The Sun.
London, England, 1844-01-18 00:00:00

IRELAND.

STATE. TRIALS.

(BY EXPRESS.)

(PROM OUR OWN REPORTERS.)
DUBLIN, TUESDAY, JAN. 16.
COURT OF QUEEN'S BENCH.
Tat.
QUEEN U. DANIEL O'CONNELL AND OTHERS.
The proceedings of yesterday did not advance the
case at all; it was a repetition of the preliminary
oraiishing that has already given such active occu-
l/ation to the Crown lawyers. It was, however, fully ex-
it, ,ete(l that to-day the case would be fairly commenced
e swearing in of the jury, and the immediate
pPenieg address of the Attorney-General. The
assembled at 10 o'clock, and there was a very
f4ll attendance within the building ; but outside
eze/'our Courts there was much less of bustle and
itement than on the previous day. The arrange
tf6A,,e, were
, precisely the same, and proved equally
i
n securing order.
~e-lceir Lordships having taken their seats, the tra-
/leA were called in the usual manner. Mr.
I,e°l,llllell answered to his name, but Mr. Barrett and
T he
were absent.
tak e names of the jury were then called over to
ezte their appearances ; they all answered with the
lioePtion of Mr. Stephen Parker. Captain Edward
zkePekr applied for an exemption on the ground of
i:6l,l',ebig 72 ; and Mr. Benjamin Eaton on the score
eh:" acalth. Both the applicants were told by the
t(V'tTostice to wait.
q .11 the names of Mr. Barrett and Mr. Duffy being
gain call
A/ • ed,
!. Gartland, solicitor, said that Mr. Duffy had
hee,
ere .obliged to quit the Court on the preceding
d4iniegi from severe illness, and applied for an in -
gene' of a few minutes for his appearance.
;'al.• `-/
4 r,
ANTwELL (for Mr. Barrett) said that this
etleman
could not appear for a short time, and
askedN if the case might not proceed in his absence, he
Cantwell) appearing as his attorney ?
a The A.TrottNEy- GENERAL said it was requisite in
iitje of this kind that everything should be con.
4 'ed with the utmost regularity and order. If
ilietraverser were absent for ten minutes on
absent rst day of the trial he might be
°n another day for a longer period.
without
be very inconvenient to individuals, but
tot 'Jut the consent of the Crown, a traverser could
appear in in this case by attorney. If he appKied
tirleratto,rney in an early period of the proceeilings,
tifght be some difficul i
ty at a later stage in den-
atil‘tl them. It had been decided in England that
access the consent of the Crown was given, parties in
)s,te of this kind could not appear by attorney.
virs r. O'Connell said he did not think that the tra-
kriber,s Could be considered as included in those di-
e't in the indictment as persons unknown.—
aughter.)
Thevrthe Court waited a few minutes, when
ikteak CHIEF JUSTICE said it was now twenty
eYond the hour to which the Court adjourned.
4 u
see
CA.NryvELL said Mr. Barrett resided four or
4elatin, iAles fromtown, and, probably, might have been
by some accident.
was
The CHIEF JUSTICE said the indulgence as to time
keno not in the power of the Court to grant.
104 T. CANTIvELL then asked for only five minutes
Der, which the Court granted.
bir tiring the interval Mr. Henn, the counsel for
ofte ioarrett, entered the Court, and made the same
ale On behalf of his client, that had been previously
pr de by Mr. Cantwell—namely, that the case should
th,l""d in his absence. In a case of misdemeanour
Ireh enUld be no objection to this.
had CHIEF JUSTICE said the •Attorney-General
be already signified that he could not allow this to
be done, on the ground of the difficulty there might
meidentifying the traversers. It was the Attorney-
-11
C
ueral who had to be satisfied on the point, not the
°art.

En The ATTORNEY...GENERAL said had the application
iTaeappear by attorney been previously made, he should
.been prepared to show that the traversers had
sight to appear by attorney. All the parties
arued in the indictment were bound under recog-
izances to appear in person, and during the present
trial he should be under the necessity of insisting on
their personal appearance every day.
kr. O'Connell said, that would subject them to a
`ties of accidents that might detain them two hours
tver
The CHIEF
day
JUSTICE said that was not likely to
'lPen.
114: file name of Mr. Barrett was again called, and he
not arrived.
The Clerk of the Court then ordered Timothy
Pet , 11! Esq., and James Rooney, Esq. (Mr. Bar-
-1)(it s bail) to be called, and required " to produce the
3' of Richard Barrett."
eo'reeisely at this moment Mr. Barrett entered the
ttil,,rt, and his exceedingly opportune arrival excited
'at laughter.
it a4t • Larrett apologised for his absence, stating that
forss° from his residing at some distance from town.
Calm' JUSTICE said that was no reasontl' at alluch a
thin not attending the hours of the Court.
to 4,(l`eurred again the Court would be compelled
rti,°tPl the recognizance%
first se '4')nur then proceeded to swear the jury. The
Ca-well') was Mr. James Hamilton.
Qair„Ptain Edward Roper was called, and then again
hatir his exemption on the ground of age, and
Thetii4 an affidavit setting forth his age.
kr WIFE JUSTICE—Pass him over for the present.
of Ilerix objected to the withdrawal of thebeen
name
itePer. The plea of age should h
the Recorders' Court ; he submittedav that it
leogl4ll not be entertained here.
o,oo° affidavit was handed across the table, and Mr.
el4raTiell having read it, said that it was only a de-
-4rt.°/11) of age, n of an affidavit of any incapacity.
on at)per said it. was six years since he had served
age. Y JarY, and he thought he was exempt from
The c
bad e taken the proper steps in October last.
Rro4 ACDONOUGII objected to the exemption, and
del' "et" his argument against it on the judgment
ev:,,v;eed by Mr. Justice Crampton on the previous
140-41 g. That decision asserted, in the strongest and
setc, ,einPhatic manner, the finality of the
hex er s list. One ot` the qualifications for
the g' on that list, was being of a certain agec;
'
the p'qeeorder had adjudged on that qualification, an
that s:°1111 had itself asserted, in emphatic language,
tribhaell adjudication could not be reversed by any
thstlial; Mr. Justice Crampton had expressly said
Air Could not be inquired into.
teed r• Justice CRAMPTON said the Court did not in-
%wit° Pass over the name of Mr. Roper. Mr. Henn
not
ad also permit him to say that his argument was
thQ4 item.
His judgment was given on the array
t e Wholeag jury panel, and he had given no opinion
Tlithe qualification of any particular juror.
had be Csaid the name of Mr. Roper
ulp JUSTICE
fk, eel"' returned, and he was now on the list ;so
TC" Aet of Parliament had been complied with.
t011"t question was, whether Mr. Roper was enti-
cto be passed by. As far as he had yet gone he
R 0441% h ard nothing to induce him to say that Mr.
per had established an excuse. He rather thought
Co4tilli° Such sufficient reason had been shown to the
and he was of opinion that the juror ought to
he 'worn.
Steppkroper was then sworn as one of the jury.
medicn Parker was then called, and handed ina
luabiliatlyeteertificate from Surgeon Kirby, stating his
kr
attend.
4Wor,, ancel a licentiate apothecary was called and
ite ". He said he knew and attended Mr. Parker.
eite:as laboluing at present under great nervous
/S elit'--(Laughter.) In his (witness's) opinion, he
tbc,u riot
in state to attend to the present case. lie
had gilt it would be fatal to him to attend. He had
`ier?°l)lexy twice.
,B,B"examined by Mr. MACDONOUGII—IS of opi-
qttte
'll oat Air. Parker could not attend. He was in a
'.great excitement. I heard him called yester-
diterei went home with him, and I saw him after
kr.
merit Acnor;ouon—Was he hi a state of excite-
The.A," ?(Laughter.)
It/14 tardtIeT°It"Ir"GENERAL said he did not think there
r for -laughter
or ridicule in the case at ill.