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Connaught Journal; 3 Jan 1825; Commission Court, Dublin

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  • Cathy Joynt Labath
    THE CONNAUGHT JOURNAL Galway, Monday, January 3, 1825 COMMISSION COURT - Green Street Dublin, January 1, 1825 This day, at one o clock, the Commission was
    Message 1 of 1 , Dec 24, 2006
      Galway, Monday, January 3, 1825

      COMMISSION COURT - Green Street
      Dublin, January 1, 1825

      This day, at one o'clock, the Commission was opened by Mr. Justice Jebb
      & Mr. Justice Moore. Long before the arrival of the Judges, the various
      avenues to the Court were crowded to excess, and the most intense anxiety
      pervaded all classes, as to the swearing in and finding of the Grand Jury.-
      Every precaution was adopted by the Sheriff to prevent the intrusion of the
      crowd, and a number of additional constables were in requisition for that
      purpose. Mr. Sheriff Warren was also most attentive in procuring every
      accommodation for the Reporters. At half-past ten o'clock, Mr. O'Connell,
      accompanied by Messrs. Wallace, Holmes, Perrin, O'Loughlin and Sheil,
      entered the Court; they were shortly after followed by Messrs. J.S. Townsend
      Scriven, M'Kane, and R.W. Green, on behalf of the Crown. Several Gentlemen
      of the Bar, not in costume, now arrived, and took their seats in the back
      benches. Immediately after the Judges, accompanied by the Lord Mayor and
      City Officers, arrived, when the following Grand Jury for the City was sworn
      Hickman Kearney; John David Latouche; Abraham Lane; Edward Croker;
      Addison Hone; George S. Carlton; William Jackson; J.S. Taylor; George W.
      Boileau; Isaac Hynes; James Moore; Henry Peile; John Alley; Thomas Hunt;
      Samuel Fisher; William Porter; Thomas Wright; Paul Chambers; Robert Hyndman;
      James Jackson; William Ring; John Herron; John Phelps.
      Mr. Justice Moore then proceeded to charge both Grand Juries.
      Addressing himself to the County Grand Jury, he said that they deserved
      great praise for their attention to the peace of the County, in the
      establishment of the Constabulary Act. It was an Act calculated, to a great
      degree, to preserve the peace of the kingdom, if administered in the proper
      spirit of its provision. Turning to the City Grand Jury, the Learned Judge
      adverted in strong and forcible terms, but in a low and indistinct tone, to
      the evils that combination had entailed on all classes of the community.-
      The system of illegal affiliation, commonly called the Union of Trades, was
      the most outrageous infraction of all law, subordination and order - it was
      a system of despotism. These persons dared to dictate to masters what
      persons they should employ, and what materials they should use. But in a
      late case - thanks to the resolute conduct of the Messrs. Hutton - their
      machinations had been in a great degree frustrated. It was not, perhaps, in
      the power of the Jury to put an immediate stop to these malpractices; but it
      behooved all classes of his Majesty's subjects to come forward, and
      unanimously resist measures disgraceful to the national character, and
      subversive of all settled principle.- Was it to be endorsed, that workmen
      should say, you shall not use English wrought iron- that you shall only
      employ such and such men, and this, after the splendid bounty which England
      had manifested to this country. In fact, if this system was to be persevered
      in the system of life must be changed. If the principle of an interchange of
      commodities were interfered with, commerce must stagnate & manufactures
      decay. He had addressed the Jury at some length on these topics, as he was
      persuaded that the system and principle of combination societies was similar
      and analogous to the Whiteboy system in the South. What was the essence of
      both? Mystery and illegal confederation. It, therefore, became the citizens
      of Dublin to resist an order of things so frightful. He was himself well
      aware, and had practically experienced the evils of this system.- Some
      persons, whom he had sent to repair a house in a state of decay, at
      Clontarf, were subjected to the violence which had latterly been so
      prevalent in the streets of Dublin. He would not detain the Jury longer on
      the subject, but would revert to another. He perceived by the indictment
      that bills were to be sent to the Jury in the case of an individual on
      charge, the nature of which he should find it necessary to explain at some
      length. The principle that he would adhere to in this case would be the
      principle supported by the first Law Authorities in these Countries - he
      meant the English Court of King's Bench. In the case of Sir Francis
      Burdett's Leicester-Letter case - it was determined that the words should be
      expressed, and that there should be no ambiguity- in fact, that there should
      be an identity of persons as well as of words. They should apply this
      doctrine to the case of the individuals before them. They should first be
      sure that the persons words were spoken. Secondly, that they were spoken by
      the person charged with having uttered them - and, thirdly, that these were
      of the nature and tendency described in the indictment, that tendency should
      be unequivocal. It should have the effect of alienating the minds of his
      Majesty's subjects (as we understand) or of producing change by unlawful
      means in the Constitution as by law established. It was necessary that this
      tendency should be strictly proved, and that was matter of inference for the
      Jury to decide, when the express words were testified. It would then be
      necessary to consider the intent with which these words were spoken- whether
      the person uttering them, taking into account their spirit and context, the
      time when, and the place where uttered, had a seditious and unlawful
      intention in uttering them, or whether they were spoken in the plain and
      ordinary sense, without any such meaning. This was all matter important and
      indispensable for their consideration, and it was necessary before they
      found the bills that the person of the Speaker should be identified, and
      that his intention in uttering should be similar to that described in the
      indictment. The Learned Judge concluded his Charge at a quarter before four
      Mr. O'Connell appeared in excellent spirits, and it was rather
      ludicrous to observe the playful familiarity with which he and Mr. J.S.
      Townsend conversed.
      The following Witnesses were then called, previously to the sending of
      the indictment to the Grand Jury:
      Charles O'Flaherty, Reporter of the Morning Post, sworn.
      Samuel Nolan Elrington, answered and sworn. On this Gentleman's coming
      to the table, he stated that his real name was Nolan, and that he assumed
      the name of Elrington for a particular purpose. The Judge then directed Mr.
      Elrington to be sworn.
      Joseph Byrne, Reporter for the Star, sworn.
      R.N. Kelly.- This Witness was called four times, but did not answer. he
      was ultimately fined £100.
      Leech was called four times in a similar manner and fined a similar
      A person here called George Barclay, Town Clerk's Office. Much
      merriment was excited by this Gentleman's getting on the table, as if he
      were called to the Jury. It was, however, intimated to him that it was at
      the Town Clerk's Office he was wanted.
      Immediately after the sending up of the bills, Mr. O'Connell left
      Court, accompanied by Mr. Perrin and his solicitor, Mr. Kildahl. On
      appearing in Green-street, Mr. O'Connell was greeted by the most
      enthusiastic cheers from the populace, who assembled in great numbers, and
      who continued following him down Capel-street, Parliament-street, and
      Dame-street, notwithstanding his frequent remonstrances, even to his own
      house in Merrion-square.
      A strong detachment of Horse and Foot Police were stationed in
      Green-street during the whole of the day.
      Quarter to five o'Clock.
      Candles have been lighted and the Jury have not as yet returned their
      findings. The Court continues crowded.

      Cathy Joynt Labath
      Ireland Old News
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