New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-08-28
Trial OF O'Doherty.

Trial Of O'Doberty.
The Clerk Of the Crown then called Keyr lzod ono
herty 20 the bar,
Mr. ODoherty stood forward. and the Clerk Of the
Crown apprsed him. in the usual form, that IUiy was
about 10 be cmpenelled 10 try him, and eXplaled 70
him the extent OF his right of challenge
The Clerk Of the Crown then proceeded TO cell The
panel. A sufficient number not having answered, the
Acknowledgement applied 20 the Court mat the Jurors
named on the panel should be called sgain on hnes
The Clerk OF the Crown then went over the panel
again, and the names were called by iae crer on the
fines Of Goethe number still appearing deficient
The Chief Baron said that II both parties desired II,
he would direct that the panel should be called agan
on higher fines.
The panel was then called over third time on 60
fines Several answered and the swearing Of the jury
wss proceed with
Considerable time then occupied in forming the
Jury on account of the number Of persons challenged
on both sides amounting in all to y. long discus.
sion arose concerning the challenge made By the De.
fence against John Phayre, for being cit burgess
ending in lis being finally overruled John Joseph Nolan
aside by the Crown for being one Of H. seca-
rites Of Mr. Delany of the Nation The iary Il was
finally empaneled, stands as follows
Samuel B. oldham Suffolk IT. Richard = BuIgh, -
Abbey-st Edward BIRMINGHAM BrunsV * Il Rich.
ard Collier t. WcklOws -. George leatcs v' a. ohst
William Reid. Palace st George Nesbit, Dawson -
John Kcrshaw Parliament st. Blsney Mitche' 'hbey
It, Chsres Mathers Lensier a. Thomss .uar',
Peter-st
Mr.. ODoher,y having been given in charge snder
the indictment.
The Attorney General proceeded TO addres. the Jury
as follows: The prisoner Mr.. Kelvin izod Ohohefy,
stands charged before you with the commission oi an
offence of very serious character lie u cA-l / win
the commission of felony, and the colscque ces OF
hs conviction must necessarily be- 10 him very rious
indeed. The law declares that the offence with which
he Is charged Is felony but though the law maE's II
charge of felony i, does not afN any certain punish
ment TO that offence ~ 10 IL discretionary wan me
Court under all the circumstances OF the case rs to the
extent ot the punishment may nfict II - not gen
tlemen. a capital felony It H. however, ei'ny which
may be- punishable either with Imprisonment or trans
pOration and that transportation may extend to NE
iu period of the life of the accused. mention mat
merely tor this purpose that you being aware ot m"
very serious Of the charge quite sure VIII
1--WE your calm deliberate. and full attention 10 the na
ture Of the charge which Is TO be brought forward and
the evidence that Will be adduced on the part Oh lhc
Crown in support of IL
Tn. charge against him relieved from legal FORM Is
founded on an act OF Parliament which in a very lew
words defines the crime the subject matter OF ms m
dciment The charge t. that since the passing OF TINS
act which received the royal the 22d OF April
of the present year Mr. ODoherty did compass
imagine invent devise intend 10 deprive or dcpose
our lady the Queen from the style, honor and royal
name OF the imperial Crown OF the United Kingdom
That gentlemen. j. OF the charges against him
Another of the charees-tO prove which the eyi
dcnce will be brought forward in the other cGse-is
that he did also compass imagine invent devise or m
tend TO levy gnst her Majesty within the United
Kingdom IN order by force and consrant, to compel
her to change her measures and councils Roth these
charles you will recOllect are not much act
done, of mental determination on the part OF the
individual Ii is not charge that this gentleman ac-
tuay levied against her Msesy-it - not ;hargc
that be actually did certain act toward the dep son
of the Queen-it intending composing and imagining
these things of which MIR ODoherty has been accused.
The Attorney General then proceeded to qcote u
length the three articles from the IRISH 1rbuR refer
red b. in the Indictment They occupy page O.. the
FrecmGa's Journal and principally taken up with
directions tor barricsdc ordcations Nc. The Attor-
ney-Cicneral then concluded as follows;
do not attempt to put any forced construction on
these articles merely ask your calm attention To the
facis do not ask you give your attention 10 any
observation of mine farther than they may accord with
your own judgment myself have had to discharge
very unpleasant duty. do not OF course entertain any
feeling OF misplaced humanity, such AZ the prisoner
himself waRted 10 guard his followers against have
thought my duty honestly, fairly and emperatey 10
submit this to you the part Of the crown, with
such observations my judgment suggested. am not
capable even were inclined % do so, OF appealing 10
your feelings and have therefore confined myself 10
simpe statement OF the charges against the prisoner
aud the evidence by which they sustained. IL you
come 10 the conclusion that the articles have read
bear but the meaning which we impute 70 them IN
the Indictment it will be your duty on the oashs you
have taken md the prisoner guilty regardless oil any
consequences that may ensue.
Mr.. c. Vernon, registar Of newspapers in the stamp
Office was the rst witness exaninad d. lie proved that
Mr. Doherty OF the two joint proprietors OF
the Tribune newspaper, and alsO that tNO nuinrs OF
that pubcaon-one the let of July and the other OF
the -th-were LODGED with him in the usual CORE,
each bearing the signsture OF Mr. ODohery n ais
own handwriting.
To Mr. Butt-No copies Of the Tribune have been eit
with me these three weeks the publication Of the eth
Of July Was not sent by me to Mr. Opoherty WINE ne
in prison to get his signature attached 10 H.
Constable Mortimer Redmond OF the detective force,
was next examined by Sergeant OBrien-lhis Is my
name attached 10 the paper nov handed me ms
number Of the Tribune newspaper, dated Isl July
which bought IN the Office, No II, Trnitys,. the
other paper handed and which u dated July the
eth, was not purchased by me 80
The Attorney General handed in the lmbers of the
newspaper which he had proved, and stated mat MS
case had closed
Mr.. Butt objected to the handing in Of documents
which we're sufficiently proved. =.
Baron Pennefaiher said the proof was complete, Mr.
having proved tbs signature oil the prisoner 70
both publications.
Mr Butt said he was not OF the'-otherwise he
would not have made the objection.
The case TOR the prosecution hsvirg coscd,
Mr. Butt said it was not likely thai re case would
terminate that evening but Il the Cou y sne1 ne was
resdy TO proceed
the Jury should have time ~ read the articles over ana
10 reflect upon them they formed the subjec, matter
OF the prosecution -s..
10 o'clock this morning.
10 keep watch and ward the Jury who subsequently
we're conveyed 10 the Northumberland Hotel wnere
tn necessary accommodation was provided Tor tnen
An external communication with the Gentlemen oil the
Jury j. strictly prohibited
The EaroDean Tiles ofthe 18th adds ~ postscript
We have Just received our Dublin correspondence Of
las, night
The trial Of Mr. Kelvin Doherty resumed In the
Commission Court this morning.
Mr. Butt q C., addressed the jury on re part u INC
prisoner, at great length.
the solicitor. General replied on tn part Of the
Crown -.
Baron Pennefather charged the Jury ho n tired a,
quarter before o'clock and are sui -i"seted al tns
hour (halfpast ive.) .,..
The general impression sthat there WI . no Eiuc.
Denis Hobsn. printer Of the Irtohns "ss artasnso
for printing and publishing certain ediuou' aT'cs 10
mar psper The prisoner submitted, aud handed IN an
.tsdsrit In mitigation Testimony was pr0doced as %
M character Il was stated that his ponies tnlefso
o,n the VIE w. advocated In the Tribune, and mat ne
merely undertook PRINT the psper AZ matter Of
tn Attornev General left the MISTER to the Court
~, would not ssy word which could lead 20 the sup
no.ition that any excuse would tend 10 mitigate the
n srre made against the prisoner
Raron Pennefafher Our feeling 10 that We cannot
bold that person who incautOtsly allows his
ns 10 be N ade use Of for such purpose IL entirely
free from blame
The Court promised to consider the matter.
Attorney General have 70 apply &c your Lordshps
no, 10 discharge the City Grand Jury to-day aaye