The Sun.
London, England, 1844-05-30 00:00:00

TIIE STATE TRIALS.

--•-
DUBLIN, TUESDAY EYENINCI.k.
The Judges having taken their seats at eleven osel°4l,
The SOLICITOR-GENERAL TOSS and said—ln this ee-:1,
it was not necessary for him to trespass upon thhei„
Lordships at any great length; for, notwithstanding
time occupied in the discussion of that motion, the in-
genuity and the labour which was displayed in suPd:
port of it—with great respect to his Learned Fria
Sir Colman O'Loghlen—he might be allowed to _rein
that many of the propositions which had beci,
laid down, the observations made, and the authoiriA,
ties he cited, were, in his bumble judgment, wb„,°,::y
inapplicable to the motion before the Court. .41:11--,
was a motion for their Lordships to take " "ej
strong step of arresting the judgment, upon the gr°l/-co
that no indictable offence was declared upon the `.fa
n'
of the indictment. When that motion was first
o.
nounced he owned be felt somewhat curious to ke
what were the grounds upon which their Lo be
would be called upon to arrest the judgment, an°,3
was still more surprised at some of the arguments ottn-te
in support of the motion. He did not mean to disfstaito
this proposition—that, looking-at the indictment, if
Court saw—notwithstanding the verdict of the jar) if
that no crime had been committed, it would be not ono
the right, but the duty of the Court, not to peon,°, „
1111
judgment upon that record. Therefore he show," f
not question the right of the parties as to the tnn,°e
making that motion. The two main grounds re In
upon were—first, the caption; and, secondly, the,,,,let
dictment itself. With respect to the first, he th°"ie
he should not be obliged to occupy much time „i
disproving it. He did not think the Cosmos
Counsel trusted very much to that ground., it
the only authority he cited in favour („°`
was the " Queen v. Dan," in Moody's Crown
page 224. With respect to that case, what was said
the Learned Judge on the subject was extra-judieiV ago
point of fact no such application was made to the d
as that anything should be set aside, or judgment stsetie
by reason of any objection as to the form of indictillimfe of
but there was a plea autrefois acquit, on the res-ii'ree•
which the Judge wished to consult his learned breter-ibe
Hs (the Solicitor-General) then read the decision el dg.
Court in that case, which was to the effect that Jti he
ment should be given upon the indictment. 1421 v an,
thought this was sufficient to dispose of the got
thority of the Queen v. Dan ; it really d'," dice
rule the case at all. Next, with respect to the
nd to
ment and the conviction. The indictment was 'trail
be found upon the oath and affirmation of the tes
whe tried the case, and their names were given; bt,"pr
question raised was, which of the jurors were sw°P"ere
which of them affirmed, or whether any of them Ong
sworn at all. He maintained that this was the llice
form of proceeding, according to the rules and Prg.or
of the Court. Their Lordships would find in 9 Camel
ton and Payne, page 78, at Worcester Assizes,
after the passing of the act authorising Quakers and
'-
ravians to be affirmed, Josiah King was called.
CHIEF JUSTICE—What is the name of that case 'gels
The SOLICITOR-GENERAL—It was not a case.
_,ter
circumstance occurred at the opening of the worcr„,f,
Assizes. Josiah King was called upon the gran:!rers,
and he being one of the Society of Friends, or 4259-001(1
Baron Alderson directed that all indictments sil•noa
commence—" The jurors for our Lady the Queenjliee
their oath and affirmation present and say" so and to
the very form pursued in this case. He next ref r 7,110
" Dixon'a Quarter Sessions,"page 179, in which the_
of an indictment where a Quaker or Moravian wer°(eis
the jury was set out, and in this instance thefitle
Crown) had adopted that form in the composition of the
record—or rather the officer had adopted it in the rt the
Judge PERRIN—There was a motion in Court °P
subject. tlist
The SOLICITOR-GENERAL—There was, and on
motion it was declared that it was not necessary 0b'71,40 tor
the jurors in the caption. Their Lordships, in
receive the objection; must alter the rules and"; o'
practice of Court. If it is to be received, they
say which juror was sworn and which affirtned'oire/i
regular form of the rules of the Court must be en
altered if their Lordships wanted to let in the love
It was never intended by the Legislature to `rho
exactly stated on every record what the roan gasoo°4
acted as a juror. To comply with this part of tbefiker,:i
they should put upon the _record who was a (Vile ne's
Moravian—a thing never intended to be done.
_,et tbs
came to the indictment itself, and he doubted ,P. Ces
the objections would be found wholly untenabtenoitld
tainly the case had been argued with great ing.ton con
with great care and ability—and if any objec,itiwofer-,.,
be found to the indictment, it would have been "'The a-t,,
by the Learned Counsel who argued the case. jadiebe
ground of objection was to the first count in Ply (td,
ment, and that was the ground of duplicity
sition sot
solicitor-General) did not dispute the pr"Pf diffore,,o
vanced, that two several crimes committed at airot trio
times could not be included in a single count aS,LArge§4
individuals—they could not mix up a number' otleare,
the same count, and to do this was what the,esotell'a
Counsel called " duplicity." He did not questionA_Le"
ness of this proposition thus laid down, but I,;erge 0:19t
remind them that a count might contain one C.'"fronit'be
overt acts to prove it. He read an
Chitty on Criminal Law, page 169, which IT.OOt
general rule. The passage was to the effee'o, sefeol
count of an indictment could not IniX 50:C„,13
offences, but it might set forth one offence anbod
overt acts to establish it. That opini°,ll,leneoe°lo
extrac.towea
ove
followed by Lord Kenyon and Lord -0". , of ado
and was considered the established practicctio ai
Court. If their Lordships received the obit_ fraieeos
on this point, they would be called upon
tilos Of i‘es
indictment which would entirely alter the Archp 1,8
Court. Sir Colman O'Loghlen cited page 53 re uk; nctrol
Criminal Law, to show that an indictment
.o_o sere 0
double, and that a count could not contain tr,essoo!,o4
charges against two persons. This stood to
_!ni,eale,,b,
because each charge might bear a different P..utich 00 vot,
but in a further passage Archbold said that, Hof
jection could not be a subject for arresting te]tJefid
but might lie used on an application for a wr'eol
That very authority Sir Colman O'Loghlen he f,earticed
self, but he omitted the latter passage. ado&
Solicitor having replied to all the olijectionresof
in support of the motion, concluded by ofteroblotio,
opinion that those objections were wholly IT thole, to.
Mr. M'DONOUGH next spoke in support 00'
and when he concluded, the Court adjourne"
rl to.
morrow morning. ceo
The Attorney-General will close for the
morrow morning. Should the Court
the sentence will not be passed,
Thursday. r, Wl3ll'
AFFIDAVIT OF MR. O'CONNEL--'
P`'
ERROR. ell ar,gatif
/Wenn are to
HALF 'PAST FOUR o'Ceocn,—Mr. en 4;00
in court this day for the purpose of mattl"lePioten'_' e.
it is thonv
The affidavit, ee understand, states_ nw,le
apply for a writ of error, believing that
grounds for doing so. jot
to
R-Nsvlcl dificw of
LAMENTABLE ACCIDENT ON hie
all
ln
belonging Saturday
Keswick,las t
too fouur
ar sspaeac_toanwill
bleb
brigp.„.7lo s
Lake, to Lodore, in a pleasure-boat, ,e at 1" aece,
ni
There were several other boats on the tin"'
jodoef:.et tve
time. On their return down the lake farowitot
a mile distant from that place,
Iprrtn
sudden most violent gusts, when
alines to ~
proved unusually changeable of latttielhe, vbeoersetd,btebeiaoro.steatiolltolyr
manageable, and all the sails being ul';,cre able it. et4o(
swamped, and sunk before the partvyvote
°` mare leg
toari shiftettelri
se, sails,
aarnrdowth. three
soef, tish,ehmo t h h
his mansion was a witness to the sinkingoa...r,o_isedcitibra°ll)(i°jo:l:llo,o'l:l:::
mediately ordered out his own boat'
wEauves w.el
bolo
the
wind was blowing hard, and b
high, rowed towards the where p p_r trkrlcl._ri.:
fourth individual, and picked down, and in the vicinity
ls drownee,
a:oler to11
to sink. The three individua Bicb
I: _der! to
ton, tallow-chandler; and Mr. au
6inn, ice'cries "6
William Dixon, of Keswick, drafsette_,:l3'anes,,gu: .Psot
leaodcfeh him thenp
Mr. Hudson, of the Royal the bed 015
seven o'clock on Monday morning tote do
been found. fa oat. e,
Canadis„s,ol.llooe
crown 311% iiis 11.
Pere.,_d_iconnte:rl;tiontir„reilitiWite
SirSCllt. Metcalfe ti‘calElfTechAaLsr:Ce—nic,peetrarted urn rolbjc pce a
11 bore tut' opera ft'l ice,
the disease ee a opinions
e was
coat'
titrhael.yo
terdaY
Dispatches were sent off Yes c oibr
overnor oh
th e lousysubsequentwas doing
cf:vu et
e i zati n , with the evemieg '
Colonial-office, for the G

:-'.--

~i

QlJtEl
toles Cl
,ev•
Linst, Ing
Ll', with
if,nts,whou
E:fh,! defen
elicllien if
kard only
6,;:r horn

*ll, i'

46t