The Sun.
London, England, 1848-09-25 00:00:00

MULLINS.

The above named prisoners were called up to take
their trial on the motion of the Attorney-General.
Mr. BALLANTINE applied to Mr. Justice Platt to
postpone the trial of the whole of the prisoners until the
next session, on the strength of an affidavit, which
stated that though a person was occupied all Saturday
and yesterday at Manchester in searching for material
witnesses, he had not been able to procure them. Time,
therefore, was necessary to procure them.
Mr. HUDDLESTONE joined in the applicatios, but was
opposed by the jury on the ground that the prisoners
had had ample time to prepare their defence.
Mr. Justice ERLE, having communicated with the other
judges, declared that they were of opinion that the trial
should not be postponed. It was important that the
offence imputed to the prisoners should be settled without
delay, and that the attendance of jurymen should not be
in vain,.

Mr. PARRY (on behalf of Mullins) applied for a post-
ponement of his trial, on the affidavit of Mr. Roberts,
his solicitor, who stated that he was committed
on the 20th instant, during the sitting of the Court,
and that no briefs had been made oat, nor in-
structions given. In an ordinary case of felony—steal-
ing a pocket handkerchief—the application would be
granted as a matter of course. From the course the
Attorney-General had taken, he had not turned his
mind to the case of Mullins.
The ATTORNEY-GENERAL left the matter to the de-
cision of the Court.
At ter some discussion, the trial of Mullins was post-
poned until the ;text session.
The prisoners were then severally called upon to
plead. Cuffey, when called upon, exclaimed, in a loud
voice, " I are not guilty ; I demand a fair trial by my
peers or My equals, according to Magna Charts" which
caused some surprise, not unmixed with laughter.
Mr. BALLANTINE, on Mr. Brooks, surgeon, being
called upon to enter the box, applied to the Court
to be permitted to ask that gentleman a question
iaaterial to the case, and important for the
prisoners to know, for after all, the felony alleged
against the prisoners partook of a political cha-
racter. Ho admitted he had no information with respect
to Mr. Brooks. He applied to the Court to appoint " triers"
to enquire whether the jury to be called upon to try the
prisoners were free from political bias. lie cited the
Ist volume of Coke upon Littleton in support of his ap-

plication.
Mr. Parnell, Mr. lluddlestone, and Mr. Metcalf (all
of whom appeared for Cuffey), and Mr. Parry (on be-
beg' of Payne), supported the application, who also ap-
plied to have the panel read over. It was utterly useless
to give prisoners the right of challenge if they were
kept in ignorance of the names of those by whom they
were tried.
The .ATTORNEY - GENERAL opposed the application.
The names were called over on the first day of each
session.
Mr. PARRY said that was not in the presence of the
accused.
Mr. BALLANTINE said he understood 200 new jurors
had been summoned, whose names had not been called
over. Ile proposed to show, without disrespect to the
jurymen, that he was not unindifferent as between the
Crown and the prisoner. This he proposed to show out
of his own mouth.
Mr. Baron PLATT thought the jury could not be ob-
jected to until they were in the box.
Mr. PARRY applied to have hid application with re-
spect to the reading of the panel placed upon the record.
otherwise the prisoner could not take advantage of it if
their Lordships' decision was wrong.
Mr. Baron PLATT refused the application.
The jury having been, called and taken their
places in the box,
Mr. IIUDDLESTONE applied, on behalf of Cuffey, to have
the panel read over in the words stated by Chitty,
p. 546.
Mr. Baron PLATT inquired if the Attorney-General
opposed the application?
The ATTORNEY-GENERAL said he did not.
Mr. KENNALY called the attention of the Court to the
fact, that he cited the same authority before Mr. Justice
Erle and Mr. Justice Williams, and that they refused it.
Mr. Justice WILLIAMS reminded the Learned Counsel
that he merely applied for a copy.
The panel was then read over.
Mr. BALLANTINE intimated that the prisoners intended
to separate their challenges?
The ATTORNEY-GENERAL said, if
sixty gentlemen
were objected to, a sufficient margin would not be left
for the evidence of all parties; be should therefore take
the case of Cuffey first. You say you shall separate
your challenges. I shall, therefore, proceed upon my
undoubted right, and try Cuffey alone.
Mr. STRAIGUT then proceeded, at the request of the
Court, we understood, to read the names of the 200, the
whole of whom were called out of the New Court and
filled this Coutt to overflowing, the prisoners being ac-
commodated with seats whilst thhe list was read. hen
the list was completed the 200 were filed off.
In reply to Mr. Ballantine Mr. Baron PLATT stated
that counsel had no right to examine the jurymen as to
their position, political feeling, &c.
One or two of the jury having been challenged,
The ATTORNEY-GENERAL objected, and pleaded that
the juryman (Mr. Pickwell) was indifferent.
Two triers having been sworn, one a juryman and
the other an independent person, the objected juryman
was sworn.,
Mr. BALLANTINE proposed to ask him if he was a
special constable.
The ATTORNEY-GENERAL objected. The question
was foreign to the matter at issue.
The COURT WAS of the same opinion.
The juryman, in reply to another question, said he
had expressed no opinion with respect to the issue of this
case.
, The " triers " found that Mr. Pickwell was indifferent,
as also did two of the jurymen subsequently appointed
to discharge the same duty with respectito several others
who were challenged. One juryman, a Mr. Pembroke,
on being asked the question, said bo had expressed a
wish that all the parties might be hung.--(Roars of
laughter, in which the prisoner heartily joined,)
Mr. Baron PLATT asked him to repeat the answer, as
he had not heard it, from the noise in the Court. On
repeating it some hisses burst from that portion of the
the prisoner's
gallery in whist M. Duffey and some of