SUPREME COURT.

Globe, Volume XXII, Issue 1837, 12 January 1880, Page 2

SUPREME COURT.

CRIMINAL SITTINGS. Monday, Januaby 12. (Before His Honor Mr Justice Johnston.) The sittings of the Supreme Court were resumed at 11 a.m. TBS BIOT CASKS. The prisoners formerly charged with riot were brought up. His Honor said that now was the time when he must ask Mr Joint to decide whether he should challenge jointly or severally. Mr Joynt said that he had considered the question, and, as stated by His Honor, the inconvenience, both public and private, to challenge separately. His Honor said that he had not the slightest wish or intention to prevent Mr Joynt from taking any course that the law allowed him. He (Mr Joynt) knew what the law allowed to him, and he had a perfect right to use the powers so given him. Mr Joynt did not wish to say for one moment that his Honor intended to interfere in the slightest, but he bad considered the matter very carefully and had come to the conclusion that there was no other course open to him than to take the challenges jointly. If he (Mr Joynt) had to go over twelve case* he would be obliged to retire from the case, as he would ba unable, physically, to do so. Were ho to do so, also, it would be productive of very great inconvenience, both public and private. His Honor said it would not be productive of any good to go on with the discussion on this point. Mr Joynt was perfectly aware of the powers given to him under the law, and he (the Judge) would never say one word as to the use of power given by the law. Mr Joynt must take the responsibility of deciding for himself the course he would adopt. He, therefore, now asked Mr Joynt whether he was prepared to take his challenges jointly or severally.

Mr Jnynt said, that looting to the inconvenience, both public and private, which would result from harirg several challenges, he would take the challenges jointly. A jury was then sworn, of which Mr McGregor was chosen foreman. During the course of the impanelling of the jury, Mr Duncan challenged one juryman. His Honor said that this raised the question whether the Crown could challenge preremptorily. Mr Joynt said that he did not propose to raise this point. His Honor said that it was a point of such importance that it would be as well to consider it. So far as he oould discover from the law the Statute of George IT. did deprive the Crown of peremptory challenge in the strict sense of the word, but the practice was established afterwards that the Crown should not have peremptory challenge, but they should ask that jurymen they objected to should be asked to stand by till the panel was exhausted. When the panel was exhausted, the jurymen who had been requested to stand by could be sworn unless the Crown were prepared to show cause why they should not. This seemed from the decisions laid down to be the law. Mr Duncan said that was the law.

The jury having been empannelled with only three challenges, :■ Michael M'Avey, Thomas Hanley, Patrick Cuddihy, Thomas Magner, Patrick Shannaghan, E Murphy, Thomas Keily, M. Bock, S. Barrett, J. Flaherty, Thomas Woods, and M. Leary wore indicted on various counts for having riotously assembled and also assaulted divers porsors on the 26ih December last. Mr Duncan, with him Mr George Harper, appeared for the prosecution. Mr Joynt defended the prisoners. Mr Duncan called the following evidence :

Thoe. John Beresford —I went to the Orange Hull on Boxing Day morning to see the Protestant Alliance procession leave. It left about nine o’clock. I saw the procession crossing Cashel and High streets. I was at the corner of Lichfield and High streets. I saw a crowd at Birrett’s Hotel. I saw a number of men passing from High street past Mr Black’s shop as if to join the crowd at Barrett’s Hotel. I went straight to Barrett’s Hotel, and saw the crowd I had seen going down join the crowd I had first seen. They all went into Barrett’s back yard, and I saw the first eight or nine armed with pick handles. I went to the opposite side of Manchester street, and spoke to Eagle, who lived opposite to the Borough Hotel, also to a man named Moore. This was before the procession had arrived. I wont straight back to meet the procession up Manchester street. The procession was coming round the corner of High street. I told those in the procession to look out, as they were likely to bo assaulted. There were ninety six persons in the procession. When I told them this they went on the usual march step. By the time I had warned all the procession and gone along the whole lino giving the alarm the first of the precession had reached Barrett’s gate. I went straight to the front of the procession again and saw the men, who were armed with pick handles, come out and assault the procession. The e were aoout twenty or more armed with pick handles, who had been p oking them up as they were in the yard. The men came out of the yard and commenced to beat down the men in the procession with the pick handles. I saw seven or eight persons in the procession struck with pick handles and knocked down. I saw Tonejcliffa and Bust.® struck.

I do not know any of the persons who struck them. The assault caused a breaking up of the procession. There were a number of blows given. I took Huston, who I thought ■was dead, out of the side channel and took him to the Hospital. I noticed the flog in front of the procession. It was not the Orange flag, though I believe there was orange color in it. Some of the men had orange sashes on. Huston wore one. Two of those who were struck had orange sashes on. Some of the others had also, but I could not identify thorn. There were about forty or fifty men altogether in the yard at Barrett’s, some of whom were in the act of picking up pick handles and arming themselves. I can identify Hanley as being amongst those who went down High street and joined the crowd at Barrett’s. I know Thomas Adams- He was in the procession. Toneycliffo was also in the procession. Ho was one of the marshals of the procession. I saw him take a pick handle from a man. I sew Toneycliffo struck. The police did not come up before I left. Cross-examined by Mr Joynt—l am an Orangeman. lam Grand Secretary for the Middle Island of New Zealand. I do not know that the Protestant Alliance is an Orange society. It has nothing whatever to do with the Orange Institution. There were several persons in the procession wearing orange scarves. They were Orangemen who also belong to the Protestant Alliance. There were also a number of Orangemen who were not Protestant Alliance members. About half the procession were Orangemen pure and simple. The flsg had nothing to do with the Orange Institution. It had orange and blue colors in it. There were two banners in the procession. The second was an orange banner, belonging to No. 2 Christchurch Lodge borrowed for the occasion. The banner is in the Orange Hull. Mr Joynt pointed out that he had expressly requested Mr Mellieh to hare this Danner produced, as ho wanted to ask this witness some questions on it. His Honor ordered the banner to be cent for.

Cross-examination continued—The Orange Institution is not a benefit society. Members are sworn not to reveal the secrets of the order. They are not sworn to obey the orders of their superiors. His Honor—Do you intend to show that the Orange Institution is an illegal one ? Mr Joynt—l do, your Honor. Witness —The obli ation is simply to keep our business to ourselves.

His Honor—Does not the same thing apply to the Masonic body ? Cross-examination continued —The banner had on one side the representation of a man on horseback. You may take this for what you like. To mo it is King William crossing the Boyne. There were the words “Derry,” “ Enniskillen,” “Aughrim,” and “Boyne.” “Derry” refers to the “’Prentice Boys.” The mottoes refer to occasions when the Protestant cause gained an ascendancy over the Popish. This is the first disturbance I have witnessed. I know the exhibition of these colours have caused disturbances. I think that Catholics would be very ignorant to beirritated by the display of these colors. I do not know that the display of these colors are extremely irritating of the lower and more ignorant classes of Roman Catholics. I have worn the colors myself and never been insulted. I was not an Orangeman in Ireland. I come from Belfast. I never saw a procession wearing these colors

Mr Joynt—l am glad to hear it, and I hope It will never be done here.

Cross-examination continued —The law prevented the procession* wearing these colors. One of the processionists at the bead of it carried a sword. It was carried on his own authority, and had nothing to do with the Orange Society. When I was getting Huston into the cab the man referred to held the sword quietly over hie arm ; far more quietly than I should have done. I should certainly have tried to protect some of the poor fellows who were being knocked down. Hanley was with the crowd going down High street. He seemed to be excited and hurrying down to the corner. That is why I noticed him. All the crowd seemed to be excited.

Thomas Adams—On Boxing Day last I was in the procession of tho Protestant Alliance Friendly Seoiety. lam an Orangeman, as well as a member of the Protestant Alliance. The procession went from the Orange Hall to the Borough Hotel. When the procession arrived near the Borough Hotel a lot of men rushed out with pick handles. About twenty or thirty rushed out I recognised Hanley as being one. Hanley made at me with a pick handle, and John Graham, who was marching with me, was knocked down, I was in the act of stooping to pick up Graham when Hanley made at mo -pith a pick handle. I rushed on him, and ho struck me with the pick handle on the right arm. Hanley was so excited or nervous that when I threw my arm round I took the pick handle away. Just when I got hold of the pick handle to use it in self defence, I got a blow which threw mo inth the channel. I got my wife and family away as soon as I could when I got up out of the channel. I saw two or three of the processionists knocked down, Huston amongst others. Hanley is the only one of the accused I can identify. Cross-examined by Mr Joynt—l had an orange sash on. The Protestant Alliance men were to take the lead. The Orangemen were invited to attend in the procession. The two institutions of Protestant Alliance and Orangeism are not connected except that they are all Protestants, and many of the Alliance' men are Orangemen. I cannot say whether many of the processionists took pick handles from those who attacked them.

Alexander Huston—On Boxing Day last I was in the procession of the Protestant Alliance. We got the length of Barrett’s Hotel. I was in the front of the procession. I saw a lot of men standing near Barrett’s Hotel with pick handles in their hands. I got a stroke along the ear with a pick handle. The men made a rush oil the footpath with fick handles. I had to be taken to the ospital. I saw Cuddihy on the footpath just before I was struck. He had a pick handle in his hand. The men were opposite the door leading from the yard behind Barrett’s Hotel.

Cross-examined —The people rushed off the footpath quickly. I recognised Cuddihy on the footpath. I saw the prisoner on the following Monday. I wore an orange sash. I am an Orangeman, and not a Protestant . Alliance man. I was up in the front of the procession. John Graham —I was in the procession of the Protestant Alliance Friendly Society on Boxing Day. On reaching Barrett’s Hotel we were stopped by a number of men coming out from Barrett’s Hotel and the yard. They had pick handles and other sticks in their hands. They ordered the flag down —the Union Jack. They said, “Lower the flag.” Cuddihy was one of the crowd. They pulled down ti e Union Jack and hammered all round about. I was in the front of the procession. I was hit in the forehead and knocked stupid for a few instants. I identify Cuddihy as teirg present. After getting up I was taken in a cab to Dr. Prins. Cross-examined by Mr Joynt—l have seen Cuddihy before at Barr-tt’s, from the Monday before Christmas. The men ordered the Union Jack down. Below the Union Jack was a Bible and crown on an orange ground I think. I wore an orange scarf. I am an Orangeman. By His Honor —I suffered for five days from the effect of the blow.

Joseph Johnston—On Boxing Day, I was in a procession ef the Protestant Alliance. We were stopped by a number of men coming out with sticks in their hands from the Borough Hotel. I saw them rush forward to take hold of the flig. I know no more, as I was knocked down. I saw Cuddihy there that day. Ho had a pick handle in his hand. I was knocked insensible. I was picked up opposite the hotel. I was struck on the side of the head.

Cross-examined by Mr Joynt—l saw Cuddihy stepping off the footpath at the commencement of the row. He had a pick handle in his hand. I am au Alliance man and not an Orangeman. I wore a sash of blue. The Alliance colours arc blue and orange. Mr Joynt—Very near that of the Orangemen, which are orange and blue. Cross examination continued—Ouddihy was tbe first man that I took notice of. I saw him again at the Police Depot about the Monday after the Friday. I pointed out Cuddihy from a number of other men. I noticed him on the footpath. I took notice of his fane. I went to the Police Depot, in answer to the request of tho police in the paper, to see if I could identify ony one. To Mr Harper—The Protestant Alliance is a Benefit Society, registered in Australia. Thos. Edward Toneycliffe gave evidence corroborative of that already given by the preceding witnesses, and al*o described the Protestant Alliance flag which was pulled

down. Witness identified Cuddihy as one of the assailants, and also McAvey as having called out to the crowd to knock the policeman down with the pick handle rather than give it up. Witness also described the arrest of McAvey, and also stated that he bad a pick handle in his hand at the first part of the row. Hanley was also in the row, and was using a pick handle very actively. Wit ess also thought ho saw Wood there, but was not sure.

Cross-examined by Mr Joynt—l belong to No. 24 L O.L. I wore an orange sash on that day. Thero were three societies represented on the scarf, viz., a scarlet cross, an orange ground and a bunch of green. I am an Irishman and know what the national color is. I used tho pick handle in my own defence. I expect that |our party got hold of some of tho pick handles and laid about them. I never swore to a man named Teague. Tho rush was made for the flags. I was about the middle of the procession, on tho right hand side. I rushed forward to see what was tho matter when I saw the rush.

David Barrett gave evidence as to being in tho procession and also as to the rush made upon the procession. Witness recognised McAvey as being engaged in using a pickhandle.' McAvey was tho man who knocked Huston down.

Cross-examined by Mr Joynt—l was well forward in the procession, I was about opposite Barrett’s bar door when the attack commenced. One man came out to tho head of the procession and ordered the flag to be taken down, and he was followed by others who immediately made an assault upon the procession, I wore a scarlet sash and orange and blue ribbon. The struggle lasted for some little time. There were two rows, a slight lull intervening. ("Left sittine'.’l