The Sun.
London, England, 1823-05-24 00:00:00

Magistrate he considered himself, under -the direction of the
Law Officers of the Crown, and had been in the habit of re-
ceiving instructions from them from time to time.- Witness had
been a Police Magistrate 15. years ; he had been a -Magistrate
nine years before. in some cases whiehhad occurred, he had not
thought it necessary. to take inatructiona- from the Law Officers
of the. Crown. When he deemedit necessary, he had resorted
to them; and thought it correct to adhere, to their advice, in pre.
ference to his own opinion. By. resorting, to them he unques-
tionably meant that he had gone to them, and received their in.,
structions. He had sometimes gone to the Solicitor for the
Crown, but it might so happen that he had been to the other
Law Officers without going to him. It was in political cases
that he had resorted to them. In the case of the man charged
with sedition, he should take the information against the party,
and ask for further instruction from the Crown Lawyers.—
He should be disposed to follow their instructions in a case
like the present. In a case where it became a question whe.
ther or not a man should be admitted to bail, he should
act on the opinion of the Crown Lawyers. He should do
the same where a question arose as to the amount of bail.
On a question whether a man *lion's" be committed for an
alleged seditious, expression he should advise with the as,
sisting Barrister of the office. The assisting Barrister was
one of the three Magistrates belonging to it. On quei..
Lions as to whether or not an offence was bailable, and as to
the amount of bail, he should consult with his brother Ma-
gistrates. Ile should not in all cases go to the Law Officers of
the Crown. During the fifteen years in which witness had
been a Police Magistrate, he had taken the advice of Lawyers
who were not Officers of the Crown, but hal never sought it
from those who were Counsel for the Prisoner. Ile had taken
adVice front two assisting Barristers who were employed for
the prosecution, but more frequently in ardons cases front
the Crown Lawyers. In the case of a charge being made
against . the individual for using a seditious expression, or
drinking an unlawful toast, he and his brother Magistrates'
would report the case to Government, if the Government re-
commended committal he should be disposed to acquiesce. In
the case of a political character of high note being denounced
as seditious, however the character of the party, he should pro-
bablrrefer the case to Government, and on their recommends.
tion, if such were not a bailable offence, he should probably
commit him. Ile did not know whether other Magistrates held
the same • opinion respecting a case like that supposed. He
never recollected a case in which he.had been of opinion that
an individual ought not to be committed who had been emu.,
mitted on the recommendation of the Government. He be-
lieved that in some cases he had acted on the directions olGo-
vernment, as to the amount of bail to be taken. In cases una
connected with politics, witness had not been regulated in such
matters by directions from the Government.

By Mr. Secretary PEEL.—Wancsi always reported extraor-
dinary cases to the Government. This was required by the
law under which he acted as a Magistrate. There were some
cases in which he could not act without the instructions of
the Crown Officers. In some instances a fine of 1001. would
attach to his doing so. Other officers' were bound to report
to him. He was in constant communication with the Go-
vernment. Did not remember a case had ever occurred, in
which a large amount of ,bail had been required by Govern-
ment, where witness considered a moderate one would be suf-
ficient.

By. Mr. BROUGIIAM.--Witness was hound by Act of Par•
liament to report to Government the cases which came before
him. No Act of Parliament required him to ask of the Go.
vernme.nt whether he should commit or not; or to consult them
as to the amount of bail to be taken.

By Mr. 0. LAMB.ilad 110 doubt as to the propriety of corn.
mittal in this case.

_ By Air. Bnitmr ..-,-Witness had waited on the Law Officers
of the Crown some days after the riot 3t. the Theatres and had
spoken with the Attorney-General. He had not signed infor-
mations which were not sworn to in his presence.
By Mr. 8. WORT trY.—The offence charged against the
parties taken up was a conspiracy with intent to murder the
Lord Lieutenant. Witness had not thought the informations
sworn An before him such as to justify committal for conspiracy
to murder, but had committed the parties, supposing the mul-
tiplied informations obtained elsewhere made good the 'charge.
Witness would not commit where the infermatioti did nct se :T.
to justify committal. Ile did net knew that he had seen the
whole of the informations which had been taken, for they were
very numerous; hut he had seen a great number of them. Till
the late occasion it had been the practice of the witness to see
all the informations given against a party accused previous to
committal—all that were taken in his office. Na believed this
to be the only case in which that practice had been depaited
from, but could not speak positively, as his memory was some
what impaired.
By Sir J. NEwroirt —Witness had made no communica-
tion. to Government on the late occasion, but such -as would
have' been made in any former case of the same grave and se•
rious character.
Witness was ordered to withdraw.

John Gabbelt was then called in,--txamincil by Colonel
BanaY,Witness was a Magistrate in that division of Dub-
lin in which the Theatre Royal and the statue of King William
were situated. lie remembered a great. deal of irritation had
preceded the riot at the Theatre. He recollected individuals
being wounded who were collected round the statue. None of
the civil power were then present. The individuals alluded
to had been wounded by the,military. Witness had committed.
certain persons charged with conspiracy to kill and murder the
Lord Lieutenant. He had thought there were grounds for re-
ferring the case to a Jury. if the committal of parties accused
were recommended by the Government he should be disposed
to yield to their wish, considering little inconvenience could.
then arise, as the parties might subsequently be bailed before a
Judge at Chambers, who was authorized to decide upon the
'grounds on which a committal had taken place.
By Mr. Go ut.nuag,—Mr. Townsend, the Counsel, was
present when witness 'Signed the committal.
By Sir J. Nrweo T..-..WaS made a Magistrate for a work
which he had written twenty years ago.
By Mr. Puss; xt T T.—There were two or three persons
mounted on the statue on the night of the riot, but it was so
•dark the witness could not see who they were. It has since been
known that Henry Handwich was one.
By Colonel &team—Has no recollection of any riot at the
statue previous to July last.
By Mr. BuowNLow.—From the information taken at his
office, the witness would not, if acting on his own discretion,
have committed the accused. But there were other informa-
tions taken at other offices, and before the Law Officers of the
Crown. If he had had to 'decide upon his own discretion, ho
should not have committed upon the informations he had.
taken; he should then have formed a more deliberate judg-
ment, and have required all the informations to be laid be-
fore him.—(The witness then withdrew.)
Pascal Steele called and exarnined by Colonel BARRY.—
Was examined in a room at Dublin Castle before the Attor-
ney-General, and several Gentlemen. dr. Carmichael was
present; was examined upon oath. Was asked if he knew
any thing about the disturbance at the Theatre ; if he subscrib-
ed for tickets, and if he was concerned in throwing the bottle.
Answered he was not. Felt indignant that such suspicious
shoUld be entertained against hint. He was afterwards shewn
a deposition at the Police Office, and refused to sign it, be-
cause it bore no resemblance whatever to what he said at the
Castle.

gin-ttiKonn.owTs
htheereStm-diicigitoar-hGe Solicitor-General lorantitvi
itThi
ioelWlryooontstrnisnret.viat,etlnb°llll liei
personsll:oui dots
ni notpr knowpresent.
en
t. whether either
Remembers
. nobodyof them
b weret
s or
rn.
t
Carmichael and the Attorney-General.
abneridloYtDeet:tliteryeipoi:sihiwmon:witatlssla.—yt chtrryehnweiC:listrereiralei.lce' He could oltitilsyertiteenncie-
made to say that he kneW ro
man of the matter he was questioned 'about than any.man
walking through the world, witereas what he did say W 144 ~that
he knew no more td them than any citizen in his walk in life.—
(A laugh.).---He could not remember the other diterences, but
he thought they were as important as this.---(l.aughter.)
William tirarti called anti examined by Colonel BA at m-
-Was in the office of the Town Clerk on the day of the bill. bein.t
ignored by the Grand Jury ; saw Mr. Sheriff 'Plow there, and
did not hear him make use of any twit words as that no bill
would be found, and that he had managed it well ; is sure Mr.
'Sheriff Thorpe did not address inch words to hint or in Ws hear-
ing ; knows 111 r. Maenamara, and he was to.
present ; was
there when Sheriff Thorpe came in and went out. -
By Mr. Onvr TAR--tlatt an indistinct recollectiOn or what
Sheriff Thorpe said. Thinks witness risked the Sheriff whe-
titer the bill were thrown out, anti whether -he could be edmit.,
ted soon before the Grand Jury. The Sheriff said lie could
say nothing, and put his finger on his mouth and said,—", Minn
_is Millikm here.
he 1111:31111re.
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