The Sun.
London, England, 1852-08-27 00:00:00

S r N

I RE L A N
THE Six-MILE BRIDG •
DUBLIN, THURSDAY. Yesterd*it P , Agg
was made to Mr. Justice Crampton, sitting in the
Queen's Bench chamber, to admit Mr. Delmege, J• 13.•
and the eight soldiers of the 31st to bail.
Mr. Murphy, as counsel for the accused, briefly
stated the grounds on which he moved for the en-
largement of the prisoners. The depositions taken
at the late inquest were very voluminous, but he
would, for the present, read the affidavit of gir. Del-
mege. That gentleman deposed—
" That on the 21st of July be, as magistrate, received
orders from 4r. Armstrong, the high sheriff of the
county, to act with a military escort in protecting voters
who were proceeding to Six-mile-bridge polling-place,
and when they bad gone about two miles he discovered
that seventeen of the voters had been kidnapped and
beiu carried away by a lawless mob, and that they were
locked up at Thomond Gate. He eccordingly ment to
the rescue, accompanied by some of the soldiery arid by
en officer, and eller rescuing the voters, and while
approaching towards tho polling-place, the escort and
the men under their charge were catacli.-d by a
most vielcat and excited mob, and their lives pla led
in great danger. It was sworn to by the ait-
resstb at the inquest tha: he (Tir. Delmege) not only
fired himself Luc gave orLrs to the military to fire, al-
though the counsel who appeared for the next of kin urged
it as °Le of the grounds of impeachment against the
soldiery that they had fired without getlieg any orders.
in the most express and positive
terms, tebiaThgee never
rfired a shot that day, or gave orders
to that effect, and it was impossible for him to give such
orders, for the !she where the occurrence took place
was crowded by the people, by cars, and by the soldiers,
and he was several yards from them, and could not see
the soldiers until the last shot was fired. The affidavit
went on to state that the present case was made to as-
sume not only a political, but a religious tendency, and
the conduct of the mob was the most violent and furious
the deponent ever witnessed, and such was the feeling
of hostility subsequently evinced towards him and wit-
nesses, that they could not obtain even a lodging in the
town. The state of terrorism and fear was such, that
to this he attributed the verdict of wilful murder, as
men would not consider their properties safe if they re-
turned a different verdict.
" Mr. Murphy (Mr. Delmege's counsel) observed that
the affidavit of Mr. Delmege in the most explicit terms
negatived the charge of his having fired a shot or
given orders to the military to fire; and then, with re-
spect to the soldiers, it would be sufficient to read the
evidence of Lieutenant Hutton and Captain Eager to
show the imminent danger to which these men were ex-
posed from a hostile and violent mob.
"Judge Crampton thought it would be better merely
to mention the purport of these depositions.
" Mr. Murphy briefly referred to their evidence, as
proving that the Queen's troops had been violently at-
tacked, and had to fire in self-defence and for the pro-
tection of themselves and the voters whom they were
escorting.
" Mr. Barry, as counsel for the next of kin, opposed
the application to admit the prisoners to bail. He had
only been recently instructed in the case, and bad only
then heard read the affidavit of hir. Delmege; but it
appeared to him that the motion was one which the
court could not entertain. No rule was better settled—
and it had been very recently followed—than that the
court could not act upon the sworn denial of a party
Lagy,elfoothkeinigurtyo, t
jhbestdieepeowsietbi ()Inds
who was charged with offence; and the judge could not
bine
dtheenecabsye,
aadni
tt ht
Be
gfl
bd
0-
accused to bail.
"Judge Crampton observed that it was, as mentioned
by counsel, not the practice to
with to act upon the swearing of
the person who stood charged
" Mr. Barry then proceeded to urge that there were
not merely informations, but the finding of a jury, and
by that verdict Mr. Delnsego was implicated equally with
the
Crampton remarked that if the Crtowen jsougiee soldiers. "
.
ob-
jected be would not admit the parties to the
This was the usual course of proceeding, and he thbereail.
fore wished to hear what they had to say upon the
matter. _ _ _

L / ~
i~:fw
E~~%~f

"Mr. Barry then submitted that, as counsel for the
next of kin, he occupied the same position; as counsel
for the Crown, and had the same right to interpose;
and although he admitted it was the course of public
policy to allow prosecutions to be taken up by the officers
of the Crown in this country, yet he apprehended that
the next of kin had a right, when they thought it
necessary, to select their own counsel, and to carry on
proceedings in order to obtain justice; and if this was
their right, the counsel occupied as decided a position as
those ordinarily acting for the Crown, and his objec-
tions were entitled to as sufficient weight. He cited a
case to show that the Court invariably refused to
take bail when a coroner's jury had found a verdict of
wilful murder. When the ' people' were the accused,
that rule was strictly adhered to; therefore he saw no
reason for a deviation from it in the present case.
" Judge Crampton—l only know here the next of kin
and the prosecutors. Ido not take notice of such a
body as the ' people.'
" Mr. Barry said he was in error in using the ex-
pression he had done while seeking to convey his mean-
ing. He then referred to the case of 'The Queen v.
Smith,' where a gentleman of large fortune in the same
county of Clare, and a magistr-ite, having been charged
with cons.piraey to murder, r.nd that only by informa-
tions, the most solvent bail was refused to be taken until
the Court were satisfied that further ineurcermion would
be dangerous to the life of the prisoner. Upon these
grounds he submitted that the application ought to be
refused.
" Mr. Hayes said ho appeared on the part of the
Crown, and he was pleased that Mr. Barry had been
heard to make his statement on behalf of the next
of kin.
" Mr. Barry begged to say that he had omitted to
allude to another objection, which was. the finding of
another inquest upon the body of another of the men
killed on the same day.
" Judge Crampton stated that this was not an objec-
tion to be entertained, for each case should be disposed
of on its own merits, and one case was not to effect
another.
" Mr. Hayes, as counsel for the Crown, was well
pleased that Mr. Barry had the opportunity afforded him
of stating what occurred to him as representing the next
of kin. He (Mr. Hayes) represented the Attorney-Ge-
neral, and he should protest against the extraordinary
position which had been laid down, that any subject had
a right to assume the power and the authority which the
Crown exercised as prosecuting on behalf of the public.
He should also protest against the principle that had
been laid down, that counsel for such private prosecutor
should give his consent before the Crown could exercise
its jurisdiction in the conduct of proceedings of a crimi-
nal nature. He was much like his Learned Friend Mr.
Barry, in not having had an opportunity of fully reading
over all the depositions; but the Attorney-General had
read them over very carefully in the exercise of his duty,
and he was authorized to read the view which the At-
torney-General took of the case. Mr. Hayes then
began to read the opinion, which began by stating
' That the Attorney-General had carefully and minutely
read over all the depositions, and that he was unable
to discover any legal evidence to warrant the finding of
a verdict of wilful murder in reference to the soldiers.'
" Mr. Barry here interposed, and said he knew nothing
of the Attorney-General there and it was irregular to
read any opinion of his. '
" Mr. Hayes said that although Mr. Barry Professed
officer
not to know the Attorney-General, be
that the law recognised, and also the
sessed.
foe counsel not
"Jude rt
ezampton thought it better
was the view to read the opinion, h -ut to state what:.
:- the Crown on the en-
tertained by those repreeentwg - aurrilt; he pos.
pre-
sent motion.
that the Attorney-General
" Mr. Hayes then said „ the depositions, did not
having carefully read overo "
'warren t a verdict of wilful
see any legal evidence.
or against Mr. Delmege, and
admit the parties to bail.
tmurderhat
it
t wagainst
rothpee
I, he left that to be exclusively
As to the amount 0,...
(Aar.
determined by
any opinion
observed that it was very difficult
" Judge tdr-;,,,,%y opinion upon the matters which had
for him to refozaildosieeris,to
fl
before him so very generally. The de-
been alecaut- be saw with Mr. Wilson (the deputy.
who",
positions ~
e pot act
were very voluminous, and as the
clerk el °id not act upon mere reports of what was the
Court evidence
given below, in order to do justice he
exact e take upon himself the task of reading the
.n 1 have to
w7..,,d' ous depositions before pronouncing any order
v0ie—
.,,,„ :line motion. He (Judge Crampton) would endea-
vour do so without any delay, and if be found it was
vour to
a proper case would admit the parties to bail. He did
not feel at liberty to decide, without doing 'what had
been intimated; and his Lordship concluded by stating
that he would attend in chamber the next morning, at
eleven o'clock, and announce what his decision would
" Mr. Barry said he would desire to argue upon the
nature of the depositions.
" Mr. Murphy was prepared to show that they never
could warrant the verdict which the jury
had thought
fit to return.
" Judge Crampton did not think it necessary to have
any argument on this point."

DINNER TO TEE HON. GRANTLEY BERKE/X.lc.--
On Wednesday evening a public dinner was given at Than'
bury to the Grantley Fitzhardinge Berkeley by the
electors of West Crlocestershire, in testimony of the ebitimaare
tion in which his twenty years' Parliamentary nervic,f;sf the
held. Colonel Master presided, and, in the course -Hunt
evening, a handsome candelabrum, manufactured gr. iiei..
and noskell, was presented to Mr. Berkeley, '''
ston, from the agriculturists of the westernadivb
their respect
county of Glocester, as an acknowledgment of" their
3 test of
for him as their late representative,
and also
gessn intimi-
their disapprobation of the the system g
ohim at the last and
dation, and coercion" practised against
c ben obliged to resign a
previous elections, by which he had
constituency which he had reprecsarn
Berkeley, in acknowledging
him, addressed the meeting,"
persons, for nearly an
Liberal principles, and
free trade to all, without
system, by which the
advantages. tNhvehich
ented for 20 years. Mr.
division of the
pliment thus paid to
numbered about 1,200
declaring his adherence to
hveunr'xiety to extend the benefits of
hi/suaintaining the present limping
farmer alone was excludeci from its
T ~,s Builder says : We regret
ExcussloN
excursion-trainand‘vhichsyisitesmtil,l
a profit-
ablewhich yielding we
maybe
said to have
originated,
the railway companies, is in many co!s
harvest
to notice that ty
in to:;. disorderly and shameful a manner, that it
is but too likely..
time,
to come altogether to a speedy terminus.
bung, want of accommodation, neglect of .
e lc
• tion of clothing in open horse-Doses near the engines,
destruction
conducted cotfesdcram
obliterating all pleasanter
and other disagreeables, are fast
desire to turn
1 associations as to railway excursions in the minds of ale
and the companies, in their. working classes ;
all
to bring the proets
all and sundry with it, and very soon ,___ltn.
the system into profit and no outlay, are likely to disgust
themselves arising from it to a centeraptitile aim=