The Sun.
London, England, 1844-07-09 00:00:00

etellinS

LONDON, TUESDAY, JULY 9, 1844,

In the Lords, several petitions were presented by
Lord ELDON, the Duke of RICHMOND, and Lord
ASHBURTON, praying for agricultural protection.
It was arranged that the discussion on the Bank
Charter Bill should take place- on Friday.
Lord WODELIOUSE complained of the calumnies
which had been published in some journals against
the gentry and yeomanry of Suffolk in reference to
the working
of the New Poor-law Bill. These
calumnies had been made for party purposes, and

the fact could be easily ascertained that paupers were
now in more comfortable circumstances than they
were under the old poor-law system.
Lord NoRMANnY moved for returns relative to the
late incendiary fires in Suffolk, which were ordered.
The House adjourned at a Quarter to Six.
At a Quarter-past Six o'clock, their Lordships,
that is to say, the Law Lords, met to hear the argu-
ments of Counsel on the Irish State trials. The
ATTORNEY-GENERAL opened the case for the Crown,
and spoke till ten o'clock, when the further hearing
was postponed till this day.
A division took place in the Commons, on the
motion for the further consideration on the report of
the Middle Level Drainage Bill, an amendment
having been moved by Lord GEORGE BENTINCK
that the till be re-committed. There was a majority
of 90 for the motion, and the report was ordered to
brought up and engrossed.
Mr. SHEIL and Sir CHARLES NAPIER put three
questions each to Sir ROBERT PEEL, relative to the
affairs of Morocco, and the present state of the
English navy. Sir ROBERT PEEL, in his usual
manner, answered all the questions categorically;

the substance of which is, that there never was a
period when England could make a greater naval
demonstration than at present, and that the Govern-
ment had taken measures for protecting British in-
tere.:ts in the Mediterranean.

Mr. C. WooD was not at all satisfied by the
answers of Sir R. PEEL, and after alluding to the
attacks made by the Tories on the late Government
for neglecting the navy, said the shores of England,
the interests of the country, were never left in such a
helpless state as they were at the present moment.
He then asked if the Government were prepared to
put the naval force of the country in a state that
would command confidence at home and abroad
Sir R. PEEL would give no answer, as the notice
applied only to the force in the Mediterranean. He
considered that he had not been fairly treated. After
some remarks from Lord PALMERSTON and Lord
Howrcx, on the small naval force now in commission,
and the bitter taunts made by the Tories on the same
subject in 1838, the conversation dropped.
An interesting discussion then took place on the
Railways Bill, introduced by Mr. GLADSTONE. Mr.
GISBORNE announced, that if the Government did
not withdraw the Bill he should move that it be read
a second time that day six months.

Mr. HAWES and Mr. COLQUHOUN said they would
support the motion of Mr. GISBORNE ; Mr. WALLACE?
Mr. LABOUCHERE, and others supported the Govern-
ment, and trusted the amendment would not be
pressed to a division. Sir ROBERT PEEL said in
bringing forward the Bill, the Government had, and
could have, no other object in view, than to protect the
public. They had offended many of their supporters
by the measure, but still they could not sacrifice their
duties to party purposes. All the Government wished
was a full, fair; and impartial discussion. Mr. Gis-
BORNE withdrew his amendment.

Mr. GLADSTONE then moved the second reading of
the Bill. His speech contains statements of the
highest importance to the community. An abridg-
ment would do it injustice, and we, therefore, recom-
mend it to the careful attention of our readers, for all
are interested in this momentous question. The dis-
cussion occupied the rest of the evening, and the de7
bate was adjourned till Thursday.
Leave was given to bring in the Party Processions
(Ireland) Bill, and the House adjourned at Half-
past One.

Those of our readers who may happen to be ac-
quainted with GOLDSMITH'S works, can scarcely have
forgotten his diverting, full-length portrait c f
Croaker, in the comedy of the Good Natured Man.
This Croaker, like his prototype Heraclitus of
old—who certainly ought to have been an Eng-
lishman—is a born genius for grumbling. He
holds the reverse of POPE'S famous axiom, that
" whatever is, is right," and stoutly maintains that
" whatever is, is wrong." Where other more cordial
spirits find the materials for consolation, if not of
hope, -he finds only the materials of discomfort and
despondency; and is never so much in his element as
when discovering some fine, fresh grievance, "war-
ranted genuine"—as our shop placards have it—on
which" he may descant with all the powers of his
gloomy and splenetic eloquence. Just such as
was Croaker in private life, is the Morning Post in
politics—that is to say, a grievance-hunter of the
first water. As the former was always indulging,
like a JEREMIAH or a CASSANDRA, in the most dole-
ful vaticinations, so is the latter never so completely
at home as when terrifying his numerous readers with
all sorts of dire predictions. We have not the good
fortune to be acquainted with the person of our
triste Contemporary, but whenever we see a
gentleman in the streets looking more downcast and
hypochondriacal than the general run of London
peripatetics, as if some alarming grievance were fer-
menting in his prolific imagination, we always feel
tempted to exclaim with a sigh of affectionate
compassion, " there goes the Morning Post!" We
hope that our desponding Contemporary may not
be discovered some fine morning self-suspended
to the lamp-post in front of his office—a vie-

tim to overpowering affliction brought on by his
conviction of the present ruinous state of the agricul-
tural interest ; but we must confess that such a catas-

trophe, however it would grieve, would not surprise
us, for nothing can be more lugubrious—nothing
more hopelessly dejected than the language] which
he holds this morning. That we may not be sus-
pected of exaggeration, we will just beg leave to cull
a few sprigs from his plantation of henbane, hemlock,
and nightshade. " When distress shall return," he says,
" and distress such as our agriculturists have never
yet known, cannot be far distant, let not our Parlia-
mentary landowners affect to ascribe the ruin of
tenants and the disaffection of peasantry to some in-
scrutable dispensations of Providence. Recent legis-
lative measures will account for the utter ruin of the
agricultural interest." Again—" In the autumn
of 1845, if not earlier, our Parliamentary land-
owners will have an opportunity of witnessing the
action of the economical principles which they have
embraced since 1841. When farmers shall be sold up
by hundreds—when involuntary idleness and disaffec_
tion shall have spread to a fearful extent among our
artisans and peasantry—when the throat of the land-
owner shall blacken under the gripe of the mortgagee
—then will the agricultural supporters of Sir R. PEEL
understand the, true nature of that great statesman's
enlightened principles." This last vaticination is in
our Contemporary's finest spirit of horror, and was
evidently penned with a view to depress the spirits
of those country gentlemen who may happen to
have been too much elated by the late decision on
the corn-laws. But, though no very enthusias-
tic admirers of the Premier, we are far indeed from
anticipating that such awful calamities as the Post
conjures up, will be the inevitable results of his policy.
The agricultural interest need fear no very great or
decisive injury at his hands. He stands too much in
need of their support to work them any serious mis-
chief—at least for some years to come. The pear is
not yet ripe. The hour is not yet arrived when he

may safely throw them overboard, and form an al-
liance, offensive and defensive, with the free-trade
party. Sir it. PEEL'S present policy is to commit
himself to no parties, but to establish a sort of claim
on all of them, by alternately cajoling and threaten-
ing them, and blinding them by such vague pro-
fessions of good will as may fill them with hopes
destined, most probably, never to be realised. One
day he throws out a lure to Mr. COBDEN ; the
next, to Mr. BANKES, of Arcadian-happiness
notoriety. Last year, he advanced a step towards
the free-traders; this year, he makes a retrograde
movement, and falls back on the Monopolists. Those
who may have seen two school-boys playing at see-
saw, and watched with what clock-work regularity the
one goes up as the other goes down, will be able to form
a pretty correct idea of the Premier's system of policy.
It is a perfect game of see-saw between the manufactur-
ing and the agricultural interests. The Minister fur-
nishes the plank on which the two parties are seated,
and as they go up and go down alternately, he
boasts of the impartiality with which the game is
played, and the cogent reasons that each party has to
be satisfied with it.

Madrid journals of the Ist inst. have been received.
According to a letter in one of them from Barcelona,
the Emperor of MOROCCO had replied to the ulti-
matum of the Spanish Government in so insolent a
style as to leave no alternative but war. The con-
clusion of the conferences and the commencement of
hostilities had been communicated to the diplomatic
body. The Madrid Gazette of the Ist contains the
following revolting summary of the executions in
only one district of Catalonia :
" Between the Ist of February and the 15th of June, the
faction' in the Maestrazzo have sustained the following
losses :—Killed on the field of battle, 54 men ; shot, after
being made prisoners, 120 men ; pardoned, for various rea-
sons, 107. Among the prisoners shot are the chiefs El Ser.
rador, Viscaro, Lauva, and Taso ; Marsal and his lieutenant,
Pilaren, Cotarro and his second, Martinez El Serano, Taran-
ques, and Galo de Santa Oleon ; and 25 generals or officers,
including one colonel, one commandant, three captains, and
thirteen lieutenants. Since the 29th of May fourteen spies
and nineteen officers, coming from France, and a certain

number of douaniers who had joined the bands have been
shot. General Don Juan de Villalonga has, by his energetic
activity, not a little contributed to this result."

The Funds have again receded. The Three per
Cents. closed at 268 cash, and 268 for 60 days; the
Fives at 198 for the same period.

The French Chamber of Peers did not sit on Sa-
turday, and the business in the other Chamber was
confined to a debate on two petitions from the town
of Bastia, in Corsica, complaining of the conduct of
the Prefect. The Chamber, however, rejected the
petitions, and passed to the order of the day. The
Committee appointed to inquire into the expediency

of abolishing the duty on newspapers made their re-
port, in which, they state that they cannot reccom-
mend the abolition of the duty, though they disap-
,)rove of the present system, and consider that a uni-
form duty of four centimes (four-fifths of a half-
penny) should be levied on all journals, whether
large or small. They are opposed also to a tax on
-advertisements. The Constitutionel contains a strong
ittack on the Government relative to the partial and
lishonest manner in which Government contracts are
nade. According to law all contracts exceeding
;0,000 francs are to be submitted to public comp?.
-Won, but in many instances the law has been
evaded. Several large contracts for rails and Go-
vernment supplies, it asserts, have been made by pri-
vate bargain with favoured parties to the injury of
competitors, and sometimes at ten per cent. higher
han the market price.

A dreadful fire broke out at Algiers on the night
,F the 26th ult., which destroyed property to the
mount of 1,300,000 f. (52,0001.) The Akbar gives
the, following details :
"The fire has destroyed all the barracks situated between
the streets Bab Azoum and the Dejeninah. This building
'las been greatly injured, and would no doabt have been en-
, irely destroyed but for the prompt and energetic means em-
ployed to save it. The whole of the citizens, directed by the
authorities, and aided by the military, navy, and militia,
ied with one another in zeal and devotion to the common
•ause. The Sardinia frigate Beroldoe sent a strong de•
tachment ashore, headed by their brave commander le Che-
valier , Milece, whose vigorous and intelligent co-operation
'ended mainly to the preservation of a large range of build-
liigs in the street Porte Neuve. Towards midnight the pro-
4ress of the flames was such that it was determined to isolate
the Dejeninah from the Manutention, which was done ac-
cordingly. The Bishop's palace, which was especially
threatened, was immediately denuded of all furniture, and
the Right Rev. Prelate himself in the street, surrounded by
his books and furniture, was desirous of lending a hand to
the work of extinguishment, and was only prevented on the
assurance that the numbers employed were already greater
than the nature of the work required. At midnight the fire
was completely got under. Some rather alarming reports
were spread in town as to the number of killed and injured.
We are, however, enabled, on the best authority, to state that
no one has perished, and the number of injured does not ex-
ceed thirty. It has been clearly ascertained that the origin
of the fire was purely accidental."

THIS DAY S NEWS

HOUSE OF LORDS.-(THIS DAY.

COMMITTEE OF PRIVILEGES.
THE SUSSEX PEERAGE.—JUDGMENT.
The Lord Chancellor entered the House a few minutes
after ten o'clock, when Counsel were ordered in. The Judges
were 8181 in attendance.
The Earl of SHANTESBURY having/I:then his seat as Chair-
man of the Committee,
Lord Chief Justice TINDAL proceeded to read the opinion
of the Judges, as to the construction which ought to be put
upon the Act of Parliament regulating the marriages of mem-
bers of the Royal Family of England. After a very long
dissertation upon the technical legal bearing of certain of the
provisions of the Act, the opinion proceeded to state, that in
that portion of the law which more particularly affected the
case under discussion, the words of the statute were precise
and unambiguous. t expressly stated that no one of the
persons therein described shall be capable of contracting mar-
riage without the previous consent of his Majesty in Council,
such consent to be recorded at length in the license of mar-
riage, in the certificate of marriage, and in the register of
marriage. It was not reasonable to suppose that any person
,hould be competent to set aside the law by contracting
a marriage abroad. It was never in the contempla-
tion of the Legislature, when they passed this Act
of Parliament, that it should be evaded, or at-
tempted to be evaded. An Act of Parliament passed in
this country will bind its subjects both within and without
the realm. If such had not been the intention of the Legis-
lature, then was it most futile and unnecessary to have passed
this marriage law at all. But the Act itself was comprehen-
sive enough—the words themselves were clear, direct, and
unambiguous enough to regulate these royal marriages as well
without as within the realm. But even if precise words
were not found in the Act bearing upon the question, still the
construction of the Act would clearly define the course to be
pursued. The Act would be a mere dead letter, if from the
moment of its passing any one of the Royal Family could feel
himself empowered to go abroad and contract a marriage with-
out the authority and consent of the Sovereign. Again the,
policy and expediency of the Act were clear upon the face of
it. No marriage which the head of the realm might hold to
be detrimental to the interests of the State, could be con-
tracted lawfully either at home or abroad. The Sovereign of
the realm was by this statute specially entrusted with the
care of these matters, but this power and authority—held
for the good of the State—would be at once- put aside, if
marriages thus contracted and solemnised were now to be
held as good and valid. They (the Judges) thought, there-
fore, that the eldest son of A B, under the instructions of
their Lordships, could not make a good title as heir to A B
to the lands sought by him to be recovered.
After a pause—
The LORD CHANCELLOR (as we understood him) said—
Perhaps further postponement would not be required after.
the very able and lucid opinion of the judges of the land just
read to them by his Learned Friend the Chief JUstice of the
Common Pleas. Perhaps it would be stated what course it
was wished to be pursued.
Lord BROUGHAM said he could see no good that could by
possibility accrue to any party by any further postponement
of the judgment of their Lordships. Such postponement
would only cause heavy expense and be of no utility what-
ever to the claimant. lie was quite prepared to give his
own opinion of the case at that moment. He had never had
a doubt upon the matter.
The LORD CHANCELLOR said he also was prepared to give
his opinion at once. He had never entertained the slightest
doubt of the scope and object of the Act. The language of
the Act could not be mistaken. It clearly incapacitated any
person mentioned in it from going abroad and contracting a
marriage. Such marriage was not valid and could not be
recognized by the English law.
Lord BROUGHAM said it was with the deepest sorrow that
lre was compelled—reluctantly compelled to decide against
this claim—for no person who had heard the evi-
dence adduced before their Lordships could for one
moment doubt but that a wrong, a most grievous
wrong. had been 'committed upon the mother of those
children whose case they had been hearing.—(Loud cries of
" Hear, hear.") It appeared to him that the highest justice
required that the Parliament which bad made such a law—
a law which ought never to have been made— (Hear, hear)
—that that Parliament should give some reparation to those
deeply injured persons who had been asking for justice at
their Lordships' bar.—( Loud cheers.)
The LORD CHANCELLOR' most earnestly concurred in the
feeling which dictated the latter portion of the remarks of
his" Noble and Learned Friend.
Lords DENMAN and CAMPBELL having concurred,
The Earl of SHarrissuav put the motion, and the " non-
contents " being declared by him-unanimously to "have it,"
the claim of Sir Augustus d'Este to the Sussex Peerage is
of course disallowed.

SPORTING INTELLIGENCE:
(RECEIVED THIS DAY.)
At a General Meeting of the Jockey Club, held on Saturday
last, July 6,
It was resolved—
That it being now proved that Running Rein was three
yrs old when he ran for the Two yrs old Plate at Newmarket,
Crenoline must be considered the winner of that race, and
that the Duke of Rutland is entitled to the Plate.
" That the thanks of the Jockey Club are eminently due,
and are hereby offered to Lord George Bentinck, for the
energy, perseverance, and skill which he has displayed in
detecting, exposing, and defeating the atrocious frauds which
have been brought to light during the recent trial respecting
the Derby Stakes.
" That it is the opinion of this meeting that no publication
of the proceedings of the Jockey Club should be made without
the consent of the stewards."
The annual general meeting of the club will take place at,
the New Rooms, Newmarket, on Wednesday next, July 10,
after the races.

INTELLIGENCE EXTRA.
NEWMARKET SECOND OCTOBER MEETING, 1844.
MONDAY.—Duke of Bedflrd's Minotaur, Bst 81h, agst Mr.
Pbysalis, 7st 71b; T.Y.C. 150 h ft.
FIRST SPRING MEETING,, 1847,
Ft IDAY.—Three yrs old Sweepstakes of 50 sovs. each, for
fillies out of mares that never bred a winner of 50/., &o.
R.3l.—Duke of Bedford's by The Saddler, out of Monceda,
and Fistiana—General Grosvenor's by Daedalus, out of his
Brocard mare—Mr. Batson's by The Doctor; out of Revelry
—Lord Exeter's ch by Hetman Platoff, out of Macremma—
Sir W. W. Wynn's by Gladiator, dam by Buzzard; out of
Emma, by Orville.

NEWMARKET JULY MEETING.
NEWMARKET, MONDAY NIGHT.—The Handicap did not till.
The July Stakes.—The following have paid :—Tunick.
Jet, sister to Canadian, Hersey, sister to Cameleon, and Glee,
The match between Glen Fishie and Petrowna completes
the day's sport, which commences late.

MARRIAGE IN HIGH LlEE.—The nuptials of Lord
Charles Wellesley, second son of the Duke of Wel-
lington, and Miss Pierrepont, daughter of the Right
llon. Henry Manvers Pierrepont, was solemnised
this morning, in the presence of a most brilliant circle
of the relatives and friends of both noble and distin-
guished families.

Loss OF THE THOMAS, OF GLAsoow.—A letter has
been received at Lloyd's this morning, from the Ad-
miralty, containing the official documents relating to
the loss of the above vessel, on the coast of Guada-
loupe, the particulars of which were received about
three or four weeks since.

THE Wan' OF ERROR.—We received by the
Victory steamer, Captain Parker, on Saturday morning, the
London papers of Thursday evening, containing an ample
and most interesting report of the first day's proceeding be-
fore the House of Lords in the hearing of the writ of error.
We may take the opportunity of expressing our acknow-
ledgment, in common with our fellow journalists of the Irish
press, to the conductors of The Sun newspaper, for the highly
creditable exertion and enterprise by which they produce
such ample and accurate reports of public proceedings in
Parliament and the law courts in their afternoon editions each
day, thus anticipating completely, and to the great accom-
modation of the provincial press through the country, the
reports in the London morning papers. We have in its
number of Thursday a report embracing all the proceedings
before the House of Lords down to its adjournment, from
which we shall compile our report.—Cork Southern Reporter.
BLENHEIM PALACE.—The infant Earl of Sunder-
land, the first born of the Marquis and Marchioness of Bland_
ford, was baptized at the palace chapel, Blenheim, last week.
The Marchioness of Londonderry presented the child at the
font, who was named George Charles, the names of his
paternal and maternal grandfathers. Besides the sponsors,
them were also present the Duchess of Marlborough and
Lady Louisa Spencer Churchill, Lady Caroline Stewart, Lord
A. Churchill, and Lord Seaham. The font, richly embossed
silver gilt, was presented by the Marquis of Londonderry to
the infant Earl, his first grandson.

SUICIDE.—A great deal of excitement was caused
Yesterday at the Custom-house, in consequence of intelligence
being received soon after the usual hour of attendance, that
a young man named John Cooperot clerk in the Long-room
establishment, had committed suicide at his residence. He
was a young man of very gentlemanly manners, attentive to
his duties, and much respected ; and no one can give any
reason for the commission of the rash act‘

THE STATE TRIALS.

(FIFTH DAY.)

WRIT OF ERROR.
HOUSE OF LORDS.—(THIS DAB')
THE QUEEN AGAINST O'CONNELL AND OTOIII
The House:
_presented an unusual appearance. 01, tr
woolsacks sTeie deserted, and the clerks' table wI;01
moved froneetoe upper part of the House down ottil
liji bar. The rd Chancellor's chair was placed
head of the7.talle, around which the Judges were si7oo,
instead of their usual seats upon the lower Nve°i
All the Peers in the House' took their seats close
bar. This arrangement was made to relieve the
t.%001
iiey-General from the necessity of so much e'er ;I°oo
he had yesterday to make. The Right Hon. Gen feet)
was accommodated. with a seat, and spoke in a
tone, and leaning over the bar.
Prayers having been read, this case was called oe
eiestl
The Arroneler-GENERAL resumed his arglieei
behalf of the Crown. He last night called the attvor
of their Lordahips to the objections taken to therecto
he would now proceed to the other part of the ebierler
and first, with regard to the challenge ; their I,° tisfi
were aware that the technical points argued beferedo
were points of form with respect to the making-19 ell
record in that House, and not involving anytheV
took place in the Court of Queen's Bench in 17,41
but the points he was now going to argue were i",,01
in the Court of Queen's Bench in Ireland, andille
given on them in favour of the Crown. Now hew
_AS
first call their Lordships' attention to the
the array, but perhaps it would be better before Mop
to advert to the challenge itself, because be was 59
to
when it was read all their Lordships would come
00'
conclusion that it was impossible for the Crown t or,
any issue upon it, and that the only course left eloir
them was to demur to the judgment. Their Lord e
were aware that, according to the challenge, it was
array of special jurors, and the forms and teri:te
which the special jury was to be struck vas `6,
vided by the statute, the panel muscle,
struck by the Sheriffs. Upon this enieg
Their Lordships would find, in the first place, nn 701
lion that any person was returned that was not
qualified to serve as a juror—there was no 0,10
that the panel returned by the sheriff was notch!
one—and there was no allegation that any of th the
did not stand indifferent between the parties—a"
was no charge that the parties making the chi
were prejudiced by the array, and certainly theodos
no averment that any act of impropriety had beeFolt
by the sheriff, or that the Crown had interfered 04 0
re/urn to the indictment. In Coke upon Lyttleteldhee
B, the doctrine of challenge to the array was laid, bill
and it was there stated, that the challenge tang
either for a principal cause of challenge of the Old
a challenge by favour. The principal cause of chase
partiality in the officer returning the ;so
and if it, were established, the array was quashetlstel
matter of course. In a challenge by favour, the
was not quashed as a matter of course, but thell),
was tried. The grounds of the principal JAI'
were, that the sheriff or other officer returnljr
array were of kindred or affinity to the plaintiff tostl
fendant. Secondly, one of the jurymen were re is
at the nomination of the plaintiff or defendant ; 0t
htelY,
returned any one more favourable to the one than. 0001
other, or if the plaintiff or defendant had an setblopi
battery or debt against the sheriff, or the sheriff,.ooo
action against them ; or if the sheriff were under tadjoe
at the suit of either party, or for cause of an in
ency ; • or, lastly, if he did not return hundreders n. 6!
hundreders ought to be returned. In a challerl-ee`
favour, the challenge must show all the circunisl°S
the case. If the plaintiff or defendant's daughter gel
of affinity to the sheriff's son, that would he
ee!
ground of challenge for favour. The conseene°ol:
quashing an array would be that a new process fe
issue to another officer, different to the one wh°sterli/
had caused the array to be quashed, who would re or
fresh panel. Their Lordships would find that %el!
trine of challenges to the array laid down in „di'
" Criminal Law," page 526 ; Viner's " Abriue,"Ek
article "Trials ;" and Bacon's " Abridgment, JP;
"Juries." The Learned Gentleman then pr.neee srf'
quote a case in which a sheriff had delivered In al' lb
for the grand jury, and had sent it by a messenger bid
plaintiff got hold of the messenger, and had inn° At
to alter the panel, by inserting certain names- e lir,
time the old sheriff was removed, and a new os role
pointed. The array ,was challenged, and the ,o T6`sheriff came into Court and disavowed the Panef:
bench decided that it might be a good ground obutiOi
lenge of the persons whose names were inserted,
oularic
notagood ground of challenge in the array. Ile 'I rag
read the challenge in this instance, but their Tito dei
would perceive that there was no statement °file shellof
fault, partiality, or misconduct on the part ?f,teisionsa
who returned the array. Although the alleeetnoa
the challenge were not made out, yet he unde.nrsaiiwt ofi
it proceeded upon this principle—that if, in IV,, tue'
the juror's book, under the statuteof 1 Willi° name,
should happen to be any omission' of anY we or'
mattered not whether the omission was one na
of
twenty, but if there happened to be the ornission.
name of any person entitled to serve on r
jalirit
r'es,
ye.
off'
v.,ould be a good ground of challenge tothe
ill
contended that there was no ground of challenge tos,
array in the case of this jury only ; but it °
ft go to any other jury. In fact, the allegation
to show that no jury could be returned, d
had nothing to do with the officer ; but in fact wet
to this, that no trial, civil or criminal, could ioe
place in the year during which the mistake took Pti
It was said if there were no jurors' book they ceulyj
the book of the year before. But surely they,eveult
fot
contend that there was not a regular jurors hoop
1R44, because some of the names were omitted. ~.00sol
P the same was most likely the case with the opei
1843. It was exceedingly improbable that all the 11
were in that book. The fact was that the chalielto
the array was not the proper remedy for the
which the defendants alleged they had suffered:hief
Learned Friend Mr. Hill alluded to a proposition tv it°
had been made on the part of the defendants to 51°,10'
bona fides of the challenge, but his Learned Friel' 04
Attorney-General for Ireland, would be guilty °f
lect of his duty if he consented to anything of tile fie'
for if he had done so, it would prevent the furll,, 0111 being a good jury. (The Hon. and Learned Gent en'
then referred to the provisions of the Act of rareue sac,' under which the general list of jurors was Illa7nts
The challenge began by stating that the CO
grand jury cess delivered twenty lists to the
and it went on to state that the Rec Order had uue-e'
out a list, but had not caused to he made out frame;
several lists one general list containing the id
a
so' all the persons whose qualifications had been r
ranged according to rank and property,
svai
the Recorder caused such to be fairly copied in '-ee
order, Nobody had said that the Recorder h.,ate
made out a general list—that it was not delivereli'res
ui
clerks of the peace, and to the sheriff by the eh'ed See
the peace. Nor was it denied that the sheriff :Olio
made out the jury-list from it. But what was 011010
was, that a list was made out with all They re L
arranged according to rank and property. -"-pesalr,;
no denial that the Recorder had made out a gell-
though not a general list containing all thwebis irde
arranged according to rank and property. ",tlea4l`
e hat he would call a negative pregnant. The
went on:—" And the said Daniel. O'Connell sa•tiet
~
said paper writing, purporting to be such general ,
• '
aforesaid, did not contain the naives of eh the
_ortre;
whose qualifications had been allowed upon theol;
big, allowing, and signing of said list as afbr" e'l
the Recorder, but omitted the names of diversebe
fifty-nine persons, whose qualifications to be on fel
lists respectively had been so allowed
sefee#
said by the said Recorder, which said sell( Pb.
persons whose names were so omitted are as • bete
That was the challenge of Mr. Daniel O'Conneileelte
begged to call the attention of their Lordships t° ;re 'its ,it
that the challenges of all the other defendants Ail ;
ferent, for it was added, " for the purpose, an', eses!)riW4
intent of prejudicing the said so and so." Wile;
meaning of the allegation that " a certain PaPeleole
was made out by some person, or persons un- on ,he
What was the effect of it ? What was its bearing at
case ? There was no allegation in the challenge 01
Recorder had not made out a general list--tgatos Po
not delivered to the clerks of the peace--that it•optb
delivered to the sheriff. There was no allegtlll.ls
in that list so made up, and so returned, there jeb•-stv't
omission of a single name. But there was an ;we P-;tir,
that there was an omission of, names from a cer",",,,111`10 ot
writing, made up by some person, or persons, -0 .o•O'',lc
It was easy to see why the challenge was madetifer de way. They had not referred to the general list e-40
be the Recorder and the other officers, Von- fo-of
found it would be bard to do so without e.Beg'lniar'''
against some one of the officers, In a subseclue" twesi:h°
the challenge, it was said that the challenger 0.0004
aware of or privy to the omission of the naln° he e.OO
paper writing ; but there was no allegation thrnees P
the,general list, The challenge then went °th▪ e
`,general
said D. O'Connell further says, tha"l., feel° t
several persons whose names were so omitted the %re
said fraudulent paper writing, purporting t?, be 0,.i3.00
neral list as aforesaid, were, at the time al t,.."„e et e 1
turn of the collector's lists and at the trie-esc,i',ol
said special sessions, and still are, sever,Al,l;ei,
tltl
within the county of the said city of 1/1:'-iy ;4(1
were at the said several times and now are d'a pl
fled to be, and should and ought to haee beenike call
upon the said general list." On this a;itegatintli veto,
their Lordships' attention to this faet, that it cliii"erel, jot
pear that the names so omitteel from the gors list 1
were qualified to be placed
'They were qualified to be placed on the geeneali6e,eo
but there was no alle;gation that they were eeee (5,
be on the special , on the special Peeled to
l'arors' list, The challenge wiber
ss
on to say, " arcs the said Daniel O'Connell fur rP°r"
that from thee said fraudulent paper writing, P'! Weer
to be siseh general list as aforesaid, a eeretteentite
purporting to be the jurors' book of the sal" eeet'r
the 'city of Dublin for the current calendar „dti forthh
wit, for the year one thousand ei h hundred e"eld ?
g t
four, was made up and framed." He ;t fra'i
by whom was it made up, by whom was "t teace
0t
There was no averment that the book was nie by
by the challenger himself ;it was not state' s to
it was made up, or under what circumstalleent 'peivYK
not averred that the challenger himself was floe at,
and a contenting party to the framing it. _et be 70°
minded them that the jurors' book could n_leo, 0
up by the Recorder, as it was made up by the u„ feel?, the
pence. The challenger then went on to saLooe
said book so purporting to be the jurors'cuerreet ;rel
said county of the city for the d
sal
he said cuoard?
was made up the special jurors' list for t lit 11%00
year, to wit, for the year one thousand flg„,, w
and forty-four." Again, he ivould est'. ugstlenfi▪
he
c -"La
Was that done with the consent of the AP
There was not a word to say that it was not.

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