Star.
London, England, 1830-05-13 00:00:00

was formed, to investigate the facts. When the Special Commission
was sent down, he was also sent by the government of Ireland to
conduct the inquiry. He knew nothing of that part of his country
before—was never before in it. When he reached Cork, he and the
respectable. Gentlemen who were with him, set themselves to work
diligently for days before the trials to examine the witnesses for the
Crown, and, in stating to the house the course he adopted, he should
be able to show how futile and groundless was the charge brought
against him. The hon. and learned gent. (Mr. O'C.) thought that
the accusation of the prisoners and the principal case against them
rested on the evidence of Pat. Daly, the accomplice. There were other
witnesses, not accomplices, who confirmed him in every point, and
the Jury, after a minute charge from the Judge, Mr. Baron
Pennefather—ar.d he concurred in the praise bestowed upon that
teemed person by the lion. and learned gentleman—after u winute
charge from the Judge, and after due deliberation, the Jury
brought in a verdict of guilty the first day,and that too, although the
Judge had on the bench before him the imi ortant document, for a
copy of which the hon. and learned gentleman now called What
be (Mr. Doherty) was accused of withholding from the Jury was,
the depositions of Patrick Daly. But he maintained, that without
that deposition there was evidence enough to convict the prisoner,
although emu that deposition on a :succeeding day the Judge saw
enough to direct the acquittal of anoth prison; r. What were the
facts ? At the fair at kathclare sonic gentlemen of the county were
marked out, and decreed to be murdered. Gee teas the Rev.
Mr. Lowe, fir being an active magistrate. A second was Mr.
Crea.th, for bvitic a severe landlord. A third was Admiral Evans'
for having made a speech in that house against the Catholic.. lie
forgot who the fourth was That a conspiracy should be delibe-
rately formed against the lives of gentlemen in this country for such
causes, and that by men in good condition, too, deserving the style
of Mr. would be surprising; but it was not at all surprising in
Ireland—men above Burke and Leary were in that conspiracy.
The depositions of Daly were not produced on the first trials. The
honourable and learned gentleman took credit to himself for not
having made this charge before the last assizes, from fear of ex.
citing a prejudice. Any body conversant with the administra-
tion of justice might know that pending any trials it would be
wrong to agitate a question that affected the justice of a case. But at
those last assizes other persons were convicted before the saine,l
judge, who was the presiding judge at the special commission,
and for ti..kt very offence. Some were aLo acquitted, and those
who we,e convicted were recommended to mercy by the jury, the
peace of the country then not requiring the exaiiipie of an execution.
But it the hon. and learned gent. refrained from exciting pre.
judice in inlaid by a speech upon this subje.:t in that house, he did
not observe the eame moderation in Ireland ; for during the very
aioozv. in Cork he aid not snake a seeech upon the subject at a
pub.ie dinner. The honourable and learned gentleman did give
the benefit of I.is talent:, to the prisoners, and he had a in.
untph in their acquittal ; but what cause of triumph could he (Mr.
Doherty) have in their conviction ? he who went clown norely at
the desire of the Government to conduct the investigation. pie did
not triumph, and he had no motive for triumph Ile, who wets now
charged upon this offence, was taunted in the open &runs in Cork
with producing, in the heads of the police for the Botrisokene affair,
evidence which was favourable to the accused. The honourable
gentleman here gave an account of a conversation he had with the
reverend Mr. Spain, a priest, relative to the evidence that lie should
produce against the police for the Borrisokene affair. The
priest told him not to produce Dr. Ilessic by any means, for
the people would not be satisfied ; but, after the examination
of the other witnesses, he (Mr. Doherty) put Dr. Hessic in the
box as he saw the whole affray, and was a gentleman of education,
and without any ties—it was his evidence ultimately that worked
the acquittal of the accused. And it was for that act he was openly
taunted in Cork—it was for that Le was riandered by the press of
Ireland, and in puLlic speeches niaie in Ireland. if ono man was
convicted iu Cork, was he to blame the hon. and learned ge t. ?
Then if one prisoner was acqiiitted, was it to be said that he should
not have been put on his trial, aid was he (Mr. Doherty) to be
taunted with calling witnesses to inquire into his guilt or innocence?
Did the honourable and learned gentleman deny that there was a
conspiracy at all ? Why, strike out the evidence of Patrick and
of Owen Daly, and yet there was enough, in point of law, to sup.
port the conviction. Was this conetaraty all a mere bubble?—
Was not Mr. Lowe fired at? Was not Dr. Norcutt*s carriage fired
at by sonic mistake, because his servant wore the same livery with
the servant of one of the gentlemen whose life was conspire d against ?
Was this conspiracy got up to put innocent people on their trial ?
The lion. and learned gentleman then declared the evidence given of
writing of the paper in the tent at the fair, decreeing for execution
Mr. Law and the other gentlemen. He did not by any means ob-
hect to the lion. and learned gentleman preferring this charge against
im in parliament. But what he did object to, and what lie de-
cidedly protested against, was that the hon. and learned gentleman
had cast the most unfounded imputations upon him in his alb.
sent* elsewhere, and attempted to excite public prejudice against
him in Ireland. In that country the charge that public jus-
tice was not fairly administered never failed to produce fatal con-
sequencer.. Nothing could be more unjust than the imputation that
he had shown himself callous to the tate of the prisoners at Cork.
When, in cor.sequence of the absence of the hon. and learned gent.
opposite, who was to defend them, they stated that they were not
prepared to go to trial, be (Mr. kiherty) offered either to furnish
them with two of the most eminent counsel that could be procured,
or to postpone the trial till the honourable and learned gentleman
might find it convenient to attend. He must now, with the per.
mission of the house, advert to a memorable speech which !the
hon. and learned gentleman bad delivered at Carrick-on-Suir Jaime.
diately before he (Mr. Doherty) went to attend the Cork Commis-
sion, and at a time when the hon. and learned gentleman regarded
him with no very favourable eye. (Here the hon. and learned mem.
ber proceeded to comment on the speech in detail, and some pas-
sages of it alleged that the catholics ought at that time to look upon
their opponents with double distrust, as the orangemen were are
rayed against them, and wished to lead them to destruction in the
same manner, as those unfortunate persons who were drawn by
wretches to the gambling.table for the purpose of being ruined.)
Thus (said the speech) were the cstholics drawn to ruin in the
unavailing hope of obtaining justice. He (Mr. Doherty) put
it to the house, whether any thing was more likely than this to
work upon the passions of an easily-excited peasantry.--
The house would observe that; in reference to the affair of
Bonisokeen, the honourable and learned gentleman had told
the meeting, in his speech, " This is a subject for parliamentary
inquiry, and the Solicitor-General should be called upon to as
for his conduct." The honourable and learned gentleman
took credit to himself for not having brought forward this question
at an earlier period, when the late trials at Cork were pending.—
Would that the hon. end learned gentleman had abstained from ar-
raigning his (Mr. Doherty's) conduct before the populace, who in
all cases acted more from the impulse of passion than of reason !
The lion. and learned member next referred to a speech delivered
by Mr. O'Connell, at Youghal, on the Ist of Nov. last, upon the
occasion of a public dinner being given to hint. The house would
see, continued the hon. and learned member (Mr. Doherty), that this
speech was delivered exactly three days after the trial, in which Mr.
O'Connell had appeared as Counsel for the prisoners at Cork, and rue-
ceeded by Isis ingenuity in raising a material point in their favour. In
that speech the hon. and learned gentleman, among other expres-
sions of a similar tendency, made use of these words s--" I shall
make the conduct of the Solicitor.Oeneral an object of parliamen.
tary investigation. What, I will ask, becomes his professions,
when we compare with them his conduct at Clonmel, and that which
he has pursued at Cork ? What, I will ask, becomes of his
parade about public justice ?" In another part the hon. and learned
gentleman exclaimed, " I hope in Goo what I now say will be
borne on the wings of the mighty press—that press against which
all the efforts of the Solicitor-General must prove unavailing."—
But this was not all—the honourable and learned gentleman
had represented him (Mr. Doherty) as " hallooing the country
gentlemen, against the wretched peasantry." What was he, who
had passed her whole life arsl/14 the people of Ireland, who had
been brought up and lived in the country—was he, whose
pursuits and avocations bssoght him into habits of daily
intercourse with the population of Ireland, to be thus held forth as
a person employed in ee hallow gentlemen against the
wretched peasantry ?" In to what he had already stated,
he might now ask the English gatlenut in that house what they
thought of the honourable sad hmeasi gestleman In proposing as a
toast, at this Youghal dinner, the beak of "the J
urorJ wino dike
rented front his eleven obstinate eollsagass ?" The juror
have dissented upon conscientious grounds, but was be on
account to be placed in direct contrast with his colleagues ran
object of praise and adoration ? If such s principleis Obi
was to be adopted there was an end altogether to the paw
and unbiassed administration of justice. The Itnenefhle
and learned member next proceeded to vindicate the mown in
which the juries were constituted at the trials both in Cork end
Clone, contendingoi: that lie had never rejected any person as a
juror at the of his religion. He maintained that, so kg
as ragman the trials at Cork, he could prove this fact from
enimpleshable testimony, the testimony of the Crown Solicitor,
a gee bettan of the highest honour and respectability, and who
was at that moment within hearing of what he stated. His in.
stistalias to the Crown Solicitor were, to reject no person in
=11:7of religion, while, at the same time, he told him
:s one half the jury should be Protestants, and the
An half Catholics. Was is at ha supposed that he, who had las
Inlibly proved himself the sun.istent advocate of the Catholic
ells, could, he a lave acted in the maw/ repesseand
by fro hew and Weal ? In the yaw ma, new dar
fysw.
_ant kened 9011wasn was &eked, bone a Olennase the
swans Quoins whether he thought that V be gamin wore
sewed by eememberi, any :dance would is laws be bad to the
Monies of relator between Protestant sad Cadd des lenews:
able meg banked gentleman answered=s Ile lignites...
Why, dot, did now ad in direct to tbet
and endeavour to perpetuate this invidious end Wins