The Sun.
London, England, 1844-01-22 00:00:00

_ Mr. FITZGIEBOY objected, because thv. witn,ss, if he wihhed
to oxplain, ,I,ouid have ;:one 30 during hit examinati.n.
Mr. Jackson—l merely want to make one observation, my
Lords, to vindicate my character before the public.
Mr. FITZGIBBON—YOU shall not, Sir.
The CHIEF JusTlCS—Let me hear what you have to say,
witness.

Mr. Jackson—Those manuscript documents, my Lords, were
given b 3 the proprietors of the Morning herald to Mr. Kern-
mis, the Crown solicitor, and, so help me God, I never saw
them, or knew he had them, until he produced me the letter of
those gentlemen, stating they had furnished .him with them
and requiring me to initial them. I considered it was duo to
my character before the world to make this plain explanation of
the truth.

Cross-examined by Mr. MOORE, upon behalf of the Rev.
Mr. Tierney—l have my notes of the Association meeting of
the 3d of October. I took those notes upon that day. I took
them at the meeting. I did not know the Rev. Mr. Tierney.
I did not even known his person. I mentioned his name as
being present on that day. I did so, not from my knowledge
of his person, because from some of the reporters' positions at
those meetings they could not see the speakers. I never saw
him before or since, to my knowledge. I thought on your
direct examination that you swore he was present at that meet-
ing ?—I heard a gentleman make a long speech whom I un-
derstood was Mr. Tierney. Did you not swear that the Rev.
Mr. Tierney made a speech ?—I can't say that I did. If you
swore it would it be true ?—I believe so. Will you swear
that he was at that meeting ?—To the hest of my belief he was.
At all events, you would not take upon yourself positively to
swear that he was there ?—I would not; but he made a long
speech, and that makes me remember it.
Mr. Mooe.E—A Mr. Tierney made a speech?- Yes.
The witness was then allowed to retire.
Mr. Mooar (having communicated with the Crown coun-
sel) said, that as he had applied to them, sad they refused his
application, he was obliged to make it to the Court, namely,
that his client and the other traversers should be furnished with
one copy of the notes of the witnesses examined upon the
previous day and Thursday, in order to conduct their defence.
Those extracts were very long, and they (the traversers) would
not have copies of them but by their being furnished; so he
hoped the Court would grant his application, which he consi-
dered very reasonable.
The CHIEF JUSTICE said that he did not know that the
Court had power to make such an order.
Mr. WxyrustnE—Wr will pay for them.
Mr. MOORE—I am sure even if the Court had not the power
of making the order, that if there was any difficulty felt by the
officers of the Crown, it would be removed if their Lordships
saw no objection to allow them to be furnished.
Judge CRAMPTON—If you had no means of having copies,
it would be very reasonable perhaps, but you have your short-
hand writers.
The Cause JUSTICE—What documents do you ask for ?
Mr. MooßE—Copies of the documents read by the witnesses
yesterday and the day before. We will pay for copies, and we
could not have them transcribed from shorthand notes since the
previous day.
Mr. FITZGIEBON—They have read those documents in their
case. The witnesses read every single word of them. They
are here as documents. They are in the possession of the
Crown as documents.
The ATTORNEY-GENERAL—Such a course never has been
adopted until the present time, and I entirely object to it,
and I do so the more, because I cannot fail to recollect the
course that was adopted towards one of our witnesses. They
have every meeting as to which they require documents re-
ported by their own shorthand-writers for their newspapers.
They had the simplest and plainest course to adopt for ascer-
taining the documents which they now call for. Ido not
wish to state here some matters, but certainly under all the
circumstances which have taken place with respect to one of
our witnesses in some newspapers, it will prevent me from de-
parting from the usual course, and I shall not give copies of
the documents.
Mr. Mooee, Queen's Counsel—l am bound to say that after
what has been just said by the Attorney-General I must not
call on the Court to make any order on the subject.
Mr. FITZGIBBON—I now submit to the Court that the whole
of the evidence given by Mr. Jackson ought to be struck out.
He was produced here as a witness to tell the jury what he had
heard and seen done at meetings, and read notes which he said
at first were taken in particular way at particular meetings.
I submit that from his own showing it is as clear as possible
that the whole of his evidence ought to be struck out.
The CHIEF JUSTICE—Don't you think this is not the occa-
sion for making this application ?
Mr. FITZGIBBON.--I rather think I am just in time. It is
when a witness goes off the table that such an application ought
to be made.
The CHIEF JUSTICE—He has been cross-examined by three
gentlemen. I don't think the Court can accede to the proposi-
tion that you make. It may be very well deserving of consi-
deration at another period, but not now.
John Browne examined by Mr. HoLuEs—lreside in Nassau-
street, and carry on the printing and stationery business. I
have been long carrying on the business. It is at No. 36. I
know Mr. Ray. I have known him for several years. I have
heard of an Association in the city of Dublin called the Loyal
National Repeal Association of Ireland. Mr. Ray holds the
situation of Secretary to that Society. I was employed to do
some printing work for that Society. The Association gene-
rally, through Mr. Ray, employed me. I have been four or
five years doing work for the Society. I have been paid for the
work I have done, except a running account now. I was paid
by Mr. Ray, and sometimes by a clerk in his office. Have you
received much money from time to time for the business you
did ?—I have. Could you mention how much ? Be under the sum.
Mr. 'WHITESIDE objected to the question. He did not see
how this could be evidence against the traversers.
Mr. HotarEs-1 will ask my own questions.
Mr. WHITESIDE—Of course you will, and I will object
where I see fit.
Mr. HOLMES (to witness)—I now ask you to state, what
amount you received from time to time?—l could not say.
Oh, be under: have you kept any account-book ?—I have.
The account was sometimes about 201., and—
Mr. WHITESIDE—I object to any evidence of the contents of
this gentleman's books, because they ought to have them here.
Mr. HoLares (to witness)—Have you not been served with
a duces tecum?—l have.
Mr. HOLMES—WeII, now we will gratify Mr. Whiteside by
getting it read from Your books. Do you kno N;what amount you
received from Mr. flay from time to time for printing?
Mr. Justice PERRlN—Within what period
Mr. HOLMES—Within the last two years.
Mr. Wiirresinx—l am obliged to your Lordship for putting
me in mind of that. I submit this is not evidence; the first
thing in this indictment is stated to be on the let of March.
Mr. Justice CRAMPTON—I don't see, for my own part, the
relevancy of the inquiry.
Mr. Ilormes (handing a document to the witness)--Did
you print that document ?—I did, and for the Repeal Associa-
tion. I printed it in the year 1843.
The Deputy Clerk of the Crown read the document, which
was the plan for the renewal of the Irish Parliament. He also
read documents headed—" Instructions for the appointment of
Repeal-wardens and collectors," and " Form fer the appoint-
ment of Repeal-wardens," and others, which he admitted
having printed for the Association.
The witness was then examined as to the printing of " the
Address of the Repeal Association to the inhabitants of coun-
tries subject to the British Crown," " Rules to be observed by
arbitrators in districts," " Arbitration notices," and others, all
of which he admitted he printed. He said—l printed 4,000 or
5,000 copies of the paper called 0' Collagen's Letter ; 1,000
or 2,000 of the notices for the sitting of the Arbitration Courts;
200 of the rules to be observed by arbitrators ; 2,C00 or
3,000 of the address of the Association to the British public;
and about 2,000 or 3,000 of the summonses for those Courts.
I printed all these for the Association, and 1 was paid for doing so.
I printed some of them from manuscript, and others from ex-
tracts from newspapers. I was served with a subpoena to
produce the manuscript. I searched for it, but I found very
little. I found the paper which I produce, headed " Lein-
ster for Repeal."
Mr. HOUSES.—Did you print any from that?—l think I

Mr. WHlTEslDE—Thinking will not do; are you certain
that you did ?—I cannot swear positively.
Mr. WHITESIDE—That answer will not do.
Mr. HOLMES.—Have you any doubt that you did ? Where
did you get the manuscript ?—I got it or the printer's offic..
file. I think it probable that something was printed from it in
my office, but I am not sure.
.Mr. HOLMES—You have your account-books hero ; look
at them, and see if you have any entries of having printed
from it ?

..Mr. WHITESIDE—The entries in his book:may be very cor-
re,:t, but they cannot be evidence here.
'The CHIEF JUSTICE—He can look at his book in order to
refresh his memory.
Mr. HoLmas—Well, witness, have you any entry of that do-
cument ?

31r. FITZGIBBON—I object to the question ; way entry he
may have cannot be evidence.
Mr. HOLMES—The fact is, these young mesa think I am I
not able to stand out, but I are.—(Laughter.) Witness, Ire.
peat ray question, have you any entry there relating to that
docriment ?—I have two entries relative to the Mullaghmast
meeting, but I cannot say whether they have reference to this
docu merit or not.
Mr. WHITESIDE—YOU must not read them.
Mr. HOLMES—WiII you swear you did not print that docu-
ment entitled " Leinster for Repeal?"-1 have a printed bill
h,ere with the same heading, of which I printed about 2,000
for the Association, and I was paid for it. The newspapers, I
believe, called the Mullaghmast meeting a " monster meeting."
I printed documents in reference to ocher monster meetings
which took place about Dublin. I have none of those docu-
ments here. I think I printed some in reference to the Donny-
brook meeting. The documents I have with me I brought in
cnsequence of a subpoena I received desiring me to do so.
A .nd all the documents that are here did you print for the As-
sociation ?—I think I did. And you were paid for them?—
Y es. It was rather a good thing altogether, eh ?
Mr. WHITESIDE—I object to that.
Hoems—Why, it was merely an observation.
Mr. WHITESIDE—Yes, it was an observation, with a great
&lea of point in it.
IlohmEs—lf I attempted to stop you in half the obser-
vations you make which have nothing to say to the case, I
abiovad have something to do.—( A laugh.)
'Mr. WHITESIDE—That might be true, upon the cross•ex-
at but you ferget your position ; you are examining
uiom the direct.
.Mr. Houstxs (to witness)—Look at that (revision of the
ju rsy list), and say, did you print them or not, for the Associ-
ation ?—Yes. Were you paid for it or not ?—I don't know
wlauether I was paid for it or not.
Cross-examined by Mr. WHITESIDE—Did you print these
ilvien documents ?.—Yes. Did you print these three documents
(lae aded " To the people of Ireland," &c.) Y—Yes.
3 Ir. HoLmxs here rose to ask the witness a question.
WitirEstost—l object to your asking the question unless
it arose from anything which fell from me on the direct.
.31r. Iloemiss—l omitted to ask the witness a question.
.31r. WHITESIDE—I object, then, to your asking it now.
.Mr. llor,mrs—lt is the only legal objection you have made.
'The Learned Counsel then called upon the Clerk of the
C.'o-wn to have the documents handed to the witness read
set tim.
r. WHITESIDE submitted that none of the documents could
be in ade use of against the traversers.
Ni r. Iloemy.s said every one of the traversers was a member
of tl s. 3 Association. The documents were printed for the AYSO-•
eiati cn. The traversers attended meetings of that Association,
some. of whom made speeches there, and the documents were
cleari-J evidence against them all.
Mx. WHITESIDE—They are no evidence against Mr. Duffy.
3.1 r. HoemEs—The documents are printed by the desire of
the Secretary, one of the ,traversers being the Secretary, and
were paid for by the Association.
WiirrFslDE—As to Mr. Duffy, the only distinct evi-
denc e against bins is that given by the gentlemen who saw him
one it,y at Calvert's Theatre.
la.e CHIEF JUSTICE—I beg your pardon.
Justice CRAMPTON—This is not the time to make these
obje,;tions.
The CHIEF JUSTICE--It was proved that Mr. Duffy at-
tenCeci meetings of the Association, and handed in sub3crip-
tions.
Mr. Wm ITESIDE—The evidence given to-day is net worth a
rush.

Th* SOLICITOR-GENERAL—This is a question for the jury.
Thor ATTORNEY-GENERAL—This is not the time for a com-
mentary on the evidence. We will, when the time comes, show
the clearest evidence against Mr. Duffy.
The CHIEF JUSTICE—The Court are of opinion that the
doc,ame tits are properly read against all.
117 r. WHITESIDE said he did not contend that it was not evi-
dence against a traverser for a witness to say that he got a ter-