Star.
London, England, 1830-05-12 00:00:00

brought this charge against him—one, that he had made use of the, I
power and authority his offies gave him, to protect guilty parties, am
to saran them Prom punishment; and the next and moo heavy
accusation was, that he, with several other gentlemen as honourable
and as high-minded as ever adorned a liberal professiOn, had leagued
together and entered into a conspiracy—and that with documents
in their possession to prove the falsehokl and the perjury of the wit-1
nears for the crown, they bad still gone on to ensure the capital
conviction of innocent men. These were the charges made send
him, and as he had said before, he admitted all the facts. There
could be no trouble, therefore, about documents ; and he assured
the house that if his own personal character were the only
consideration involved, he should not thus weary them. There
was, however, something there that told him, and he was
sure there was not a second gentleman in the house who could
believe him guilty of such baseness, and, but for other consi-
derations, he would have left these accusations to produce the
excitement they were intended for uneontradictcd. (Cheers.) They
had been made at meetings in the tavern in the street, and to the
rabbis; to those certainly amongst whom he never went! but,
when he did go amoupt the people, it wu not as a volunteer,
but to discharge the duties which were intrusted to him by his
Majesty's representatives; and these he discharged fairly, faith-
fully, honourably, and, be also hoped, mercifully. (Cheers.) In
these he had not any personal interest or concern, nor should he
have in these accusations, but that an interest much deeps
than personal was engaged—be meant that of the public.
character of a public man was public property, and even in so in-
significant a station se that be held, it was important to preserve it
pure. If that were true in any country, it was doubly true in Ire-
land, more especially when connected with the administration of jus-
tice in that country ; and his conduct, without meaning offence, he
would say, and which he bad documents to prove, was the daily,
nay, almost hourly, subject of the bon. and learned member's un-
founded slander—(loud cheers.)
Mr. O'CONNELL said he thought that on an occasion where
one of the King's subjects had lost his life, and that an individual
had been charged with the crime, it was not so very extraordinary a
proceeding to move for a copy of the coroner's inquest. If his
reasons for doing so had been required, he was ready to give them ;
and if, instead of the tragic display that had been made, these
reasons were asked for, he would have been happy to have stated
them. (Hear, hear.) He had not arraigned the administration of
justice—for the acquittal, be admitted, was quite right ; but his
reason for wishing to have this inquisition was, that he might
make use of it on a bill now before the house—the Constabulary
bill—(a laugh).—His motive was that the officer and the other per-
sons belonging to the police, knowing that the man was innocent,
suffered him to lie in gaol for six weeks, and had not come forward
on the Coroner's inquest, the consequence of which was that the
guilty party was still unpunished. He certainly meant to follow
that up by a motion for a return of those who had loot their lives
by the police. He was not to be deterred by any man in the
house from the performance of his duty. He would do it (ear-
-1 *sly, as he had ever done. He did not pretend the courage
Bandy as called in courts of honour—be disclaimed and dim.
vowed that. If blood were on his hand, it was to him a source of
deep regret and heartfelt sorrow—such and so deep that he had
registered a vow never again to enter into such a conflict—(har,
hear.) The hon. gentleman knew that—for It was well known--
he knew that he had suffered insults to pass unpunished ; and
but for that the hon. gentleman well knew that he would not
have dared to make the attacks, and utter the taunts so safely
Neerted to in that house—(Cries of hear, and loud cries of
" order, order.") Here the Speaker rose, but before he had
time to call Mr. O'Connell "to order," the latter repeated
several times—" I retract the expressions." [He then pro.
esedeti]—he was perfectly aware that the present proceedings
had been adopted with a view of prejudicing a motion which
stood for to-morrow. The honourable and learned mem-
ber, however, must be at any rate aware that the notes of a trial be.
fore the Lord Chief Justice of the Court of King's Bench, when
called for in the Exchequer Chamber, are always produced.
This is also the cam with die Chief Justice of the Common Pleas,
who, as well as the other Judges, produces the notes of every cause
tried before him, whenever they are called fie. These notes are
just u much a legal document as anything else; and he (Mr.
O'Connell) could see no reason why they should not be pro-
duced in that house. The notes of the Judge were not of so
much consequence to his case, as all the information he wished for
might be obtained from another source. He moved for them, how.
ever, on the ground that the most authentic documents might be
produced, and that there might be no charge against him on that
ground. The next subject which he had thought it his duty to In-
vestigate, was touching the trials of the so called Doneraile conspi.
rators. At an early period of the linden, he had intended to bring
this subject before the house; but he then thought that the time of
the house was occupied on more important business, and since then
he had come to the conclusion that it would be better to let the sub-
ject rest, and endeavour to allay the angry feelings that had been
excited on this subject. He did not call in question the propriety
of putting on their trials, for their lives 13 or 14 respectable
farmers, who were • now admitted to be innocent, and were now
at home with their families. He did not call in question the
conduct of the honourable and learned gent. (Mr. Doherty) on
this subject. But be would maintain that it was the duty of the
counsel for the crown to have let the prisoners know of the exists me
of the document of which so much use was made on the trial. It
was their duty' net to seek to convict, but to see whether the wiles
on their trial were guilty or not, and to have afforded them ever=
portunity of proving their innocence. He greedy blamed the
trates—wito bad regularly hired spies in their service and pay for the
space of 18 months-4e blamed their conduct in suffering permeate
be accused and put on their trial who were not accused in the first im-
amate, and who, it was known,would be called as witnesses for those
gatwhom the charge was first brought. If it were permitted
would go at great length into this part of the subject to.
mitermr. If he could now get the papers and documents he now
mewed for, he should proceed with this part of the case until It was
completely investigated. If the conduct pursued in the Borrisokeen
case was right, then that pursued in the Doneraile conspiracy was
certainly wrong. In the Borrisokeen cue, the Counsel for the
Crown had thought it sight to call a witness subtxmaed for the
prisoner. (Hear.):He was ready—as he was with regard to every
thing that he said in that house—to prove it at the bar; he had
been six or seven times taunted on this subject; he repeated,
that if the papers were refined, he should not press for them;
he did not mean to say that the man was fey of murder in Bor.
deplore.," but be protested against the police being allowed to carry
arms. The use to which his present motion referred was simply
this ; a warrant for an assault was issued against Daniel Nailer, and
was to be sent at one o'clock in the morning to his mother's house,
where there was a marriage being celebrated, to execute it. This
was not a proper time to execute a warrant foe a common assault,
and still less at an Irish wedding. The man against whom the war-
rant was issued endeavoured to escape, and was fired at and killed.
No doubt the person accused of murder was Innocent ; but be (Mr.
O'Connell) doubted the Propriety of arming the police with deadly
weapons; he repeated, it his motion was opposed, he should with.
draw it.

The motion was accordingly withdrawn.
Mr. HOBHOUBB presented a petition from certain inhabitants
of London, praying for the opening of a new street from Waterloo.
bridge to the British Museum; also a petition from Bolton, most
numerously signed, against the emplOyment of children in manu-
factories; also a petition from Oldham, for regulating the time far
working. The honourable member said he should„ at some fu-
ture time, introduce to the coosideratke of the House a measure
for the consolidation of the laws relating to working in ma.
nufactories.
rADA.

JUDOZ

Lord MILTON presented a petition from J. W. Willis, Esq.
who had been a Judge in Canada, praying the attention of the
house to his situation. His Lordship said be wished to draw the
attention of the house to the case of Mr. Willis, whose petition
be held in his hand, and who had tilled the office of Judge in the
Court of King's Bench, in Upper Canada, and bad been super.
seded, and he believed &ill/dart:moved from his situation. By
an Act of the Colonial re, the court in which Mr. WU-
Ili sat had been constitu of a Chief and two Public Judges.
While Mr. Willis acted in the latter capacity, the Chief Justice
came to England on leave of absence from the Governor of the Co.
key. His duty devolved on Mr Willis, and in the course of his
paformance of it, it occurred to him to inquire whether by the le-
gal constitution of the Court be had the power to do so. It was
sufficient for his (Lord Milton's) purpose, that this gentleman
felt a reasonable doubt on this subject—for whether Mr. Willis
should ultimately be deemed to have been right er wrong in his
opinion, under all the circumstances of the case, be could hardly
be said to have been clearly originally wrong. However, he
represented to the Government of Canaria the impossibility of
Ms sitting in the place of the Chief Justice. The Council se-
knowledged that it was dearly impossible to require of him toe:.ercise tie functions of that offia, while he continued under that lett-
proudest. In consequence, the business of the Court was s
and Ph. Willis was eventually suspended. He ((Lord Mil ur6
no wades se arraign the conduct of the ____ adealibaseam,
but yet be Illaiderad that there had been somedibeg in la disk
.64, fie By tbe constitution of the imagery, Me. Wills
could say be removed by the act of the gomsaee is council. iping
the governor, on his own audtedity, removed Mr. Willis en *spa
Jews, it* No communication had boo aisle to the emissli Gila
the With, when It orassmed his &aim Air. W11N1,4111
renewal, retuned to Ileshol and appal In redrew et the 44
hie has. Mead, the Oeheiel Beeestaey, by when be wee
rad to the !sky whhh
be
in opinion temahaild
esseerred hi the asodnet puessed
_immunise et
Canada. But obi& he Owed Hilton esasi the
by statute of the awn se whldt lie. lielsoged, NI
that a very coodinallie doubt sit be esiestebsed en the WON.
Let it be supposed that llie. Willis had seadnued to sit; thin