The Sun.
London, England, 1848-05-27 00:00:00

BRUTAL WHIGS:

"People of Ireland,—Mark these facts, and learn the
value of that liberty which you enjoy under the British
Constitution.
" There is a certain book called the Jurors' Book,
which contains the names of all the citizens of Dublin
qualified to servo as common jurors. Out of all the
names in this book the Sheriff is supposed to select, in-
differently, a sufficient number to act as jurors at each
commission.
:ems tka ntths enearly Catholics as 3
areto
T. hie' re are not nearly three Catholics for one Protestant.
a these
names,tbers'
a;
avAne tt
as
nodt
there.
ipresentwhicheoaeprleeend i
onlyen3t
enemy
including
em26Bybaoroeyk Presbyterians.contains,Catholics.
Catholics,
Observe,
sd e altogether,rl;
2e3,
stha there
re
e4i.
Pro-
testants, are
" Out of those 4,661 names the Sheriff has chosen 156
to act as jurors at the present commission. Amongst
‘,.:anthtohleicsJuofrorsßook
letthe Catholics are to the Pro-
testants
theain Protestantsst3,your
u
panelhostility t
three
reselectedelPresbyterians
'indifferently
panel.
Shame on the miscreants
b
throe wouldac
her o
treacherous
strike
devices. down
pour minds any Ireland,not these facts create in
countrymen. Be not afraid• their hands. In two recentProtestantone fellow-
countrymen. lfiovwe -.
to intrust your liberties into
that patriotism is taking the instancesl they have proved
breasts, aud that they can nIP ace of bigotry in their
garrison of England. Cultivate
be relied on as the
and let all your hostility be reserved this improved spirit,
tyranny which lives by our divisionsved for the pestilent
presses equally upon all." , and whose yoke
The admirers of Mr. Mitchel aro pla •
tive game of sending threatening letters.ying the destruc-
tive
of the
jurors recived a note menacing him with
assassination
should Mr. Mitchel be convicted.
Public as well as private intimidation has I
vented in the following fierce denunciation, whichasbeen
been extensively circulated throughout the city; has
"To the Jurors of Dublin.—God's truth has been
spoken and written by John Mitchel. lie has pro-
claimed to the world the labourer's right to live in the
land of his birth by the sweat of his brow; the farmer's
right to the fruits of his labour, his capital, and his
skill. This is God's truth. Will you, jurors, pro-
nounce, by your verdict, God's truth to be a seditious
libel—a ' felony ?' If you do (which God forbid), then
the blood of that innocent man of truth, John Mitchel,
r returned a s f from mo n that
the
be on you and yours to all eternity ! The curse of God
will fall upon you! The fate of perjurors and assassins
awaits you! ! Attend to your oaths, and a true ver-
dict give ! ! !

" ONE OF THE PANEL."

TRIAL OF MR. MITCHEL.
The interior of the court was full of bustle, and in-
deed, confusion from an early hour, and every available
seat on the floor of the court was filled with gentlemen
of the bar. The following gentlemen attended for the
Crown;—The Attorney-General, Messrs. Henn, White-
side, Baldwin, Smyly, Q.C., and Mr. Perrin. On the
part of the prisoner—Sir Colman O'Loghlen, Messrs.
Holmes and Pigott.
Their Lordships, Baron Lefroy and Mr Justice Moore,
appeared upon the bench at half•past 10 A.M., and the
panel was then called.
Sir COLMAN O'Loonizx having ascertained that the
Sheriff had signed the panel, challenged the array for
partiality and unfairness. The challenge was read by
Sir Colman, and alleged that the array had been made
contrary to the usual practice in that court; that certain
names whom it was supposed would be unfavourable to
the prisoner were put on the panel, and others supposed
to be favourable were omitted ; and alleging other unfair
arrangements.
The ATTORNEY-GENERAL asked a few moments to
consider the challenge, which being allowed, all the
Counsel for the Crown retired, and after some time
again entered, when the Attorney- General said that he
joined, as the panel was perfectly fair, equal, and im-
partial.
Mr. HOLMES repeated a motion ho made yesterday, as
evidence must be had, he desired to produce a witness—
the brother of the Attorney-General.
The ATTORNEY-GENERAL opposed tho reception of
the affidavit offered by Mr. Holmes.
Mr. Hor,mEs said it must be the desire of the Crown
to prove the panel not only chaste, but above suspi-
cion. They had served a subpoena on Mr. Monahan,
who it appeared had proceeded to Galway to attend
a fair, and he had left town most unexpectedly.
They had used all the diligence they could, and it
would be most fatal to them to proceed in his ab-
sence. There was a suggestion that he left to avoid
giving evidence.
The ATTORNEY-GENERAL read a letter from surgeon
Monahan, brother of the absent gentleman, who nega-
tived the suggestion of leaving town to avoid being
served with any summons. He contended that they
ought rot to get any further time, because if they had
given notice to the Crown Solicitor on Tuesday, the day
the trial was fixed, it would ;have been possible to have
Mr. Monahan present that day.
Mr. HOLMES said it was not for him to observe on the
refusal of the Attorney-General to consent to postpone-
ment, but really it was very hard.
Baron LEFROY—The application now made to us must
be dealt with as any other case. It was an application
quite ordinary—the question being, had the prisoner
made a case? Many thought that the application was
founded on grounds sufficient; but the Court, even in
capital cases, required something more. The Court
required that due diligence should be used after the
materiality of the witness, and that the witness had got
sufficient time to be in attendance. No doubt, if a
prisoner satisfied the Court, that even on the day of
trial it should be made appear to the Court that the
witness could give evidence material to the defence of
the prisoner, that would oblige the Court to postpone
the trial for the appearance of that witness. But it was
the duty of the Court to see that no encouragement was
given by the Court to the delay or obstruction of justice.
His Lordship then said the bills were sent into court in
this case on Saturday—notice was given that it would
be proceeded with. The Court addressed the grand
jury on the subject. The bills were sent up in the
course of Monday, and the grand jury sent down the
bills. Various preliminary matters were discussed,
and on Tuesday an application was made by
the Attorney-General to fix Wednesday. His Lordship
reviewed the other proceeding preliminary, and stated
that they had no evidence to show that they had recently
become aware of the materiality of the testimony of the
witness, or of any due diligence being used to secure his
attendance. On the contrary, if they had to judge of
the question whether it was not intended to abuse the
rule of the Court, the abstaining from giving due notice
to the parties who would have kept the witness in town,
they would doubt the bona fides of the application, and
the Court were bound to refuse the application.
Mr. Justice MOORE said he would not enter further
into the case than to say that sufficient grounds in law
were not laid for the application.
Mr. Thomas J. Quinton and Mr. Worthington, the
former foreman of the county grand jury, and the latter
another grand juror, were sworn as triers.
Mr. Peter Cassaday, an attorney, was the first witness
examined. He deposed that he practised as an attorney
for six years constantly in that court. Was acquainted
with the class of jurors generally in attendance. Ex-
amined the present panel. They were not the same
class of jurors as usually attended. They were rather
a more respectable class of persons on the present panel
—he meant more wealthy in circumstances—that was
the only difference ho saw.
Mr. Peter Slevin, an officer of the corporation, was
next called on. He deposed that he was very frequently
employed in registering proceedings, and knew the city
well.

Sir COLMAN O'LocnLEN then asked him did ho know
how many Roman Catholics were on the panel?
The ATTORNEY-GENERAL objected. lie did not see
what that bad to do with the panel.
Sir COLMAN O'LOGHLEN said he thought it would be
found relevant. For whereas the Catholic jurors were

to the Protestant on the jurors' book as four to one, the
number of Catholics did not on the panel bear to the
Protestants the proportion of one to six. Sir Colman
quoted the case at the Queen's County Special Com-
mission before the late Chief Justice Bushe in the year
1837.

Mr. lIENN, Q.C., was heard contra. The sheriff was
at perfect liberty to place upon the panel in any posi-
tion he pleased, and in any numbers as to any party he
pleased, and the only challenge could be whether
he had done so corruptly or not.

Baron LEFROY—Suppose it should occur that a poor
man was on his trial and that the sheriff should place
on the panel a large number of rich men, would you
think that was unindiffrfnt?

......
Mr. lloLmEs—l think it would.
Baron LEF ROY
—Lord Tenterden has decided con-
-1 Y*

John Broughton was then called, and stated that on
,he 13th of May he was served with a summons to attend
here as a juror. His name did not appear on the panel.
He was asked of what religion he was.
The ATTORNEY-GENERAL objected.
Sir COLMAN O'LOGHLEN said their object was to show
that Roman Catholics summoned before the arrest of
Mr. Mitchel had been left off the panel after. That
would be a consideration for the triers.
Anne Broughton, wife of the last witness, was called,
and proved that the summons had been handed to her
by a man whom she had never seen before. Did not
know him.
Mr. Ponder, sub-sheriff of the city of Dublin, deposed
that the summons was issued by his officer when
he got the panel. He (witness) had ordered a person
named Wheeler to issue those summonses. It was his
(Mr. Ponder's) duty to prepare panels. He did not
interfere with this panel ; did not see it until the
day before the commission. Did not see the list
before the engrossment. Had no conversation about
the panel with anybody. Some of the summonses for
the present commission were issued before the calendar
was made out. Proved a summons to Mr. Rossborough,
also in Wheeler's handwriting.
To the ATTORNEY-GENERAL—He does not know of
any interference with the panel by the Crown or any-
body on their part.
Mr. Rossborough was then called and proved the
receipt of his summons. The question whether he was a
Catholic was objected to.
Mr. E. J. Milliken was then called. He was on the
present panel; was summoned on Friday last.
Mr. French (High Sheriff)—He prepared the presente
spanel
na
wt
hAaltr .day.
T Hamilton'herse hv.o,
eursee ,p
ehri
ss 0
ns us bg-os
ihnegnitin.
andC aonu
tt
of the room. Thinks the whole panel was made out
on one occasion. It was about tho 13th it
was made out, and all on one occasion. Gave the
copy of the panel to Mr. Hamilton, his returning
officer, and asked him as to the position of parties as torespectability.
Mr.Hamilton.lWlandennottheanlyistcownassidneiraadteioonuto,
fgave it
religion
ioton
or politics in making it out r;
religion or politics might
have been mentioned, but he cannot say.
To Mr. llnsie—To the best of his knowledge he ar-
ranged that panel fairly. No one had suggested to him
sanhie'irtiz:hef.i,Nngs.vaaAss to the arrangement of the panel.
was done in A.
presenthis Hamilton,
of
n
the
p .d
knew returning
arrangingnot
selecto officer c
oe
fr
the
ti
.1 ofe
names
panel.il i g hly-t
and respectability. Some ho took las
jsuadygheofwrommat y. 'Thinks respectability
chance, but men whom hel
capable
Never
efn
yorewor
Knows
heard
1 li
fn
rg. et
partly
aatrnhteel3e7cbocuanhtmsajrsaastncsnbt
le9nrt
nbat. He had no kmnotTle;dgbuetofhethedirid
reli-
gion
Wathheemeleeronver,
and
se upon any
respectable,
and
d
publicg.inot oa b
oe
riquestion.n politics.
to give him a list of parties who were'
who were generally placed on juries.
Mr. HOLMES—But these were generally not on panels
Witness, in continuation—Wheeler had given him a"
list, and he took some from that list, and others from
the jury book. Wheeler had given him a list of about
100 names.
Baron LEFROY, in addressing the jurors very briefly,
said in the opinion of the Court there is no evidence
whatever to sustain the charge.
The jurors then returned as their finding, "That the
panel had been fairly and impartially made out by the
sheriff and his officers, and therefore we find against the
challenge."
The following jury was then sworn, after the prisoner
had exhausted his challenges, and a large number had
been ordered by the Crown to " stand by ;"—John
Whitty, woollen draper ; W. Fletcher, Robert Thomas,
William Horatio Nelson, Frederick Rambaud, William
Mansfield, Halwood Clark, Richard Yoakley, Edward
Rothwell, Jason Therweod, Thomas Bridgford, James
Collyer.
The jury having been called over, the Clerk of the
Crown proceeded to read the indictment, which the pri-
soner's counsel demanded that he should do at length.
The first publication on which reliance was placed was a
speech delivered by Mr. Mitchel, in Limerick, and sub-
sequently printed in the United Irishman. Next he
read another publication from the 13th of May, 1848,
i entitled "The Times on Rebellion." From the same
journal, another article of the same date, entitled "To
the Protestant Farmers of Ireland." The second and
third counts were the same as the first ; the fourth
count varied the other three. There were in all ten
counts, varying the charge, all founded on the publica-
tions of the 6th and 13th May. It was now, after the, reading of the indictment, twenty-five minutes to fire
o'clock.
The ATTORNEY-GENERAL said he did not like to
break the case, and as it was impossible it could termi-
nate, or even the opening, he would ask if their Lord-
ships would have any objections to adjourn till to-mor-
row, when the whole trial must conclude.
This arrangement was acceded to, and the jury was
locked up, with instructions to the sheriff to afford them
all proper refreshment.

NAVAL INTELLIGENCE.
PCRTSMOITTII, MAY 26.—The royal yacht Fairy,
Captain Lord Adolphus Fitzclarence, embarked her Ma-
jesty and the Court this afternoon at East Cowes, and
brought them to this port at half-past three o'clock, on
the return to London. The usual ceremonies were ob-
served. On landing at the Royal Clarence-yard, Sir
Charles Ogle, the Commander-in-Chief, and Flag-Lieti-
tenant Cochran; Major-General Lord Frederick Fitz-
clarence (attended by Major Harvey, Captain Purvis, and
Captain Wemyas), Aides-de-Camp; Rear-Admiral Pres-
cott, C. 8., and Flag-Lieutenant Aplin; Captain James,
Royal Engineers, Sc., received her Majesty. The guard
of honour was composed of the Royal Clarence Batta-
lion, and headed by the Commandant, Colonel and Cap-
tain-Superintendent Sir E. Parry, and Major Grant.
The excellant band of the corps played the usual salute.
The royal train left the yard at about a quarter to four
o'clock for Nine Elms. The chief officers of the railway
were in attendance.
COMMISSIONED SHIPS IN PORT.—The Victory, Illus-
trious, Howe, Bellerophon, Victoria and Albert, Excel-
lent, Hastings, and Blenheim; Scourge, Medusa, Merlin,
Lightning, Fairy, Fire Queen, and Echo steamers; Sea-
flower, Fanny, Mercury, and Rolla steamers; Ports-
mouth yacht.
In Dock—The Ajax, Pembroke, Orestes, and Fire
Queen.
In the Basin—The Arrogant, Malabar, Growler, and
Cormorant.
At Spithead—The St. Vincent, Prinee Regent, and
Powerful.
CHATHAM, MAY 26.—The Venus, 46 guns, for the
service of the Marine Society, is ordered to be docked,
and her copper stripped off, and her bottom re-caulked,
and fitted for the purpose.
The Poictiers, ordinary guard ship, is to be used for
the practice of the great gun exercise by the Royal
Dockyard Artillery and Boat Brigade, instead of fitting
the Latona, 46, as was proposed.
The Southampton, 50 guns, in dock, fitting for com-
mission, is so far completed in her rigging and fitments
that she is ready for the pendant.
The Ranger, 6 guns, is taken into dock to make good
defects, and to be immediately fitted for sea. She is
ordered to be ready for commission next month.
The Admiralty have ordered a supply of shoes to be
provided for the non-commissioned officers and men of

the Dockyard Battalion; each man is to have a pair
every three years.
Mr. D. Harding and Mr. Richard Dunn, inspectors of
shipwrights at this yard, are promoted to the first class,
and Mr. George Pike, shipwright,is appointed first-class
draughtsman, vice Robinson, promoted.
The Admiralty have awarded. to Mr. John Sheffield,
foreman of the yard, the gratuity of 501., agreeable to
their Lordships circular of the 27th of February, 1847;
and have expressed their pleasure of the high cha-
racter which he has always sustained during his long
servitude.
The Aid, from Portsmouth, is refitting, and the Ro-
chester is loading for Portsmouth.
The Trident steam-vessel, Lieutenant-Commander
Risk, arrived on the 24th, and embarked a detachment
of Royal Marines, consisting of four sergeants, one
corporal, and 108 privates, in charge of Captain William
Lee; this officer is for service on board the Vanguard,
80 guns. The detachment furnishes for the Queen one
sergeant, one corporal, and 39 privates, and the re-
mainder are for the Hibernia and Rodney; one sergeant
is :or the Howe. The Trident left the same day.

APPOINTMENTS.
ADMIRALTY, MAY 27.—William A. Fellowes, Lieute-
nant, to the Howe; Thomas H. Games, Master's As-
sistant, to the Wildfire; Frederick IL Smith, Midship-
man, to the Victory; John Gouldsworthy, Boatswain,
to the Hastings; George D. Murray, Lieutenant, to the
Meander; John H. Ferguson, Midshipman, to the Hast-
ings; Fester Clayton, Second Master, to the Beller°.
phon;Claarles M. Hughes, Second-Master, to the Merlin.

Mr. Ennis Vivian, M.P., and Mr. Edmund Turner,
M.P., bad an interview with Sir George Grey yesterday
at the Home-office, to present a loyal eddrese to the
Queen, from Truro,