The Sun.
London, England, 1844-01-16 00:00:00

peace, and that the Recorder neg:ected to do so. The
Learned Gentleman then went on to read from the chal-
lenge to show that the averments had been made as dis-
tinctly as possible, and in fact in the very words of
the statute. He did not think the Crown ought to
press the trial under such circumstances. It was no
objection to say that the guilty person could be
punished for omitting the names ; for what satis-
faction was that to a person found guilty, it may be,
of a capital offence ?

Mr. FITZGIBBON argued on the same side with Sir
Coleman O'Loughlin. He said, the real question in
the case was, whether the list was a good one, and
he would undertake to show it was not. The,Legis-
lature was most precise in the language it
used with regard to there being a proper list.
But for this list what had been substituted ? The
traversers had not shrunk from placing on their
challenge an averment that they were no parties
to the fraud which had occasioned the
omission. The whole argument of the At-
torney-General amounted to this—that some in-
dividual had been dexterous enough to filch from the
desk of the Recorder the list of the jurors, and to
decimate the whole of them, for the omission of 59
names amounted to about a tithe of the number ; and
that if any person had done this he ought to be punished
and that he (the Attorney-General) would assist in
doing so. He would assume. that it was the Recor-
der's footman who had done this; but did that make
the Recorder's conduct more legal or proper ? The
law said that the Recorder should make out, or cause
to be made out, a list comprehending allthe names qual-
fled to be placed upon it. Had he caused this to be
done ? The answer was plrin and evident that he
had not. The traversers, there:ore, objected to be
tried by a jury so fraudulently constructed. If he
could suppose—what, perhaps, it was difficult to sup-
pose—a Crown prosecutor desirous of doing justice,
and justice only, he would have been careful
that not one of his steps towards hunting a fellow.
subject into a prison should be tainted by illegality
and fraud ? Would he not gladly have embraced
the opportunity now offered of correcting
this error ? It was not too late ; it might
be easily accomplished. They had only to
have • adjourned the Court till to-morrow,
and in the mean time to have made inquiries of the
Recorder if the 59 persons were duly qualified; and
if they were shown to be so, they have said let the 59
names be put into the box again, and the jury drawn
with them. The omission would thus have been
supplied. He knew that every public offieer must be
presumed to have done his duty till the contrary was
proved. Was the contrary proved in this instance ?
He contended that the grossest negligence had been
proved against him, and yet they were asked to presume
that he had done. his duty ? It was one of the first prin-
ciples of law, that fraud vitiated everything. It
would vitiate a judgment of their Lordships—it
would vitiate a judgment of the House of Lords.
But in nothing ought fraud to be more guarded against
than in the preparation of the ;list of those who
were to pronounce on the guilt or innocence of a
fellow-man. They had heard a great deal"of the
mischief of delaying justice. He agreed as to the
mischief of delaying justice but there was a
very great advantage in delaying injustice. He
denied what had been asserted, that the list of
jurors for 1844 was to be taken froM
the list of 1843. The Attorney-General had not
pointed out one defect or failure in the averments of
the challenge. Hs asserted that there was no aver-
ment that the Recorder did not hand in a list ;
tainly there was not; but there was an averment
that he handed in an illegal list. Had the chal-
lenge denied that a list was handed in at 'all
they would have immediately been met by a question
of fact, and full proof would have been given that a
list was furnished. He contended also that the
legislature gave full powers to rectify the iiat if any
errors had been committed in drawing it up. And
were they to have no remedy ? Why, there were
there was given the power to challenge the 'array
at all ! He did not cast one single imputation on the
integrity of any one of the twenty-four gentlemen
who had been selected. He was against the whole
principle on which the panel had been constructed,
and the legality of it as constructed.
The SOLICITOR-GENERAL then rose. In corn-
tnencing his address, he regretted that his Learned
young Friend has, from inadvertence, used the ex-
pression of a "packed jury." Such expressions went
abroad, and produced an imputation most injurious,
although they were groundless and unwarrantable. He
then proceeded to the question of the challenge, the
legality of which he supported, on the ground that
there was a difference between the challenge of a
jury on the ground of a want of impartiality on the
part of the Sheriff, and the challenge of a jury where
no such partiality was alleged against him. He quoted
several cases and reports, to prove the inconveniences of
allowing the challenge in such cases. He also strongly
condemned the harsh terms which had been applied
to the conduct of the Recorder, who was not be'ere
the Court, was unrepresented by counsel, and could not
reply to the aspersions. He then proceeded to notice
the legal consequences of that alleged misconduct,
and restated the argument of the Attorney-General,
that certain averments which ought to have been
made in the challenge, in order to support it, were
not inserted. He argned also that, even allowing that
the Recorder had been guilty of negligence
the consequences of that negligence amounted only to
this, that the list was not so perfect as it might have
been. But it was not denied that' some list or other
was made.

The Hon. and Learned Gentleman was proceeding
with his argument when the mail left.

REPEAL ASSOCIATION.
The Association held its usual weekly meeting in
;he Conciliation Hall this day.

The chair was taken at two o'clock by Martin
Tonal), Esq., of Limerick.

The hall was thronged in every part, and the gal-
leries were filled with fashionably dressed females.
In the course of the transaction of the ordinary
routine business, Mr. O'Connell entered the hall, and
was greeted by the most enthusiastic and prolonged
cheers.

Several subscriptions having been handed in, the

thanks of the meeting, on the motion of Mr. O'Con-
nell, were voted to the inhabitants of Placentia, New-
foundland, for a subscription of 16/. transmitted by
them to the Association.

While several subscriptions were being hitOed in,
Mr. O'CONNELL observed that the expenses of the
trials would be enormous. He would say no more
for Ireland. He would be ashamed to say more.

The Hon. Gentleman then handed in 541. 2s. 6d.
from the grocer's assistants of Dublin; an address
from whom to the Liberator was also read.

The following sums from America were handed in
by Mr. O'Connell :—St. John's, Newfundland,
51. 10s. Bd. ; Pittsfield, 101; Richmond County, 10/. ;
Norfolk, G 01.; Baltimore, 1201.

Those sums were announced amidst the most rap-

,urous applause.

Mr. O'CONNELL observed that as the hour at which
the Association had met that day was rather late, he
would reserve the reading of the correspondence that
accompanied those remittances, for Monday next,
when he would ask leave of the Attorney-General to
come down from the Courts.--(Laughter.)
On the motion of Mr. O'CONNELL, the thanks of
the Association were passed to the parties whose
names were connected with the subscription.
In the course of one of the various short addresses
which Mr. O'Connell made to the assembly, he ob-
served that he did not care one pinch of snuff for the
result of those trials. He inculcated the neces-
sity of peaceable conduct for the present
throughout Ireland, and in Dublin particularly.
where he trusted the people who assembled in the
street to witness his progress to the Court, would
not hiss or groan at any individuals. He also guarded
them against the spread of ribbonism.
Several subscriptions were being handed in when
our reporter left. The weekly amount of rent had
not been then announced.

THE WRECKED FISHERMEN.—We are glad to
observe that the appeal to the sympathies of the
public in behalf of the poor fishermen who have
lost their bread-winners, is not likely to have been
made in vain. The subscriptions advertised to-day
-amount to upwards of one hundred and sixty pounds,
and we know that more is forthcoming. Nor will it be
unrequired. The s,un necessary to replace the wrecked
boats is much larger than was at first supposed ; and, as
the people can do little or nothing themselves, there will
be the greater claim on the generosity of the public.—
Aberdeen Herald.

POLICE INTELLIGENCE.
CLE.RKENWELL

Yesterday James M'Grath, the noted prizefighter'
John Macdonald, and George Hopkins,- were placed ti
the bar before Mr. Greenwood, the former prisoner
charged by George Fisk, a respectable-looking youl
man, residing at 2, Foster-buildings, St. Luke's, with
having committed a most violent assault upon him, and
the two latter were charged with inciting the mob stl"
M'Grath WI assault and resist the police in the o°'
cution of their duty, &c.
George Fisk stated that on Saturday afternoon lost'
between three and four o'clock, he saw the prisoner,
M'Grath on Saffron-hill, beating a woman in, a cruel
manner.over her knuckles with a stick, and he kicked her
repeatedly. Witness remenstra,ed with him, on which
he struck witness with the stick over his nose and
knocked him several times on the spine of the back 10,
a violent. manner, and had it not been for the arrive'
and assistance of the police and some private individuals
be must have been kilted.
Mr. GREENWOOD inquired whether the woman Was in
attendance was answered in the negative.
Robert Foulgeri 71, G, stated that between three an
d
four o'clock OR Saturday afternoon, he received informa-
tion that there was an outrage on Saffron-hill. On his
arrival he saw M'Grath beat and kick last witness se'
veral times. Witness took M'Grath into custody,!
who
he tripped witness up three or four times, and beat an
a
kicked him so violently about the legs and head that he
was disabled and could nut perform his duty. He 31
tore his coat to pieces. Macdonald struck witness and
attempted to rescue M'Grath.
William Hindins, a City officer, No. 271, was called
to the spot, when he saw M'Grath violently ill-using 71
G. Witness interfered, and M.'llonald swore that be
would mark witness. The prisoner Hopkins used Wet'
tening language,
. and incited the mob,
to attack the officers. which was 011"
George Helder, City officer 212, corroborated this evli
deuce. He was also violently assaulted, and received
a severe cut on his head from a stone which was flu"

_ ..
at him.
M'Grath, in his defence, said he knew nothing of
what took place. He had been treated with brandy'
which made him quite drunk.
M-Donald made a similar defence.
Hopkins denied the charge against him.
Mr. GREENivooD sentenced M'tirath to one month,'
imprisonment in the House of Correction for the assault
on the ,policeman, and for the assault on Fisk he eon-
victcd him in the penalty of 51., or to be imprisoned two
calendar months, leaving him liable to be prosecuted by'
,
other parties whom he assaulted. Ile convicted
M`Donald in the penalty of 31., or one mouth's imprison,
ment ; and Hopkins in the penalty of 205., or ten days
imprisonment. Hopkins paid his fine and was liberated'
but the other prisoners were taken to prison.
Joseph Kipax, a Yorkshireman, meanly clad, and evi"
dently destitute, was charged by the parish authorities
of St. Andrew, Holborn, with refusing to work.
Mr. Wilkes said he took care to have his supper, 1047 i
ing, and breakfast, before he refused. They employed
casual paupers to work for their lodging, supper, an
breakfast, from eight o'clock to twelve in the forenoon'
The prisoner said he was a farmer's labourer, he 015
destitute, and he wished to he passed to his native place.
Mr. GREENWOOD cogunitted him to the House of Cori
rection for semi days, and suggested that 'he /nig'
apply to the Visiting MagistrateS to be passed. a,
John Blakeman was charged by Mr. J. Skinner,
lord of the Red Lion public-house, Warner-street, Cola'
bath-square, with stealing three brass candlesticks.
The prisoner, it appeared, entered the house of 03
prosecutor on Saturday evening, about six o'clock, to
asked for a light, when he slipped into the kitchen ol'
observed, and tied the property up in an apron.
was leaving the place when the potman stopped 1104,h
He dropped the bundle, and had a desperate struggle
with the potman, who was severely maltreated, but tn°
prisoner and the property were secured, and taken to the
station-house.
The prisoner denied the charge, but he was fully corn'
milted for trial.
Mr. GREENWOOD ordered James Phillips, the potnisli'
to be furnished with a certificate for extra expense*
and complimented him forhis courage and good conduct'
Patrick !'Dermot was charged with a violent assault
upon Charles Marson, of Rotherfield-street, Islington.
The prosecutor (whose head was dreadfully injured
and bound up) stated that on Saturday night last; be•
tween ten and eleven o'clock, he was attracted by a nois:
in a court, in Lower-road, Islington, and on going to voy.
ness the " row," the prisoner struck him a violent blety
on the jaw," and exclaimed, " Give him a crack,"
which a man struck him on the head with a quart-Pnh
and another man felled him to the ground by the bloW
of a
.poker on the forehead, which cut him dreadful/ft
and rendered him insensible, and he was carried to • a
surgeon's. - . _

witness corroborated this evidence.
The prisoner denied the charge, and set up an alibi.
Mr. GREENWOOD remanded him for the apprehengel
of the other man, but he afterwards admitted him to bat
for his appearance on a future day.
7'HAMES POLICE.
Yesterday Captain Alexander Montgomery, the master
of the barque Superior, lying in the West India Dot
appeared before Mr. Broderip to answer the comp/Pie
of James Macdonald, a seaman, who claimed a Wane.
of 121. for wages due to him on a voyage from Londe':
to Sierra Leone, Demerara, and back, under articles
2/. ss. per month.
aid
Mr. Wells, a solicitor on the part of the seaman,
the gross amount of wages was 14L 10s., and he was
willing to give credit for a month's advance in Londee
and some other payments, but a claim was made tor 54*,
which had been paid on a monthly note purporting to be
signed by the master, and indorsed by the man. Tb
document was a forgery, and the man was ready t'
swear he never gave authority to any one to issue the
note, and knew nothing at all about it.
Mr. BRODERIP said if the owners had paid the money
in their own wrong, they must bear the loss of it.
Captain Montgomery said that 51. had been paid by
the brokers of the ship on the forged document, le
monthly instalments of 11. each, and the person who re;
ceived the money was a female, who was at the brokers
office two or three days ago. He pronounced the sir
nature on the note, " Alexander Mangomry," to -be $
forgery.
Mr. Wells said that his client could neither read Or
write, and he made his mark on the articles. The cor
Min's name was Alexander Montgomery; on the note i°
was " Mangomry." The advance note given to the sea'
man was a genuine document, and was directed to
" Stowell and Brown, 157, Fenchurch-itreet." On thet
forged instrument, the money was made payable
,11.
" Smith, Brown, and Co.'s, 170, Fenchurch-street."
was astonished that the brokers paid a farthing.
Mr. BRODERIP put it very strongly to the man who'
ther the forged note had been issued with his privity et
consent.

Macdonald solemnly declared that he knew nothing at
all about it.

k Mr. BRODERIP said it was a very hard case upon the
owners, but there was not the least reason for Or
posing the man knew anything about the forged monthly
note. He then ordered the wages to be paid, with costs'
Captain George Barclay, the master of the ship Seil
Nymph, was summoned before Mr. Broderip, at the suit
of Benjamin Wheelwright, the mate, for 51. los., a ba"
lance of wages.
The complainant had been a voyage under articles
3!. I Os. per month, and joined the vessel in the Clyde 011
the 17th of January last. From Glasgow the ship Pl°-
ceedcd to Monte Video, and thence to Buenos .A3're s'
where, in consequence of some words with the CaptaiT
the mate went ashore and consulted the British Consll.:
who referred him to the captain of the port, and by hind
he was transferred to the commander of the Daphi,!e:
man-of-war, on the station, who could do nothing IT
him. The Consul was once more appealed to, who. rn.
wised him to return to the ship and bring an actit).'ci
when he reached England. When the crew were pa'
off the sum claimed was deducted by the master for ab'
sense on shore for thirteen days at Buenos Ayres, t%
days absence in the Clyde without leave, and the value °f
some hides, alleged to have been lost by the complainants
negligence. Those facts were elicited from the cool"
plainant, or to use the Magistrate's own words, " Ptig
out of the man," with considerable difficulty.
Captain Barclay said there was a loss of some hides;
and he charged the mate with it, and also fifteen days
double pay for absence from the ship. When the e(0-
plainant received his wages, amounting in all to 411.65"1
he agreed to the deductions, and signed a receipt in 10"
of all demands.
Wheelwright dissented from this ; when he received
his wages he told the captain he was not satisfied.
BRODERIP said the audacity ei some people Was
remarkable. The master had only deducted what h°
was entitled to do under the Act of Parliament, and the
value of the hides lost. If the captain had notpaid
it would have been a question ‘lhether he was entitled to
any wages at all. He dismissed the case.
Bruce Janson, a weatherbeaten Scottish seaman, be'
longing to the Orb, lying in the Hermitage tier'
Wapping, complained to Mr. Broderip that he had beeo
forced ashore by the master before the voyage had ter-
minated, and wanted to got back to Galway, in Ireland,
where he shipped.
Mr. BRODERIP—Where did you ship, and for what
a
voyage ? Janson—Eh, your.Honour, I ken it was at
,
Galway, on a voyage frae Lunnun and back to Galvvn'a
or Limerick. Ye ken I'm a Scotsman, but my wife an
bairns are a' in Galway. Weel, Sir, on the voyage
there was a piece of beef too fat, and we didna like 16;
and so there was a dispute, and when I came here tit
captain ordered me ashore.
Mr. BRODERIP—What, do you complain of ship beef
being too fat ? We have had many complaints of lt9
being too lean, but I never heard of its being too fat. It
would be a hard case for the man to be left here, llu,"
directed Fox, a Thames-police Inspector, to make
quirks, and see the captain on the subject.
The master consented to take the man back to Galvrai.

13 IED.
On the 29th ult., at New. York, in his 33d year, of apoPle*
William, son of Thomas Vyse, of Ilern-hill Abbey, Surrey:
eR On the 13th inst., Joseph Strutt, Esq., of Derby, aged 79
On the 13th inst,, at Lake, in the Isle of Wight, LieutenaP
J, H. Peel, R.N., aged -17.
On the 13th inst., William Scrivens, Esq., banker, fjastt
'ngs•
On the 13th inst., at Deptford, Richard Hughes, Esq. EA,
On the 14th inst., Elizabeth, the wife of George Wigg' t.
On the 14th inst., at Wargrave-hill, Berks, Lieutertan
Colonel Raymond White, late of the Enniskillen Dragoons,
On the 14th inst., at Kingsland, Commander Charles Chaw
pion, R.N., aged 72.
On the 14th inst, James Farquharson, eldest son of Mt
James Dodd, of St. James's-street, aged 13.
On the 14th inst., Anna, the youngest daughter of Mr. G'
Ellis, of Cumming-street, Pentonville.
On the 15th inst., Mary Smith, widow of the late IVI
Smith, newsvender, of Hackney-road.

London : Printed and Published by AIURDO YOl.l- G, of
No. 112, Strand, at The Sim Office, No. 112, Strand
the County of Middlesex, Tuesday, January hi, 1.644.