The Sun.
London, England, 1829-01-28 00:00:00

THE KING V. RUMP BRADY.

,On Monday the, 19th inst., the following trial
took place at the Cavan Quarter Sessions, before Mr.
GUMLEY (Assistant Barrister pro Icinpore) and a
full bench of Magistrates.
The defendant was indicted for posting and pub-
lishing an address, issued by the Catholic Associa-
tion to the Roman Catholics of Ulster, which the
indictment charged as a seditious libel against the
King's Government, tending to • alienate the affec-
tions of the King's subjects, and to bring into con-
tempt the administration of justice in the province
of Ulster.

Mr. SWANSEA and Mr. M'DERMOTT, solicitors,
were employed to conduct the prosecution..
Mr. MURPHY, barrister, was brought down spe-
cial on behalf of the defendant, accompanied by Mr.
M. O'REILLY, solicitor.
When the case was called on, the CHAIRMAN in-
quired of Mr. Murphy (Counsel for the defendant)
if he was satisfied with the Jury then in the box,
which had tried the previous case.
' Mr. MunPnv was perfectly satisfied. However,
there happened to be two Roman Catholics on the
jury, in
.consequence of which the professional gen-
tlemen employed to conduct the prosecution objected.
Mr. MURPHY then proposed to have the case
tried by the first twelve men that should be called
on the panel. This he considered a fair proposal,
for he had no local knowledge of the Jury.
The CHAIRMAN considered the proposal perfectly
reasonable.
Notwithstanding this, it was rejected.
Mr. MURPHY then said—l now clearly perceive
what is meant to, be done. Although this a political
trial, it was my wish to conduct it with as little party
prejudice as possible. But this I find impossible,
as my two most reasonable and most equitable pro-
posals have been rejected on the part of the Crown.
It is now quite obvious that you want to pick a jury
out of the panel to suit your own purposes. I
therefore now challenge the whole array.
The CHAIRMAN—Upon what grounds, Sir ?
Mr. MURPHY—Upon the ground of partiality in
the Sheriff.

The CHAIRMAN—What is the nature of the im
puted partiality ?

- Mr. Mtn-ma—The Sheriff is an Orangeman.
The CHAIRMAN..--I do not. conceive this a good
ground for challenge. Sitting here, I know nothing
either of the Catholic Association, or of Orangemen.
I shall therefore over-rule your objection ; but you
may, if you think proper, move in arrest of judgment.
The panel was then called over.

Mr. MURPHY asked some of the jarors, as they
came to the book, if they were not Orangemen; but
the Court did not consider their being so good ground
of challenge.

The posting of the document in the market-place
was then sought to be proved by a police-constable,
who swore that he took down from the market-place
the placard containing the alleged libel and by a
Mr. Sturdy, an innkeeper in the town of Ballyco-
mei!, who swore that he saw the defendant nail up
a paper in the market-place, the heading of which
corresponded with that produced to him. It ap-
peared, on the cross-examination of both witnesses,
that they had had a previous quarrel with the family
of the defendant.

Mr. Sturdy, the innkeeper, was also called to
sustain the inuendos, and swore that he believed the
paper to have a seditious tendency.
He underwent a long cross-examination by Mr.
MURPHY as to the grounds of his epinion, during
the course of which he said he was not a profound
philosopher, metaphysician, or politician : he was a
good judge of a horse, but not of a libel. He would
not undertake to say how many grains of violence
would stir up discontent in the mind of a moderate
man. lie did not know what an Orange Juror or
an Orange Magistrate meant. An Orangeman
meant a loyal, good subject; and be could not tell if
an Orange Juror meant a man who brought his
Orange prejudices into the jury-box; or if an Orange
Magistrate meant a man whose Orange prejudices
hung about him when he ascended the justice seat.
lie admitted that it was upon his information this
prosecution was founded; but he denied that he was
an informer.

Mr. MURPHY then addressed the jury at consi-
derable length. He commenced by complaining of
the difficulty of the situation in which he stood. If
a foreigner had landed upon our shores from the
most distant region of the earth, the humane policy
of our Constitution had provided that half his jury
should be foreigners. But here was a purely party
(Protestant and Catholic) trial ; and what did he
find ? The Judge who presided was a Prot► stint,
the jury who were to decide were Protestant, the
Nlagistrates who were to apportion the punishment
were, to a man, Protestant, the sheriff who empa-
nelled the jury was a Protestant ; the very officers of
the court were Protestant ! all, all were Protestant,
except the unfortunate defendant and his feeble arid
inefficient advocate. He did not mention this as a
subject of reproach to the jury, it was not their fault
that not even one Catholic had been admitted into
the jury-box ; but it did rest with them to prove
to the world, that this startling and almost in-
credible anomaly in the administration of justice
was only bad in theory, but did not impose
the slightest practical disadvantage on the Ro-
man Catholic who was subjected to the experiment.
The Learned Gentleman then submitted that the
proof of publication was insufficient; that it was
absurd to call this paper a seditious libel on the
Government, inasmuch as it breathed throughout a
spirit of affectionate attachment to the Government,
and inculcated tranquillity to the people. He fur-
ther contended, that by no fair and honest con-
struction could it be tortured into a libel on the ad-
ministration of justice. It was neither a libel on the
administration of justice generally, or on the Ma-
gistrates of Ulster generally, unless the Jury be-
lieved—that all the Magistrates of Ulster were
Orangemen. The indictment could not be sustained,
inasmuch as it was not sufficiently specific as to
time, place, or persons ; and he implored the Jury
to inspire confidence in the people by demonstrating
that even in a violent party case, an exclusively
Protestant jury would do justice to a Catholic.
The CHAIRMAN charged the Jury with impar-
tiality, and, after an absence of an hour, they re-
turned a verdict of Not Guilty.
The verdict was received by the Catholics with
great delight, and excited in the minds of the
Orangemen proportionate vexation. An intense
sensat►on was produced in the town both by the
trial and the result.

SPIRIT OP tHE LONDON JOURNALS.

One of the most intolerable evils growing out
of the distracted state of Ireland, perhaps, as a
general consequence, the most to be lamented
of them all, has been the difficulty of obtaining
redress for injuries through the medium of Ma-
' gistrates or juries. So extensive is party, and
on both sides so inflamed, that in some parts,
principally the north of Ireland, a neutral Justice
of the Peace can can hardly be found through
many miles of country : a fortiori, an un-
tainted Bench of County Magistrates, and an
unprejudiced jury, in political cases, is a God-
send upon which no. man can reckon. If, for
instance, an Orangeman (and most of the
Protestants of the north arc Orangemen) ac-
cuses a Catholic, no matter of what ofTence, he
has hitherto, at least, had little trouble in.
getting his examinations immediately sworn,
the- " Papist rebel" laid hold of by virtue of the
Orange Justice's warrant, the charge tried
before a Bench composed of similar worshipful
pi,errostoetag
sitanets,Tura y,veariclldic-t aof g s
enut
edy ntce fromto
his
content. The whole apparatus of provincial
law, in the eight or ten northern counties of
Ireland, coming as far south as Longford and
Fermanagh, is absolutely and exclusively Pro-
testant—the Governor of the county, his creature
the High Sheriff, and the jurymen again, his
creatures. A Catholic, therefore, has usually
found but a cold reception for his complaints
from those tribunals, however keen and eager
might have been the welcome given to the
wildest accusations against him. Catholics
have been beaten at fairs, and in the
streets of market-towns,—sometimes attacked
with bayonets, at other times fired at,-==
always wantonly insulted. Why ?—because the
Orange hatred was confident of impunity for ita
worst excesses, and seldom was that confidence
deceived. The examinations of a Catholic were
very rarely taken, let his wrong have been ever so
serious ; when taken, the warrant was issued with
reluctance and delay; the offender in most in-
stances was left at large, while magistrates and
policemen encountered him at every corner. If
he came forward to be tried, it was to face but
the form of a trial, the bench were friendly, and
the jurors incredulous of aught against their
" loyal" brother. In the south of Ireland,
where the larger portion of men of any fortune
are liberally disposed, or at least are not mem-
bers of the Orange body, the magistrates, awed,
perhaps, by the immense majority of the Catho-
lic population which surrounded them, have
done their duty with greater strictness than
the above-mentio»ed gentlemen of the north :
but if the southern bench be more fairly in-
clined, the juries are but little • better than those
of the Orange counties. If Catholics, they
acquit a Papist ; if Protestants, they lean hard
upon him. If mixed, as happens for the most
part, the spirit of division is carried into the
jury-box—opinion takes its colour from the
creed—the Protestant says " Guilty," the Ca-
tholic " Not Guilty,"' or mulatis mutandis ;
and the triumph is with the most obdurate tem-
per, or the most patient stomach. This inalr
administration of justice, through the perversion
of magistrates in some counties, and of jury-
men in all, would be in itself sufficient to de-
stroy every safeguard of society in a kingdom
possessing the wisest norninalinstitutions. Such
are human feelings under,lhe sense of' injury,
that nothing but a reasonable confidence of
redress from soine common avenger, like the
law, has ever proved capable of restraining
men from the use of their natural means
of vengeance. The personal outrages which
have more or less prevailed in Ireland at
all periods of her history, have arisen
mainly from a distrust of the law—from
the difficulty of obtaining justice but through
personal retaliation. Of' the nature of party
prosecutions is one, the details of which we have

inserted, but. which has not sprung from any act
of violence, and to which we are happy to refer
our readers for evidence of some prospect of
better times in the north of Ireland. It was a

trial at the Quarter Sessions of Cavan, where
a man was indicted for posting up the address
of the Catholic Association to the Roman Ca-

thollcs of Ulster, and where certain passages
were selected, " as seditious libels against the
King's Govcrament,--as tending to alienate
the Vfections of the King's subjects," (query
from whom ?) " and to bring into comempt
the administration of justice in the province of
Ulster." This indictment was artfully worded.
But on looking over the passages charged as
containing sedition against the " King's" Go-
vernment, we can discover nothing more
than heavy accusations against the abuses
both of justice and good government per-
petrated by the Ulster Orangemen, whose
tyranny and cruelty, and usurpation of powers
which they had not lawfully, and perversion of
others which the law had given them, are set foith
in language by no means disrespectful to the
King, but in the highest degree provoking, we
admit, to the Orange autocrats of Cavan. The
trial commenced inauspiciously ; two Jurors were
objected to, and dismissed for being Roman
Catholics; and while not a word was listened to
by their Worships, in the nature of objection
auainst acknowledged Orangemen. In brief,
however, it remains to be told, that with an
Orange Bench and an Orange Jury, the man
was found " Not Guilty" of the libel ; and an
avowal thus recorded by the gentlemen them-
selves, that the " King's Government" did not
of necessity mean the government of Orange
Justices and Orange yeomanry in Cavan. The
salutary effects of such a verdict—unlooked for

'as it was—will be felt, we trust, throughout the
kingdom, and were pointed out by Mr. Murphy
to the Catholic inhabitants of Cavan.—Times.

As the day for the opening of the Parlia-
mentary Campaign approaches, the preparations
assume an unwonted activity ; the necessary drill
of the awkward squad of the Prcetorian Cohorts

commences forth-with ; the experienced Fugel
Man has received his letter of readiness, and
the hours of relaxation he is permitted to enjoy
at Brighton are already numbered. The first
Dress Rehearsal of the prologue to the grand
political drama is fixed—by the way this same
prologue, or, to speak without a metaphor, the
King's Speech, was the subject of prolonged
-discussions, and, as has for some time invariably
h'en the case, of earnest and animated diversity
0 opinion, until at length the "sic volo, sic
ju')eo," silenced, if it did not satisfy all scru-
ples ; it yet remains to be seen how these glo-
riously discordant elements will stand the test
they are certain to be tried by at St. Stephen's
Chapel. We are pretty sure there is little of
elective qffinity in their organization—as the
event will prove.—Morning Chronicle.

The Rev. Mr. Sutherland, who accompanies
the Duke of Northumberland to Ireland as his
Private Secretary, owes that and other more
substantial 9bligations to an early college friend•

ship which existed between the parties. The
House of Percy possesses the Advowson of;
perhaps, the most valuable Living in England
in Lay Patronage. On this Living bccetning
vacant some years ago, the late Duke offered it
in the first instance to his relation, the present
Bishop of Carlisle, by trhum it was dcl 1.; it
was then, in eonforniity with the tc-Ar,':ed wishes,
hut not at the express application of Lord Percy,
given to the present Incumbent, Mr. Suther-
land., If we ace titt misinformed (and we shall
lie happy if, on this point, we have been misin-
formed), the Private Secretary of the new Lord
Lieutenant belongs to the High Church and
Ultra-Tory Party. We fear this, if true, augurs
badly for the inkeeests that are just committed
to the guidance ior his patron.—ibid.

From the latest intelligence derive.d from a
?peculiar and authentic source, vve feel fully war-
ranted in saying, that the difficulties in the way
of reconciling the great objects of Russian po-
licy to the views on the same subject entertained
by the French and English CabinetN a:-e be-
coming every hour more formi4able, and will
eventurily prove insurmountable ; it may be as
weh to repeat the f.4%serVation, that the Courts
tt St. Jarric,s's 4ntl the Tuilleries act in a spirit
of the most perfect good understanding .and
cor-
diality; such, indeed, as have not existed be-
tween the parties fOr the last five centuries. The
repeated conferences of the Representatives of
the three Powers have had no result, but to
show that the -views of the Northern Autocrat
are incompatible with those of his present
and at the same time to mark his obstinate ad-
herence to them. One of the first persons with
-whom the Prince De Polignae transacted busi-
ness, upon his recent arrival at Paris, was Lord
Stuart de Rotbesay, and their intercourse has
since been frequent, and apparently cordial: this
circumstance has given rise to much observation,
and many conjectures in the Parisian political
coteries,—Bid.

Trader* who suffer by an over.readiness to
glee credit in London ought to blame their own
folly rather than the dishonesty of these who
impose upon them. The tricks of swindlers in
general are so very shallow, that it is only won-
derful how they can succeed in entrepping per-
sons whose habits of life ote3lt: to make them
circumspect, and who see generally supposed to
have a pretty keen sense of their own interests.
There is, however, the pernicious as well as un-
christian law of imprisonment for debt, which
.encourages shopkeepers and tradespeople to part
with their goods on credit to persons of whose
means or character they know nothing, and
about whom they make no inquiry, relying
upon that law which empowers them to take
the bodies of their debtors in pledge, by
which they expect to coerce payment at some
future time. One of the greatest advan-
tages of the abolition of thin absurd law
of imprisonment for debt would be the cut-
til' up by the roots of this ruinous system of
erelt. Trade would then go in more safe
and regular channels—specious knavery would
not find the property of others so accessible as
as present—probity of character would have the
preference which, in a well-regulated State of
society, it always enjoys—and the occupation of
the dashing swindler would not be so lucrative
as to tempt many to abandon for its idle in-
famy the .tugged but secure path of honest la-
bour. When we take into consideration the
exissing system of credit, it does not appear at
all surprising that " obtaining money and goods
under false pretences') should be one of the most
prevalent crimes of the day. It is carried to
such an extent that it absolutely holds out a
temptation, or rather offers a bounty, to swind-
ling. It matters not that gang after gang of
swindlers are hunted into the toils ofJustice, from
time to time, when long impunity in 'laud has
made them so bold as scarcely to use any caution
in their depredations. There is no instruction
from the experience—no value in the warning ;
other gang's take their place—perambulate
the same rounds—forge the same stories—prac-
tise the mile tricks--aslopt the same disguise
—and meet with equal credulity and success.
In a case, the other day, in the Court of King's
Bench, the question was, what remedy the vender
of goods had against a purchaser, who had in-
duced him, by fraud, to sell him the pods ?
The plaintiff, in this case, wee a wholesale manu-
facturer, and had sold goods to the defendant,
who, he found did not buy them for any honest
purpose, but merely to hand them over to another
person, who was to sell them at half-price, or
any price —for any price would bring a profit,
inasmuch as the purchaser had never intended
to pay for them ; and the plaintiff ascertained
that u bale of his goods had been sent to a sale-
shop at a less price than that for which he could
have manufactured them. The nature of this
ease Lord Tenterden explained at once by say-
ing to the plaintiff, " You sold the goods with-
out making the proper enquiry—a case that
often happens." This is an illustration of the
present system of credit, which seems especially
designed for the benefit of knaves.—Moreieg
Herald.

The intelligence, which if not the first, we
were assuredly nut the last, to communicate,
several weeks ago, respecting the determination
of the Duke of Wellington to press the question
cif peace bet Ween Russia and Turkey, has been
confirmed in a manner which leaves no doubt on
the subject. A Russian Ambassador Extraor-
dinary (as will be seen by an extract from The
Sun,) arrived yesterday morning in town ; and
with respect to the object of his mission, at such
a time, and in such a critical juncture, there
can be but one opinion. He is commissioned,
undoubtedly; to endeavour to pacify Franca an'
England respecting the views of his Im-
perial Master ; and possibly, also, .to arrange
with them the basis of a nogociation with the
Poite, or a settlement respecting the blockade
of the Dardanelles. But whichever of these may
be the especial object of his mission, there can-
not be the slightest doubt that it refers to the
affairs of the Eiist, and that the Emperor of
Russia, having been foiled in his endeavours to
dupe the Cabinets of France and England into
a connivance at his ambitious attempts on.
Turkey, is now anxious to moderate, if ho,can-
not altogether succeed in averting their wrath ;
and it would appear from letters froirc- Vienna,
received by express yesterday, that Ire. has even
gone the length of expressing; to the .Poite,
through the medium of the Netherlands Ambas-
sador, his .anxious desire for the re-establish-
ment of peate. The Reis -Effendi is said to
bare answered, that if Ittissia was sincere
in her wish for peace on moderate terms, the
Grand Seignior was willing to send an Ambas-
sador to treat respecting it at 'nny,place which
Russia or the Allied Powers might think proper
to nominate: but notwithstanding this favour-
able opening of the diplomatic campaign, we
own that we entertain no very sanguine hopes
of a peaceful termination to !it. The Duke of

. .
also remonstrated; and a iteaty, we believe; has
been cenchtdeq- for averting the more immediate
batters and inconveniences likely to result froM
a continuance Of the wor in the Eai'!; IRA a
higher tone, we s'visp'fot, must beassumed before
tussia, on the one hand, will depart from
the ambitious pretensions which she put forth
last year previous to opening the campaign, or
the Sultan, on the other, from resetting un-
impaired the provinces of his einr,i're4 'We Con-
sider the dil&Oti.e.s) iii fact, to be all but insur-
mottbtable, without the aid of an armed inter-
vention ; but one advantage, as has been re-
marked by out Evening cotemporarn A
events, result from the of the Russian
Atebar..fri• 'itraordinary ; the parties will un-
dftstraid one another better, and the King's
Speech, if the Premier pleases, will let us some-
what more into the secret of our foreign reitt,
tions.—Morning Advertiser,

LK\k` iNTELLIGENCE.
VICE-CHANCELLOR'S COURT, JAN. 27.

WRDON AND OTHERS V. SANDYS AND
Alr. HORNE stated tie tirilosiances of the case.
The defc!ldnt., Vvlio formed an AssociatiGn called
the " National Union Fire and Life Insurance As-
sociation," had, in the course of their dealings,
granted au annuity to the late General Campbell.
They had received the consideration for that annuity,
but they had refused to perform their part of the
agreement, and this bill was filed to compel them to
the specific performance, or to refund the considera,.
tion,

The VicE-CHANItt.A.Oit said that this was not a
case in which a Court of Equity could interfere, and
he must dismiss the hill with costs.
Mr. CITING said his Honour must see that thi.t
was a case in which the plaintiffs cottlii obtain no re-
medy at law.
The VtiA-UHANCILT.LOR was of a very different
opinion. He had no doubt that the idaintitTs had a
remedy at law.

Mr: WRAP said that the deed was signed by three
of the Directors, against whom the plaintiffs might
proceed at law.

CONSISTORY COURT, JAN. 27.
Itoirs v. ROWE.

Shortly after the sitting of the Court, a femnle
respectably dressed, and having a very melancholy
appearance, presented herself at the bar of the
Court. She was attended by two middle-aged
respeetab!e looking men. The Court having in-
quired what her business was, she stated-that she
held in her hand a petition. The Registrar being
directed to receive the petition, he read it. It ap-
peared from the contents that she was not more than
eighteen years of age, and that she had been mar-
ried to a man named Joseph Rowe, in Bishopsgate
church, in October last; that shortly after it ap-
peared that the husband, by reason of natural mid-
confGrmation, was such a person as ought not to

gave been mairied. She stated that she was most
desirous of commencing a suit for divorce, but that
she was destitute of the means of carrying it on.

The COURT then directed the female to be sworn,
when she stated that she was not worth fire pounds
in tile world beyond her just debts. It then as-
&igned the junior Doctor hi longing to the Court,
and the junior Proctor, to undertake her suit.

COURT OF KING'S BENCE', J.N. 27.

ROBERTSON V. KENSINGTON.

Mr. DENMAN moved for a rule to show cause why
the verdict obtained by the plaintiff should not be set
aside and a new trial granted. This was an action
of trover brought to recover the value of certain
Indian warrants for coffee belonging to the plaintiff,
who was a manufacturer, carrying on business at
Perth in Scotland, in partnership with several other
persorr.—Rule Nisi granted.