The Sun.
London, England, 1844-07-16 00:00:00

_
tapped to him that the Housa could not accede to
ne prepus: f,e t Hen. Gentleman,
u"le'
• •
• • • 1 was
It cw,itt tit.t. 1(lt
t hfraudulent
supposing
tampering with the jury list nu.
and PuPurpose of producing prejudice to the defendants,
then "uPPosing even that there was so, the question
Was, whether the inottiry now proposed would tend
'n3r useful result. Ile did not think that the Right
°2. Gentleman had established any of the propositions
i; had Put forward, nor had he established the assertion
,t-at he had made, that Mr. M‘Geath was biassed in the
irfteortesweshe had pursued. m-Grath could have had no
htaantet,ver against the traversers. He was nut a
because he had declared upon his affidavit
1,114 he was a Roman Catholic. That gentle-
toart had appended his name to a petition
te°that House and he did not think that it
011rild be said 'of him that he would state on peotil-i
gad as true that which he would net state was so up.
a ult. The question in his opinion was simply this,
0;4 there any wilful or fraedulent intentien on the part
ftl'l,Y. individual concerned in the formation of the jury?
:did not find it stated by the attorneys for the tra-
:sers that they suspected any individuals. They
el,f' stated that they believed that some fraudhad been
of tistised- But that did not attach to any of the law officers
ue Crown. It did not attach to r. Kumrnis, and
Ife clerk of the peace could not be charged with it; and
thesark Archer and Dickinson denied that anything of
titt sort had taken place in their office. The Right
t(1'411.- Gentleman had made insinuations that appeared
theui.ra totally unfounded. What was the gravamen of
the et"arge? Why, that no Roman Catholics were on
tletJurY• The Right Hon. Gentleman had then stated
there were some discrepancies between the state-
it it °f Mr. Nl‘Grath and Mr. Mahoney. He believed
tht .'llid be found that such was not the case, when
11. matter was properly looked into. Then the
111,°''t Honourable Gentleman had insinuated that
,iteleoto not see • why Messrs. Walker and
Son had been employed in the matter.
Iheri'ai_PS it was not known to h.in that many gentlemen
pri,,"ttd notices given them, that if their names were
tare they they would be objected to. Under such
tha'turastances, he would ask whether it was not natural
th
they
of things
yshould employ professional men to. see that,
the baillQs were not improperly struck out? Such was
previous to the trial. The Recorder
tai at the Registration Court, and he directed cm.-
marks to be made to the names of certain parties
gt to their rank and so on, and it had been clearly
0;411 that no partiality had been exercised by that
lihte:t.• The Right Hon. Gentleman had cast some
the otl the Recorder, for not performing, as he said,
I:trereb,coettilyinthgat was east upon him. He was bound. to bel
blient at the adjudication of the claims of individua s,
more'. Ile had caused the list to he pre-
, • and he was not bound to do more. Now. ,
eon','`' Put it to any thinking person, a-hell-ter partiesin
to'3'ng a list of a great number of names might notthat
ktajait some error? There could be no doubt
circumstance might take play!. Such error
st,tau not be sufficient to vitiate certain pro( e.dins. It
ifi-tht be shown that there was some wilful tam Hon.pering
e, getting up of the jury. Now the Right
proposed to bring this matter before a Select
mettibte ittee of the House—ha Committ,e, it must he re-
otthered, that had no, the power of examining upon
tipin.as to what had taken place. In his (Lord Eliot's)
$ d;lunr the constitutional course would have been the
of a criminal information. Now what was the
4Ve that was pursued by his Right lion. Friend, the
t~opleY- General for Ireland ? The Right Hon. Gen-
. °Pposite had said that his Right Hon. and
the Friend had applied for the postponement of
torLrial, in order that the new jury-book might
14 into operation. Now what was the fact?
to jt4 , Right Honourable Friend, seeing that
wt ~"1 jury-list out of upwards of three hundred
eed '"ere were only twenty-five Catholics, at once
4e s,', to the postponement of the trial till the new
Kust should come into operation. As to the com-
cfdlel,Y of the traversers to have a jury of the county
,th ,tifuhur such a eleenand had not been made, and it
tlotlP:Are could not now be complained of. The Right
iery`4lentleman then complained of the partiality of the
,4ntrer,'Vby Mr. Fitzgibbon, one of the counsel for the
'ltid,"„et'B, had admitted that there was not a single.in-
ttniaf' cu the panel that would not give a fair and im-
,erdi t 4rdiet He would now consider whether the.
th'aelsk:-,,,nrbtehwe juryo' was contrary to the evidence. But:in
discuss the question of the law of
ikudeellsBl' but take "it from the bench. The learned
ken
laid down what the law was, and the jury
lad
t;hetilt from them ; and although it might be well
at' counsel to endeavour to arraign that law,
aTves ,„7„t't think that any of the traversers them-
qettient;tdecipesay that the charges laid in the in-
:iaous. Had not, he would ask,
littklert dill;eetings erroneous. Had
Had not paragraphs been
ih4e tr.e4;erris newspaepeers in Ireland under the sanction of
e law ers themselves? Then, if that were so, and
ti,c'treet ,Zrecinspiracy as laid down by the judges was
'fat wil.'"e jury had' no other course to pursue than
h4lght thbh they had adopted, whatever their professions
ea e.:"7_, whether Roman Catholics or Protestants.
,7er respect to the chllenging of the array, if
ol,ttew"Etaas..an.): just ground fora.complaining of the panel,
question now for consideration in the House
or • bee '-us, and it was not, therefore, proper
I,tee,,tning for the House to appoint a Com-
er bpu'r considering that question. He di
trittlfreve that the appointment of a Committee
tles -;'ead to any beneficial result, while it might pro-
4,,'".ittrious to'hsequence.s. If the Hon. Gentleman
bra." that any fraud had been committed with re-
ct° the formation of the jury-list, the proper course
akli•'' the parties to file an information against thosePttiLdnals. But he could not see that an inquiry at this
the of the session would be of any benefit. lie should,
• resist the motion of the Hon. Gentleman.
It)• J. O'CONNELL said he should not have risen
ho
sir2,hithe evening, but that he thought it desirable
lie 1 wll4 reply to the observations of the Noble Lord.
tion.ahoured under some difficulty on the present occa:
tivlikrit was hard for him to enter on the subject without
wt?iththts:
or collusion. or oppressionnaturallyby
;hhaod btfeetnhethree
Ittu.,u!tel however, endeavour to avoid personal feelings,
kit,',h would comtnence by assuring them that it was
le' because this was th- 15th of July that they would
Ireettiabalcie totavoid this question. It was only the people of
e6ve who were looking on this subject with attention.
tli,,ll.lll'd a great space in the mind of the public out
it e realms, and he believed he did not over-estimate
See !II he said it would occupy a considerable
4 f 1111 the mind of posterity. The great difficulty
hetit ie:t Ott this subject was, where to begin.
e„.ulust first notice the strange advice which the
cheet,ol4o,rd gave to the parties who lead suffered, not to
ertdt,„ the House of Commons, as it could not examine
tsee:te °n oath . but to tile a criminal information to
ine--"lrbe_ f°re Chief Justice Pennefather and the jury,
9ui" aet,innton of which was complained of. It might
`"L sansfactory to the Noble Lord to have no in-
tiob:' 714 if anythinre could tend to produce dissatisfac
the Prase t would be the refusal of inquiry on
*ll4 iiint oecasion.—(Hear.) The 4rst allegation
444ry list there were sixty-three names omitted from the
"44,144 ; auto t was stated by Mr. M'Grath and the
rt.:"Peeter th nly twenty-four had been omitted. With
;t* .° these twenty-four, there were some curious
~tlitelkT4titbe least curious of which was the statement
1174ty-rule Lod—that 180 lists were formed for the
'e•
te. -.bur tribes f Dublin. Now, as many of
wre oveey poor ones, there could
classes of jurymen
—(Bear,
pa all these parishes fit
ith, raonv
and all the games
--(Hear, hear)—
of pi or of the lists therefore must A
h. eve been blank
th °t• PaPer With respect to the list Of the parish
thAt the'llrat°n's, it was a 'Lost unfortunate coineidence
heees; wkinloseritty3 s i
iof thfe
ilosthnhdniaensysea-teratlla_,thwonldose of
have
erts
t,,Nat itilf!r
favours,onr toife
the to traversere. 'Mena was
Jnlld 11-oatuse for suspicion, but it seemed they
inquire into it, because it was the 15t1! of ,
,! h
Petk„ .traverser*, on their part, challenged inquiry,
nto
Itst 't3ree the cause of the omission. of the names ,
11,,e otait",.stnes were placed en the list, and how others
It 'tit it t'eci hich ought to have been on the same list,
°1.,t4 Noble Lord—he was ping to say to. th.e
4,_,-to'fi-ut the Recorder, it seemed, had left it -o
tita'q to -"lain. If there were any fairness they were
Iti-1,C.1 he hentear this matter up. He might go further
'l%a-a
done, but he would merely salt the House
I,llo4tlianer'n'",°ver the allegations of which investigation
g w
gad? Let them have inquiry. There as
o; -fight• Rh
--cite more than suspicion; and he thought
1441114/le venture to say that ja the present state
thQyikl) it feeling, and in the present state o.f
alppeo ,would not have a good effect
lightly.
f
lat:11 thc, en inclined to treat these matters
kitst,3 4fY could state that some who were speo_Pl
thet list were left out, when their excuse for the
th:ta bow t turned out to be an untenable one, he asked
wag :°l4ld they refuse to grant this inquiry '? Pt 4
'lthe" eh, nnther party to this ease—another individual
tku4teel3 rrdaeter was at stake on this occasion, that was
thy? Or cf Dublin. Had he no friends in this
also a char were her Majesty's Government so indifferent
okw liito,acter of that gentleman that they would not
c1)1,-_, to
et 4nd all those persons connected with _
e'ts tear themselves if any false or unfounded
heiltleine e'r° made against theili? The Right Ron.
ate, hid had vouched fel. the statement of M•Gratin
to ~ReBt ,;(3,wn that that excuse had broken down in its
and therefore he thought that in justice
nilo Y. It der of Dublin they ought to grant
.this
trev'ted dui net wish to go into other questions
krtfetta ith this matter which had been debated on
atiee7beasions, but they were matters of grave i"n*
Ar(,"ktis byb themselves; and if they allowed this subject '
~oohig without inquiry, on the ground of the 4-
fli the termination of the session, or any other
jr old PahiPi :Abe mind would be unsatisfied, the doubts.
would be us steins as ever, and they
641%d, quite as
nue but tuany discussiont on the state of
Bangeto te as troublesome as those which had taken
halide early part of this year. His Right Hon.
d
it delayed bringing this subject forward, be-
-144.: towAa, before another tribunal, arid it would be
!fr then which the public mind, or pre-argue the
14,141.°4 was pending before the highest tribunal
84° for alp pots, Right lion, Friend bad postponed
ateOt, nsernetice of the Government ; and it
p„i(o. to twit hint with bringing it forward at this
alit
Yof or of the session. The question to to the le,
fir Porte tj,e of
was now before the highest tribunal-
Oraevo,att the legality of that verdict should be con-
t ref4e.rd that satisfy the public mind, if 311 inquiry
Ilvlpeti4,o:.to the errors and inaccuracies with which
4,14je1t t)e connected? He did not know any way
Ive,_uore (!ould more exasperate the pubkc mind,
1/4c, eonfrlhttter Conflicting parties, and, what was
ttet,' the e.ite,.°l4 seets. Even wipit legality on their
honest 'e impression would be ttie4 Pesgee, fair-
‘4l,lle.{4(\wro,...riee_ci,ti jiQt been observed, and that tfraPnY
wantonness in the form of law.
t‘sIii7LIUTTOR-GENERAL hoped that the tone
ge2thib., A
"e" by the Right Hon. Gentleman would