The National Register.
London, England, 1811-12-01 00:00:00

THE NATIONAL REGISTER.

at !Arty-street—heard hi: name, to the best of his recollection,
mentioned—did not see him in the Chapel—knew his person,
and heard that he was one of those concerned in the delegatinn.
Mr. Justice OSBOttb:E —But in the information before us,
you do no- speak as to your belief—you swear positively that
Dr. Breen was one of the persons chosen.
Cnler Jus ricE.—Then you swore positively to a man you did
VOL see.

Witness ordered to retire.
Mr. Barrows then rose, and addressed the Jury in a strain
of eloquence, and displayed reasoning powers, even anti dea of
which it would he impossible to convey to the Reaer this
event:lg.-10 our next we shall lay before the Public a rum, and
weer:an-re Report of the proceedings on the second Say of this
important trial. On this occasion Mr. Burrowes has raised the
already elevated character of the Irish Bar. Perhaps. in a
Court of Justice, there can he remember, d few exhibition;
equal, in point of ability, whether we ccnsider it as addressed
to the understanding of the audience, to the temper of the
Jury, to the policy of the case, and the Law under which the
Catholic Gentlemen were indicted; an appeal so powerful, so,
convincing, we might say, so overpowering, was ever yet made.
The Learned Counsel hegar by arraigning the conduct of the
Crown in the formation of the Jury. He lamented to have
witnessed that there was not more decency, or the appearance
at host, if it was no mole, of justice on the part of the Crown.
He did not lay blame to his .Majesty's Attorney-General, whose
virtues aril ta]ents.• he took occasion, repeatedly, in a speech,
which lasted upwards of three hours, to panegyrise. rie was
convinced, that that honourable and upright man would lint he
privy to any act of meatiness, of unconstitutional and illegal
interference on the part of the known agents, instruments, nay,
the very creatures of Administration. It was notorious, that
oa the Jury, there was not a single Catholic, in a cause in which
their interest was so deeply concerned. Ile reflected upon the
circumstance with pain, out unmixed with a considerable por-
tion of dismay, that in 2 city, NINE-TENTHS of whose inhabit-
ants consisted of Catholics, not one was to be found on a Jury
in which the Catholics were to he tried. It was, he feared,.
ominous for the country, when Government had recourse to
such paltry art fees. Nay, the only Catholic on the Pannel
was instantly objected to—but that was not enough for the
Crown—it was not content with obj. sting to the solitary
Catholic—hut in the spirit of liberality which so very honourably
distinguished the Administration of the country. it objected
against TWENTY-two Protestants upon no grounds whatever.
These Protestants, it should seem, were under the suspicion of .
being suspected as friends to the great Catholic cause. But the
very circumstances of these shameful challenges put the present
Jury in a most delicate and awful situation. The eyes of the
country were on them.—From the partiality evinced by the •
Crown to their selection from among so many other 4.f their
excellent and l beral fellow-citizens, it would. naturally he con-
cluded, that they were prejudiced and illiberal. Ile did not
insinuate that they were, he believed in his heart that they were
not—but s-e the siination in which they wens placed by the
Crown, a sittatrion, he would contend, net only hoirtireite but
also unconstitutional. They would, however, he felt convinced,
rescue themselves from the icculiarity in. which they were so
unhandsomely placed, as contradistinguished from their fellow-
citizens. Mr. Burrowes then went into the matter of the trial
before the Court. As we have. already said, it would he imposa•
Bible for 11P, this evening, to enter into any thing like a detail of
this admirable forcrsic di,play. He first addressed himself to
the Facts, then to the Law—next to the Hist-ry of the Catho-
lics of Ireland, and finally to the Poliry of the Irish Adminis-
tration. In all t: ese divisions, Mr. Barrowes was supeoemi-
trendy happy. Indeed, the union of honesty and talent was
eminently conspicuous in this address; and we never saw more
powerfully xemplifi«i whet great virtue, aided by great ability,
as able to eerf .rm. lii the ci lto:Al his speech, Mr. Burrowes
pronounced a panegyric on the Fast PR LAS or !area airo and
stigmatized, in !•is powerful and in+aseion d langtrge, the
incendiales ' and slaves iei.od by the Ca-tic to influence the
popular mind, and to h:s lnie the people to madness. After he
had sat down, th.re was a murmur of applause and he was
eeneratulatea on all sides by his triends. When Mr. Burrowes
Lad (-morbid. d, the Counsc I for the Traverser, relying upon the
evidence of the Crown, and the law and justice of their casr.
declined canine witnesses, or -cii:cupvieg the att ntion ef the
Court and Jury on a case which they coosidcred already proved
for their client.

-
The itor-General rose to reply.
• Jr. Guold objected on 40: ground of usage, that the Crown
Lawyers, -except in c7S,_:•;*;*-ibt:ti evidence wartendertd on the
par: of the Traverseri had no ri;;lit to rcply.
'l hr etc o:t the ri?,ht.
Justici. ()snot: N wihhed for Ft ccdcrits to estah'ish tl,e right.
CiCetineti said, that Mr. Justice Day ruled in the case of

Williams (we think), on the List Alunster Circuit, against the
right claimed by the Crown.in those cases.
Mr. Ju .t:ce DAY assented.
Mr. Bellew said, that Mr. Justice Osborne ruled a similar case
at the Assizes of Waterford. _

Mr. Justice OSBORNE assented.
Mr. Byrne cited a case from Reports made in the time of
Lord Kenyon, in which that able Judge had strongly r,:probated
the practice which Crown Lawyers a.sumed of speaking, when
no evidence had been produced by the Traverser.
Mr. O'Conucll immediately read the passaee, and, in corro-
boration, cited the case of Vtraltcr Cox, in which Lord Notbury
and Baron George decided against Serjeant Moore who essayed
a reply.
Mr. Per4in stated the particulars of the case, in which the
Chief Justice of the Camino- Pleas that the rig.it of the
Attorney-General was a personal right, and could novbe trans-
ferred to his brot her.
• Mr. Justice OSBORNE was rather aglinAt the practice.
Mr. Ju.,tice DALY thought that it was established by analogy.
Mr. Justice DAT was RATHER inclined wall his Brothers.

Mr. Bedew algned acutely aglinst the right claimed,
The CH ter Jul; licit did nut think the case in Lord Kenyon
went to the present instance.
Mr. Burton slid, that perhaps the Crown would wave the
right, and allow the case to go to the Jury.
Mr. 801 l insisted on the right of the Crown.
Mr. Solicitor General would not give up that right.
The iltNrney-General coincided with the Solicitor, and in.
sisted on the right.
The C4IE7 JUSTICE at length determined in favour of the
CROWN.
Mr. Burton then asked—" Whether since TWO CROWN LAW-
YERS were allowed to speak, where no evidence was adduced
on the part of the Trayerser, another Counsel would not be
allowed to hi* clients ?"
To this the Court, after some hesitation, assented.
Mr. Goold then, in a strain of eloquence so peculiar to him.
self, and which fasc:nated the Court for more than two hours,
touched upon all the leading topics of this great cause.
The Solicitor- General replied with great animation and force,
and concluded by observing, that a new body, the Catholic
Convention, had arisen in our political horison, obedient to no
rules, governed by no attraction, a stranger to our system, and
which menaced its ruin.
The CHIEF Jus-rter, after recapitulating the evidence, pro-
ceeded to define the law. We could not discover, in his Lord.
ship's speech, any shade of distinction from that delivered on
Thursday by his Majesty's Attorney-General.
After about an hour and a half'( charge, the Jury retired.
Mr. Byrne rose, and inquired whether the indictment on
which the Traverser was tried. was handed up to the Jury
The CHIEF JUS FICE said, that it was not usual nor neces,ary.
Mr. Justice OsBORNE thought that ,the indictment might
have been read to them, if they wished it.
Mr. O'Connell contended that the Jury should have a copy of
the indictment on which they were to decide.
While the point was pending,

Mr. Geale, the Foreman, and Mr. Pepper returned into the
box, and requested a copy of the indictment. They took occa-
sion at the same t►me to inquire, whether the Jury could bring
in separate verdicts for the two counts laid in the indictment.

He was answered in the affirmative, and the Clerk of the
Crown having enlarged the issue, the Jury again retired.
It i; impossible—indeed language sinks under the effort—to
describe the state and anxiety manifeted while the Jury were
in their room. Although it was nine o'clock at night, yet the
hall of the Four Courts, the Court of King's Bench, all the
avenues leading to the Courts, the very attic windows at the
top of the Courts were crowded with people.
it was announced that the Jury. had agreed to their
verdict, after an hour and an half's deliberation, there was a
deep silence for a minute.--Mr. Byrne, the Clerk of the Crown,
then called over the names of the jury, having answered, Mr.
Geale, the Foreman, handed down the issue—Not Guilty.

The word was scarcely pronounced, when a peal of huzzaing
and shouting rung through the Court and plleries, and shook
the very judicial Bench. It was caught by the anxious auditors
in the Hall. The Judges attempted to speal—the Officers at•
tempted to act—the enthusiasm deafened and d-stroyed every
tot! mpt. The Judges waited for some minutes, and the
Chia Justice attempted to address the Court, but he could not
be heard—nothing could he heard but the loud, the overwhelm-
in„ torrent of popular enthusiasm. As the Jurors passed through
the Hall, they were greeted with w.•ving of hats and clapping
of hands; our excellent, worthy, and truly virtuous Sh riff,
Robert Harty, was received with the most unbounded tumults
Qi approbation and applause.