The Sun. — 1848-10-02 (London, England)

ATTORNEY-GENERAL—You have exhausted your challenges, and the Coutat cannot allow you to strike off the name of Mr. Monsergh unless o❑ special cause.  Mr. WHITBSIDD said he was prepared to argue that the challenge should be allowed if the assumption that England and Ireland were under equal laws was correct. In 2d Hale, 267, the common law was distinctly stated to be that a person accused of treason was entitled to challenge peremptorily any number under that of ;three whole juries, that was 35 challenges, and this privilege was granted to him infaro • rem •itx because he stood arraigned on a capital charge. The Bth of Philip and Mary enacted that trials for high treason should follow the course of the common law. It remains to be considered whether  or not the privileges of the common law were taken away from Ireland' by statute, and he contended that the Act which was supposed to hare that effect did not apply to the crime of high treason but to that of petty treason, which was a crime of a different nature. The 9th George IV., for the better Administration of Justice in Ireland, in the 9th section, enacted that no person„ arraigned for treason or murder should he tatmitttal to peremptorily challenge over the number of 20, and if he do so that the challenge was not to be alloyed. He submitted, from the context of the Act, that the treason there spoken of was petty, not high treason, and that the offence to which the Act referred was but a felony. The Learned Gentleman quoted Hawkins, page 205, and other passages, to Below that the law treated petty treason in the light of a felony, and proceeded to argue that the Act' which was' supposed to strip the subject of his common-law right should be construed favourably when doiibt existed, and where his life was at stake, and Mat the prisoner was entitled to the number of peramptory oballengee allowed in cases of high treason be the law of England. The ATroae MT • GENERAL submitted that there was no questi.ia to be argued. It was unnecessary to4inqatire what was the common law of Ireland, M by the steteite of the 9th George IV., c. 64, it was enacted that no per-4m aisraignelfor " treason, or murder, or other felony," should be'permitted to challenge mare than twenty jurors peremptorily. There was such a thine. as petit treason, distinct from high treason, but he never had heard that the word " treason" did not comprise both. Mr. Feeatosteeen argued that, from the words " other felony," the treason first-named in the statute must Mean that species of treason which had been reduced to felony,snaux,ly, petit treason. The Loan Clit Er `ausr 13—: We are of opinion that the word." treason," comprises all treasons, and that it cannot be cut down to signify one species. Tile challenge was disallowed. Mr. WHITESIDE wished the disallowance to appear on the record. The LORD CHIEF JUSTICE —The words of the Act are, " the challenge shall not be allowed," let those %verde be followed. Mr. C. Going was then sworn. . The jury stood thus accordingly M. S. Monrergh (foreman), E. C. Moose, R. A. Gason, J. Going, Johd Lloyd, J :Perry, J. Russell, E. Penes father, •TeSadlier, J. Tuthill, S. Monsergh, and C. Going. The Clerk of the Crown then read the indictment. Mr. FLTZGIALD stated that he and his Learned Friend wished all the witnesses to le,ave the court. The ATTORN2I"-CrENERAL had 0' Objection ; but o-e gentleman, Mi. Hodges, was else' engaged on the part of the Government to rep )rt the proceedings on this occasion. General M`Donald also was summoned by the Crown, as well as Major Urownrigg, end it would hawdly be necessary for them to leave. He saw in court another gentleman, Mr. O'Hara, who waS summoned by the Grown, but, like the other witnesse% he had no control over him. Mr. Smith O'Brien—l do not object to General 3el`Doreeld. or Major Brewnrigg, but I do object to M. Ilfrodgee being present. Ire attended all our meetirtge, representing himself to he simply a _repealer, and prepared to prove only that certain words were uttered. He now .comas forward, 8.0(1 swears ilaat the words so uttered were seditioaand treasonable. r apprehend . therefore, that his character differs fetem that df ar Binary reporter, and I cannot think that tfis report would be a fair report. The Aaeroamme-