The Sun.
London, England, 1848-11-11 00:00:00

S N 7 NOVEMBER 11, 1848.

IRELAND.

JOHN MARTIN IN ERROR v. THE QUEEN.
DUBLIN, Nov. 10.—Yesterday being the day named
for bringing up Mr. John Martin, to assign errors, the
Court of Queen's Bench was crowded at an early hour
by the political friends of the prisoner. He was brought
from Richmond Bridewell in a covered car, accompanied
by Messrs. Marques and Young, two officers of the es-
tablishment. There was no escort or guard with the car,
but a number of policeman were stationed at the entrance
to the Queen's Bench, and at other points in and about
the Four Courts. Mr. Martin was placed at the side bar,
Mr. Marques, the keeper of the Bridewell, being seated
beside him. As might be supposed, Mr. Martin's long
imprisonment was not without its effect upon him. He
seemed to be somewhat paler and thinner than when on
his trial ; but his manner or bearing was in no way
altered. He was cordially greeted by several friends in
Court, among others, by a number of the gentlemen of
the bar, including Mr. Butt, Q.C., his able and eloquent
advocate, who warmly shook hands with him.
The court was densely thronged by barristers and
others, including a number of ladies.
The Attorney-General, Mr. Smyly, and Mr. Perrin,
appeared for the Crown ; and Mr. Butt, Q.C., Mr.
_

11(iIngcs, Sir Colman O'Loghlen, and Mr. John O'Hagan,
fur Mr. Martin.

The ATTORNEY-GENERAL having been called upo❑
by the Court, stated that Mr. Martin was brought to the
bar for the purpose of assigning errors, and if the Court
pleased he would then call upon Mr. Martin to do so.
The Clerk of the Crown then read the return made by
the Governor of Richmond Bridewell to the writ of
habeas corpus. The return stated that Mr. Martin was
in his custody under sentence of transportation, passed
by her Majesty's Judges at a commission of Oyer and
Terminer.
Sir COLIIIA.N O'LOGIILEN—We have assigned the er-
rors, and are ready to hand them in. Sir Colman then
handed in a sheet of parchment containing the errors as-
signed.
Clerk of the Crown—Does the Crown desire to have
the errors read?
ATTORNEY-GENERAL—Either that or let me look at
them.

The document was then handed to the Attorney-
General, who having perused it, returned it to the Clerk
of the Crown, together with a joinder in error.
ATTORNEY GENERAL—Now, my Lords, having joined
in error, I have to apply to your Lordships to fix a day
for the argument in the case. The books aro ready for
delivery, or will be in the course of the day.
CHIEF JUSTICE What day would you say, Mr.
Attorney ?
ATTORNEY-GENERAL Monday, if your Lordships
please.
Clerk of the Crown—Are the opposite party to join in
the expense of making up the books?
ATFORNEY-GENERAL—What is the usual course?
CHIEF JUSTICE—Is there on the other side any objec-
tion to fixing Monday for the argument?
Mr. iloLmEs—There is no objection.
CHIEF JUSTICE—Very well, then, say Monday.
Mr. lIoLmEs —As to the expense, I don't know that
in Crown cases it is the practice for the defendant to join
in the expense.
Sir COLMAN OIOGHLEN said, that in Mr. Mitchel's
ease, and also in Lynch and Conway's case, the Crown
made up the books themselves. He understood from
Mr. Curran that in all such cases in which he was con-
cerned, the Crown always did so. In fact that appeared
to be the practice of the Court.

Mr. Ke-mmis--It is not the practice. Wo only pay for
)ur own books.

ATTORNEY-GENERAL—I don't know what the prac-
tise is; but Mr. Bourne must know it.
Sir COLMAN O'LOGHLEN observed, that in O'Connell's
case also the Crown made up the books.
Mr. Bourne said, that in Gray's case the Crown made
up the books, but he got leave to sue in forma pauperis.
Sir COLMAN O'LOGHLEN—But in O'Cennell's or
Mitchel's case, the parties did not sue in forma pauperis.
Mr. NAPIER, Q.C., observed that, in the case alluded

to by the Crown, the party did not come before the
Court on a writ of error, but on a motion in arrest of
judgment.
ATTORNEY-GENERAL—Are you in this ease, Mr.
Napier?
(Mr. Napier is retained in the writ of error case, for
Mr. W. S. O'Brien, but not for Mr. Martin.)
Mr. SMYLY—The Clerk of the Crown, who receives

the fee, must know what the practice is.
Sir COLMAN O'LOCHLEN—III the last caso in this
court, that of Mr. Mitchel, the Crown made up the
books thenuelves, and I submit that the same course
should be followed now.

Mr. Justice PERRIN—Is there any rule of court on
the subject?
Clerk of the Crown--ikT-b, my Lord. When there are
no fees, the party sues iniprnia pauperis.
CHIEF JUSTICE—Let Monday be fixed fur the argu-
ment, and let this matter be mentioned again. In the
meantime inquiry can be made as to what is the practioo
in such cases.

Mr. Martin was then removed from court, placed in a
covered car, and conveyed to Richmond Bridewell. The
car was escorted to the bridewell by seven mounted
policemen.

Shortly before the rising of the Court, the ATTORNEY-
GENERAL came in, and addressing their Lordships, said
that, strictly speaking, the plaintiff in error would be
bound to pay a portion of the expenses; but in conse-
quence of the four-day rule, and as the Court had fixed
Thursday for the adjournment, no question would be
raised relative to the expenses. The Crown would fur-
❑ish the books, if their Lordships pleased.
CHIEF JUSTICE—Very well; but is this to bo the rule
in all similar cases?

ATTORNE7•GENERAL—Oh, no, my Lord; we don't
intend to establish a precedent in this matter, but merely
to forward the business of the court. We won't ask
the other party to pay for the books. The subject then
dropped.

Tile following is a copy of the document handed in by
Sir Colman O'Loghlen, on the part of Mr. Martin, set-
ting out the errors alluded to:—" And now, that is to
say, on Thursday, the 9th of November, in this same
term, comes the said John Martin, into the court here, of
our Lady the Queen, before the Queen herself in his
own proper person, in the custody of the keeper of her
Majesty's prison, called Richmond General Penitentiary,
on the South Circular-road, by virtue of a writ of habeas
corpus duly issued in that behalf, and immediately says,
that in the record and proceedings aforesaid, and also in
the giving the judgment aforesaid, there is a manifest
error in this, to wit, that by the record aforesaid it ap-
pears that judgment was given upon the record afore-
said, for our said Lady the Queen, whereas by the laws
of this realm judgment ought to have been given
thereupon for the said John Martin, and against our
said Lady the Queen, and, therefore, in that, there is
manifest error. There is error in this, to wit, that it
does not appear by the record aforesaid that the jurors
aforesaid, by whom the said indictment was found, a true
bill was sworn by, before, or in the presence of the com-
missioners and justices of our said Lady the Queen, in
said record mentioned, or any of them, or by, before, or
in the.presence of any court, commissioners, justices, or
other person or persons empowered in that behalf, to
swear said jurors, or administer to them an oath; and,
therefore, in that there is manifest error. There is also
error in this, to wit, that it does not appear by the record
aforesaid, when or where the jurors aforesaid, who found
said indictment a true bill, were sworn as jurors, or that
they were sworn or charged to inquire for or on behalf
of our said Lady the Queen, and the body of the said
county of the city of Dublin, in manner by law required;
and, therefore, in that there is manifest error. There is
also error in this, to wit, that it does not appear by the
record aforesaid, that the jurors aforesaid, who found
the said indictment a true bill, had any jurisdiction
to find the said indictment a true bill, and, therefore, in
that there is manifest error. There is error also in
this, to wit, that it does not appear by the record afore-
said,
that the said indictment was found a true bill by
twelve good and lawful men of the body of the county
of the city of Dublin, as in that behalf is required by
law; and, therefore, in that there is manifest error.
There is error akeo in this, to wit, that it appears by the
record aforesaid, that judgment was given for our said
Lady the Queen, against the said John Martin, upon
each and every of the counts of the said indictment,
whereas judgment should have been given on each and
every of the said counts for the said Jahn Martin and
against our said Lady the Queen, inasmuch as each and
every of the said counts in the indictment is bad in
point of law, and, therefore, in that there is manifest
error. There is error also in this, to wit, that by the
record aforesaid it appears that judgment was given for
our said Lady the Queen upon the demurrer put in
by her Majesty's Attorney General to the challenge
or him, the said John Martin, to William Dutf,
one of the jurors aforesaid, who passed upon him,
the said John Martin, on the indictment aforesaid,
whereas judgment should have been given for him, the
said John Martin, upon the demurrer aforesaid ; noel
therefore in that there is manifest error. Ther.e.is also
error in this, to wit, that bythe
againstvre him, theordaferesardi saidep.
pars that for the felony charged
countsliar t:Martin,
of
"114, -
;Ji
Inn rent atfionr,eisna
such
id, he, dthe v esrayi d ofh
Johnte ad
j Aged to be transported beyond the seas for the term of
ten years, from the 8,11 day of August last, whereas by
:9-,v no such sentence could be pronounced ; and, there•
l'ere, in that there is manifest error. There is error
:Aso in this, to wit, that the judgment aforesaid passed
upon him, the said John Martin, is insufficient, uncer-
tain,
and defective, i::formsl, and not warranted by the
common or statute law of this realm; and, therefore, in
that there is manifest error. There is error also in this,
•hat there is no place mentioned in the judgmeat afore-
said, to which the said John Martin should be tram.-
exted, contrary to the form of the statute in such cam
!wide and provided ; and, therefore, in that there is ma-
hifest error. And the said John Martin prays that the
judgment aforesaid for the errors aforesaid, and divers
other errors' in the record and proceedings afore-
raid, mayi: be reversed, annulled, and altogether
holden far nought, and that he may be restored to all
things which he has lost by reason of the judgment
aforesaid, and so fort" h.
JOHN MARTIN.
" COLMAN M. O'LOGIILEN."
THE POLITICAL PRISONERS.

Mr. James F. LEllor is described by a correspondent

[PRICE SD.

of the Freeman as being dangerously ill in Newgate.
An application for his release, with medical certificates,
has been forwarded to Government, and it is hoped that
there will be, in this gentleman's case, a prompt exercise
of humanity. The medical men declare that it is impos-
sible that he can recover if not immediately removed
from the damp walls of Newgate.
The State prisoners who remain in this prison are—
Messrs. Charles Gavan Duffy, Francis Hanvey, Dr.
William M'Carron. John Lawless, James Bergin (of
New York), Dr. Charles Henry West, Cornelius R.
Mahony, James Doyle, Timothy Sexton, John Martin
Burke, Richard Franks Ryan (of Cincinnati), Eugene
Martin, James Francis Lalor, James Mlienna, Edward
Troufon, and John Evans.

Several of them have seriously in health from
the dampness of their prison. Mr. Kevin ;I. O'Doherty
was removed, within half an hour after bis recent sen-
tence, to a single cell. He appears to remain in gaol
health. Dr. West was removed to the hospital part of
the prison, at his own request, on account of the air.
The Ballingdrry men are entirely neglected. The
other state prisoners, with the exception of Messrs.
Bergin and Ryan, the Americans, have relatives and
friends in Dublin ; and, from their means, have cheer-
fully extended some occasional comforts to their less
fortunate fellow-prisoners from Tipperary. Excepting
such slight aid, the world teems to have entirely for-
gotten these poor men, who have large suffering families.
In 1843 they would have been feasted on the best the
land could afford. Must these humb!e men, so far
from home, remain longer without friends ? Where
there is a will there is always a way. They are indus-
trious, sober men, and desire to emigrate to America if
permitted.

Joux Mrrcum—There is no truth in the story go-
ing the round of the journals, from the Caledonian Mer-
cury, that John Mitchell is permitted to walk about the
quays at Bermuda, and only obliged to wear the con-
vict dress once a month, when inspected by the Go-
vernor. A letter has recently been received by Mit-
chel's family, in which he states that, owing to his
wretched state of health, he is exempt from manual
labour ; but that he is compelled to undertake the most
menial and degrading occupations. In short, he is the
servant of the Hospital Department of the hulk, and, as
such, life is a weighty b‘urden to him. _

ROBBERY OF 4601. BY A ►SERVANT.—On Thursday
last a servant girl, named Dorah Condall, who resided
with a lady named Mrs. Gore, of 15, Stephen's-green,
ran away from her mistress, taking with her a sum of
4601. in bank notes. The girl went to the shop of a
chandler, in Moore- street, where she was acquainted
with a porter, named Brennan, and said to him, " I have
plenty of money now ; I am going to America, and if
you come I will take you ; if you refuse, I will take the
first man I meet in the street." Brennan went with her,
and both parties sailed that evening for Liverpool. The
police were not informed of the facts until Saturday
evening, when Craven, of the detective force, was rut on
the scent. He, however, came too late, as it was dis-
covered that the fugitives had sailed on Saturday morn •
ing from Liverpool, by the royal mail steamer for Hali-
fax, to America, having previously paid 401. a piece for
their passage, so that at present they are out of the reach
of the officers of justice.
RUMOURED DEATH OF THE BISHOP OF LIMERICK.
—There is no truth in the rumoured death of the Bishop
of Limerick. His Lordship is in very indifferent health,
but there is no immediate danger.
PATITERIS3I.—On the 7th of November, 1846, there
were 4,075 paupers in the Cork Union-workhouse. On
the 7th November, 1847,. there were 2,693, being a de•
crease of 1,382, whilst on the 7th November this year
the number was 4,168, being an increase of 93 over
1846, and of 1,475 over that day of last year. It ap-
pears by the last report of the Poor-law Commissioners,
dated Ist of May, 1848, that the maximum number of
paupers at any one time in the workhouses of Ireland
was 116,321 on the 27th of February, 1847, from which
period to the 10th of April, the number had gradually,
declined to 104,455, while the rate of mortality had con•
tinned to increase.

CITY GRAND JURY.—The following deputation from
the Grand Jury waited on Sir William Somerville yes-
terday, at four o'clock, relative to the subject matter of
the subjoined resolution, concerning which they made
strong representations:—R. W. Law, Esq., foreman ; J.
Studdert, Esq., J. Wisdom, Esq., Codd, Esq.,
Caldwell, Esq., Deane, Esq. They were accompa-
nied by E. Grogan, Esq., M P.:—
" Resolved—That the deputation to wait upon Sir Wm.
Somerville this day be instructed to represent to him, on
the part of the Grand Jury, their unanimous and strong
conviction, that the vacancy, caused by the death of one
of the clerks of the peace for the city of Dublin, ought
not to be filled up, as they are of opinion that the duties
of the office can be efficiently performed by one person,
and that person ought to be paid by a fixed salary, the
amount of which the jury are not at present prepared to
recommend, as it would require considerable investiga-
tion in order to ascertain what the ,justice of the case
would require for the present officer, and also to affix a
salary for his Sitc.cessor.--, The jury have in view, in this
representation, the diminution of taxation on the citizens
of Dublin."

ROYAL MILITARY ACADEMY.—The Lieutenant-
Governor, Major-General Parker, C. 8., has caused cir-
culars to be forwarded to each of the gentlemen cadets
of the theoretical class at the Royal Military Academy,
extendirg the leave which was granted to them abont
six weeks ago, on the appearance of scarlatina, to the
usual period after the Christmas vacation. Their again
assembling at the academynn Woolwich-common, on
Monday next, is consequently dispensed with,
.but they
are strictly enjoined to continue their studies at home,
or wherever they may be located, to enable them to pass
the examination, which will be immediately held on their
joining the Royal Military Academy, early in 1849. The
gentlemen cadets of the practical class, studying in the
Royal Arsenal, have all enjoyed good health, and as no
interruption has taken place in their course of study,
they will shortly be examined previous to obtaining c
misstons in the Royal Artillery and Royal EngineEtrs.
THE PORTRAIT OF Pont, THE POET.—Sir Robert
Peel has, we learn, just purchased from Mr. Farrer, the
portrait of Alexander Pope, to be placed as a pendant to
that of Dr. Johnson, which is so conspicuous a feature in
his collection at Wlitehall-gardens. The picture was
painted by the elder Richardson. The portrait of Wil-
liam Pitt, Earl of Chatham, painted by Prince Hoare,
has also been purchased from Mr. Farrer, by the same
distinguished collector, to occupy a position in his gallery
of celebrated characters at Tamworth. Both these
pictures were recently in the possession of the Duke of
Buckingham at Stowe. —Atheneum.

[ADVERTISEMENT.]—John Kaye, Esq., of Dalton-
hall, near Huddersfield, in attending himself to the
preparation of that celebrated medicine, known
as Kaye's Worsdell's Vegetable Restorative Pills,
does so for the purpose of securing to the public a
medicine which has wrought more astonishing cures,
and conferred a greater amount of benefit, than
any other extant. This is demonstrated by the thou-
sands of testimonials which have been received from all
parts of the kingdom. If you are suffering from bilious
attack•, a dose or two will effectually relieve you. Do
you complain of indigestion? these Pills will strengthen
your digestive organs, so that they may perform their
functions with ease and comfort. Is your countenance
freckled, pimpled, or sallow? Kaye's Worsdell's Pills
will speedily and safely remove these, as their peculiar
office is to purify the blood, and, consequently, to carry
off those obstructions to a healthy flow which are the
cause of cutaneous eruptions. Observe:—None are
genuine unless Mr. Kaye's coat of arms, and a fac-simile
of his signature, are found on the directions for use
wrapped round each box, Price Is. lid., 2s. 9d., and
4s. 6d. per box. Sold by all respectable Chemists and
Medicine Vender,.

JENNY LIND . AT SOUTHAMPTON, THURSDAY.—
This distinguished and inimitable vocalist gave the good
folks of Southampton an opportunity yesterday of wit-
nessing her astonishing powers. The concert took place
in the Royal Victoria Assembly Rooms, and such was
the anxiety to hoar the Queen of Song that immediately
the announcement of her coming was made, tickets for
reserved seats were secttred at a guinea and a half each,
by families from the town and neighbourhood. The
room was full, although not inconveniently crowded,
there being between 600 and 700 people present. Jenny
was in excellent voice, and completely electrified those
who had not previously had an opportunity of hearing
her. She was assisted be Signor F. Lablache, Signor
Belletti, and a most efficient orchestra. Altogether it
was one of the richest treats the inhabitants of South-
ampton have had for years.
" Futs.—A tremendous 'fire broke_ out about two
o'clock on Tuesday morning, in the farm-yard of Mr.
Joseph Duke, of Dawlish Farm, near Chard, which
speedily destroyed five large wheat mows, 200 bushels of
wheat thrashed, and 100 bushels of barley thrashed, in
the barn, a great quantity of mangold wurzel, one wag-
gon, one thrashing machine, two winnowing machines,
and other property, amounting in value to nearly 1,0001.,
besides buildings consisting of one small barn, stalls,
linhays, &e., and ono very stio:lg superior built barn,
120 feet in length, with every :accessary convenience.
():.e of our town eagines, R ith the firemen and a good
stipily of hands, hastened to thy scene of &-struction;
and inere licing a good supply of water, and the wind
blowing in a f4vourable divcction, they were crabled to
save a great number of wheat, bean, and wood mows,
stables and other buildings on one bide, and the dwelling-
-I,ouse, a number of stalls, outhouses, &e., on the other.
A granary, with a quantity of grain, which stood close
to the mow were it is suppts«l the fire began, was also
preserved. Mr. Duke is insured. There are good rea-
sons for suppobing that it was the act of an incendiary;
but as an investigation is going on, we forbear at present
from making any further remark.—Sherbet ne Journal.
The following reductions in the Bristol Dock dues
took effect from November 1, 1848:—On vessels from
foreign parts, hitherto paying 3s. and 2s. per ton, reduced
to Is. per ton; ditto paying Is. per ton, reduced to 6d.
per ton; ditto from Ireland paying Sd., and coastwise,
dG. per ton, reduced to 4d. Corn, flour, meal, also cotton
and wool are free. Wharfage taken off all exports, and
in no instance to exceed 6d. per ton, and only on imports
from foreign parts.

ATTEMPTED SUICIDE.—On Friday night an old
woman, named I.l‘Donald, in a fit of drunkenness, at-
tempted to put an end to her existence by swallowing a
quantity of laudanum. Sho was saved by a prompt ap-
plication of the atomach-pump.—Glasgow Paper.