The Sun.
London, England, 1848-08-16 00:00:00

THE STATE TRIALS.

DUILIN, Auc. 14.—The Court sat at ten o'clock to-
day► when John Martin was arraigned at the bar,
charged with having published in the Felon newspaper
certain articles of a felonious character, to deprive the
Queen of her style, honour, and title, &c., and levy war
against her Majesty.
Mr. BUTT, Q.C., applied for a copy of the indictment,
which, after a long argument, in which the Attorney-
General and Solicitor-General opposed the motion, was
promised to the Learned Counsel by the Counsel for the

Crown.
♦PPLICATION AGAINST THE PROPRIETOR OF THE
" DUBLIN ETENING POST" FOR QONTENPT.
Mr. BUTT, Q.C., applied to the Court for permission to
have an affidavit sworn by Mr. Edward O'Rorke, attorney
for Mr. Kevin Izod O'Doherty, to enable him to make
an application of a very important character.
Mr. BUTT, Q.C., said that his application was for
an attachment against the proprietor and editor of the
Dublin Evening Post, and that he be required to attend
that Court to answer for the said contempt. The affi-
davit of Mr. O'Rorke stated that ho purchased a copy of
the .Dublin Evening Post, which was published on Satur-
day evening, at the office in Suffolk-street; that paper,
he alleged, circulated extensively amongst the persons
who served as jurors for the city of Dublin; and the
publication of the evening to which lie referred con-
tained what purported to be a report of the trial of Mr.
Kevin hod O'Doherty, accompanied by comments which
were calculated to intimidate jurors, and obstruct the
due administration of justice.
The CHIEF BARON said the Court were not prepared
upon a single publication to adopt the summary pro-
ceedings suggested by Counsel, but they would direct,
in the same manner as had been observed in the case re-
ferred to by Mr. Butt, that no comments should be made
upon any of the proceedings connected with the present
Commission. His own strong opinion upon the subject
was approved of and coincided in by Barou Pennefather,
that there could nut be a greater offence against public
justice than for a publisher to apply the means at his
disposal to influence the persons before whom the trials
were to come, and who were to be the judges of the im-
portant question at issue, by the insinuation of any mo-
tives of an improper character, or to intimidate them
in any way from discharging their duty fairly and
properly.

PROSECUTION OF MR. MARTIN.
Mr. BUTT then applied to the Court to have the trial
of Mr. Martin postponed for a day, on the ground that
he was not yet quite prepared to defend him, owing to
the statement made by the Attorney-General, on Satur-
day, to the effect that he would put Mr. O'Doherty on
his trial once more on this day. Another ground for
this postponement was to be found in the fact, that a
variety of new matter had been introduced into the in-
dictment which did not appear in the original informa-
tions, being articles published in the Felon since the
periA of Mr. Martin's arrest. The Crown would not,
he thought, be inconvenienced it the application was
grant. d, as Mr. Ferguson was then prepared to defend
Mr. Williams, the other proprietor of the Irish Tribune,
whose trial might therefore be proceeded with,
The ATTORNEY-GENERAL Stated that the Crown were
not prepared at that moment to go into any case with the
exception of that of Mr. Martin.
Baron PENNEFATRER was of opinion that there was
abundance of time for Mr. Butt to read over the now
matter i❑ the indictment before he would be called on to
defend his client.

The jury panel was then read over by the clerk of the
Crown, each juror being called upon a penalty of 501.
However, a considerable number of jurors absented
themselves, notwithstanding the largeness of the fine.
On the name of Mr. 'John Baggot Oldham being
called,

Mr. BUTT challenged the juror on the ground that
he was one of the jury in the trial of Mr. O'Doherty.
Baron PENNEFATHER—That is not an objection that
we can attend to, Mr. Butt.
Mr. BUTT—Then, my Lord, I challenge him for
another cause, namely, that he has already expressed an
opinion in this case, to the tffect that he (Mr. Oldham)
thought Mr. Martin was guilty of the offence charged
against him, and that he ought to be convicted.
Two triers were then appointed (Messrs. William
Tilley and George Studdert) to try whether the juror
had expressed such opinions in the case as would dis-
qualify him from serving on Mr. Martin's trial.
Mr. BUTT said he would ask Mr. Oldham this question
—whether he had ever stated that if he was placed on
the jury he would convict Mr. Martin?
Mr. WHITESIDE said that Mr. Butt was not entitled
to put such a question to the juror. Lord Tentorden
had given an opinion that it was a most disparaging
thing to a juror to suppose that he was capable of acting
against a prisoner because of a difference in his political
sentiments, and that it was necessary for those who ob-
jected to the party to prove him to be disqualified by
adducing extrinsic evidence to show that he ought not
to be permitted to serve,
Baron PENNEFATHER stated that the Court had de-
cided on relying OR the decision of the Court of Queen's
Bench in England in the case of " the King v. Edmonds,"
which was quite conclusive against the propriety of put-
ting such a question to a juror.
Mr. Charles Mathews, one of the jury on the trial of
Mr. O'Doherty, was then sworn and examined by Mr.
Butt.
Mr. BUTT (to the witness)—llad you any conversa-
tion with Mr. Oldham in the jury-box on Friday or Sa-
turday on the subject of the State trials generally?
Witness—l had.
The ATTORNEY-GENERAL Did that conversation
occur while the jury were locked up in the last case?
, Witness—lt did. We chatted on the merits of that case,
and the jury expressed opinions as to the probable effect
of these trials on the country.
Mr. BUTT—Did Mr. Oldham take part in this con-

versation?
Mr. HATCHELL, Q.C. (interrupting), !Submitted tha
communications occurring between jurors in the jury
box were to be regarded as privileged communications,
and should not be inquired into.
Mr. BUTT contended that cases might arise (and the
present case was one of them) in which it was necessary
to ascertain the fitness or unfitness of a juror to serve,
although the expressions which were objected to had
taken place in the jury-box. For example, if Mr.
Oldham had declared in the jury-box that be would con-
vict every single prisoner to be tried during the state
trials, ho considered he was entitled to examine him as
to whether be had uttered such a sentiment.
Baron PENNEFATHER differed from the opinion ad-
vanced by Mr. Butt. In the case of" the King v. Ed-
monds," already alluded to, it had been decided that
unless proof was given that the juror entertained malice
against the prisoner the Court could not order him to be
set aside; and he did not think that the Court could re-
ceive evidence of any other declaration.
Mr. BUTT observed, that although he was unable to
prove the evidence of what the law would term malice,
yet if the party said " that he believed it would be es-
sential to the public peace that every one of these pri-
soners should be convicted," he would be prepared to
act from a motive which ought not to influence the
judgment of a juror. Ile therefore contended that he
was entitled to ask Mr. Oldham whether he had made
any declaration to the effect he had stated.
Baron PENNEFA'FHER stated, that there was no doubt
that if a juror declared, while in the jury-box, any
opinion unconnected with the case of the prisoner on
trial, he might be examined in reference to it; but if
such opinion was made in reference to the case then on
trial (as was the fact iu the instance of this gentle-
man), he did not see how the Court could allow the
matter to be inquired into. A hue must be drawn be-
tween discussions which a jury have one with another
and discussions which take place between them on mat-
ters which are not intimately connected with the subject
of the trial.
Mr. BUTT—In that case, my lord, we will challenge
Mr. Oldham peremptorily.
On the name of Mr. John Phayre being called,
Sir C. O'LQaultgli said that be had been informed