The Sun.
London, England, 1844-05-27 00:00:00

THE STATE TRIALS.
(Front a Third Edition of the Times.)
We subjoin a lengthy abstract of proceedings in the Court
of Queen's Bench, Dublin, yesterday, of which a summary
only appears in our Second Edition.
Our dispatch left Kingstown last evening at half-past seven
"k, and reached our office at half-past twelve o'clock
to-day.
- The Judges took their seats on the bench this morning
shortly after 11 o'clock, having been in consultation for sonic
me previously.
The Court at this time was much crowded, particularly by
Members of the bar, who seemed to take great interest its
their Lordships' judgments. The principal counsel for the
Crown and traversers, and amongst the latter Messrs. Shell
..
and Pigot, were present during the day.
The Court being divided,
Mr. Justice 'PERRIN, as junior of
Inepuisee.members of the Court, first delivered his judgment-
!laving stated the general character of the prosecution, the
several charges of the indictment, the verdict and the object
''ll' the motion, he went through the grounds, twelve
benumber, on which the verdict was sought to
set aside and a new trial As regarded two
of the traversers, he granted.
was of opinion that the motion should be
elPlied with. Several of the speeches of Mr. O'Connell, as
they appeared in the Freeman's Journal and Pilot, had been
submitted to the jury as having been made by bins, although
ho other evidence had been given that they were actually
spoken than the fact of their having thus appeared and been
published
'''''•-•., the traversers,‘ Messrs. Gray and Barrett
iiln so submitting them Mr. Justice Perrin thought the Court
Waiettolisdirectedthe jury. He also conceived that the charge
read
t o f his judgmen ,
respect to Mr. Tierney had not been sufficiently precise
es
"4 that, therefore, there should be a new trial. This is the
t
which it may be well to state before
°tieing it a little more in detail. '
The first objection was no proof of the eom-
b,issio was, that there
cit., 4 " anY- overt act of conspiracy in the county of the
Papers 4 of Dublin. The answer to it was, that the news-
char ged as er
fished there ol acts were proved
to have been pub-
'
Second. ,
the-panel. It was said that Mr. Rigby's name was not on
Panelled '
~ liut he was known, and summoned, and em-
Rigby,
~7 he
name of John Rigby, and not of John Jason
and ---". At the dMoreover he as so by the consent of the Crown.
- w
Third. ./t, 7.re. of the traversers. -
tended. in ; " objected that the term had been ex-
this - "'waot authorised by the statute. But although
question app---the dthe sers' counsel
declined' t.. ed on recor-, traver
the ° argne the subject, or make formal objection when
v application was made by the Crown.
misted t• was objected that
fturtblY•lt - the jury had been per-
daiibe separate every night, but this was done with the
con rate consent of the traversers, and was the necessary
se.
i• done of the length of the trial.
4 thly. It
was said that the jury list had been fraudulently
ealt with • - f the traversers. This the
Lea, to the prejudice o
1 -"e4 Judge thought was ground of challenge and of chal-
"ge only
Th s•
aed• " Sixth objection was to the admission of the ballad sold
n,_
ape ',Quieted at Mullaglimast when Mr. O'Connell was
tri4king• Ili had given his opinion on this subject at the
her' aod by that he was prepared to abide, that opinion
tia, that it was, admissible evidence.
ti be
.SeN*enth objection came under the head of misdiree-
„ scais to the jury. In answer to this the Learned Justice
u`ated t - art he substance of the charge which, in his opinion, con-
hila ,_ .a
proper direction in point of law. In the course of
th_ °user sensations he said, that to conspire to effect changes in
e law
to
__ by force was a conspiracy to levy war. To conspire
csen;ect. those changes by intimidation, consequent on the
PLAY of f • and 1 • to the
eon. , orce, was a crime second, on l}• second,
"'Pray to'le
that
levy war.
radd,TL Y• As one part of the alleged misdirection it was
in
the ebnt because there was neither secrecy nor treachery
kblieetederacy,Therefore there was no conspiracy. But the
of theilY,wilich was so ostentatiously used was itself evidencete
'abject', intimidation by the display of force. Display was. the
of this e Flawing of inspiring terror, and the non-existence
of B.4°jest was certainly not proved by showing the absence
Court
eve its' • the Ninth place it was objected that the .
ed do ()Pillion on the facts: They did SO, and many judges
rom. aar,.Bo, and.all had a right to do so if they thought.
'44 his
~,..‘ He (Judge Perrin) was not in the habit of doing so,
oil aah.,esto
1 e., rtowas not a rule for others, still less a ground
' Were ,-.....,4 should set aside the verdict. The jury
.•
them. ier'"2lY _.told that the questions of fact were for
hoc been -0 decide, but they were not controlled ; they had
LeAreaanlialed, nor was it charged that they had. The
etijki• -.'.odge then dame at this stage of the argitment te the
Lis 'u toe 1,,._,
dc..- which had weight with him to induce him to give
O'es-siii,ent for settin aside the verdict as regarded Mr.
opt pro l' It was that the speeches of Mr. O'Connell were
Itleis''''d to be 'his by putting in as evidence the news-
to te,semitaining them, or what puKportedto be his speecthetse.
ea'aght that the declaration, required by the sta u
'r ar,:), transmitted to the Stamp-office, with a copy
Of etc 'Publication was 'sufficient evidence for all purposes
or that publication', not only to affect Mr. Barrett
snbY theil:',..GraY: but all persons who could be effected
"" be . 'eta. lie thought also that the speeches thus proved
Grasp. M those papers were evidence against Barrett and
sgaqatm acts of theirs in furtherance of the conspiracy,. and
!thins; 0, is
as their acts ; but they were not evidence
Peto",,_""Connell as O'Connell's speeches. The charge of
J,ory, to this the jury had not pointed the • attention of the
4",1e, e",n,"ns distinction, and so far he thought it was defee-
'erh,,s'' the 'speeches were read and commented upon, as if
~.1t.w..-' been spoken by Mr. O'Connell.
ao ths; !aid, that it was now too late to. make nr to enter-
li.pt be; oujoctioh, but he thought, although the objection had
Lot ~,oluaade by counsel when the charge was delivered,
..14,,Ve',-. should not allow..a .verdict to stand which might
*Mt • 31 consequent merely on this misdirection.
Nu:la—
as said, and he thought truly said, that the case was
kters, ,ithout thiaevidence. Still in a civil case, if evidence
. ‘,oortwlntt\"rolierly received_ after . formal objection, the
le' 0,-`1 set the verdict aside, without regard to the ten-
Ti-,,em,.,cac of the other evidence, however strong or
110 161,-'we• Y,He thought in this case the same course
i.,_ms oh Pursued,. Pursued .for 31r. O'Connell had substantially made
-"artble-ecti°ll in 'his' speech to the jury. The first duty of the
rest it: as to endeavour to avoid error, their second to coro-t
I,oteiiniut it was next objected that the Court had ni
`leelZi'Y dwelt on the evidence for the defence. 3, r.
teasars, -ell's speeches of 17619 and 1810 shoWed, if it were 'le-
i:Pa' ',rat he was sincere ; but no one denied that. It was
'd ic,.,:uat'the people were obedient and peaceable ; but this
knee •-'• disprove .the conspiracy ; on the contrary, it
km 6icl that Mr. O'Connell could keep them well in hand,
klrti
_oill skill (Judge Perrin's) mind that it might be a
„:e lee," 'um conspiracy to intimidate by physical force.
, Tier:Point he should notice was connected with the case
~'"etoh;e. Y• He had not joined the conspiracy till the 3d of
'24 4,-,,' and on that day he handed in money, and matte a
'mi.._ rie-t:tnirehensible speech, most unbecoming his sacred
racy, Jillt he might not on that day have joined the con-
)7la ask',have known of its existence. The jury should have
Arileeeissad if lie did, because coincidence of sentiment did not
astooY prove conspiracy,and in that respect the charge
to ~, e
duty
el- bar ague and general. Indeed it was the Judge's .
el- to tee_ warned the jury, that unless they were satisfied
air '"'.eXiste
to b:arispir nce ot confederaca
~ (14.,_acY was a fact to be foun , no yd
t an inference
IP-• "u• I d ' the charge that there
11 4 e,, t was state in
Atilt , us coincidence between the. subjects of Mr.
No 3'l speechandthose of the repeal cards; but that was
ae stall)
.. body
egai , roof of membership with a which
was not
:ant tjin 1 e did not think there was .any evidence to war-
,_-oatteo `,,,,alference th t that speech had been made in had
confider a did he believe that this point had
alliti:°PerlY leftaeY•itill° ther On these grounds, in his
41 I"ht verdict‘`
jury.set
ais r, jn ought to be side.
-"bent b'stica Caaurros followed and read an elaborate judg-
446eaii gverY-Pe• t h hdb n discussed. He was not
. oet - With in tat a been discus
Ti
rne
He would
"to sq.
ti. r the verdict as
.M ..11 Y
lei hopeee.,e had been misdirection, e but' he thought
art, Speech that the jury would have acquitted. him.
--'s it •„;,,,was criminal and seditious, but he might have
toy- Were'"iiOnt knowing of any conspiracy. If a nolle pro-
,. te„, ~ moved as to him, he would refuse the motion
4,7,0 f 'eOn`rlai, bid if that was not done, he would, regard-
aire,ioidisequeuces to the public, do justice to the indivi-
tat of awegrant a new trial to him, though it should have the
'min rdi - • 1 But the newspapers con-
thoh g St, fu og a new trial to all.
C ton
ee 'tilt ..' ''.Ponnell's speeches, were he (Judge ramp. )
_,etl• lio— much evidence against him as if he had written
-di -e of them.-read without objection
the eY had ~ They had been
-ath - b half of the other traversers,
by ... het f ... ea on e
4,1.7, phut °f Mr O'Connell— they had been commentedon
li„,, 'been ati',2cluding Mr. O'Connell. The Solicitor-General
the (104 Ltered to observe on them, and the Chief Justice
ain°aßht 41`) Without objection. But, independent of this, he
sta•;sly proevt.° evidence, because the conspiracy had been pro-
f sv eldi, and.even; if every speech or fact therein stated
eic'ash ible fn e' held that Mr. O'Connell was plainly.
it 1„.„74 het,:r them, it having been shown that a conspiracy
io e-'"in the''kee him and the, publisher at, the time. 11e put
a ttirtalo &woad ground that an act done by one conspirator
Itp,.. 1.101...-
~c of
th bject, rendered the co-conspi-
trw,J4l res . e common o . .
eia,, ve tbcr'iosible for that act as if it were their own; but
or • the assumption that conspiracy previously. existed,
hon hit ('ease,, fell to . the ground. In ..the course
foil' in tcaervations, which occupied nearly four.
ii 414,144 delive
L._ ry, the Learned Judge made some very
atollteared er:nsr"s. on the nature of the Repeal Association. It
t 4 °lt. gaid.l94 evidence to be a most anomalous, he had
itiLli)ody maligerous, body. It affected to he a .volun-
it , iti, , rePresenting the public mind of Ireland ;
1 l'ili(V. • `.1.e4411.7 its and its foreign supplies.;
44,r it *Ls. t revenpes,. .
, i„
,itlatils staff '
• aaid millions in its service; it had its
ret4iiiutenta of officials ;it carried on its proceedings in
eroe,..-AiffereorY r°1111; it had its debates,. perhaps without
it 4 Gove""- -of Qpinion; it sat .in judgment on the
44.,...44%.,64 rninent, and indiViduals üblic and private ;
N b,,,,,'' aa4oe, iglir...,, "SeSt granted' supplies, had its mere-
it Rae-Pies n.,7-, :wardens, and pacificatory ; and thus, in
dial 12poZeirearing 'all ' the appearance of sovereignty,
verw4ed to re.i.' -not to.gee in-it, the elements of a body well
it. 4,11, Ireland, 'eve
._, the n :.
e.o.yernment frosts any trouble in go-
lattao,aiey-proi: "mold there be. any, sudden emergency for
1111441,11!ut to-trd loyalty, but that principle was not alone
* e 4; ''' 1).1.1!°14, but to the throne and office of-the
be
it•ilastlcatittyrov• :
. should
tids 1/4tl. oft ev.,,,,- -- vias-Of .6pinion that the motion
n Vieive7.4 P°lnt .to all the traversers. He t?ok
htl, a 44 1444., respecting the majority of the °bee-
e4. could „,tuasn . held ,by the. judges preceding him,
if eediui , j- Heir agree' with them as to the propriety of
41' h • a l' 1' ' •
this e said, anxio withria to Mr. . Tierney,
,although he
tnBtrillt coincide trial`
ndeavoured to make his wishes on
. exeLtia b
, nsio bet... 11 found . '
-.,7 0.0 akeeib• bi
majesty'sgstabf the count of. creating
c't opihlngkto do htr ects, and he did not see
24
.__•our; aiio.thi.. the validity 9f that verdict He was
Tia74.llfrilict !mire' di novo 'should be refused, and that
set,, should stand.
" ' tlt - 44VItAiltat •"lITICE siortly before six o'clock pro-
aaht) e jud 6hts JnCiginant.
.After tb. necessary. length
hie iat4oz - ..41-Yen :by his' brethren it would (he.
7
° 4 't ' w'su :And '
indeed his duty t
mire shryvs_a- 4tni into • k is to put
they. i.-' uevause , that a Smelt' a compass as possible, •the
, -itegs_mdiPle'chi ';,i-itile'rlarse ,Would be in accordance with
ifroolm,,,- litemea ' n4r had acted during the trial. It
kaor an ii;
i.;, been. ,9138erved that he had abstained
la de obai-ce Icitli the course of the proceedings,
to \
t 3 of
dtrirtiotr toe
upon them, preferring.
ore IPe .to. los, b eacY. avid on grounds personal to himself;
ty..l:ostaiti447,6f, r' en :on the bench the consideration
h lin ifehs-44 • 117MTqr, real or imputed, committed
had, e
eola a.c5,...* *a it 1.32 L as Organ and head of the Court . Ile,
Ith:7l!ned iiit k -PP,l,A!!lFenilopart in the case, and those
),,ai?:tt,446 f... ow,
.liNa the. justice to 'confe.isi that from
110 le4 he iiile- '., -led ;4 A'al e4elved no interruption. That
he -1:143-woiii, -•,..,
......• say, qn in......
-ow parts of that motion ;
' lioraight ii: be Zoore'hap_py than-himself to have any error
tc„. agreed
..'ire c•arnoitted' rectified;-and justlee-doneall
at toad it:i.Tgepier ;ft the views taken by his brother Bur.
%46 Judguiezt delivered by him. The Learned