The Sun.
London, England, 1831-01-28 00:00:00

IRELAND.

From the Dublin Morning Register of Tuesday.)

COURT OF KING'S- BENCH, DUBLIN,

JANUARY 25.

THE KING V. DANIEL O'CONNELL, ESQ. AND OTHERS.

All the avenues leading to the Court were nearly as
crowded yesterday as on Monday ; but, owing to the ex-
cellent arrangements of the police, under the command of
Mr. Farrell, Chief Peace-officer of Arran-quay division,

admission was etsily obtained by all who had business in

Court.

Shortly after the Lord Chief Justice had taken his seat,
George Blagrave Snell, one of the short-hand writers,
brought specially from London to report the proceedings at
public meetings in Dublin for the Government, together
with Peace-officers Hartley and Holland, were sworn and
sent to the Grand Jury, to whom the bills of indictment
had been previously sent up.
About one o'clock great interest was excited in Court by
the appearance of the Grand Jury in their box. The
foreman, Alderman Montgomery, addressed the Court and
said—My Lord., myself and brother Jurors wish to have
explained to us why, in the several counts laid in the in-
dictment, the proclamations issued, as well as the meet-
ings, are all laid as in the parish of St. Andrew's, not-
withstanding that Home's Hotel, Ott which some of the
meetings were held, is not in St. Andrew's parish ?
The LORD CHIEF JUSTICE—II is quite immaterial in
what parish. •
The Jury then retired, and at three o'clock returned into
Court. , The foreman handed down the bills to the Clerk
of the Crown, and the greatest anxiety was evident in
every countenance.
The Clerk of the Crown then proceeded to unroll the
bills, which were very voluminous, and read aloud—•a true
bill ; and this you say for yourself and fellows ?
Foreman—• Yes.
The Grand Jury thereupon retired, and
_ _ _

•
The ATTORNEY-GENERAL rose. My Lords, I now
wish the parties who are bound in recognizances to be
called upon to appear.
Mr. P. COSTELLO, the Solicitor to Mr. O'Connell, and
the other gentlemen, addressed the Court, and said that
the parties had been in attendance all day, but were not at
that moment in Court.
The ATTORNEY-GENERAL--J shall have no objection
to their appearing in person to-morrow, but I must have
their appearance entered as of to-day.
Mr. COSTELLO—They'II appear by their agent.
The ATTORNEY-GENERAL—That won't do. I shall
be satisfied by the appearance of any person competent to
answer for those gentlemen, but I'll require their appear-
ance to be entered as of to-day.
Mr. Costello said, that ih such an important ease he
could not, in the absence of his Counsel, or those more
immediately interested, take upon him to decide.
The ATTORNEY-GENERAL—Then call the traversers to
appear upon their recognizance.
The Clerk of the Crown—Crier, call Daniel O'Con.
nell, Emq., to come into Court, and appear upon his re-
cognizance.
Mr. Costello then prayed their Lordships would allow
him half an hour, for the purpose of consulting with the
parties or their Counsel, as to what he should do.
The ATTORNEY.GENERAL..--I have no objection, my
Lords.

The LORD Ctuar JUSTICE—WeII, go on with the case
which you were arguing, Mr. Perrin; and, in the mean
time, you, Sir (to Mr. Costello), can consult your Counsel.
In about ten minutes afterwards, Mr. Costello returned

into Court with Mr. Holmes, and stated, that he ap-
peared for Mr. O'Connell, and the other gentlemen against
whom the hills were found, and undertook that their ap-
pearance should be entered as of that day (yesterday.)

ATTACHMENT AGAINST THE FREEMAN'S JOURNAL.

The ATTORNEY-GENERAL then addressed the Cour
and said—My Lords, in the case of the King again!
Daniel O'Connell, and others, I em, on babalf of the
Crown, to apply for a conditional order for an attachment
against Patrick Lavelle, for a contempt of this Court.
The affidavit, on which I move, states the fact of his being
the registered proprietor of a newspaper published in this
city, entitled the 1 reeman's Journal. On Tuesday, the
18th January, the traversers were arrested, and held to
bail to appear in Court this term, and bills of indictment
have been found against the several parties who had en-
tered into recognizance. On Saturday, the 22d January,
there was a publication in the Freeman's Journal, which
was a gross contempt of the authority of this Court. I
shall read it, my Lords : it purports to be a letter, signed
Daniel O'Connell, and addressed to his constituents. It
commences with some poetry. I may divide the letter,
and its matter, under three distinct heads, relative to this
prosecution. First, the object is to traduce and vilify
the motives and conduct of those at whose instance those
proceedings have been instituted. Secondly, to over-
awe and controul this Court in the discharge of its
judicial functions; and, thirdly, to prejudice the pub-
lic mind and to endeavour to prejudge the merits
of this case, by setting up the utter impossibility
of an honest and intelligent jury convicting the parties
of the offence with which they are charged. The Attor-
ney-General then proceeded to read Mr. O'Connell's
letter from the Freeman's Journal of the 22d January.
The letter was addressed " To my Constituents," and
dated 21st January, 1831. The Attorney-General pro-
ceeded to observe upon the following passages :—" The
charge against me in the silly warrant is split into two
parts. They are, as usual with absurd charges, contra-
dictory of each other. The first is for having disobeyed
the proclamations ! ! There is a charge for you on which
to arrest the man who has the high honour of being the
chosen representative of your county. The second is for
having evaded the same proclamations. Now if I dis-
obeyed the proclamations, it is clear that I did not evade
them ; and if I only evadetl the proclamations, it is equally
clear that I did not disobey them." Here, my Lords,
this :publication takes up a point that has served as a text
for the newspapers for the last week, assuming that I had
the absurdity to charge Mr. O'Connell with having evaded
the law, but which is evidently a misconstruction of the
warrant. " The second answer is, that even if I had
disobeyed any or all of the proclamations, I should not have
been guilty of any offence, unlesa 1 came within the terms
of the Act called the Algerine Act—which, observe, it
is not pretended cr alleged that I have done." This, my
Lords, being the fact to which the attention of the grand
jury was to be directed, and on which they were to find
the bills, if they believed the witnesses. " I would wager
any man a thousand pounds to a shilling, that one of the
legal advisers of the Crown ferretted out a passage in the
work of a modern barrister, and without examining its
slender foundation, nor the palpable manner in which this
banister contradicts himself—they have instituted the pre-
sent prosecution upon no better authority, with a hope of
reviving nothing less than the Star Chamber Law." I
should say, my Lords, for myself, that I am not the bar-
rister alluded to, nor can I say to whom it alludes.
'6 This is not the place to quote passages of law, but I
cannot resist quoting here the abstract of Lord Coke's
opinion as given in a work of the highest authority, called
Comyn's Digest. Here is the passage :—‘The King
cannot create an offence by proclamation ; and, therefore,
nothing will be pnishable after a proclamation which
was not so before." I need not say any more to show
that it cannot be punishable as an offence to disobey a
proclamation. I therefore laugh to scorn the charge
against me of ' disobsying a proclamation,' and I could
defy the powers of human ingenuity to create a scrap of
6 Judgemade Law' to suit this occasion." Now, my Lords,
I think it impossible that any human being, guilty of
writing such a commentary, could have any other object
in vietv than this—not to prejudice the determination of
this Court, but to have it believed by the public, and
from whom the Jury was to be taken, that the charge was
utterly illegal, and therefore not entitled to any sort of at-
tention. " The Act which enables a Lord Lieutenant to
use arbitrary, and indeed despotic power over all meetings,
is in its nature sufficiently severe and sufficiently uncon-
stitutional not to have it extended one iota by construction.
It is really most monstrous to talk of extending its effects by
will shortly arrive any construction, and I trust that the day

when the real advisers of this prosecution, and of the p.
mations, will meet the punishment they so justly "Ird'
thequaint language and latinity of Lord Coke, it is 113.
nil indictments conclude contra leaem et consuetudin!
contra leyes et statuia. But never was seen 11°,01
meat to conclude, contra reqiam proclamationem• r
with respect to the extension of this law, I co°.
Vie writer, that " it is not to be extended ene
c instruction ;" I know and feel that is a law it
power at variance with the principles of the O";
justified only by the circumstances of its original isc.e
warranted by the anticipation or a necessity W",,ie
since arisen, and only to be put into execution eolis
imperative obligation of those whose peculiar dutY
preserve the institutions of the country, and, tee
order of the Community renders its adoption lu°,,r,t
It is, my Lords, somewhat too bold and daring, ,
proiecutions are instituted, when his Majesty's Wylie
are upon the point of submitting the charge r
apd
tribunils, to attempt to poison the public Illinul,;/0
of any Jury that may go into that box, by 61"1,—„,0
to make them believe that the person, by W",b-e
proceedings are directed, were actuated 1,01
and most corrupt motives; and that the on le
of the persons who issued the proc!amationss
procure for those persons against whom Prooo.
printer of the Freeman's Journal, my
have been taken, punishment, whether they be Por
not.. For this act upon the part of the prop
conditional order for an attachment for their con%
this Court. If authorities are required 1 0111
pared, my Lords, to do so, although I might
cult to find another instance in point of en°rnlithe
libel se gross, or so well calculated to peilitlie ig
sources of justice; certainly such another instal
be found amongst the decided cases in the 10°--
COURT—Take a conditional order, Mr. Attern:o
Clerk of the Crown—Do you seek the
against the proprietor and printer
ATTORNEY GENERA L—Only against Pato--
aPplicition
to

the proprietor.
Mr. Costellue applied fur a copy of the inforo
which the Attorney-General assented.

MORE INCENDIARISNL

To the EDIT OR of the MORNING 11611101
Sia,—l have just received intelligence of 661.660111
occurred on Monday night at the farm of Mr. „
called E.;ley, about two miles from Woking, ,St,r •
first broke out in a barn close to the house, Wne—oflc
had In en cutting chaff all day, and had not left Iliarei
than an hour when the flames were discoveredl
the barn, which, with cow-house, stable, I goi
houses were completely destroyed ; two calve!' 'ILA.
fully burnt; the horses and fat cattle were 95700
flames were prevented from getting to the ricl:;itfi!)
other barns, by pulling down a cart-house. Fel
e time was quite still, or every thing must have en
Mr. C. was from home at the time. There o'3lool
about 500 persons, shouting, " Burn it ! Let' ibe
the ground !" &c. The dwelling-house, duriogoitorl,
flagration, was robbed of a great quantity of fuiottl:
I am, dear Mr. Editor, an old admirer of Puriii,
Manchester-street, Jan 27.

INQUEST on the RIGHT HON.
PITT, LORD RIVERS.

Yesterday afternoon, at four o'clock, Mr.
Coroner, and a highly respectable Jury, asselob
Fox and Bull public-house, adjoining the CantinlEos,
Kn'ghtsbridge, to investigate the circumstance dl',
with the death of the Right Hon. Horace Pitt, Vito
aged 54, who was found drowned in the SW°
Hyde Par on Tuesday afternoon.
The Juryk, having been empannelled and oi ,
cee led in the melancholy discharge of their dull
the body of his Lordship, which lay in as tbe
chamber. The Jury were much struck Ott
handsome appearance of the corpse. No marks 4).„01
were visible, and his Lordship, who was a
peared in a profound slumber.
fel°l

. .
Mr. John Ambrose, his Lordship's steward-jo,,+
Mistney, Middlesex, was the first witness exa100:,
stated, that on Friday last he received a 'edct, ipr-
Lordship requesting Lim to come to his Lor"v0l0
residence, No. 10, Grosvenor-place, on the„iitt. i
Tuesday, for the purpose of paying over the rl ol e, 1
arrived there about three o'clock in the arterial)! fl
purpose, and was much surprised at finding P,eiis
and family in the highest state of alarm and, Riled
On inquiring the cause, he learned that Lord -rilotii
been absent since Sunday evening, and o°' tinitejo;if
standing every search and inquiry had been ins; 'Il,.
tidings could be learnt of his Lordship. On he1111:;giV
that persons were then actively engaged in u,,,r;'V,',
Serpentine River, in expectation of finding '-'",,lll'i,'
repaired thither. He found the men dragging:,
00Ole d'end, near the waterfall, and in about five minu,t,l,9
of his Lordship was raised to the stuface an",;fPilt
The body was about two or three yards from t',ici)
It was immediately conveyed to the house in tt'd flit ,
were assembled. There were no signs of life, eu„ t!
appeared to have been immersed two or three dal; of
Juror—Did the deceased live upon good ter
Lady and family. Witness—He did, and aiW' i
, C,
most happy in their society.
~,Dic" 14
Juror—Do you know of any occurrence
~-, to
possibly have deranged his Lordship's minl,:pot'i
caused him to commit suicide. Witness--I oloot`v(
the contrary, his Lordship's affairs were in the 40
perous state, and he lived upon the most affectioP
_a
i:111.
with Lady Rivers.
Juror—When did the deceased nobleman gitc‘P-eoll"
title and estate? Witness—To the best of MY fe- -
~..1,
in 182 S ;he was never married but once. his '''' ,
Juror—Had his Lordship any defect in io be;
Witness—He was very near-sighted, so as ni's helr ii
to discern an object at any distance without t''...e bee°
glass, which he always carried with him, and "
,cll°.
ing he always wore spectacles. . de,,
~.0.
Juror—Might not his Lordship, from this :„ r')(;,
vision, have fallen off the footpath into the r`'el 11'''
dent, and thus have been drowned ? Witness oe,
extremely probable; for a more unlikely per"_° I' best
self-destruction I never saw than his LordeP'r 1
so remarkably happy and contented. AO bbl
Colonel M'Leod, one of the Jurors, here ''soi°,,f)
had lately called the attention of the Cotniti'ile fc°,;/11
Woods and Forests to the dangerous state Of t.001:0t)
or causeway at this end of the river, which %°,,cciJ;ol!
that any person might fall into the water by
cog
night without a chance of being saved, there b .1.
6rirjr
or fence. ,rlloe tr, ?
James Batten, Superintendent of the 110--„ jet ',it
Receiving-house, deposed to finding the bowia OVA
sence of the last witness; and produced era, ied,ho'l-
watch, with the appendages, and 1/. Sc. ' V 1?,
which he took out of his Lordship's pockse9.o4,
ness added, that this part of the river Nee-4181.011.04
dangerous, that no less than ten persons fe cii sre r
causeway one foggy night, a short time ago, °l' $t t
,ie irf,
difficulty saved. gil I, '.
John Baker, a footman to Lady Rivers, ‘c" At rP
, a 0
atnined. He said that his Lordship dine hteroJ''
Rivers and his family, consisting of two daub fi1j01:
son, on Sunday afternoon last. He aPris3iftti tatol'
usual, and witness observed nothing about ' 0 foetogr'
of aberration of mind. He left his resilience e. cet
nine o'clock on the same evening, which OP ,
with him, anti witness saw him no more all 1
'I his being the whole of the evidence, he
The CORONER addressed the Jury, ehe o'sll
from the evidence it appeared to him that .1.0 the i
occurrence was purely accidental, arising fr° thi
e
out state of the path. torli J
.t 01 J
The Jury, after a short consultation, ee be pelf
lowing verdict :—" Found drowned nenr.tdered 'it?
at the head of the Serpentine River, cone' 001
gerous for want of a rail or fence, where
have lately fallen in."

'l,llle
• 1
The sum collected for the natioo3
DANIEL.Esq.,
up O'CONNELL, to Fia°
trts
i '
1.0111
7,603/. Os. 10d. ers , r(jo
00

EDINBURGH, JAN. 24.---The e
reside within five or six miles of this eitipoori,p
being grievously annoyed by the DU' 1C of
‘lfre
who hourly enter their dwellings, and i'l-00,'
food. These unfortunate and miserable verh-at
means the lame, the blind, and the aged',
young and strong persons, male and fonine,
ff
no employment.
itA co
During one of Sir STAMFOSPhrotigI
tours in Sumatra, his coolies, in passing ; the;„A
came upon a tiger, crouched in the 1,3 tr," of ti,e'
diately stopped, and addressed him terr:ying
tion, assuring him they were poor people, cis,J
13asar (great man's luggage), who WOO' e an,
with them if they did not arrive in tini„,i'cl cvl,,to.c;
they implored permission to
lestation. The tiger, being startled at their of 1 is
got up, and walked quietly into the &Pt 44'.0,fi
and they came on, perfectly satisfied that ,a 10
sequence of their petition that eY.P
Raffles' Memoirs. pass quietly -e,r ,pir;e

:T~"~~

N*, 4,0
Ce4t.
Clat. wed
••••
....... —••••
per cent
ez
4'u" e e
J ilt tin to ;I
to, 1850 F
J mh. 5, 1880
141, 6, isao
4414V115, 1880
411. 5) 1870
lets or v.zezcal
k,m44ltzist uon s
447,4:A '''a°
° 5:
gaUi~byt,eis Bonds
l°r4htst7;n4;Cra.......: 1,0104170 A
bitto n. 48
lJ
loleaatnds "'"'"'
IP RE BALI
'4g, that the Peole
tPpointment p
of Bis
'll4'ver they have in
hall
b Y sUppressin
qAt 'TIES. g
published at the
Edited

q-i„,

PRIDAy EV]

sovernment
jrnd this moreu
la
FY have founC
and the o

Q.:at conference
r
por Powers
elgn Office.

It NI,-
th at Guuld a"(
re
overnmer
43 of putting
i'tB P ctab le foot
8
uatinn of aft
°roes Would se(
Our disposal
iale effect oat
tt.‘rlaY be fowl(
.cause the patriotic
of Polani
iluir°Pe and Er
giota. Let
hjeriere in fikvc
L:a.ll general Eu
ODLAs ov
it (
--
ll not be e;
w he had the
Ada to Belgic
Zuhorn cond
beaks pretty
scenes.
If
th France a
tit heir pow
1413 e
Worse tha
th flower of
it e ruins of •V
h!ernembered
40u7 more fol
iti_4(l policy
wati"'d of freeC
lt allow,
Reform
a pub
ittr iteform a
°ad are the
The follon
tel
P°4dent, vv;

Cq umour
rnr"ges is ord
r4iia fine heal!
1, supposed
The ship
to f -
'e"ino
Aar tt fora
h'g at Toul
b'e Mediterra
qussians
in
14.4' The itj
ht from
(4;6 The Tzt
1t,(1.4114 the 2
la Station].

44/I,pixer 1

in, and of the p 0
co justly me.
Coke, it is said,
t consuetudin!l
as seen 11°,Y01°

cmationem•
law, I collo)r
ctended one if
is a low cw%
of the Cost'
its originol
leussity
execution
Pe" w"!,
liar duty "
try, and the
option 41'1°1 4
rid daring) We
lJjesty'aLol,4
charge to the
rid. ev".
ablic nu
by elides
ox, boo
)n, by Sc
slated by t. 0
that the 10'0
uclainotiooO ~
whom Pr°
her they be feutor
)f the log 10
y fair their CO :cite"'
fair
aired 1 ell!! it "
I might 11,",,
nt of error ~-
ed to poiso° the
tother
in the We',
Mr. Attorit9
week the et

inst Pattie—
k

' the infoolollti°