The Sun.
London, England, 1832-11-07 00:00:00

(IN o. 12,530.)

LONDON, WEDNES tV EV- NOVEMBER 7, 1842

was reading, filling her brain with romantic star, in-
stead of minding her dome,ric concerns. When
Duffy interfered with his advice Palmer was reading
a thick volume, which she insrandy let fly at his
head, and followed up the assault by striking him in
the face with her. fisr.

IRELAND—COkK ASSIZES, Nos-. 2.

COUNTY CRIMINAL COURT-13th DAY.
TRIAL OF MAJOR-GENERAL SIR GEORGE
BINGHAM, FOR AN ASSAULT ON, AND

Palmer, in her defence, called the complainant a
wicked old maw, and said that he waned to take
improper liberties with her. She repulsed him at
first by throwing a book at him, but, finding that he
returned to the attack upon her virtue, she then gave
him a wipe over the nose, and it made him quiet.
The warrant was di-charged.

FALSE IMPRISONMENT OF, JAMES HODNETT, ESQ.
At an early hour this morning the Court wa.
crowded to excess; every accescible virt wa.
tilled, and a great number of m-li a,y men co
:ill ranks and starions w• re present. G neral
George Bingham, with C done' Vinsel and Capt
Traver.-, sat in ihe llgh Sheriff's box during h.
day. Mi. H ,driett, who had been brought thither
hy a writ of Habe rc C wpus, sat under the care of
Mr. Wakh, the Governor of the City Gaol, in the
attorneys' box, opposi'e to the Gallant General.
Fur some part of the proceedings several military
gentleman sat I),side his Lordship. Colonel King
was of the number.
At half-past ten M. Justice MOORE entered the

EXECUTION oF THE TREATY OP

Wiien about ai dozen Jurymen had been set
aside on the parr of the pro-ecuiion, by the peremp
torily privilege of the Crown,
Mr. G. BENNETT said--My Lord, if they go on
tit this why, we may as well le, the Gentlemen on
the other side pick nut their own Jury.
Air. Justice MOORE—This is certainly an exhibi-
tion which no Judge ever witnessed from a B rich
before. To set such an array of gentlemen aside
on a trial for common assault, is an abuse of the
privileges of tne Crown.
Mr. BENNETT—I have for a long time gone this
Circuit, and in all that time, I car► safely say I ne-
ver witnessed such. In all the important public
trials which took place at this Assizes, the Crown
solicitor never set aside more than two or three
during the whole Assize.
Mr. Justice MOORE—It is an abuse of the privi-
lege of the Crown.
Sir George Bingham was their given in charge to
the Jury, for• assaulting and falsely imprisoning
James Hodneit, on the 22d of July, at Ballycaskin,
i❑ ihe county of Cork.
Mr. O'CONNELL stated the case at great length.
Viewing the case in the ordinary point of view, and
merely as a common assault, I admit (said the
Learned G.-ntleman) that it possesses no feature of
public importance, and that accounts for the obser-
vations made by your Lordship on our setting aside
so many of the panel. The rank and station of the
defendant—a rank and station of which, from
ail I have, except in this case, heard and learned, no
man in society better de,erv,s, or more adorns,
palmanz qui meruit feral—give it importance; the
time and season give it importance; and tire excita-
tation produced in the public mind, by anticipation
of the result and the cons-quences of your verdict,
give it an overwhelming importance. If I am
rightly informed, in a moment of fury, he sports
with the life and liberty of a man in a station of so-
ciety which, if not as high in the eyes of the world,
is at least as respectable. Gentlemen, lam sorry to
see one of his honourable profess,on at the bar of
justice for anything that could be construed into
criminality, still less a charge of the nature
of the one now brought before you. 1 am
grieved to see a soldier here, and I am bound in
honesty and justice to say that, since I entered
upon life, and took a part in public transactions—
nearly a quarter of a century back, the military, as
far as they came under my own observation, and
from every soiree of information attainable by me,
on all occasions of collision with the people of this
country, did their duty well ; but nothing more than
their duty to their Sovereign. This duty they did
with a forbearance which entitles them to the
highest credit—so much so, indeed, that when in
any
.scuffie with the misguided though injured
people, lives have been lost, I have always found that
the people were in the wrong, and the military in the
right, and that they forbore to injure until further
forbearance would have been criminal to their K'ng,
and cruelty to hemselves. I speak this eulogium
as a matt who has, who cart have, no mi tive but
truth, and no object but the expression of a con-
scientious Con Viction, And what is the consequence
of their conduct ? The consequence is, that on every
occasion the people distinguish between them and
that mongrel force which iscomposed of men neither
soldiers nor citizens, with just enough of the vices
of both to make them obnoxious, and too little of the
commonest virtues to make them respected or loved.
There is no worse master than a military master;
and there is no worse despotism than an iron-handed
military despotism. The greatest man of modern
times—he whose genius towered above that of all
those great men who preceded him—he whose ta•
lents transcended the limits of time—annihilated
space—and reduced the world, almost, to his obe

dience,—he was a military despot, and it was the
worse for him, for he fell a sacrifice to his ambition
to rule alone, and to stand independent of those_ori
whose necks he had fixed the throne of his sore-

reignty. He might have been the first of eitizen;

as he was the greatest of men; he might have even
been the greatest of Sovereigns, as among the bad
he was the best; but he wished to introduce into
civilized society and social life the semi-balharous

institutions of the camp; he wished that the citi-
zens of a free country should have no more a will of
their own than the well-drilled soldier ; he wished
that the habits of prompt obedience and passiveness
►which form the character of the army should be-
come also the habits of the people at large, and
he fell from the pinnacle of his power, because
it was built on such an unsure foundation—unre-
gretted by his people, because he was a tyrant—
unhonoured and unjust, because, instead of fos-
tering, be only trampled upon the liberties of the
nations of the earth. Yes, the military are the
worst possible masters—though, it may be, the best
of servants. I never knew a military man to grant a
favour but it was granted by him in such a cut and
dry style—so much in the rank and file and hollow
square manner, awl had so much of the preremptory
system about it,as took away a great portion of, if not
all, its value. Witness the late measure—the heal-
ing measure—granted by a military Minister. That
measure would hava been effective if it had less of
command and more of conciliation in it ; that mea-
sure is now ineffective or nearly so, because it had
too much of the one and two little of the other;
because it was framed by a soldier's order, and
offered at the point of the sword. The Learned
Gentleman then stared the facts of the case, which
were given in evidence.
At the conclusion of his address, it was intimated
to the Court that one of the Jury had been suddenly
seized with a bowel affection. Dr. Pitcairn, who
happened to be in the Court, examined him, and de-
posed subsequently that lie thought it would en-
danger his health to serve on the Jury that day.
Mr. Justice MooßE—ls it anything like cholera he
has ?

Dr. Pitcairn—l would not go so far as to say
that; but he labours under symptoms, my Lord,
which render it dangerous to remain in Court.
Another Juror was then sworn, and the trial pro-
ceeded.

James Hodnett examined—On Sunday, the 22d
of July, I was ut Ballycaskin, near IVhitechureh,
about twelve or one; I went to the Rev. Mr.
Begley's,
the Rlman Catholic Curate of Carrigna-
var, at one, and from his house, after we had said
tnass, and eve had breakfasted, along with a Mr.
Ahern, to see a round tower raised by the Rev.
Mi. Horgan at Whitechurch. We rode. Before
we reached Whitechurch, I saw on the road, at a
turn, a number of Lancers coming towards us; 1

C-/---
-••...,
_., 7/.2, .11111,:c>iiL:44......_
.......„ _
41(..........„
"---,;.-01'1.,:,-.- • s.'i '4i ----.):"4-_, ..'o,•'
'W'a:_•,-..rU ~,a, '.- ) /
.......
/4 ~
...---• -7,, r""- ,
•.,-..,..,,,,,-.,--.:.,-:- ,-
..0- t•-
11
_ • • ~'' -•-11- - ,
•••., .., - • • ...,,; ',, 7 -"'-'' (~,F ~5....;_,,,. .:'4-4.1.);4,,,,,
..t,„•.'....,
~ 4. v•
.: •••,. - --,r i ~! - , • -
3,,,,i,- -o •- ---, ~., , ~' --•4
.-5, .
, ..z. ~•,-.
.._. .
:, _ ',' ' d,, , -- 0.4% ~ • •
.1:1-1..i; `',..,—k••••:`. . , ' .' ''' • NT k ' ' :1:‘
.":'
'-----Z_•'i:: ' - - ' ~.z
_____ -- . , fr.)l_77liTy,,-,-----
-,..11
.--rllllii
~.._
N
1,1,',1' I/1
V ' -.
- ' "'I tir • o-N
---!...- iii 1 0 ~ -))......._,;e it (..)
__l T 1.11111;0 ,
. _

(PRICE 7I).)

knew they were Lancers by their pennon ; to.
seeing them, Mr. Ahern said, " Good (Tod, here
ire the Lancers!" I said," What harm ? let then,
come " When we came to the turn of the road, I
,4W Sir George Bitioham with the troops c 'me nr,
tr a hard trot towards me. I moved on the tight
-ide of the road to let them pass ; but Sir Georer-
, vanced about half his horse's length before the
only, and said to me, I can't say whether Genera'
in \lr., " llodnert, where's your drum-major's sniff?
Where's your drum-major', cap and paraph, mil a ?.'
I said I had neither one nor the other, arid that if
rhotioht it necessary I would have them in my
pocket—or rather sorne•hing about I'd have at:
eap in my pocket. On that he turned about to the
party of Lancers, and said to them, " There he is—
he head of the rebels—cut him down—cut hint
down—ride him down—ride him down." On this
order being given, the Lancers fo.rned into a sem.-
e;rcl,, and bole me with tremendous force into the
iyke. I was, in consequence, thrust near Sir G.
Bingham.
Juror—Were they in motion when Sir George
Bingham first came rip to you ?—They halted whin
they came up to me. On this my horse plunged,
and while thu,, I think I saw corn thing like a sword
strike my hat on the front of the leaf.
Mr. O'CONNELL—Was the hat cut ?—lt was.
A Juror—Di I poi se- the stroke and the instru-
ment that struck you ?—I can't exactly say. Th,
leaf of the hat was divided. My horse got fiy,
wounds in the sc,flie— hree blood-wounds, and
two dangerous ones—one on the shoulder, one on
the fl ink, and one on the fundament. The latter
was intl cted with a lance, and the veterinary sun-
g OH iu whose care I placed him said it was a dan-
gerous wound. I went from thence with the
General awl military to Carrignavar. pile in the
dyke, I was laid hold on—caught by Sir George by
the collar of the coat. I do not mean to swear
that it was done with the view of injuring me, but
rather that it was caused by the confusion in which
he appeared to be
This was subsequent to his addressing me as I
described, and before a sergeant or corporal of the
troop had put his foot under my leg in the stirrup,
with the intention of pitching me off my horse. A,
I said, I was driven from thence to Carrignavar,
completely against my will ; after the General hail
said to me that I roust retrace my steps, I had pre-
sence of mind sufficient to pull out my watch and
ascertain the hour; when I got to Carrignavar I did
the same, and I found I had been 23i minutes in
custody. Carr;gnavar is three-fourths of a mile
from the place where I was attacked; after we hail
got to Carrignavar, I was kept in custody for some
time ; I asked General B tigoam if there was a war-
rant out against me, but he would give me no an-
swer; I went away then.
Cross-examined by Mr. G. BENNETT—I think
the General asked y.. 0 for your drum-major's cap
and staff ?—IIe did.
Had you them with you ?—No.
Then you have a band and a drum-major—
(Laughter)—now, how is the drum-major dressed ?
—He has an old helmet, which belonged to the
Scorch Greys, and which he got somewhere or
other—(Laughter)—and it had orange and green
'rimmings on it.
Oh, then, he had a helmet with party colours?

Mr. O'CONNELL—No, fancy colours; the orange
neutralizes the green.
Wittiess—Fancy colours, not party colours.
aid your band any uniform ?—Yes, a kind of
scarf which they wore at Mr. O'Counell's proces-
sion ; they were of the same col mr,.
Oh, we're not talking of Mr. O'Connell's proces-
sion now. But did they ever wear them elsewhere ?
No, I did not see them elsewhere on any but on two
boy..

Bays ! Oh, then, these were boys, too ?—Yes,
two boys.—(Laughter.)
You were at a good many pubic meeting,, I'll
not say for what purpose, with your band ?—I was,
and will be again, I hope, when my seven year,
have expired.—(Laughter.)
[Mr. Hodnett was convicted a few days before
of attending an illegal anti-tithe meeting, and part of
his sentence was to keep the peace for seven years.]
You won't offend me, Mr. Hodnett, by anything
you can say. I am only doing my duty. You attend
a great many meetings, you say ?—Yes, several.
Were there were. a great many people ?—Yes,
at some, 30 and 40 and .50 and 60,000.
How many more ?—About six or seven.
Oh ! you're not doing yourself justice, I'm afraid
—now is that all you attended ?—T►the meetings
do you mew, ?
Open-air meetings ?—No.
You attended one on the 27th of May ?—I did.
The object of which was to prevent the sale of
cattle distrained for tithe ?—No. I desired no one
not to Iniy.

Mr. O'CoNNELL—Mr. Hodnett is under an in-
dictment for this, or a similar offence or offences.
I, therefore, submit, my Lord, that iqr. Bennett hds
no right to any answer which might tend to crimi-
nate him in the trials consequent upon these in-
dictments.

Mr. BENNETT—If I even did get anything from
him to that effect, it should nor be used by me.
Mr. O'CONNELL—Oh, my Lord, my friend Mr.
Bennett is not Attorney-General yet, and Cm sorry
for it ; he might not have the di,cretion of using or
rejecting it.
Mr. BENNETT—Don't break your heart about, it
Mr. O'Co►unell.

Mr. O'CoNNELL—I am glad, at all events, that
you hold out hopes, and have a prospect of it.—
(Laugh.er.)

Mr. BHNNETT—WeII, I will not press the ques-
tion, You were aware, Nlr. Hudnett,for what cause
you were arrested ?—I was not.
You are apprised now ?—Yes.
When Sir George Bin4ham asked you your
drum-major's cap and staff, what did you say say ?
—I felt annoyed and hurt, because I had always a
high respect for Sir Georgp, in consequence of my
brother-in-law serving under him, and his always
saying how kind he was to him.

1-lOw kind he was to him ?—Yes. It's a wonder
my brother-in-law was not with me that day. I was
going to bring him with me; but if he came with
me, I suppose he would lose his commission.
You need not make these remarks, Mr. Hodnett.
They are not called for. My Lord, do you hear this ?
Mr. Jus►ice MooßE—Yes, I do, Mr. Bennett.
Sir George Bingham has been here for several
years ?—Yes.

_
This is the first complaint that has ever been
made of him ?—Yes, that I heard; and I'm very
sorry for it.

He is recpected by people of all persuasions and
parties P—Yes. Until this, no General in the Col k
district was ever more liked.
He is not so well liked since ?—'Pon my word, I
think nct.

You knew Sr George Bingham ?—I did. I
travelled home in the steam-packet from Dublin
with him.

You were civil to each other—dined at the same
table ?—Yes.
How long before the present charge ?—About
three weeks.
He was kind and civil, you say ?—Yes.
You admit that whatever he did to you, he did ro
more than his duty ?—1 think be did—l think he
lost his temper.
But he was doing his duty P—l don't know what
you call his duty; was it his duty to cut me down ?