The Sun.
London, England, 1829-11-10 00:00:00

SPIRIT Or TIIE PUI3LIC JOURNALS.

All the letters which we receive from Ireland
are filled with rejoicing at the issue of the Cork
prosecutions, and with honest, not factious, re-
joicing; because the persuasion seems now to be
general, that the evidence for the Crown con-
tained at least a large admixture of unprincipled
falsehood; and that, had the men found guilty
on the first trial been hanged, it would have been
regarded by the people as a legal murder. In
another case, the law officers of the Crown have
hitherto been more successful : we mean the
prosecution of a confederacy of sawyers, for
cruelly beating a poor man of the name of Han-
lon to death in the streets of Dublin, and in the
open day. Not having seen any adverse re-
marks upon the composition of the Jury in the
latter instance, when two of the murderers were
found guilty, we may perhaps assume that the
Jurors were fairly chosen; but the impression,
we are bound to say, is far otherwise with respect
to the first Cork Jury. We of course do not
join in with those who charge the verdict against
Leary and his fellow-prisoners to the circum-
stance of their being tried by a Jury in which
there was not a single Catholic to be found : on
the contrary, it is very probable, that had we
ourselves been on that Jury, whose functions
ceased before Mr. O'Connell's dexterous and
masterly cross-examination of the witnesses, and
before Baron Pennefather's discovery of the
variance between the depositions and the testi-
mony in open Court had thrown fresh light
upon the sort .of authority by which men's
lives were about to be sworn away from
them,—had we been upon the Jury in question,
it is possible that we should have concurred with
the rest, and joined in the verdict of guilty ;
nevertheless, we are not disposed to acknowledge
that our Protestantism, however strenuous,
would have found its way into the jury box.
But the deplorable consideration is, that they
who have the right of returning a county panel,
or of challenging from amongst its members,
should overlook the obvious mischief of giving
a party colour to the composition of the jury.
If a Protestant jury acquit a prisoner, a mixed
jury would in all human likelihood have done the
same ; in which case the exclusion of Catholics
has been altogether a gratuitous interference. If
the Protestant jury convict a prisoner in whose
fate the multitude seem disposed to sympathize,
how monstrously invidious and dangerous must
the exclusion of Catholic jurors appear to every
man who feels the importance of satisfying a jea-
lous community that justice has been well ad-
ministered. What can follow from this childish
obstinacy in objecting to Catholic jurors, but the
infusion into the Catholic mind of a spirit which
would render Catholics really incapable of that
sacred office ? The Legislature has said, "We
will henceforth recognise no sects ;" the Crown
lawyers or solicitors say, " We will industriously
perpetuate their warfare." Why, if we had, as
dispassionate friends of Ireland, been asked to
choose, whether a law in favour of Catholics
should be passed by Parliament, the temper of
the official subalterns and factious Magistrates
remaining unchanged, or whether the old law
should be administered in a conciliatory and
fraternal spirit, we could never have hesitated to
throw the Relief Bill into the fire, and to sub-
stitute for it (if the two blessings were not to be
had simultaneously) a frank, and kindly, and
confidential treatment- of Catholics by, their Pro-
testant neighbours. For our parts, it seems in-
finitely less embarrassing to Government that
nine criminals out of every ten should escape,
than that the conviction of one in ten should be
ascribed to a packing of the jury. We must
express our unfeigned astonishment that the
common sense of the thing has not yet forced it-
self on the judgment of those who manage the
Crown prosecutions, and shown them that if
they want Catholics to yield willing obedience to
the law, they must take measures for satisfying
the same Catholics that the Protestant commu-
nity wish nothing more than an equal and honest
administration of it. We are happy to see that
Lord Killeen bids fair to come in as Member
for Meath, on the accession of Lord Bective
(by his father's death) to the Peerage. If Lord
Killeen were a less respectable nobleman than
he is, prudential reasons might recommend him
to the electors of a county desirous of domestic
peace, but being what a long course of temperate
and honourable public conduct proves him, we
cannot conceive any man, who, in all points of
view, would be a more fit county Member for
Ireland than the son and immediate heir of the
venerable Earl of Fingal.—Times.
We observe that iu the Report of the Dinner,
at Youghal, on Sunday week, Mr. O'Connell is
reported to have charged the Solicitor-General
with a knowledge of the absence of all mention
of the tent scene in Daly's first information, and
to have threatened him with an inquiry else-
where—in Parliament we presume. What he says
is so remarkable that we shall here insert it :

" In my examination of that respectable and
honest witness, Mr. Freeman—for honest freemen
are found elsewhere as well as in Youghal—when
questioning as to the character of Owen Daly, and
whether what Daly swore against him in the infor-
mations was true, Judge Torrens—and it only
proved his ignorance—wanted to prevent the ques-
tion. Baron Pennefather, though not trying the
case, over-ruled the question ; and, perhaps, spared
the lives of twenty-one innocent men by his deci-
sion. I shall not say anything of Torrens now—if I
were satisfied with him I may speak of him, he
shall now have the praise of silence. Of the Soli-
citor-General I shall not say much here; but else-
where, when I shall procure an impartial hearing, I
shall talk of him—aye, loud and long I shall talk of
him, for with him I am much dissatisfied. What
becomes of the affected candour and the often ex-
pressed solicitude for public justice of the Solicitor-
General, when we contrast his conduct at Clonmel,
on the trial of the Borris-o'-kane cases with his re-
cent conduct at Cork, during the trial of the con-
spiracy cases ? In Clonmel he insisted upon the exa-
mination of Doctor Heise, on the part of the pri-
soners, in order that he might have an op-
portunity of cross-examining him; and in Cork,
although the death-warrant scene in the tent
at Rathclare, must have been briefed to him—
that scene where Patrick Daly swore the murder of
the three Magistrates was concocted, and the awful
warrant signed on the 27th—yet omitted all refer-
ence to it when swearing his informations on the
29th April: I say, when the Solicitor-General
must have been aware of this, and withheld all
knowledge of it from the prisoners and their Coun-
sel, what becomes of this parade of anxiety for pub-
lic justice ? Yes, the death warrant, it was sworn
by the informer Daly, was signed by four of the con-
spirators—the fair of Knockaderry was the place
appointed for carrying it partly into effect—a few
days, and the lives of several were to be cut shat
by the ruthless hands of ruffian assassins; the in-
former is sworn, when developing the conspiracy,
and the form of the oath is not you shall true an-
swers make to such questions,' ire., but shall tell
the truth, the whale truth, and nothing but :he

truth ;' yet, Sir, the death-warrant is forgotten—
and iough the swearing of the information takes
place in less than forty-eight hours after the signa-
tures have been affixed to the dreadful instrument of
death, not a word is told—at least sworn to in the
informations.—(Hear, hear, hear.)—The Solicitor-
General knew all this, for when the Clerk of the
Crown was reading the informations, the Crown
Prosecutor made such a marked correction to the
officer that convinces me the death-warrant scene
was briefed to him. I hope to God that what I say
will be borne on the wings of the mighty Press, and
the truly independent portion of it will not fear
what those in power may do; for if the Solicitor-
General shall attempt to muzzle that Press, by filing
criminal informations, I am ready and willing to
meet him hand to hand on that ground.--(Cheers:)"
Mr. O'Connell is, of course, better' stile to
judge than we can be supposed to be whethey it
is possible to make any persons, engaged i•N si
criminal prosecution, responsible for their con--
duct in the proceedings preparatory to trial. We
were not aware, however, that any degree of rda
sponsibility attached to any man. The English
system of judicial procedure has always seemed
to us an admirable contrivance for allowing func-
tionaries to escape from all responsibility.. A
whole bevy of Magistrates may, in the first in-
stance, be busied with swearing the informations.
so that if there are three or four informations
sworn by any one informer, they may be sworn
before different Magistrates, and each may dis-
claim all knowledge of more than his own. It
is affirmed in the correspondence of a contem-
porary, that no blame can attach to Mr. Bar-
rington, the Crown Solicitor for the Munster
Circuit. But supposing the Crown Solicitor
were to have kept the Solicitor-General in igno-
rance, in the point under consideration, he is
not a personage whose functions are of a nature
to attach any responsibility to him. The Soli.
citor-General is, no doubt, a public officer, tsg,
he is not more chargeable with the conduct of a
trial than any other barrister. If the persons
engaged in prosecutions were to be without
scruple, they might hang a man any day in the
year, by a judicious management of evidence,
without any degree of responsibility attaching
itself to any one, except a case of conspiracy
could be made out—a thing impossible, or
at least next to impossible. There is, no
doubt, a punishment for perjured witnesses.
Irresponsibility in cases of prosecution shows it-
self much oftener in allowing the guilty to escape
than in seeking to convict the innocent. The
publicity of the proceedings, and the horror
which would be inspired by the discovery of an
attempt at judicial assassination, will generally
be a sufficient security in this respect. But ir-
responsibility is often shown in the conniving at
the escape of notorious guilt. If the criminal
be rich, and powerfully connected, the fear or
the avarice of prosecutors is appealed to, often
with success. The Magistrate who takes the
deposition is not responsible—the prosecutor
cannot be compelled to do more than pay the
sum in his recognizance. The Judges call on
the case, look exceedingly grave when no ap-
pearance is made, and express their surprise,
and all is over. Mr. O'Connell says distinctly,
? hal Imrinoltelih''niledel
that "there was a conspiracy to procure the
death of innocent men. There is a question
racy
engage there was ; where there are spies 'tis easy
arises here, was there not a conspiracy
to find conspirators ; and I warn gentlemen from
playing with such sharp instruments, which, like
knives in the hands of children, may turn and
wound those who use them. The employment
of spies will create conspiracies ; and as these
labourers cannot procure employment, as there
is no half-pay for their idle hours, they will con•
trive to create it. They are not, in that respect,
like yeomanry permanenced ; a spy will easily
find colleagues of his own to do the work ; and
there was a conspiracy which took even a higher
aim than even the middling class of farmers,
and we can account for the introduction of the
name of that respectable Magistrate, Mr. Clancy,
of Charleville, when we know that lie was envied
by those little shoneens, who make out a preca-
rious livelihood between loyalty and the law of
Debtor and Creditor." How this may be we
know not ; but sure we are, that where men are
disposed to such things, a system of procedure,
which allows of irresponsibility to so fearful an
extent, is the best of all instruments for their
wicked purpose. The criminal system of Eng-
land, to be innoxious, must be in very upright
hands. We would fain believe that the accusa-
tion of Mr. O'Connell is, in this respect, with-
out foundation.—Morning Chronicle.
A very slight circumstance to appearance has
often a wonderful effect in human affairs. The
liberation of the serfs of the Livonian provinces of
Russia is understood to have been effected
through the simple circumstance of allowing the
serfsa right to complain of ill-treatment toJudges
appointed and paid by the Crown. The French
West India Islands were indebted for their great
superiority over the English to the circumstance
of a creditor having no power to secure himself
on land, so that the Proprietors were compelled
either to reside on their plantations, or to part
with them to purchasers able to pay them, and
thus the scourge of English West India pro-
perty, nominal proprietors and effective pro-
prietors under the name of mortgagees, was
avoided. A slight circumstance in like manner
serves to account for the moderation of the French
Seigneurs under the ancien regime in punishing
those under their jurisdiction. The great scourge
of England, and still more of Ireland, is the
facility of commitment by Magistrates. The
Magistrate is subject to no responsibility, and tile
charges are defrayed.out of the county rates. In
" Jefferson's Memoirs and Correspondence,"
there is a very curious diary of a journey per-
formed by him through France and a part ot.
Italy, in which he states a circumstance sufficient
to account for the moderation of the Seigneurs.
" I passed some time," he says, " at the Cha-
teau de Laye-Epinaye. Monsieur de Laye has
a seignory of about 15,000 arpents, in pasture,
corn, vines, and wood. He has over•this, as
usual a certain jurisdiction, both criminal and
civil. But this extends only to the first crude
examination, which is before his Judges. The
subject is referred for final examination and de-
cision to the regular judicatures of the country.
The Seigneur is keeper of the peace in his do-
mains. He is, therefore, subject to the expense
of maintaining it. A criminal prosecution to
sentence and execution costs M. de Laye about
five thousand livres. This is so burdensome to
the Seigneurs, that they arc slack in criminal
causelpfrotsielecsuetisoneisg.nAeurgsotoladdeiffloecttbfereonmdaephraidvedof t
the
power of trying and sentencing as well as coin-
tTm
themrhi taet
tyrannical
nns gliaic,gna
anxious
Faimt
koroaepuucnl
sitncrcr
circumstance
Calabria
onl
meawgsb:oprot uiarfaol.
endnsca ee
theirrctl
v ihoaeeuvpenupt counterpart
sererext, 1
connecting
purses
peace
ii
erifbatai
tcttpuoeei
punishment
naturally
bliul
syya Ireland.
m ad e
means.
withhe ai cnhtsi
:eineA more orderly and peaseible people
than the French did notexist ; but in unpaid
a id unpaying Magistracylvould soon have mat's