; it was a formal
entry of the charge against the prisoner, of which he had
been convicted. The learned chief justice cited several MIS
decided by English judges, in which convictions had becalm&
on tho oaths of twelve men, although the words sworn end
charged had been emitted, and upon the grounds silted he
was of opinion that the first objection raised by prisoner's
counsel should be overruled. The several counts in the in-
dictment charged the prisoner with having printed, in a
newspaper called the Irish Felon, certain publications of a
treasonable character, calculated, as the indictment bad set
forth, to depose the queen, and deprive her of the style and
title of her royal name. The second objection Wilda(
been also overruled by the court, the Chief Justice applied
himself to the objection raised in the case of Mr.
Duff, who, being a burgess of the city, it was alleged
was interested in the conviction of the prisoner.
He could not discover how a member of the corporation or
burgess of the city could be personally interested in the
conviction of a felon, the property of whom, if confiscated.
should descend to the cavorts fund, in trust for the general
good, and by no means applicable to individual interest or
profit. If a juror were disqualified upon account of his citizen-
ship, ea a burgess of the city of Dublin, from serving m a
juror, he was clearly of opinion that he should not be so
disqualified, and on that account the objection so raised
dessid be overruled. In the cue of Lord Maguire, his
himis kid been sequestrated, and conferred upon one of the
James, and in that cue nothing could be more ow
enable than that a challenge should exist against that
Jeer, but the case was not analagons to the present. The
speeds of a felon could not be forfeited until after judgment
ball been passed ; and between the period of challenging a
juror and the time of judgment being pronounced, the pri-
soner would be at full liberty to dispose of all the chattels
he powered k and it appeared to him to be utterly impossi-
ble that the juror to challenged could be interested in the
conviction of a prisoner whose case depended upon so many
contingencies. The learned chief justice read a judgment
of Lord Ellenborough, in which that eminent judge
declared that, in order to disqualify a juror or a witness on
the question of interest, it should be plainly established that
the interest positively existed at the time and not dependent
upon any contingent circumstance. If the challenge had
been allowed in the cue of Mr. Duff, upon the grounds
relied upon by the prisoner's counsel, it would go far to esta-
blish the fact that for several centuries the pure administra-
tion of justice had been corrupted at its very source in this
populous city ; and on all the circumstances connected with
all the objections raised in error in this case, he wu clearly
of opinion that they were quite untenable, and should there-
fore be overruled.
Judges Crampton, Perrin, and Moore, severally, and in
very brief terms, expressed their entire concurrence in the
, judgment delivered by the lord chief justice, that the
judgment of the court below should be affirmed.
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