The Sun.
London, England, 1844-01-06 00:00:00

IRELAND.
ST.I TIT TnT k --T7.7: SPECIAL JURY.
:aN. A 4, procc3. of striking the special jury
's? ?proceeded with at 12 o'clock to-day in the Crown-office,
to which, with a very few exceptions, none were admitted but
those immediately interested. There were present, on the
part of the Crown, Mr. Brewster, Queen's Counsel ; Mr.
Smiley, and Mr. Kemmis, also Mr. Kemmis, the Crown
solicitor ; and, on the part of the traversers, Mr. Whiteside,
Queen's Counsel; Mr. Close, Sir C. O'Loghlen (of counsel),
and Messrs. Mahony, Ford, and Cantwell, attorneys.
A protest was in the first instance handed in on behalf of the
traversers against the panel generally, upon the ground that
the names of a number of persons properly qualified to serve as
aPecial jurors, including the names of 16 Roman Catholics,
had not been placed upon it.
The cards, which were numbered according the list, in all
717, having been counted, were put into a box and shaken up,
according to the terms of the 25th section of the 3d and 4th
William IV. The business of shaking having been several
times repeated, at the iequest of one of the agents for the
traverser!, the Clerk of the Crown, in conformity with the
same section of the Act, proceeded to draw out 48 of the
said numbers, and to check them with the numbers and names
in the list.
that
The first number was 59 and the name corresponding to it
of 111 r. J. Behan, of Bridge-street, merchant ; the next
that of Mr. G. W. Boileau, of 87, Bride-street, druggist (a
Conservative).
Ale WHITESIDE objected to his name being put upon the
reduced list of 48, on the ground of non-residence, upon which
a discussion arose,---
or Aalnry. BOURNE denying that he had any option in the matter,
was his duty
to decide that question, and contending that it
-WY Merely to draw the numbers, those numbers eor-
repondin
costing with the Sheriff's list, over which he had of course
no
Mr. WHITESIDE, on the other hand, maintained that it was
the officer's duty to receive proof of the objection now made,
and to set aside that name if the proof were sufficient, and
ton-residence a disqualifying ground, which it certainly was
bof his y the terms of the Act. The Learned Gentleman, in support
position, quoted the 25th section, wherein it is stated,
his
bee isiatitato y
triilfeee the time of reading any name either party or
shall object that the man whose name shall have
bn so referred to is in any measure incapacitated from serv-
ing on the said jury, and shall also then and there prove the
salne to the satisfaction of the said officer, such name shall be
acide, and the said officer shall instead thereof draw out of
tee Said box another number, and shall in like manner refer to
the corresponding number in the said list, &c." If a man
rwereall put down in the list as residingin Dublin, and that he
AirYee'ided in Cork, he (Mr. Whiteside) wished to know if
would feel himself authorised, under that section
f
diked list °f 4g?
° the Act *
4PBtrliament, to insert that man's name on the re-
p olVtr.)l3"nicE was of opinion that the question did not come
eerrilibeerlY before him at all, and that his duty was circum-
e4rVs he had already stated.
iectios'ntsveree contended (for the Crown), that if. the oh-
Alis fir:l°re one which would have been sufficient to disqualify
raised —fs'Nl from serving as a special juror, the place to have
been ~;'!'s question, and the only place it could properly have
events Ist' was before the Recorder. He did not, at all
secti agl'ee with Mr. Whiteside's construction of the 25th
Alan°ll of the Act, the words of that section being, that the
Must be incapacitated," and not misdescribed. The
officer Gentleman was, therefore, now calling upon the
to revise the Recorder's decision.
to Ceoss contended that they had had no earlier_oppor-
elg of making the present objection.
at.r. Bourtee—Yes at the registry.
Mr.
CLOSE said, that' there was no registry in the case of
ti?eial jurors ; that the Sheriff constituted the list ; that they
(the traversers) had been nor party to it ; and that they could
not have objected to it before, as no question was allowed to be
De
!aisded before the Sheriff. He argued that the officer would not
tication.iseharging his duty if he refused to take proof as to quali-
After some further discussion nearly to the same effect,
Mr. Bou
gly placed upon the list.
eordin placed refused to set aside the name, which was ac-
The next name was that of Mr. B. L. Guiness, brewer,
which
grand was set aside on the objection that he was one of the
Mr. jury who foWHITESIDE rd the bill.
dente of incapae
cit emarking, that here the officer took evi-
On the name n, it in the case of Sir. Boileau.
ironmonger, being drawn, Hamilton, of Chambers-street,
Air. WHITESIDE said he could prove that there was no such
person residing in Chambers-street. The officer had already
decided that a person having a house, although not residing in was sufficient to qualify him to serve as a special juror ; but
slhere he (Sir. Whiteside) could show hy evidence that there
was DO such person having a house in the street at all.
A,
Ir• BREWSTER objected to any such evidence.
'
llr WIIITFSIDE referred again to the Act of Parliament to
,""' that the 'officer ought not to put upon the list the name of
-person in any de;decree incapacitated.
of thst BREWSTER—'Yes, incapacitated; but there is no proof
asitifie names of Mr. T. Farrell and Sir E. Borough were set
teate
of
the officer, on its being alleged that they were magis-
bd
ra
att:nr
s of the borough.
,the name of James Fallon, described as of 71, Stoney-
being announced as corresponding with a number
ir• 13aEsyseee. called upon the officer to set it aside, Mr.
lon being, he said, disqualified as a town-councillor, ac-
eotting to the 180th clause of the Corporation Act.
VVHITESIDE called upon Mr. Brewster to prove that
01_._r. Fallon was a town-councillor. BREWSTER offered to prove it by an affidavit, to which
e_onir. WHITESIDE objected, contending that the only proper
Prloitrof the fact would be the books of the Corporation.
of i 134twsTER maintained, that the officer had the power
Sot t'yvevl v igating
in
this as in other eases, upon affidavit and
had not
the officer the
ece examination, which he conceived the officer
,ira cll.ed
newer to do He now tendered this affidavit to
consider ulson'him to receive it. Whether he would
anticipate. sufficient it was not for him (Mr. Brewster) to
Ay. BOURNE having expressed his readiness to hear the affi-
davit read,
WHITESIDE objected, because it was only the original
affidavit, and because it had not been filed, and an attested
copy‘r
fete obtained in the usual way. Flourne, therefore, put the affidavit on the file and suf-
i e to be read by Mr. Brewster.
Mr. Wneresine. objecting-, on the ground that an attested
Cope should have been first obtained.
the affidavit was that of Mr. G. Thorpe, a town-councillor,
Suing forth his frequent attendance at the City Assembly-
:se, and enumerating the names of several other town-
heulkra, amonst which was that of Mr. J. Fallon, whom
described as residing at Nos. 10 and 11, Stoneybat ter: .
de ie:discreparsy between the number of Mr. Fallon 's ceee'n the Sheriff's list and that given in the above de-
re%elsi,'"°n having been noticed by Mr. Whiteside, and ad-
,ed t 0 be fatal by Mr. Brewster, the name was inserted
jaiire list, the objection on the part of the Crown, of course,
cesnnegd.to the ground, as far as the officer's decision was con-
ks.
eallon is reported to be a Repealer.
Cain following are the rest of the list of 48 :—Messrs. R.
iette,l4T, builder ; J. Fry, coach-trimming manufacturer (ob.-
(bar, traversers for non-residence) ;W. Hendrick, mer-
41teis-;„,w- Fitzpatrick, grocer (objected to as being a town-
lea e• °r) ; Henry Flinn, pianoforte-iraker ;* Henry Thomp-
tide "I'm-merchant ; Michael Dunne, brazier; Anson Floyd,
1),.4 taerchant ; N. W. Montserrat, wine-merchant; John
ble",,lns an, wine cooper • John Rigby, gun-maker ; Robert
take-r"at merchant • John' Holmes, merchant; George Whit.
bee,
Robert Cha'roley, merchant; William Longfield; Wil-
liee„,„'rr, turner ; W. J. Cainen, jeweller ; R. S. Stubbs,
eabiZeaPer ' Joseph APCormick, merchant ; William Scott,
iner•ji'inal:er ; John White, seedsman ; W. Al. Wo,idroofe,
c's n,t; G. Mitchell, tobacconist ; J. Waller, engrayer. ;
groe••wi,,,in builder • G. Fowler, merchant ; J. APCloin,
Q:i. Green, publican; J. Hamilton, wine-merchant ;
Brnith 41,ant grocer ; J. T. Boileau, wine-merchant ; J. P.
14°Per; %I%tatudent ; J. C. Papworth, architect ; Captain
„,00rge • i'arker, pawnbroker ; W. Ring, hosierb;
.J C
reerchant • E Clarke ; B. Eaton, udder ; J.
Iline,e;rnel'ehs.o.dawater'-maker • J. Irwin, D.L. ; J. Falkner,
of
the sidence
'teem chant , and J. Croker, wholesale merchant.
nonsee • of the above were objected to on the ground of
in their respective places of business, and out
the est rr.dtleed list of 48, 11 were Repealers. To-morrow
and is, be further reduced to 24 names, the Crown
strikin e traversers having, by the statute, the privilege of
whit h gth af 12 names each, leaving 24 on the panel, from
Su e
,itury who are to try the parties are to be selected.
is.;''MPT TO SWAMP THE JURY PANEL."
Ao 's the headiu under which the Freeman of this morn-
zlvae;„s-7:s before its: readers the narrative of an attempt to
selectedr "Y a discreditable ruse, the panel from which is to be
a jury to try theState'traversers. If this statement
tulle f°nnded—and unfortunately there is reason to believe
tit is not and
groundless—it can only be said that the
effects authors of the ruse have very much mistaken its probable
iteputsattioSubjoined is a portion of the article alluded to. The
veeee „ n that the scheme was in any degree by the conni-
persons in office is, of course, absurd :
lee, ;41) the evening of Tuesday last a number of busy emissa-
Were in the Tory party, and we believe most firmly that they
subordtnstructed by the Irish Government or by some of its
pose Inates, went about the city in the twilight, for the pur-
e,. of entrapping credulous Liberals, and thus endeavour-
esss to serve the purposes of the Government,'
by excluding
;:elti from the special panel. The paper, which was carried
i:tind for signature, purported to be a requisition to the
thtd Mayor, calling upon him to convene a meeting of
itie citizens, to enter their protest against the approach-
ing State trials as illegal. The paper on which the sig-
t4 ta were written had a fabricated similarity to that
leg t'l the Corn Exchange. The written portion, purport-
a vet O set forth the objects of the suggested meeting, was
erehisi good imitation of the manuscript of some of the
a;",.e! of the Repeal Association, and the creatures who
leg:tedet round were very free in their use of the names of
aespit:iiiial parties among the Repealers, as a means of lulling
rink, °, and of more successfully accomplishing their infa-
aoeiatplds. They asked for signatures in the name of the As-
Itiel" hose parties avowed that they were engaged and
parties or that special purpose, and it is known that disreputable
tisser,ebave been otherwise employed too. It has been freely
by the party, who manifest inexpressible anxiety for a
.itiror.,,e"°n, that ever'y Catholic on the balloted lis.t of special
be s would be objected to, and that thus a conviction would
silr,Oeurese
All the gentlemen who were applied to for eigna-
-4,2,1 Were of known liberal sentiments, and'nostly.of the Ca-
liquledepnerseu.asion. And now let us explain how this pieceh of
r
kee chicanery was hoped to be made available,
b linfin.;nt
tebe-
Prose, ,tie objects of those whose fortunes are
.ount up
Olsen-4'l°ns, and whose official and political existence depend
special conviction of the " conspirators." Every man on the
have e i‘try may be objected to, for cause, who is. known
.to
Of tk ''pressed any decided opinion upon the policy or legality
ititeuse: tate trials ; but every man who has been entrapped
iedi
,Ignlng this paper has of course, pledged himself that the
therefore%Mt is impolitic and unjust. The presumed effect,
1410 has'
of this act of shameful chicane is to render those
taLve signed the iaaper ineligible to serve as special jurors.
obe,'uen, the depth of this baseness. Catholics dare not be
tequ4t7 lo because they are Catholics, but this surreptitio.us
eeeet, nni to the Lord Mayor may be made as an engine quite
tve for , and yet the brazen front of impartiality
rass! nirii lowered •
ihy objected
to on the same account."

M0m........./...,,,A...../IMMINIMINININ=I
frik" LEAGUE FUND.---MEETING AT BURY.— A
,e.trad
11,11 th e meeting was, on Thursday evening, held at Bury,
k,ll th ;las attended by many of the most influential gentlemen
%r. ;peaky, including Mr. Walker, M. r. for the borough.
ill
.r,ight and Colonel Thompson attended as a deputation
thdoll League. After able addresses from Mr. Walker,
ii CI Thompson, and Mr. Bright, resolutions in favour of
t,tl :_aflue were passed by acclamation. An active subscrip
tit 1 :i',.!pier, entered into, and it was announced that upwards
A ►120,. had been contributed by Bury,
Nl•4l:34belf; about six inches from the shop window of
qa •C. Akester, chemist, &c., St. James's-street, Hull,
I's bee hi 4 •
in to the depth of a quarter of an inch at least.
tliDiBr,hB been occasioned, no doubt, by the rays of the sun
tictillig upon one of the large globular show glasses in the
4W
kc, , and thence passing through to the shelf in question.
Itlittrt this been timely observed by Mr. A., it might ulti-
Y have led to a conflagration. —Hull Advertiser.