The British Press; or, Morning Literary Advertiser.
London, England, 1825-01-05 00:00:00

IRELAND.

DUBLIN COMMISSION, SATURDAY Emma.
For several years public anxiety had not been wrought
to so high a pitch of interest as by the expected event of
Mr. O'Connell's trial, for uttering seditious words.
At the earliest hour this morning all the avenues to the
Court, as might be expected on so highly an interesting
occasion, were thronged to excess. Mr. Justice Moore
and Mr. Justice Vandeleur, were the presiding Judges,
The commission was not opened until half-past one, but
for many hours previous to the arrival of their Lordships,
every seat in the Court-house (a most incommodious and
ill-constructed building) was occupied. Mr. Sheriff' War-
ren, on whom that duty devolved, summoned ninety..
eight jurors on the panel. It is due to this gentleman to
say, that although no Roman Catholic was summoned on
the panel, yet it consisted of respectable and independent
gentlemen. At half-past one o'clock Mr. O'Connell en-
tered the Court in his bar-dress, accompanied by Mr.
Brien. His other Counsel, Mcssrs. IVallare, Perrin,
Hougblin, and Sheil, had previously taken their places.
The Attorney-General was not present in Court. Mr. J.
S. Townsend was there on the part of the Crown. Many
Gentlemen of the Bar were in attendance. _

On the arrival of the Lord Mayor and the other City
Officers, the following gentlemen were sworn of the Grand
Jury :
Heckman Kearney
John David La Touche
Abraham Lane
Edward Croke'
Addison Hone
George S. Carleton
William Jackson
J. S. Taylor
George W. Boileau
Isaac Hynes
James )Moore
Henry Petit
Mr. Justice Moons: then proceeded to address both the Grand
Juries of the county and city. Among several topics of local in.
serest he adverted to the Constabulary Act, which he said was cal-
culated, In a great degree, to preserve the peace of the kingdom, if
administered in the proper spirit of its provisions. Turning to the
City Grand Jury, the Learned Judge animadverted in strung and
forcible tams, but in a low and indistinct tone, on the evils that
combination had entailed on all classes of the community. The
system of illegal affiliation, commonly called the Colon of Tra
was the most outrageous infraction of all law, subordination, and
order—it was a system of despotism. These persons dared to die.
tate to masters what persons they should employ, and what materials
they should use. But in a late case, thanks to the resolute conduct
of the Messrs. Mutton, their machinations had been, in a great de-
gree, frustrated. It was not, perhaps, in the power of the Jury to
put an immediate stop to these co
put but it behoved all
classes of his Majesty's subjects to come forward and unanimously
resist measures disgraceful so the national character, and subversive
of all settled principle. Was it to be endured that workmen should
say, you shall not use English wrought iron—that you shall only
employ such and such men, and this after the splendid bounty
which England had manitested to this country ? In fact, if this
system was to be persevered in, the system of life must be changed.
If the principle of an interchange of commodities were interfered
with, commerce must stagnate and manufactures decay. lie had
addressed the Jury at some length on these topics, as he was per.
snarled that the system and principle of Combination Societies wee
similar and analogous to the spirit of the Whiteboy system in de
south. What was the essence of both ? Mystery and 'illegal cook.
aeration. It therefore became the citizens of Dublin to resist an
order of things so frightful. He was himself well aware and had
practically experienced the evils of this system. Some persons whom
he had sent to repair a house in estate of decay at Clontarf, were sub.
jetted to tire violence which had latterly been so prevalent in the
streets of Dublin. He would not detain the Jury longer on this
subject, but would revert to another. Ile perceived by the indict.
meet that bills were to be sent to the Jury, in the case of an in.
diridual on a charge, the nature of which he should find it neces-
sary to explain at sonic length. The principle that he would ad.
here to in this case, would be a principle supported by the first
Law Authorities in these countries—he meant the English Court
of King's Bench. In the case of Sir Francis Burdett a Leicester
Letter case, it was determined that the words should be expressed.
and that there should be no ambiguity—in fact, that there should be
an identity of person as well as of words. They should apply this
doctrine to the case of the individual before them. They should first
be sure that the express words were spoken. Secondly, that they were
spoken by the person charged with having uttered them; and
thirdly, that these were of the nature and tendency described in the
indictment. That tendency should be unequivocal: it should
have the effect of alienating the minds of his Majesty's subjects (as
we understood), or of producing a change by untawfal means in
the Constitution as by law established. It was necessary that this
tendency should be strictly proved, and that was matter of inference
for the Jury to decide, when the express words were testified. It
would then be necessary to consider the intent with which the wads
were spoken—whether the person uttering them, taking into ac-
count their spirit and context. the time when, and the place where
uttered, had a seditious and unlawful intention in uttering them,
or whether they were spoken in the plain and ordinary sense, with.
out any such meaning. This was all matter important and in-
dispensable for their consideration, and it was neessaary, before
they found the bills, that the person of the speaker should be
identified, that his words should be identified, and that his intention
in uttering should be similar to that described in the inuictment.
The Learned Judge concluded his charge at a quarter before four
o'clock.
Mr. O'Connell appeared In excellent spirits, and it wai rather
ludicrous to observe the playful familiarity with which he and Mr.
J. S. Townsend conversed.
The following witnesses were then called, previously to the send-
ing of the indictment to the Grand Jury.
Charles O'Flahrety, Reporter of the Morning Post, sworn.
Samuel Nolan Elrington, answered and sworn.—On this gentle.
man's coming to the table, he stated that his real name was Nolan,
and that he assumed the name of Elrington for a particular purpose.
The Judges then directed Mr. Elrington to be sworn.
Joseph Byrne, Reporter fur the Star, sworn.
R. N Kelly—This witness was called four times, but did not
answer. He was ultimately fined 1001.
Joseph Leech was called four times in a similar manner, and
fined a similar sum.
A person here called George Barclay, Town Clerk's Office.—
Much merriment was excited by this gentleman's getting on the
table, as if he were called before the Jury. It was, however, In-
timated to him that it was at the Town Clerks' Office he was
wanted.
Mr. Hickman Kearney (the Foreman) at a few minutes after
four o'clock, begged to inform the Court that the Jury were deal•
rous of asking a question.
Alr. Justice Moony—The question must be asked in open
Court by the whole of the Jury.
Mr. H. 's.esmey returned to the Grand Jury room, and returned
atcompani sl by the whole of the Jury ' • he then stated that some of
them were not quite certain as to the direction of his Lordship on
the subject of the indictment for seditious words. They were
desirous o' being informed whether there should be proof furnished
of the identity of the person, of the identity of the words, and of
the intent also, or whether the proof of the substance would be
sufficient ?
Mr. Justice Moony said, it would be sufficient to prove the
substance, or the meaning of what was said.
Mr. Justice S'awnEztuß was of opinion, that it was not neces-
sary to prove literally the words used. There was a precedent of a
conviction having taken place where one of the meat LearnedJudgei
presided, although the word " Ontset" was inserted in the in-
dictment, and the word proved in the evidence to sustain the in-
dictment was " Onset," yet notwithstanding the variation, a con-
viction took place. This showed that literal proof was not rr

John Alley
Thomas Hunt
Samuel Fisher
William Porter
Thomas Wright
Paul (Mambas
Robert llyndinais
James Jackson
William Ring
John Hutton
John Phelps

cessary.
Mr. War.xace submitted, that in the case referred to by bis
Lordship, the variation was only of owe word, and a word too that
could nut alter the nature of the whole passage. That was quite tin.
ferent from a case like the present, when the whole context should
be judged of, as the passage here prosecuted was of considerable
length. The position laid down by Mr. Justice Vandeleur wou'.d
lead the Jury to suppose that they might substitute a totally dif•
ferent set of words tram those contained in the indletmess,—a prat.
dent of great danger.
Mr. Justice Vssorr.ern—Bo the Counsel for the defendirt
mean to contend that the words must be proved literally I,
Mr. 110 L sirs said that it was so laid down in 4 Term Reports,
and in Archbold's (..,inthoul Practice.
Mr. Justice VAN DELEt; it said he adhered to his opinion, that
it was enough to prove the substance. Lest, however, they-
should be any misunderstanding on the part of the Jurr, he wou:i
have them again called into Court.
The Jury accordingly came into Court, when
Justice VANDELEUR said—Gentlemen, as there has bent
some misunderstanding with respect to whit I stated to you, 1
think it necessary now to say, that it is not necessity that ti.e
words in the indictment should be literary proved; but it ts
necessary that words, in substance and meaning the same, should b!
proved.
The Jury span retired.
The names of the persons on whose informations (we undershirt!)
the indictment was framed, and who were alone examined before
the Grand Jury, were, Mr. J. Byrne, reporter of the Star, and
Mr. Nolan Ebrington, reporter of Se:waders', News-Letter.
Immediately after the rending up of the bills, Mr.
O'Connell left the Court by a private door, accompanied by
Mr. Perrin, and his solicitor, Mr. Kildahl. On appearing
in Green-street, Mr. O'Connell was greeted by the most
enthusiastic cheers from the populace, who assembled in
great numbers, and who continued following him down
Capel-street, Parliament-street, and Dame-street, notwith-
standing his frequent remonstrances, even to his own house
in Nlerrion-square.
A strong detachment of horse and foot police Were
stationed in Green-street during the whole of the day.
At five o'clock the Court continued crowded, in anxious
expectation of the return of the Jury, and what is Ix -
must in the Dublin Courts, the Judges waited on the