The Sun.
London, England, 1844-01-08 00:00:00

IRELAND

STATE TRIALS-THE SPECIAL JURY.

On Saturday evening an express reached town,
giving an account of the proceedings on Friday, when
striking the jury in Dublin for the impending State
trials. The list chosen on the previous day was 48,
but from this number the Crown had the right to
strike off 12, and the traversers other 12. Ten of the
persons whose names were struck off by the Crown
are repealers, and, therefore, as the original number
of repealers on the list was but 12, two only remain
on the jury who are to try the traversers. The jury
will consist of the first 12 out of these 24 who answer
their names when the reduced list is called over in
Court.

DUBLIN, FRIDAY, FOUR P.M.
The parties concerned, for the Crown and the
tmversers, met to-day to reduce the list of 48 down
to 24. The Crown struck off 12-10 of whom are
Roman Catholics, and the greater number, it is said,
members of the Repeal Association. The agent for
the traversers also struck off 12, leaving the follow-
ing as the jury :-
1. James Hamilton, 14, Upper Ormond-quay, wine-merchan
2. James C. l'apworth, 101;, Marlborough-street, architect
3. Captain Edward Roper, 15, Eceles-street
4. Stephen Parker, 2, St. Andrew-street, pawnbroker
5. Edward Clarke, Esq., 128, Stephen's-green West
6. Benlimin Eaton, 8, Princes-street, builder
7. James Hamilton, 15, Chamber-street, ironmonger
8. Francis Faulkner, 78, Grafton-street, grocer and wine-
merchant
9. J. Croker, 46, North Great George's-street, wine-mer-
chant
10. Henry Flynn, 25, William-street, pianoforte-maker
11. Henry Thompson, 28, Eustace-street, wine-merchant
12. Anson Floyd, 19, Wellington-quay, china warehouse
13. John Rigby, 175, Great Brunswick-street, gun-maker
14. Robert Hanna, 12, Henry-street, wine-merchant
15. John Holmes, 10, William-street, merchant
16. William Lonfield, Esq., 19, Harcourt-street
17. William Orde, 79 and 81, Cork-street, tanner
18. Robert S. Stubbs, 3, Dame-street, linen-draper
19. William Scott, 42 and 44, Stafford-street, cabinet-maker
20. J. M'Cormack, jun., 16, Usher-street, wine-merchant
21. William M. Woodroofe, 50, Abbey-street, merchant
22. George Mitchell, 20, Lower Sackville-street, tobacconist
23. James Walker, 20, Suffolk-street, engraver
24. George Fowler, 4, Anglesea-street, wine-merchant.
The Mercantile Advertiser of this morning publishes
a liberal report of the proceedings, which are annexed:
The solicitors for the Crown and the traversers at-
tended at the office of the Clerk of the Crown this
morning, fur the purpose of reducing the list struck
yesterday. Mr. Steele and Mr. Barrett were also
present.
Mr. Bourne, addressing Mr. Steele, said—As you
appear one of the parties on the record, and appear in
person, I beg to say, if you have anything to offer, I
am quite ready to hear you. before proceeding with
the immediate business for which we have met here.
Mr. Steele—l do not intend, just now, to trouble
you ; but I beg to inform you that my attorney is pre-
sent, and under his guidance I am acting.
Mr. Mahony—Mr. Kemmis, I beg leave to say a
few words on a subject of vital importance to my
clients. I am prepared, Sir, with the affidavits of
the individuals concerned—some of whom are ready
to be produced—and who will prove that they were
entered on the jury list as qualified to serve as special
jurors, and have, notwithstanding, been omitted from
the special panel used on this occasion. It so hap-
pens, and very unfortunately, I think, that all these
mistakes have been committed on one side, and in the
present state of the country, I would ask, was such a
circumstance to be treated lightly ? These persons so
omitted, strangely enough, happen to be nearly all
of the Roman Catholic persuasion, and those who are
not are not considered hostile to them. It is a very
unhappy state of things. I now put it to the gentlemen
representing the Crown, as it is my duty so it is my
determination to pursue the matter to the last. I
offer proof that the list has not been fairly made
out ; and although I can hardly expect that Mr.
Kemmis will postpone further proceedings until the
mistakes are rectified, I will enter my protest against
it, and put it to him whether or not the subject is
worthy of deep attention.
Mr. Bourne—This question has already been pro•
pounded and decided, and I have no more power over
this panel than you. I cannot entertain the subject, and
I cannot see any use in stating facts here over which
I have no control whatever.
Mr. Kemmis observed that he could not entertain
the subject, and that there was nothing for them to
do but to proceed to reduce the list, and he could
not consent to anything but his immediate duty,
which was to reduce the list.
Mr. Mahony then handed the following protest to
Mr. I3ourne :
"COURT OF QUEEN'S BENCH, CROWN

SIDE.

" THE QUEEN V. DANIEL O'CONNELL AND OTHERS.
" I require you to take notice, that I do hereby
protest, on behalf of the traverser, John O'Connell,
Esq., against any further proceeding being taken in
striking a jury in this case. First, because the names
of a great number of persons qualified to be inserted
upon the special jury list, and whose right had been
allowed by the Recorder of the city of Dub-
lin, have been fraudulently and unjustly
omitted, or omitted from the special juror
list. Secondly, before you refused to receive evidence
to prove the above fact, although proof of the same
was in readiness and tendered
,to you. Thirdly, be-
cause the names of many persons are inserted in the
special juries' list who do not reside in the county of
the city of Dublin. Fourthly, because you refused
evidence of the said fact, although proof of the same
was in readiness and tendered to you. Fifthly, be-
cause several of the persons whose names were drawn
yesterday do not reside in the county of the city of
Dublin. For these reasons, in addition to those I
offered to you yesterday, and also to those given
to you in writing yesterday by Mr. Forde, I solemnly
protest against any further proceeding in striking a
jury in this case. Dated the sth day of January, 1844.
" PIERCE MAHONY, Attorney.

" To Walter Bourne, Esq., Clerk of the Peace.

Mr. Cantwell—l proceed for my client, under the
protest I mentioned yesterday.
Mr. Bourne—Well, then, we may now proceed.
119 r. Kemmis--I strike off No. 48 on the list—
Timothy Greens, of Capel-street, publican.
Mr. Cantwell—There is the first Papist going.
Mr. Bourne—You are aware, Mr. Cantwell, there
are but one set of objections which can be made on
the part of the defendants ; and I suppose you act
for all the defendants.

Mr. Cantwell—l am aware of them, Sir, and I sup-
pose on this occasion I will act for all the traversers.
I strike off 45—John Carolin, Government con-
tractor.

Mr. Kemmis—l strike off No. 26—Michael Dunn.
Mr. Cantwell—Another Roman.

Mr. Bourne—l don't know whether they are
" Romans" or not. The Crown, I suppose, has a
reason for striking them off, and I do not think this
is the place to make these remarke.
Mr. Cantwell—l strike off 41—John "White.
Mr. Kemmis—James Fallen.
Mr. Cantwell—Another Roman. I strike off Ro-
binson Carolin.

Mr. Kentnis—John Beaghan.
Mr. Cantwell—There's another. Strike off John
Thwaites, the soda man.
Mr. Kentnis—James Patrick Smith.
Mr. Cantwell—Another Catholic. I really think
that every Cornwall man should be informed the way
the Catholics of this country are respected here.
[Mr. Cantwell alluded to the speech of Lord Eliot,
made to the electors of that county on his re-election,
after being appointed to the Secretaryship of Ireland.]
I strike of John Irwin.
Mr. Kemmis—John Denman, of Abbey-street.
Mr. Cantwell—George Whittaker.
Mr. Kemmis—William Joseph Camen.
Mr. Cantwell—Another Catholic ;• I strike off
Robert C h =ley.
Mr. Kommis—Lawrence Gorman.
Mr. Cantwell—Another Roman Catholic; John
T. Boileau.
Mr. Kemmis—William Fitzpatrick.
Mr. Cantwell—Another Roman Catholic.
Mr. Kemmis—Nicholas Monserratt.
Mr. Kemmis—John M‘Gloin.
Mr. Cantwell—Another Catholic. George Wilson
Boileau.
Mr. Kemmis—William Hendrick.
Mr. Cantwell—Another Roman.
Saint George.
Mr. Kammis—William Ring.
Mr. Kemmis—John Puegloin.
Mr. Cantwell—Another Roman. James Cuff.
Mr. Cantwell—He is supposed to be Liberal, and
theret'ore next to a Catholic. I strike off John Fry.
This reduced the list to 24 names.
Mr. Mahony—We might have reduced this list
yesterday by striking off at once all the Catholics.
Mr. Bourne--Surely you might strike off whom
you pleased from the other side.
Mr. Mahony—As the High Sheriff is now present,
I beg to repeat all I said in his absence. We freely
admit that neither Mr. Latouche nor Mr. Dickenson
knew anything of the " accidents" of which we have
to complain ; and I will further add, that their con-
duct has been extremely handsome, and just to both
parties.
The High Sheriff—With respect to my conduct I
have only to say that I gave written directions in my
office that all parties should have the utmost facility,
which were posted up, provided each party agreed. I
did this on the ground that I conceived one party
should have no advantage over the other. I do not
feel surprised at being subject to some misapprehen-
sion at this particular time, but I have a conscien-
tious conviction that I have done what is right in my
office, and I shall always be satisfied with the mode
of doing business when I feel in my heart that it is
done with strict justice and impartiality towards all
parties.

James Cuff

Mr. Mahony—lt was my duty to complain of con.
duct somewhere which is calculated to prejudice the
case of my client. It is also my duty to do justice
to the conduct of the High Sheriff; paid, Sir, as you
have acted all through with justice am 3 impartiality, I