The Sun.
London, England, 1844-01-26 00:00:00

, fthe purchtt4' lhe paper or2otherwise. But the Act of Per-
im:tient said alai tiled copy of the declaration should be
?reds:toed igainst persons who had signed it.
itor
The Attornisig: oral said there was another clause in the
Act, Ind— t
Mr. Tomb handed it np to the bench, observing that the
material portion was underlined.
Mr. Justice Perrin read the Act again as far as the words,
" and shall have signed the same." He was not disposed to
make a preoedent,. especially in a case where there was abun-
-lent evidence, in order to govern future cases.
Chief Justine--. The Court has admitted the evidence.
Mr. Whiteside,—Save the point.
The Court then adjourned for some time.
The Court and jttry having returned,
Mr. Vernon, of the Stamp-office, was recalled and exa-
mined by Mr. Stripe.
Have yen got a Nation newspaper of the 10th of June?—l
lave; it was the paper lodged at the Stamp-office, pursuant to
the Act of Parliament. It imports to be printed by C. G.
Duff/. proprietor and editor, Trinity-street, Dublin.
Witness was then directed to turn to the leading article of
the paper, page, 552, and to read it. It was written in conse-
quence c f a corresponient having condemned the placing the
names of Clontarf and other Irish battles on the Repeal card,
as Le believed it would have been better to have substituted
such words as " Temperance," &c. The article dissented
from this principle, and at some length the writer agreed that
war sometimes elicited great virtues, particularly in a just war.
The article concluded with a quotation from Dr. Arnold's
" Lecture on History."
Mr. Whiteside asked the witness to turn also to the report
of the proceedings of the Association in the same paper, and
to read them.
Witness did so. The speeeh of Mr. O'Connell was in sup-
port of a resolution for inserting on the minutes the letter of
Mr. Smith O'Brien containing the resignation of his commis-
sion of the peace for the county of Limerick. He spoke in
high terms of Mr. O'Brien, who, he stated, was the most inde-
pendent Member of Parliament, while his arguments in favour
of Repeal were Unanswerable. The speech also contained a
strong expression by Mr. O'Connell of his wish that in all re-
gulations between landlord and tenant the rights of preperty,&c.,
should be respected. As the witness lowered his voice during the
reading, Mr. Whiteside desired him to read the speech as well
es he had read the leading article. Mr. Steele': speech on
this attention was omitted for want of space, and the resole-
Intim as to Mr. O'Brien's letter was carried. Mr. O'Connell
then addressed the meeting, condemning the conduct of the
Chartists in England, and advising the Repealers of Ireland to
expel them from their Associations, and have nothing whatso-
ever to 110 with them. The speech then proceeded to allude to
the unequal state of the Parliamentary franchise in both cons-
Awies, and expressed as apprehension. that in a few years there
, -would be no such thing as a Liberal constituency in Ireland.
It Oats alluded, in denunciatory terms,to the Poor-law Amend-
' sent Bill, and called upon the people to unite peaoehtlly and
emeniteitiosially to obtain redress for their grievances.
The Chief Justice—l don't know how you propose making
that evidence ?
Mr. Vernon continued to read the oonclusion of Mr. O'Con-
nell's speech. and then stopped short, as he expected to be
asked to read no farther, but Air. Whiteside told him to read
the address to the people of Ireland.
The Chief Justice (appearing tired)—Was not this reed
already ?
Mr. Whiteside—No, my Lord, it was not, and this is the
document which explains all the objects of the Association.
The witness then read the address at length, and having
came to that portion of the Report which stated that Mr.
O'Connell moved the adoption of the Report,
Mr. Henn respectfully submitted that if the Crown gave in
evidence any document, and read only part of it, they had a
right to have it all used as evidence for the Crown. This was
laid down in Philips upon Evidence, sth Carrington and Payne,
page 238.; and in 7th Carrington and Payne, page 3'6, the
very point was decided. These authorities, he contended,
established that the whole of the document was clearly made
evidence—it was made evidence for the party who produced it.
Judge Person asked Mr. Henn if he recollected the case of
the King v. Perry. He knew it was decided in that case that
the advertisement in a remote part of the paper could not be
read in evidence.
Mr. Henn—l do not know if the case had reference to the
otherparty or net.
Judge Perrin—lt is reported at all events.
Mr. Heon.—When the party on the other side calls for a
doetaseat, and looks at a portion of it, we are entitled to have
it all in evidence.
Chief Justice—Yes, but the Crown does not eall for it here.
Mr. Henn—That is an a fortiori case. The party call for
it bore, wad, when they look at it, we are entitled to have any
portion of it read.
Chief initial—That may be very good law in a particular
ease, bat it is no general rule. Hand me up the book.
Mr. Heim handed up the book from which be had quoted,
and the Chief Justice read it for 110111,0 time.
The Attorney-Geseral relented the Court to the last edition
of Carrington and Payne, p. 341, and said it was laid down
that such a propocition as the other side contended for could
not be nmintaieed.
Mr. Fitzgibbon did net contend that he had a right to call
for the advertisements to be read. The examination of a
witness ought to-be confined to the issue, and if departed from
it should only be to try the credit of a witness. They had no
right to stop short when they pleased. It was for the Crown
to interpose when anything was offered to be read which was
net pertinent to the issue.
Mr. Monahan said that the case cited by the Attorney-
General from Adolphus and Ellis had nothing to do with the
present use.
Judge Crampton—The question is, whether one utiole ex-
plains or modifies the other, or whether it can be made appli-
cable to the offence charged..
The Lord Chief Justice said the'case had been so mush dis-
cussed that be would be brief in assigning his reasons for the
decision he meant to give. An article published in the Nation
newspaper. entitled " The Morality of War," was given in evi-
dence by the Crown. The article in itself was perfectly com-
plete and distinct, and the whole of it was read by the Crown.
On another occasion, after -tn interval of some days, at a
meeting of the Association, a speech was made by one of
the traversers and reported in another part of that same
Nation newspaper, apparently having no connection with, or
inquiring no qualification of, the opinions published in the
Nation on the subject of " The Morality of War." Now. let
it be eappooed that speech, instead of having been made by
Mr. O'Connell, was spoken by Mr. Daffy himself, at that
mooting of the Association, could it be mid that he
weeld have been entitled to have the whole of it
read. thoegh he was unable to show its connection with the
gaistieation of an article entitled " The Morality of War ?"
There appeared, as his Lordship conceived, no ease bearing in
seaport of the preposition now advanced br the traverser), and
if he had been called upon to decide, he should have great
doable as to whether the traversers, without the cement of the
CPO IF 11. weals' have a right to have a distinct independent
pahliastien real at all.. However, the Crowe made no ob-
jeetiess to the speech being read, as well as the publication,
" The Morality of War." It was, not necessary at all for the
Court to decide whether, if the objection bad been made, the
Court would er would not have yielded. It Las been said the
question was, by shorn the speech was read. The Court were
of opinion that it had been read by the traversers.
Mr.' Jastioe Crampton concurred with the Lord Chief
Justice.

The witness was then directed to refer to the Nal4ll of the
12th of August; 11343, and having identified and proved the
publicition therein of an article headed " The March of Na-
tionality." Mr. Bourne read it at length. (This document was
published at length in the opening statement of the Attorney-
General.)
Mr. Whiteside haring desired the atiser to road another
paragraph from page 691,
Chief Justice—Let it stand over till morning.
As the Court was aboet to rise, Mr. Henn, Q.C., informed
the Court that Mr. Samuel Alannsell was in attendance.
The Chief Justice said it was the opinion of the Court that
Mr. 141aansell should personally apologise to the High Sheriff,
Ur. latoaelie.
Mr: Latoeche said that he hat no personal feeling in the
matter. Mr. Matins*ll, whom he did not know, applied to him
for %LAO', which it was not in his power to give.
Mr. hiattnell then apologised to the Court and it* officer
is the terms suggested by the Chief Justice.
Chief itaatice—Let ne more be said about it.
The Court then rose.

LAW INTELLIGENCE

EXCHEQUER.-(THIS DAY.)

(Sittings at Nisi Prins, before Mr. Baron ROLFE and a Com-
mon Jury. )
Twn undefended eases (Robinson v. Manners and Cockerill
v. Hurd) were disposed of. In both cases verdicts for the
plaintiffs sieve given. In the first place fur 2491., and in the
second for 34,.13.
noccs v. HARRISON.
Mr. Sergeant tanning and Mr. Dodson conducted the cane
for the plaintiff, and Mr. Watson appeared for the defendant.
This was as action to recover the balance of an account for
goods sold and delivered. The plaintiff and defendant are
wine-merehants, the former carrying on business in Fenchurch-
street, and the latter in Fore-street. The plaintiff sold to the
defendant a quantity of cheap French wine, for which the sum
of 1601. 14e. 34. was agreed to be paid on delivery ; 1401. was
leaving a balance of 201. 14s. bd., for which the present
action was brought. The defendant had from time to time, and
us the hearing of witnesses, promised to pay the amount, sub-
ieqiently reliving to do so on the ground that the wine, which
is known as " Fparkling Burgundy," and which was sold him
at ils..6d. per dozen, exclusive of duty, was of an in ferior qsality, a
eireunsstanee which caused some merriment in Court, owing to
its extremely moderate price. A sample was also produced in
Court.

On the part of the defendant it was contended by the
Learned Cennsel (Mr. Watson) that the wine in question was
draalt!lby persons in warns climate., which, perhaps, was no
trivial cause of the mortality of many of the inhabitant* of those
clitnatee—that the species of wide, known as " Sparkling Bar-
tundy," was sold in large ipitntities,te the animals who attend
masquerades. The wine diti'not correspond with the sample
tasted by the defendants ; and the very fact of this being so, was
to warrant him in refusing to pay the amount whiob
the plaintiff claimed. The defendant wrote to the plaintiff
ttialling that the wine was so bad that be could not dispose of it,
and requesting Mr. Gouge to send for it, or he would sell the
trine.by aantion for whatever it would fetch.
On the put of the plaintiff, it was contended that the &gen-
last Ind sad ample opportunity of examining and satisfying
;jewel! of the- real quality of the wine. There 'weld be little
assubs the the whole of the wine was equal to the sample, that
to Via was intended, the bereaia being made in all fairness.
Verdict far the plaintiff., 26/.
OLIVES 11,, csainsrsa.L.

.1, • d. •
This wan an Lotion brought to recover the amount of a pro-
Watery note at two months' sight, given by the defendant
to the
.piaintillf for *goods sold and delivered. The
prAugVir i• intbiican and maltster in Worceatershire ; the
'toesidesia at thetime the debt was incurred, being a general
ittler• The-delendent, in a letter addresmed to the plaintit
*good Tour Tour unfortunate Creditor," admitted his liability to
pax the Anoint, but that at that time he was unable to do so,
Owing to his distressed circumstances. The counsel of the
Wends:it eonplained of the extreme hardship of bringing the
lase from Worcester to London for trial, the expense of
Irisgiag the witnesses to town being more than the amount of
he debt. Witnesses were called to prove the delivering of the
goods, and the:igneous of the promissory note.—Verdict for
the plaintiff,-251.

POLICE INTELLIGENCE.

BOW-STREET—(THIS DAY.)
A respectably-dressed young man, who gave his name as
.Heeshaw, were placed at the bar before Mr. Jardine,
Ji.orged with riding a horse furiously in the neighbourhood of
Cs Stand.
The ()Meer rotated that he maw the horse in question standing
3posite The Sun elle*, and he observed several persons
ivount the hors:, and gallop up and down the street. He saw
Use prisoner pt on the horse, and ride furiously up Welling.
tem-street, and hi then took him into custody.
The prisoner said he wanted to sell the horse to Mr. Young,
,',.cpeoprietor of The Son, and while he was waiting at The
~.mes face door for that gentleman, several newsboys rode the ;
twee ne and down the street.

PIIE MONSTER MEETING.-AN ACCU-
RATE REPORT of this Extraordinary Meeting will
appear in the February Number of COLBURN'S NEW
MONTHLY MAGAZINE.

Orders received by all Booksellers.

PROPERTY HAS ITS DUTIES AS WELL AS ITS

RIGHTS.
Just ready, in post Svo.,
T" "MONSTER" MISERY of IRELAND :
A PRACTICAL TREATISE ON
THE RELATION OP LANDLORD AND TENANT.
WITH SUGGESTIONS for LEGISLATIVE MEA-
SURES and the MANAGEMENT of LANDED PRO.
PERTY ; the RESULT of ABOVE THIRTY YEARS'
EXPERIENCE and STUDY on the SUBJECT.

____
JOHN WIGGINS, Esq., F.G.S.
English Agent to Estates in the South and North of Ireland.
Richard Bentley, New Burlington-street,
(Publisher in Ordinary to her Majesty).