STATE TRIALS IN IRELAND.

Auckland Chronicle and New Zealand Colonist, Volume 2, Issue 40, 9 May 1844, Page 3

STATE TRIALS IN IRELAND.

QUEEN'S BENCH, DUBLIN, Friday, Nov. 19. The Queen v. O'Connell and Others. Mr. Whiteside, Q, C, addressed the Court, saying that the traversers in the Crown prosecutions were in attendance for the purpose of pleading and were ready to come into court when sent for. The Chief Justice having stated that the Court was prepared to receive their pleas, a sheriffs messenger was sent for the traversers, and in a few minutes Mr. O.Connell, Mr. John O'Connell ihe Rev. Messrs. Tyrrell and Tiernejy, Doctor Grav and Messrs. Barrett, R ay , Steele, and Duffy entered the court, and took their places at the side bar, The Crown counsel then were—The Attorney and Solicitor-generals, Messr. Brewster, Q.C; Bennett Q C. Napier, and Holmes. For the traversers—the Right Hon. D. R t Pi go t, Q.C.; Messr. Moore Q. C , Hatchell Q.C; Macdonagh, Q.C Whiteside Q.C,; Henn. Q.C; O'Hagan, Close,PerriD, and Sir Colman O'Loughlen, Bart. The solicitors for the traversers—Messrs. Ford. Mabuny, Cantwcll, Cardan and Keilly were also in

attendance, Mr. Rea acted for the crown solicitor. Mr. O'Connell handed in his plea, whieh wasengrosed on a large skin of parchment, Mr. Ford stated that the document in question was Mr. O'Connell's plea, Chief Justice—Mr. Daniel O'Connell ? Mr. Ford-Yes, Mr. Daniel O'Connell. The Attorney General wished the Clerk of the Crown to read their pleas. The other traversers then severally handed in their forward to the bench, several of them wearing the Repeal button. The Clerk of the Crown then proceeded to read Mr, O'Connell's plea—Mr. Ford stating tbat they were all the same. COPY OF THE TRAVERSER'S PLEA. CROWN SIDE. Daniel O'Connell, John O'Connell, Thomas Steel*, Richard Barrett, Rev. Peter James Tyrrell, John Gray,Thomas M. Ray, Rev. Thomas Tierney, and Charles Gavan Duffy, at the prosecution of the Queen. And now the said defendannt, in Ids own pro* per person, comes into the courtjhere of our'ady the Queen, before the Queeo heiselt, and having heard the said alleged indictment read, and protesting that he is notguilty of the premises charged in the said alleged indictment, or of any part hereof, for plea in abatement thereto, nevertheless s ith that he ought not to be compelled to answer the said aliened indictment-, and that the same ought to be quashed, because he sailh that the said alleged indictment heretofore, to wit, on the 2d day of November, in the year of our Lord 1843 to wit, at the s'ud court of our lady the Queen, before the Queen herself, to wit, in the parish of sit. Mark, in flu county of the city of Dublin, was found a true bill, by the jniors aforesaid, upon the evidence of divers, to wi'. four witnesses then and there produced before, and then and there examined byj the ju rors aforesaid, were not, nor w;isanyof them prec vious to their and his being so examined by the jurors afotesaid, sworn in the said Court of our Lady the Queen, before the Queen herself, o> a cording to the provisions of a certain statute pissed in a session of Parliament, holden in the 56th year of the reign of his late Majesty King George the Third, entitled an act to regulate proceeding's of grand juries in Ireland, on bills of iudictment, to wit, in the pari.-h of St. Mark, in the county of the city of Dublin aforesaid, and this he is ready to verify, wherefore he prays judgment of the said indicmeut.and that the same may be quashed, and soforth. The Att irney-General objected to those pleas being received by the Court; and he had to apply to the Court to allow him time uutil to morrow morning to be fully prepared to bring forward: authorities to prove his view of the case. He would, howtv r, state shottyhis grounds of objection—namely, that the traversers were late to put in p'eas in abatement,"and that they should have put them in (if at all;■ when called upon to plead. He would look into the authorities on the point befo e morning, and in the meantime he called on the Court not to receive the pleas tens dered. Mr* Ford—The time for pleading expires to day. Chief Justice— Are exactly similar pleas tendered for all the parties ? Mr. Ford Yes, my Lord, and the time for pleading expires this night. Chief Justice Mr. Attorney-General, you wished to have the matter postponed until morning-, in order to consider it, and I don't think the apa plication Unreasonable. Attorney-General—Yes, my lord. Chief Justice—Then it must be without prejudice to the traversers, and the pleas should be taken as put in now. AttorneysGeneral—Certainly, my lord. Mr. Hatchell understood the case thus—The parties put in those pleas, one of which was read, and which was verbatim with the others ; they were, he considered, legally put in, the word, and as the traversers sought no extension of time, but complied with their recognizances, they should not be prosecuted tending their pleas. If the Atterney-General conceived that any of them ought not to be received, his course would be to move that they should be set aside upon such grounds as he might be best advised. The Attorney-General stated that it was a matter altogether in the discretion of the Court to say whether or not they would grant his application. If the pleas were not such as the parties were justified in putting in- that stage of the proceedings, the consequence would be, that he, (the AttorneyGeneral) would have to serve irotice to morrow, which would cause two or three days delay. Mr. Hatchell—The Queen's Bench decided that no motion should be made in those cases without notice, and if the Attorney-General wanted to move, he could give a notice to night, which he could move on-Thursday. Judge Crampion —It all comes to the same thing, or the Attorney-General can now make his motion, nd the Court can let it stand until morning. Chief Justice—The Court is not bound to go for either party, and if the Court be adjourned until to morrow or Thursday morning, it is the order of the Conrtj Mr. Whiteside —We are not bound to take notice to night for to morrow, therefore it will be between the Crown counsel and the Court, Mr. Fitzgibbon—lf the Court should determine to morrow tbat those pleas were not too late as pleas in abatement, then the time for pleading would be lapsed ; but if they are entertained uow", and determined on now, the traversers would be in time to plead at the bar. If the Court postpones considering the matter until to morrow, it would be the same as to day, except tbat the accused parties would be late in pleadiug. Therefore, all be asked was, that the Court would receive the plea at bar. The Attorney-General remaiked that when the discussion came on, all those matters would be in the consideration of the Court. What he wanted was, that the question should not be decided to day. Chief Justice—Then the traversers must not be prejudiced by the motion not going on at once. Mr. Whifeside—You will, when it does come on, argue it yourselves. It will be altogether between their Lordships and the Solicitor General. (Laughter). Ten or twelve hours notice is not sufficient in such an important ctse.

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