The Sun.
London, England, 1844-02-22 00:00:00

s
'''llt.nded for was to abide in thee, is in other pro.
ceetlini

for,;18, by what, as he thought, had been the uni
Practice of the Court. Here and here alone the
pLert was not unanimous in his favour. Mr. Justice
hir4nn took a different view of the law and the
three to what he (Mr. Smith) did, but the
The others coincided with him.—(Loud cheers.)
',ne Lie next step taken to create delay, was to tender
pleas in abatement to the indictment This was on
' 34uesdav the 14th of November. Then they tried to
aash indietment because the witnesses whose, evi-
Teb4e, e was to support it had -not been sworn in Court.
"lese two matters he resisted, and successfully. The
sich fsndants had taken five days to prepare their ialeas, to
he put. n a demurrer, and on the 20th of Novem-
f„" • he (Mr. Smith) applied to have the demurrer fixed
• argument on the following morning. When he ap-
Vied edfor this, he was encountered by the argument that
:efiiknelants were entitled to another four day s rule.
it- ul the Case was argued on the 21st of November, and
in
as • decided unanimously by the Court that the pleas
444 Winent were inValid, and that the demurrers taken
:hues part of the Crown must be allowed.—(Leud •
rrs•) So that, at length, after ever effort for delay.
irk
N eVery plan had been resorted to, he had extorted
the defendants a. lea _that they were not -guilty,.
ho wished the House to recollect that he was a
;',•„" of that 'iii all that he did herein he
performing: punctually and., faithfully the func-
zelit-'s ttee'tiand heprotested
d'iO:lus public situation ; p
t in thus., resisting the successive and never-ending
~-°tiens for delay.; he'was actuated by no personal feel-
whatever; but-solely by. a sense of public duty.--
~,44 cheers.) Notice of the time for trial being given
t's.tue.,_el'ovrn the defendants opposed it on two grounds ;
from' the magnitude of the cause, they had
e..toprepare.fue trial; secondly, that the special
that + for theyear-1843, contained only 388 names----
of these names between fifty and sixty only were
trere Au Catholics ; and that of these fifty or sixty there
, (Ally •about. twenty-five that could be made avtel-
Iri,iatut that they could not have a fair and' impartial
ete-',i. it Were to take-place, as originally intended, on
eQ llth.. of • December: Ile had enforced a plea
th 11.,..cit..:guiltyr"ftifd"" he could lave . rejected
141, west fDs.. a . trial by another jury list,
chdr thought. peuper.--,-(Hear, hear.) He-had been
tkrhY the 'Him. and Learned Member for Worces-
ta with desiring. to procure a conviction per fas cut
°llo.te b.eliev ed:th,e ground on wllich the re-
Pine ,
..iiiit.7might he postponed until the jury
as (if 1844 was prepared—he said he looked upon it
theZ2,es:sotable -.dile, -and ..he Acceded -to it.—(Loud
hars'What...became,. then, of the heavy and
Ge,,`o:lotputationa- which the Honourable and Learned
theit;fel, au had chat ' • upon him.—(Loud -Ministerial
The triathaxing then, with his consent, been
do?-e',1,,,enoti to the lath of January; what did the traversers
„of pe'r„,..eY sought to have' it skein deferred until the Ist
rltle.,-‘7arY, that he. ould not consent:--(Hear,
copi. On the 29th ofDecember, the -11sts`having been,
th,;" to.the furore' book by the Clerk of the -Peace,
Ivitfii„were.handed•t6 the Sheriff. • His duty then was,
to Intl • days •to make' out a special -jurors'
* January. the Sheriff waited
444:-!e. Proper 'officer with the jury list for
wda thAt One of the charges .brObght. against the Crown,
hd4 Mr. Mahoney,. or one of his assistants,
ooli,-L"4ted that he had- applied to the Crown
Of ti:lk)r, that. he.clerk:Utthe peace should give copies-
dad eet jt;_ry list both- to traversers and the Crown,
kr it .4: Mr,. Would- not 'consent. The reason
~has this. He was in -total ignorance of the jury
itat nine o'clock of -the night of, the 3d January
*ere rainsidered they were not complete until they
they n; the sheriff's hands. Had they consented to this
have 'consented to"give a copy of a jury
the m'ch, fiCi, had: no existence in point of law.e
eat, Ihould 23d cfb November, it was agreed upon that the
e tried by the jury-list as revised I.:T the
enrcler. What the nature of that revision ?
4° eePles had been served by the attorneys for
Heed . irsteversers on all those citizens who were qua-
At the same
serve as jurors, and who were Re-
tie/Attlee"' attend before the Recorder.
re a notice was, „r,red by the same party on every
to be bt:alae Eonservative who was considered as likely
n ostile to the torstrav telling them that if they
I:l9Pear in court support their claim, although
claim was perfectlyyd, application would be
nada IN? have their names struck off. This was the act
:I_ne of, those who declaimed so much about liberty,
,110:bout the purity of the administratien of justice.
Leo liter pick and cram the ,jury box with
stini i.o lu mg repeal opinions.--(hear, hear, from, the
Ireeiclrial benches.) He (the Attorney:General for
thAt ) consented to the revision", -of ',the jury,:in order
ahoythe,.'en traversers might have no iexcuse for saying
h5ll not unfairly and impartially dealt:with ; and
Per 4.ia had btated by Hon. Gentlemen,
..-oppbsite,
ev,43 aut seftu, to obtain a conviction. What was the ,
thorelliecce of the new, revision. In 1833, only -188 Car
141 Lweie.ctualified to
,appear. 'on the jury lists.
rie„ •e'elitY-ilve Roman. •
Catholics: were so Oalified.--r
eubt Iloar, heir,"
burnt
the 'seine quarter.) No fit,,d ,ould be entertained but the traversers Bast bene-
their "Y the revision of these lists, and in the manner of
rkt itsrt7jaion, and the circumstances attaching to it,' as
Afid"e officers of the Crown'were :concerned, he felt
ettt that a British-public would refurn a verdict of
144,1 Irt notwithstanding the numerous charges that had
atielt:de against them The copy of the special jury
54141..: applied 34. to the. attbrneys for the traversers the
t6ti vi.l.‘. was ready. Mr. Kenna:us hadmade an
that up to nine 'O'clock on the night of
they ,of .11s°,11: January the Crown* had not seen a
Ptrie,-'e special jury lists. The attorneys • for
J 44 ersers, Messrs. Cantwell and Ford, pro-
les, to draw 48 names from the list so framed.
Ltweullaelpes were drawn, and then an adjourtunent
: ynour hours took place to allow each party
,
„q. !lat. ecide what names the should strike off from
great deal of misapprehension had been
tha 41%.', an g .respect to challenging the jury. In point
tt,ae:b in point of fact, he denied that striking off
sia,ge 4 au.7 both parties was in the nature of a chal-
qtke4 su h--(Cheers.) The Legislature never contem-
t. 4 a thing when it passed the Act 'of Parlia-
.lt • etturti-eight names were drawn from the list of
not fl_these, each party had to strike off twelve.
izac qt tb4 s tue intention of the Legislature, when it
talimtha u jeetal Jury Act, that the parties who struck
upon from the special jury list should be
i„t1(1 014 to state their reasons for so doing.—
temeoafid.,,e„eirlng from the Ministerial benches.)
..tir,.tetT,Viasserted, in the presence of the-members
tde '4tatirs" Oar, that itnever was the intention of the
t'Pecw. )art persons, in striking off the names from
ft., °a- *hi 7-list, should be callown to state the
to 14
the A/9'. Influenced them ing.—(Cheers
llitteseb sitlialsterial benches.) It was a privilege given
tvrei'Proseette;,=-(llear, heir.) The traversers in the
• e,,,k„"°os had the privilege of striking off
540,;gear, eai and they availed themselves of.
Why, then, should they claizn,to
1,1,,,--ei2ittio'n--!;;;40e.s. which. influenced the persons for the
i4r Can
r ,strliting ciT the other twelve names ? On
t• Cknt anuar
Jun welt t Y a notice of motion-was served by
b •
th quash the dlik special jury panel, on AC-
4810n of certain names. The Hen. and
ci,t7Y.Getlereber fur 'Worcester said that, if the At-
'lll.4 te 'sal for England had been called upon to
k 4 Net laaelh th t •
g. It Jury panel, he would have had- a
t4et to the '°r his honour and his character to have
e,pplication. (Cheers, and • ease to ne (Mr - Sm•th) thought that-hi had
(Li to co . • 1
itplam of the Hon, and Learned Gen-
de 'tot The •
k tie rot e Hon. and Learned Gentleman
'"ar the to tell the House what was to be
149aidthe mini° Pine' haA been quashed.— (Loud _cheers
*gave' Leallhtis toste,r,l4l,__benches.) Now he (Mr. Smith.).
letadli'eli the eue, /douse and the country what would
T4attiae this e°eonsequence of that proceeding. He
cons queues
for although the Hon. and
tlrckatvi Was. con;."1 setized to think that all honour and
1,144 'et he ___)",?ed to the English law-ofticors of the ifelita tam the're, Ind tell that lion. and Learned Gen=
ac as much honour and honesty in
Jttr'te "nit thheer 110 would now explain to the
four e
tkli it . and Learned Member for Wor-
k • eD6 t,tould not
umeat to explain. The special
est th, "1.41Ve been quashed except upon the
anus Y. eh
ektr niu fto RoP:c. laaljuri list for the year 1844 was
knq " tried 4 renlembe rkl Learned Member for Wor-
t-J,„ _ r that there were other eases
trh k.:9llten Ireland besides that" of the Queen
ik°f4tbc,7: Whkt*(he 9wheers from the Ministerial benches.)
Weal_
wouldg not meet the views
I,it;Attinetttile Member '.'or office with whom the Hon.
kil:k'll'tilate'rll4l; but". Worcester might gossip in
e this he 'would state, and he be-
litutte
tried
niuly list wirited
Fogg assented to by every person at
have taw, that he could not legally or
to the addition of one
eitti,pd to have reland -n the effecting every other case
adlg rtaken Vumhed the .e Year 1844" 'Tad he con-
sate twei e panel, •PrrY panel, then be must have
i es.) „ve oaths test year, or postponed the
hea 'sup s•—(Cheers from %114 talc% se he h.., the Ministerial
then 11/ the tot ..114opted the former course,
44,e bee„said .9f the pieeeding year, what
by Hon. Pentlemen opposite,