« ZurückWeiter »
discussed before the Judges and decided The Chief Justice.-He cannot be exa. on by them, before and during the Trial. mined to make himself infamous in society.
Court or King's Bench, Dublin, Wed. I will not object, however, to any proper nesday, 20 Nov. 1811.-Dr. Sheridan question. was called upon his trial, and the following Mr. Johnson-A number of questions Jurymen answered to their names, and may be asked him to make the objection appeared in the box.
intelligible to the Jury, without asking an 1. Benjamin Geale, Esg.-Mr. Geale improper one. was asked by the Traverser's Council, if Mr. Burrowes. We have no witness to he had formed or declared any opinion prove the fact but himself, and we appeal upon the subject? But the question was io his conscience. The objection was over.ruled, and he was sworn.
over-ruled by the Court, as no sufficient 2. Peter Digges Latouche, Esq. sworn. proof was adduced. Mr. Sparrow was ac
3. John Roche, Esg. objected to by the cordingly sworn. Crown.
Mr. Burrowes.-If there are nine other 4. John Lindsay, Esq. ditto.
Orangemen on the pannel-we shall make 5. Bartholomew Maziere, Esq. do. no further observations. 6. Leland Crosthwaite, Esq. sworn. Robert Orr, Esq. objected to by the 7. John Orr, Esq. sworn.
Crown. 8. Richard Darling, Esq. objected to Thomas Meade, Esq. do. by the Crown.
R. Williamson, Esq. do. 9. John Duncan, Esq. sworn.
Thomas Jameson, Esq. do. 10. William Hutton, Esq. objected to Thomas Prentice, Esq. do. 'by the Crown.
N. Wade, Esq. do. 11. Thomas T. Frank, Esq. ditto.
John Hulton, Esq. sworn. 12. Francis Beggs, Esq. do.
W. Humphreys, Esq. objected to by the 13. Alexander Jaffray, Esq. do.
Crown. 14. John Pepper, Esq. sworn.
James Chambers, Esq. do. 15. Patrick Marsh, Esq. objected to by Wm. Wood, Esq. do. the Crown.
James Jackson, Esq. do. 16. Richard Geoghegan, Esq. do.
Robert Armstrong, Esq. sworn. 17. William Sparrow, Esq.—Upon the Edward Clibborn, Esq. sworn. book being handed to Mr. Sparrow, Mr. Charles M.Kernon, Esq. was objected to Burrowes objected to Mr. Sparrow, as by the Crown. being an Orangeman; the Chief Justice Thomas Richardson, Esq. do. declared that was no legal objection. Mr. Charles Pentland, Esq. sworn. Burrowes then proceeded to make his chal John Hamilton, Esq. sworn. lenge against Mr. Sparrow, that as an Of the above, our readers will perceive, Orangeman, he had malice against all twenty-two were put by, by the Crown, Roman Catholics, and, of course, against and none by the Traverser - The Clerk of the Traverser.-— The two first of the Jurors the Crown stated— Doctor Sheridan has who had been sworn, Benjamin Geale, Esq. been indicted for an offence, of which he and P. D. Latouche, Esq. were appointed | has traversed-you are to try whether he to try the challenge; and Mr. Sparrow was is guilty or not. ” sworn to give evidence.
Mr. Kemmis, the junior Counsel for the The Chief Justice observed upon the Crown, opened the pleadings. novelty of a man being sworn to give evi The Allorney General then addressed the dence against himself'; but if both sides Jury to the following effect :- I congratuassented to it, the Court will not interfere. late you, Gentlemen of the Jury, that the
Mr. Burrowes stated, that he had made long expected day of Justice has at last a fair appeal to the Counsel for the Crown arrived, and I am sanguine that the result to have Mr. Sparrow sworn, in order to of this day's proceedings will frustrate the shew that he belonged to a society hostile designs of treason, and give a check to the to the religion of the Traverser.
disguise of faction, and folly. The case Judge Day. If the man has taken an itself lies in a narrow compass, both with unlawful oath he is hardly bound to ac- respect to the law and the fact: it is, howknowledge it, as he subjects himself to a ever, connected with such a variety of serious indictment. If he has taken the matter, that I must trespass upon your Orangeman's Oath I don't know that he patience much longer than I could wish. could have taken an oath more unlawful. I hope the issue of it will be to restore our
peace, allay the discontents, and abate the That a Committee be appointed to inquire ferment which prevails in this country. into the Penal Laws, and make a report of Treason and disaffection, Gentlemen of the the same, within one month-all which Jury, have been but too successfully ex were carried unanimously.. That the erted in influencing the minds of the Committee to be appointed to prepare PeRoman.Catholics of Ireland, and the pro- lilions to Parliament, do consis!,- First ject of a Convention was detailed in Reso- of Catholic Peers, and eldest sons of Peers lutions of a certain Aggregate Meeting, and Catholic Baronets.- Second Catholic assembled in this city, the 9th of July last. Prelates.—Third-Ten persons chosen Tue Aggregate Meeting språng from a from the Counties, and the survivors of the Resolution of a Committee, which, for 18 Delegates of 1792 to form an integral part months, had acted a distinguished part, of these ten.- Fourth-Four persons from under the name of the General Committee each of the Counties in Ireland; which of the Catholics of Ireland. When I talk resolution was likewise carried unaniof treasonable views—bottomed in treason mously. These resolutions were merely and rebellion let me not be misunder- to throw dust into the eyes of loyal Ca. stood.-A great proportion of Roman Catholics. Fully aware of the law they were iholics are loyal and amenable to the laws, about to oflend, they professed obedience and look with alarm and dismay at the un to it while they were actually disobeying warrantable and false proceedings which it. Observe, they appoint managers to have taken place in the name of the Roman conduct Catholic affairs until a new Com. Carholics of Ireland. I do declare ihat a mittee is elected, an interim government great proportion of them are loyal, and was appointed not confined to a Petition to take no part in their projects. Some of Parliament, but to manage Catholic affairs them are misled, and are dupes, and made generally. By the Constitution the mache instruments of designs which they nagement of the public affairs is entrusted would abominate if they were to know to the lawful Government of the country. them. Young, men, in particular, of ardent But this is a disclaim of all Government, minds, have engaged in those political pur- and such proceedings are hostile to Gosuits, with no criminal object; they merely vernment. It is said, that an assembly so desire to raise themselves to police, and to constituted, would not act contrary to the make speeches. Some of those speeches peace and tranquillity of the country; but are most dangerous and unwarrantable, the a few respectable loyal nen in such an work of United Irishmen, labouring for a assembly, could be no guarantee for its s paration of this country from England. conduct'; the intemperate men, in all such Others are made merely for the gratifica. meetings, govern the rest. This Comtion of vanily, the authors not seeing that mittee took its rise from the last; look at they are acting adverse to the public what their proceedings had been. Their peace, and contrary to the success of that language had been so seditious, treasonable very Catholic Emancipation they pretend and indecent, that their Press, wicked and to be the advocates of. I will now call daring as it had been, was alarmed, and your attention to the Resolutions of the would not venture to insert some parts of Aggregate Meeting of the 9th of July. their speeches--but left chasms and blanks Here the Attorney-General read the Reso- in their paper, for that which they dare lutions, as follows:- First — That being not tell. Every Catholic of respectability impressed with the unalterable conviction felt himself scandalized by such wicked of the undoubted right of every man 10 and dangerous proceedings. Every loyal worship his Creator according to the dic man was calling out against such baretates of his own conscience, we deem it faced sedition. Government was blamed our duty thus publicly and solemnly to for not interfering. In February, howdeclare our decision, that no government ever, they were about to terminate their can inflict
any pain, penalty, or privation, sittings; a circular letter from the Comfor obeying that form of Christian Faith, mittee was issued to call a renovation of which, in his conscience, he believes to be itself; inen, and not before, Government right. --Second That we again Petition interposed, not by a measure against law, the Legislature for a repeal of the laws af. it merely signified to the Magistrates fecting the Catholics of Ireland. Third — throughout Ireland, that the intended elecThat, in exercising our undoubted right to tions were against Statute Law, and should Petition, we will adhere to the ancient be prevented. This had the desired effect; forms of the Constitution, &c.—Fourth for a time it was abandoned. Several re
spectable members of the Committee who month? Because there is a Rebel party had left it, however, went back to it, be- and a party of United Irishmen at work, lieving, perhaps, the existence of it was and who now endeavour to effect by artiuseful to the cause, their presence was a fice what they could not do by force in restraint upon the rest, and a Committee 1798, and in 1803_they may have an was from that circumstance not interfered object in calling a National Convention, with until the close of their sittings. The because such desperate, wicked ånd facmeeting of the 9th of July was composed tious persons always sway such assemblies. of some of the members who had been How was this Convention to act but by guilty of the greatest excesses. It is im the example of that Committee, out of possible not to conceive, however, that which it was to spring ?-What rules or there was a portion of well meaning men orders were to govern them? Our Parliaamongst them. It was then held out to ment cannot meet but by order of the the loyal Catholics of Ireland, that their King, and cannot sit a moment longer attention was merely called to the Peri than he pleases. But this Convention, tion, and for that purpose it was necessary self-created, has no law but its own discre. to elect a Catholic Convention—but see tion-such an assembly can never be towhat the substance of the Petition lerated under any form of government. which was thus made a pretence of assen- This is no contest between the Govern. bling this Convention. In order to shew ment and the Catholics. I deny it. It is what little deliberation is necessary to
a contest between the law and the viola. frame a petition, I will state to you, what tion of the public peace.
Goveroment the state of the Catholics was in the year
would be unable to stand, if it was ob1778, and what it is now.
liged to submit to such things. The Press (Here the Attorney General went into says the right to Petition is attacked-it a statement of what the penal laws were is no such thing. Because Government at that period, and their gradual repeal, stops a National Convention, can it be and wbat the restrictions were which still said they stop Petitioning? Because the continue. In running over the list of Catholics cannot have a Parliament of penal laws he mentioned one which en their own, do they complain of not having couraged the son to rise up in rebellion he Right lo Petition The Attorney against the father, one which dispossessed General then adverted to the origin and a Catholic of his horse if it was worth necessity of the Convention Act, which more than 51. &c. &c. &c.; and when he was adopted in consequence of intended ended a narrative of this description, a meetings proposed by the North of Ire. smile of contempt at the bigotry of those land. He then proceeded with great indisgraceful times, spread through the genuity and ability, to comment on the court, and created a temporary interrup- Convention Act, and its applicability to tion. The Attorney General, when this the case of the Traverser, but we must subsided, proceeded).-Let it not be un defer the remainder to allow ourselves derstood that I mean to speak lightly of time to detail the evidence. these matters; I acknowledge the repeal John Shepherd was the first witness callof them are laudable objects for men of ed, was examined by the Solicitor Gerank and talents to pursue.—But what is neral. He said he was a police officer. the object of the Petition? Those restric. He attended at Liffey Street Chapel on tions can be expressed in a narrow and the 31st of July last according to direcconfined compass. Persons capable of lions. He knew Dr. Sheridan. The reading and writing could form a Petition Meeting was large, but he could not take at once, and without dilliculty ; and upon himself to say how large. Dr. Shetherefore to talk of collecting a National ridan was in the chair
. Heard Mr. KirConvention for the purpose, is an imposi- wan address the Chair, and make a motion upon common serse, Their Petition tion for a petition to the Prince Regent has been again and again presented to and both houses of Parliament for a ReParliament; it has been discussed by peal of the remaining disabilities which Parliament, and has never been rejected affect the Catholic body. The question for want of form. Why has it therefore was put upon tbis motion by Dr. Sheridan, been now thought necessary to summon a and it was carried unanimously. He reConvention to deliberate upon it: to call collected another motion for appointing a a Convention of 500 persons, to act in the Committee of five, to represent that parish capital, day after day, and month after in the General Committee-he omitted
those particulars, appointing a Committee, it was the first. He read another which he to prepare and present a petition, and said was like the second; but it was not at transact the business of the Meeting in all so foll.] He swore positively to the the General Committee. It was not in word represent—oh! he begged pardon, he his recollection that this motion was put meant prepare or present, When he said in consequence of any former Meeting. prepare or present he did not mean to say The motion of appointing five Delegates represent. He did not doubt but a written was put by Dr. Sheridan.
There was document would give a better account of some difference as to the mode of electing the proceedings than he did. He again the five: it was proposed at length that said he thought the only object of the seven persons should be appointed to se meeting was petitioning. Did you not,' lect five out of a list which was furnished. said Mr. Burrowes, talk of transacting The proposal was carried, of the seven other business.' [In answering this the persons who retired two alone, as he could witness seemed to have a confusion of perceive, for he was in a situation to com- ideas.] Five delegates were appointed, mand a general view, returned.
but he believed that petitioning was the obOne of the persons returned, handed a ject of the meeting. There was no business slip of paper to Dr. Sheridan. He be- but about petitioning. Did not recollect lieved Dr. Sheridan handed the slip of where they said would transact business. paper to another, and from it were read He believed Liffey-street included the the following names; Dr. Sheridan, Tho- parishes of St. Mary's, St. Thomas's and mas Kirwan, Henry Edmund Taaffe, St. George's. He took a memorandum of Francis Sweetman and Richard Shiel. the proceedings of the meeting, but has Dr. Sheridan was removed from the it not now. He had it ten days ago; knew Chair, and Dr. Burke took it and put the then he was to appear in this case as a wito question of Dr. Sheridan's election, which He was not desired by any one to was carried unanimously. Dr. Sheridan leave the memorandum at home. He does then resumed the Chair, and all the new not know but it is in his desk. If he had nominations were carried unanimously it he would bring it. He looked in his with the exception of one. Mr. Kirwan, desk and could not find it; yet it may be and Mr. Taaffe returned thanks for the in his desk. He was sent to this meeting honour of their election. Mr. Sweetman as to others; and he told those he had a was not present, but some person spoke right to tell what took place. He believes for him. Mr. Shiel was in London, and he gave his report to the Magistrates. this was the reason of an opposition being | He does not know to whom he gave it. made to his nomination. Dr. Sheridan Alderman Pemberton, Counsellor Hare, left the Chair and Mr. Taasfe took it, when and Major Sirr, were present when he the thanks of the meeting were' voted to gave it. He thought that Major Sirr and Dr. Sheridan. The motion was carried Counsellor Hare were together when he unanimously, and Dr. Sheridan merely gave it in. He said he had General Orders thanked the meeting. Liffey-street Chå- to attend the Meetings. “ Those General pel is in the parish of St. Mary. No Orders did not come from Heaven," said other business done but what he related Mr. Burrowes," and from whom did they could not swear that he was at Fishamble come?” Sometimes from the Magistrates, street on the 9th of July.
and sometimes from the Chief Constables. Cross.eramined by dr. Burrowes. -Ile He acknowledged he swore informations was of the Established Church. Did not against Dr. Breen on hearing of his name. go 10 Liffey-street Chapel as a member of All he swore was hearing of his name. the meeting. It was open to every one. Ile swore the information before the Chief No concealment. There was no abuse of Justice. He did not see Dr. Breen. The any individual or government. He could Second Clerk of the Police Office swore discover no sedition at the Meeting, from against some others; it was not on his in. the respectability of the persons who at formation Dr. Breen was arrested. This tended he would be surprised to find any meeting did not last half an hour. thing of a seditious tendency. Ile be James M Donough, examined by Ser. lieves the Meeting met to Petition Parliament jeant Ball. He is a clerk in the head and to Petition Parliament alone. He be- police office. Was on the 9th of July at lieves the resolutions were read from a Liffey-street Chapel with Shepherd. written paper. [Here he was shewn a He beard Mr. Kirwan move five persons brief containing a resolution; he believed to present a petition and to represent that
parish in the General Committee. [He , mation before us, you do not speak as 10 answered the matter of course questions your belief-you swear positively that without differing from the other witness.] | Doctor Breen one of ibe persons
Cross-examined by Mr. Burne-Shep- chosen. herd and he went together by order of the Chief Justice.—Then you swore positive. Magistrates, either Hare or Sirr. Is a ly to a man whom you did not see. clerk. Took notes of the proceedings Witness ordered to retire. according to order. He does not know Mr. Burrowes then addressed the Jury. what became of his notes. He saw them The Learned Council began by arraign(like the other) len days ago. He did ing the conduct of the Crown in the fornot give his notes to any Magistrate ; nor mation of the Jury. He lamented to have was he asked for them ouly once by Mr. witnessed that more decency, or the apHare. He did not give them then, but pearance at least, if it was no more,
of the informations were grounded upon them. justice on the part of the Crown. He He did not see them since he looked at did not lay any blame to his Majesty's them last. He does not, know on what | Attorney General. It was notorious that occasion he looked at the notes. He be. on the Jury, there was not a single Ca. lieves they are in his desk or elsewhere. tholic, in a cause, in which the Catholic (He was asked to repeat the Resolutions; Interest was so deeply concerned. He and he seemed to be as undecided as the reflected upon the circumstance with pain, other witness on strictness of expression. not unmixed with a considerable portion He believed the word “ We present" or of dismay, that in a City, nine tentbs of something like it, was in the Resolutions.) whose inhabitants consisted of Catholics, He believed the Resolutions were not one was to be found on a Jury in which paper; and that the Chairman spoke from the Catholics were to be tried. It was, he a written report. He did not see Dr. Breen feared ominous for the Country, when Gothough he swore an information on which vernment had recourse to such paltry are he was arrested. He heard the name of tifices. . Nay, the only Catholic on the Dr. Breen mentioned.
pannel was instantly objected to-but Francis HUDDLESTON, commonly called that was not enough for the Crown-it Captain Huddlestone, was next examined was not content with objecting lo the soand cross-examined. He is now, it ap- litary Catholic-but in the spirit of libe. pears, a news paper reporter, has been a rality which so very honourably distinCaptain in the army, has been in the guished the Administration of the Country, Barrack Department. He gave an account it objected against twenty-two_Protestants of what passed at the Meetings of the Ca- upon no grounds whatever. These Pro. tholics in Dublin; he stated the purport testants, it should seem, were under the of the resolutions that they entered into; suspicion of being suspected as friends to and gave an account of the part which the great Catholic Cause.
But the very the defendant took therein. -Here circumstance of these shameful challenges ended, the proceedings on the 20th of put the present Jury in a most delicate Norenber.
and awful situation. The eyes of the On the 22nd the Trial was resumed, Country were on them. From the parwhen the Chief Justice called on Mac tiality evinced by the Crown to their seDonough, a Clerk in Major Sirr's Office, lection from among so many of their ex. to explain ceriain parts of his evidence cellent and liberal fellow citizens, it would which, in his Lordship's mind, were con- naturally be concluded that they were tradictory and inconclusive. The witness prejudiced, and illiberal. He did not in was examined by the Court, and appeared sinuate that they were, he believed in bis very much dashed and confounded. He was heart that they were not-but see the siasked, whether among these persons sworn tuation in which they were placed by the to in the information he had mentioned Crown-a situation he would contend not Doctor Breen as present.--He could not only indelicate but almost unconstilyactually say that Doctor Breen was in the tional. They would, however, he felt Chapel at Liffey street-heard his name convinced, risk themselves from the peto the best of his recollection mentioned- culiarity in which they were so unhanddid not see him in the Chapel-knew his somely placed, as contradistinguished person, and heard that he was one of those from the remainder of their fellow.citizens. concerned in the delegation.
--Mr. Burrowes then, at great length, Mr. Justice Osborne.-But in the infor- went into the subject matter of the trial