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Belfast Commercial Chronicle

01/02/1812

Printer / Publisher: Drummond Anderson 
Volume Number:     Issue Number: 1088
No Pages: 4
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Belfast Commercial Chronicle

Date of Article: 01/02/1812
Printer / Publisher: Drummond Anderson 
Address: Belfast
Volume Number:     Issue Number: 1088
No Pages: 4
Sourced from Dealer? No
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m - A V/ V NO MI; EH 1,088.1 SATURDAY, FEBRUARY 1, 1812. & ' RICE 5D, TRIAL OF THOMAS KIR WAN. COTJRT OF KING'S BENCH, DUBLIN, JAM. 27. [ Til. our Paper of Wednesday we published as much of the proceedings on this important and interesting Trial as reached u « at. the time our Paper went to Press; . we now resume the details from the Dublin Correspondent. The rc- ault will be fojnd in another part of this day's Paper-.] SHERIFF JAM? S calk 1 in. MrBunowes I have, my Lords, conferred with mv brethren, and we aie of opinion, that Mr. James is not competent to give evidence On the issue : and par- j How long,* before you madjf the last list, did you mat'-' the first ? About five flays, or a week. Did you make it after jr* u received the Venire ? It was. Was not the Mr Montgomery, who spoke to you about Sir T, Newt- omen, the man who moved the resolution in Die Corporation against the Catholics ? He was. Don't yjju Believe that in this pannel there are several sworn Orangemen' ? I cannot answer that. Mr BURROWS— Gentlemen, you are to try whether J this array was the nomination of the. returning officer of the City of Dublin, or the selection of tlu? Crown j Solicitor. The substance of our challenge is, that i the Crown Solicitor did, by management and illegal J, contrivance, procure a Jury to be returned, which ' would not stand, indifferent between the Crown and ticuftrly as Sir Charles Saxton is in Court who, if tlll! su(, j,. ct. jjut I humbly rely upon it, that the affir- « , lied upon, can best explain the transaction. We j| rn. itrv> of that issue will bewell maintained, even though submit our objection to tire Court. Ij ; t 3jK) u] l| not () e established, that the entire of the pan- Solicitor Genei al — My Lords, the only ground ji was arnycd by the management of the Cio> vn* So- « pon Which this objection could be sustained, is, that j; i; cilor. | f ; t cun " be proved that any practice or influ. Mr. Sheriff James would criminate himself. In the t. ncc was exerted, let that be ever so small, in tamper- \ first place no testimony that he can give here would tj ; ng. with the Jury who is to try this question. 1 He - v ence against him upon a^ indictment,— and if | g0 further.: if thai interference was, by any under- J iuig, acting even w ithout the privity of his master, " though that master might be morally exculpated from blame, yet he is accountable for his officer - it would be a pannel that ought not to try the pre- sent question, and the challenge ought to be allowed. The sole qu. » .; Uon for the Triers is, wh- ther d<: Jaclo, the pannel was tampered with, through the agency of any person connected with the Crown, their Solicitors, or anv person connected with the Sheriffs. If, through .- en- i, last, e \ ecpv". — • i J t . r i r When liad you completed this pannel in the form in which ^ any agency whatever, the purity of the Jury is as- it stood, before two or three era- sures were made ? I think, ' ' ' ' on Thursday morning last, in my house, the Sub- Sheriff I. On your ocih, on the forming of the par. nel, as it first stood, did you receive any suggestion, or nomination, or as- sistance, or directions, directly or indirectly, from the Crow 11 SjKcitor, cr any person employed by him ? On my oath I did not. Did ar. y person connected with Government dictat- to Jju, or iusii . iate, or in any way intimate, or solicit, or sug- gest a : insle name on that pannol, as it was first formed by you i Certainly i. ot. I see ! . or three alterations in it; were they made be- fore or ai'tcr you sent out the summonses for the Jury? There were three or touv alterations alter I sent out the - . the obj ction was to be made at ail, it. should be made b / himself, and not by the Counsel for the Traverser, who* do not wish him to be examined for fear of leav- ing his moral character to the mer- cy. of his oath. Justice Osborne. The objection only goes to his credit. The Court over- ruled the objection. Solicitor- General—( to Sheriff James.)— You prepared ) this pannel as Sheriff ? 1 did. When did you send out yoar summonses.? On Thursday evcrius la » t, except o: io, which I sent out on Saturday. persed, they stand unfair between the Crown and the subject, and the Triers are bound to find a ver- dict against them, the consequence of which is the quashing the array. Is not this an ingredient in the case not to be passed over, that the Crown Solicitor importuned the Sheriff to make his return, in order that he might obtain a copy of the panne! ; and that the Sheriff, though not bound, did offer to dis- close the names of the Jury, provided there was an equal advantage between the Crown and* the Traver- ser ? Does it not appear that all the Crown Solici- tor's zeal aba lead, when he found that the agent on the other side was to get a copy ;: 9 well as himself? Summon*. 1 But, Gentlemen, what I am now stating, is a feather The first alteration is Sir T. G. Newcomen; will you say i m ^ ^^ t0 what remains behind. It appears that why you Struck out his na ne ? On my return from C TI. : „ x- ntleman, who on his examination this day, has . ,,.,<.,... i requested bv Mr Alouttfomerv to taks* out . .. . , . Je-' urdj), i lOiU <•* . t . . ... . denied anv direct management with the jury, die on Sir T \ wcoir - 1 « name, whidi I at first relused, 1 alter- i ^ y1';- , V . 6 , 7 , vard* erase': hi- name this morning. Friday last receive from the Secretary ot State, from ' est ? jj the Minister of the Crown, sent for on that purpose, a list of names containing i 15 of those on that pannel, jr- other motive than his being on the vsrand Jury1 I ,;.>• d. thai > y h'. s ociyig on the Oread Jury, hevras in ft" utoato Be on the present Jury, and I put Mr Slot i I Waa it merely on account of Mr Montgomery's request ? It was. DU1 tlie Crowa Solicitor, or any person on behalf of Go- vernment, solkil. you to erase Sir Thomas's name this morn- iiiit out ot thy pauuel ? No. 1 see the ni ne of Daniel Keniban; is he in the pannel as it now- stands ? No: he is on the present Grand Jury, ind therefore, I teolt his name oil'the petit pannel Jury. When did you do that ? On the first day of Term. j That al'. e.' aUoii w a . made then bcl'ore you sent out the Sunnnoa. se* for . In- present Jury ? 1 ess In striidiif'out his name, were y. ut influenced by any wtlier uiouve in. m Grand Jury ? I consi- ~ ' incapaei- aqiiay in his place. in doing so, were you influenced by the suggestion of any | person ? No. lire next name is James Nugent; when did you strike liis name out ? iliis morning. Why did yr> u strike his na. iie out ? In consecjnence of a note 1 received trom his brother, in which he stated he would deem it a personal favour, if I would erase bis name. Go to tiie next nauie, Robert Law ; when did yon strike it out ? This morning, in consequence of a similar appli- cation from Sheriff llarty; which at first 1 declined, but afterwards yielded to. Was there any solicitation from either of the Mr. Kem- mts's to do so ? Certainly not. Look at tile alteration in Mr. Darley's name— how do you acco.'. nt for that. ? It was in consequence of a medical cerlitieate from Dr. Jackson, that he could not appear in Court. Why did you erase Mr. Beaumont's name ? In conse- quence of a request from the Sub- Sheriff, and also from Mr K. himself. Did you ever alter or transpose the order in which the names now stand ? On my oath 1 did not. Was there ever an application to you from Government for a copy of the panuel, or did you ever hear that Sir Char- les Saxton got a copy of it ? I did not. Did; ou directly or indirectly give a copy, or authorise any person to give a copy to Sir C. Saxton, or to any otiier person connected with Government ? 1 did not. Did you make any alteration in the order of the n. mcl at request of Mr. Kemmis or any other person ? I did not. Are you able to form a belief as to how a copy of that . panne), or a copy of any part of it, got into the hands of the Crown Solicitor .' Mr. liurrowe. s objected to the witness an- swering on his belief. Solicitor General,— You were applied to by Mr. Kemmis to give him a copy of the pannel ? I was. Did you give him a copy, or did you refuse it ? I did re- fuse it; aud said at the time, I was the officer between the Crown and the people, and would not give a copy. Did Mr. Kcmmis request to get a ccpy cf the' pannel from you clandestinely, or openly ? He planned it from infc r. s a right, I refused it, and at the same time I remarked, that if the agents on both sides would a^- rce, I would give each party a copy, in order to expedite the business. Mr. I' Kemmis said he would apply to the Court for it. Did Mr. Kemmis, or any other, person on his behalf, or t/ Sc crown, come to you, or send any peraon to you, in order to suggest that you should return ar. y particular man, or arrange or put any name* in ar. y particular order on the pan- ned ? Certainly not. Ciuss- examhud by Mr. Goold. Is this tiic only list you ever made ? I believe I made ano- j til r. ' j Where is that list ? I do not know. Whether was the other list you made subsequent to, or l » e lore the present one ? 1 never made any siisce tiie one from which I toi. k the palmcl. You heard the evidence given this day ? I did. You observed the miraculous coincidence ? Very extraor- dinary, indeed. You do not believe it was chance ? It is quite unaccount- able by TOC. That does not answer my question :. do you think it was chance or design ? I can't account for ifc. l) o you believe that miraculous coincidence was by acci- ile . t ? 1 really cannot form a belief. Do you think it was miraculous ? I don't believe in mi- racles. Mr. Goold— My Lord, if he docs not believe in miracles, fee i- not a competent witness. Dp you believe it was design ? I do believe it was design. That particular list you made yourself, where did you Kvo it? In my private secretary. • Was the list out of your possession ? It WAS about an hour on the fifth day of Term. M ill you venture to say, that the list you now produce contained the same names with the list you made before, or a Jifl'erent list ? I dare say it was a different list. In whose hand- writing is the list which i » i » e fr » m Sir • Xliarlob Saxton ? 1 tio uot kiivm which was not divulged until ibis morning ! Is that the effect ofchance? Is it a coincidence! Is it as the Sheriff said, a miracle? Gentlemen Triers, would you establish such an array as this ? No.— Give the Catholics of tlr. s country a fair trial bv a Protestant Jury, that is all they seek for— if there had been an identity of the two lists, not being by design, it must be by miracle; and all we can say or this case is, there not being an identity, if tiieie are degrees in miracles it is not quite so miraculous. But can there be a doubt that tnere was hot some spedfcs ot corrupt tampering, some par- tial communications, which 1 should be sorry directly to impute to the conductors of this prosecution ? Ei ther Mr Kemmle's list actuated the return of the pan- pel, or the pant! el actuated it.— On Thursday even- ing, the Sheriff issued his summonses, but there is no proof when any individual was served with one— we have proved a service in one instance on Saturday last. The Triers must presume that Sir C. Saxton had the list of the Jury in his pockct before any of them were summoned. It might have been given to htm before Thursday last, and we have a right to presume every thing against him, because he on whom an imputation has been cast, has walked out of the Court, scorning to exculpate himself by swear- ing on the Holy Evahgelis's, that he did not interfere in the management of this Jury. Mr. Kemmis says, he numbered the list of the Jury, in order to assist him in his challenges. How the number 27 before 4 could assist him, he could not tell himself, arid it is for you to judge. The facts give us a solution to the problem n does coincide with the actual situation of the names in the pannel ? and the fact is so, that the names being numbered would direct the crown in their challenges. It does appear that another pannel was framed a week before, which the Sheriff has sworn was different from the present, and lie knows not what has become of it; and it does also appear that this list came from the Castle; and, therefore, is there not more than suspicion, is it not convincing- proof, that it was the paper handed to Sir C. Saxton, and thence transferred to the Crown Solicitor?— Therefore I must conclude in the words of the chal- lenge, that this Jury has beerl summoned by the Crow n Solicitor, and, therefore, Gentlemen, yott will exercise a sound judgment on this question between the crown and the subject, and I anticipate your verdict to be, that there lias been a tampering with this panncl. Mr ATTORNEY- GENERAL.— Gentlemen, you are to try whether this pannel has been made by the She- riff, at the nomination and instance of those concern- ed on the part of the Crown, or not. If it was done by the Crown Solicitors, or any one for them, 1 would concede that the array should be quashed , but in or- der to come to that conclusion, you must convict Mr Kemmis and his son, aS aiso Sheriff James, of abso- j lute perju'y ; for they have all sworn, that they did not directly or indirectly, apply to, or solicit the She- riff as to tl. e nomination of the Jury.— The She. riff has sworn positively that he formed that pann 1, and that he did not do so at. the nomination of any person whatsoever. Then there is nothing but sus- picion arising from the circumstance of a copy of the s pannel having got into the possession ot the Crown Solicitor.— Gentlemen— you have been led into a mistake, and that by the warmth and enthusiasm of my Learned Friend, as to this matter; for the She- riff is under no oath not to disclose his pannel, and in fact, the parties are entitled to that disclosure at a reasonable time before the' trial, in order that they ! may know the qualifications of those Jurors they may | wish to challenge. The Sheriff certainly did refuse [ to give a copy of the pamiel, from a caution arising i from the nature of those trials, and it appears Mr Kern- I mis made the claim as a public right. It appears that ' the Jury was fixed and ascertained upon Thursday last—..; t is not pretended there was any copy of the pannel until Friday ; and it is most probable that Sir C. Sa » too, iis soon as he received that paper, put it into the hands of the Crown Solicitor. It was not || obtained by the Crown Solicitor until after the jury was summoned— and'as to the charge of the altera- tions being made at the instance of the Government, that is rebutted by the evidence, which has pointed • ut the occasion upon which those alterations took place. It is the duty of every agent to get a copy of the jury pannel, to prepare for trial, and it can be no imputation to Mr. Kemmis, that he was active for the Crown. In fine, if the Crown had the nomination of the pannel, they might have obtained it long be- fore the summonses had • been issued— they would have known who was to be. put on that pannel, and they would have had no occ isio'n to apply to the Sheriff for a copy of that, of whidh they themselves were the origin ; and therefore unless you outweigh the positive testimony of three unimpeachable witnesses, by conjectures on improbable facts, your verdict must be asrainst the challenge. The Chief Justice, having read the challenge to the array, proceeded to charge the Triers, and said— Gentlemen, if those facts are established to your satisfaction, you can have no doubt, but it is an unfit Jury to try this case. Bat in decid- ing this question, as in all other cases, you must see, whether the evidence bears out the facts which are alleged. In this case there have been three witnesses, and only three witnesses, examin- ed ; and all of them in the most pointed terms, so far as relates to themselves, utterly deny all interference, directly, or indirectly, with the for- mation of the pannel, and the Sheriff utterly denies any interference with them, or any other person on the part of the prosecution ; and there- fore, there must be the most strongly imaginable circumstances to satisfy you, that the facts are con- trary to their testimony. There is one fact in the case, which perhaps, it were better had not existed; that is, that a copy of the pannel had got in- to the possession of the Crown Solicitor, and at the same time, not into the possession of the op- posite party ; and therefore it has been relied upon that the pannel has been cotrui tly made. It ap- pears that an application was made by Mr. Kem- mis, the Crown Solicitor, to the Sheriff, for a copy of the pannel— ha demands it, not as a favour, not clandestinely, but under a conviflion that he had a right to demand what he asked for; and if the Sheriff had complied, it would still be no circum- stance to shew that an improper interference had been used with the Sheriff in forming it But the Sheriff has sworn that he does not know h > w it cot into the possession of the party. But it rests with you, Gentlemen, to say, whether the copy of the pannel was procured with the knowledge of the Sheriff; and also if the pannel was corruptly and improperly inteifered with, i. i its formation. It was formed on Thursday, the summonses were sent out the same evening: and Mr. Kemmis did o' i not receive a copy of the p . snel until Friday.—> The Sheriff hai declared, on his oath, that he made no manner of alteration in consequence of any in « terference on the part of the prosecution, and has accounted for the alteration on private and distinct grounds applicable to each individual ; and, to suppose the Sheriff adled in this case from siigges^ tion, would be to go directly aga'nst the evidence. It is a different question whether a copy of the pannel has been procured improperly, or whether the Sheriff has been tampered with in the forma- tion of the pannel: the only difference in obtain- ing a copy of the pannel made, was a superior advantage in having a longer time to consider who w - re the individuals on the pannel, and who to challenge ; but that is a very different question from that of the Sheriff having the Jurors dictat- ed to him by another. If, gentlemen, you are of opinion that the pannel, as alleged by the chal- lenge was dictated by the Crown Solicitor to the Sheriff, you will find accordingly ; but if you do believe it was fairly arrayed by the Sheriff, you will find against the challenge, and thereby establish that this is a Jury competent to try the question. The Jury retired for about three minutes, and then brought in a finding against the challenge. stated that he believed the panrlel was interfered with i lUP fl< vim - Tli » ™ • l , o- n c . i ii . T it Mr uOOM.—! , iere has been no ludument upon it. by Sir C. Saxton, and that a trial by such a Jury j r . J , n ; i . • - - • - ' \ T a opinion lias b.- en given, out no judgment. Never i The ArrrutjifEy CE^ EIIAI, then addressed the - t'] es | Court and Jury to the following effect. I did en- tertain a hope'that it should not be necessary for'me to proceed farther with these trials; that though the authority of the King's Government was nbt thought sufficient, yet that the Court, of King's Bench, when would scarcely be a fair or an impartial trial, saw a copy of the pannel until yesterday : b( that a valid objection to a Juryman would be that he was an Orangeman, ali Orangemen being hostile to deponent, who is a Roman Catholic, Deponent has used his best efforts to procure evidence to enable him to make his challenges, that the shortness of the time, and the gieat number of names upon the pannel would admit of; and that he expects, if the trial be postponed, to prove, in many instances, sufficient cause for challenging; that he was ready for his trial j last term, and is ready now, if he gets a fair Jury; and that he does not make this application to occa- sion any unnecessary delay. When the affidavit was read. The Hon. Price Blackwood, forei > n of the Jury, addressed the Court. He said he never had been an Orangeman, that his brother ( Lord Dufferin) had a very large Roman Catholic tenantry, and that he made no difference be- tween them and his Protestant tenants ; that for his own part, he had a close intimacy with a number of Catholics, and that he had a high respect for them. Mr. BURROWES.— Then the allegation against Mr. Blackwood is completely done away; it must have been a mistake ; but this denial does not affect the other individuals upon the Jury. JUDGE DAY— The traverser, it appears, has been mistaken in a large portion of his affidavit, and ybu ought to be satisfied. He appears clearly mistaken id I think the affidavit is very lit- tle to be attended to. n his information, and Mr. Bi'RROWES.— We only require liberty to in- vestigate every man upon the pannel; it ought not to be forgotten the strange circumstances which have come to light concerning it, and the marvellous co- incidence by which Sir C. Saxton had it exclusively in his possession. The Chief Justice— That circumstance is the only one stated in the affidavit, which is deserving the least consideration. The affidavit is in the most direct opposition to the verdict of the Triers yesterday, and i' was not very decorous to put it bef re the Court. The Triers were sworn to try the fact; and so far as the evidence went, no in- terference appeared to be made with the Sheriff, to alter his pannel— sonle few were indeed struck off, but the Sheriff himself satisfactorily account- ed for it. As to the pannel, I could have wish- ed tnat both, or that neither had got it— all the affidavit, but that part which relates to the ad- vantage which the Crown had, in getting the pan- nel before the Traverser could be well sa ired, and ought to be omitted: if the Traverser had '- ing • it had solemnly decided that the Roman Catholic asa semblies which have been described in the indictmen t were formed for unlawful purposes, and were iil.- gai, i did hope that they would hate been abandoned ; bet my hope was vain, and finding a perseverance in tho- e who Compose these bodies, to set at defiance the King's Government, and to trample upon the laws of the 1 imi, it became the duty of every subject, who . values the peace of the country in which we live, and for the prosperity of which we ought to be ready to die, it becomes still more the du'iy of Government to put the law in force, and to bring them back to a sense, of what they owe the King and the authority under him, subject to the law of the country. After the trial of Dr. Sheridan, who was indicted on similar charts, I declare I should not have brought on another trial, if 1 entertained a shadow of doubt, in law and in fact, of substantiating, againsc the traverser, what he stands indicted for; and I did not expect to see su'. th pei se- vering defiance to the Kings Government, and a determination to bid defiaiice to the laws of" tlij 1 ind. It is my duty, likewise, to^ persevere in pc>' ing an end to such unlawful assemblies. I call your attention to the persevering industry and labour employed to effect establishing in the metropolis a Roman Catholic Convention, consisting of Pee.- r, sons of Peers, and other ranks of persons mentioned, in their proceedings, to constitute an assembly of not' less than 500 persons, a nnmbcr much greater than what any resident Parliament had been. These le- gislators, underpreter. ee of managing Roman Catholic affairs, form a Parliament, dangerous to our Consitu- tion, and dangerous to any country, for it is .. l iuger- ous when any persons attempt to set up a Govern- ment for themselves— These meetings were early discovered, by the. legislature, as incompatible with the public peace ; their inevitable tendency to snhveit the laws, was carefully wjtcftM and provided against by what is called, the Convention Act. .*': id it is '< enough row for you to understand whether the aseiiia bly is illegal or not. By the provisions of that act, when such assembly is to be found, the Government will put it down, if true to themselves, and prevent it from growing to that dangerous consistency to which it is Capable of being [ nought. The law is slow but sune. The Government on both sides of the water will persevere to put it down, until the pro* ' ect is abandoned. r 1 c if if- „! • • i , l tect is aoanuoneo. It is the duty of everv man. ca led confined himself to this single circumstance, and !! J . a- • • tr r ' " ' . - j . i, » ,1, n i. j , ' , . , upon as you are, to divest, himself of e* erv peculiar stated that the Crown had an advantage which J,,;^, > juJi t0 ^ , t0Z ear of he had not, , t would have been sufficient. j' vkldi^ e party, but to listen only to the I ws and to Mr. BURBOWES; . The affidavit states, that, the || J eVldenC0. j Jsk this of n^ Sio SECOND DAY— TUESDAY. JAN. 28. This day about half past ten o'clock, the Judges took their seats upon the Bench. About fifty Jury- men appeared in the box. Upon the book being handed to the Hon. Price Blackwood, whose name stood first upon the list, Mr. BuitROWER rose and said, that he understood th- ft several challenges were intended on the part of the crown. He was ready to wave all challenges, if e ch person, as he comes to be sworn, declares whe- ther or no-, he be a sworn Orangeman. The Chief Justice.— As the application is not made to the Court, we cannot interfeie. The Attorney- General.— If any legal objeTion can be made, it is my wish that it should receive the most serious consideration. I should not wish to oppose; any charge on account of prejudice or partiality; but as to the general objeilion of Orangemen, I protest I am at a loss to know what constitutes that charafter, that ought to make a man an unfit Juryman upon such an occasion as this. I conceive the proposition is merely intend- ed as a snare to involve me, and therefore, I must decline it. Let the challenges be made and de- cided in the ordinary way ; but the offer seems to me to be only made for the purpose of taking up more of our time, and to make an unfair impres- sion upon the public. Mr. BURROWES then proposed to ballot for twelve of the Jurors which now appeared in the box ; but this the Attorney General declined. Mr BURROWES.— An affidavit is now preparing to be swoin by traverser, in order to put oft the trial for one week, to give him an opportunity to enquire re' [ lative to his challenges. After some time the affidavit of the traverser was sworn and read— it stated that the deponent attended in Court yesterday, to take his trial, and had heard the patinel read over for the first time ; that the greater portion of names which appeared first called, and which were likely to compose the Jury, he be- lieved were hostile to the Roman Catholics of Ire- land, several of them being, according to his belief, sworn Orangemen ; more particularly the foreman, who he believes to be an Orangeman, and brother to } a Provincial Grand Master of O.- aage- Lodges. He traverser expects to prove, that some of the pannel are influenced by Government: and the circumstance j could he, supported, if it nppepred that a Ju or was I solicited by Government to giveliis attendance. JUDGE OSBORNE.— It occurcd to me yesterday, if it had been applied for, to give time for the traverser to make a legal investigation of the names upon the pannel. I own I should be glad to postpone the trial for'a day or two, notwithstanding the intemperance of the affidavit. Mr. GOOLD said, there was an aukwardness in the words of the affidavit, but it was not intended nor was it meant to question the verdict. SOLICITOR GENERAL.— It is admitted that the af- fidavit was not intended to convey any imputation up- on the finding: the whole of the charge, therefore, Comes to this— that the Crown had a better opportu- nity than the traverser for challenging : it is true, that whether justifiable or not, the Crown got possession of the names, ahd became thereby better prepared than the other side. Mr KirWah swears, he did not know the pannel urttil it was read in Court; but he has not sworn whether or not any person, on his be- half, became acquainted with it. He says, he ex- pects to prove Government influence was used upon the Jury, but he does not say so from hearing or be- lief. How the pannel came to Sir C. Saxton I know not. But suppose the Sheriff had made a pannel, and given it to Sir Charles, the question would then nar. *> w itself to this, that, by better diligence, one party H'as better prepared than the other. JUDGE DAY.— Will the Attorney for the traverser swear he did not know the names upon the pannel until he came to Court yesterday ? CHIEF JUSTICE—- All that has been said signifies nothing, if both parties were informed ; and therefore, if the Attorney for the traverser does not make the affidavit, mentioned by my Brother Day, we will not postpone the trial. The Jury wire then called as follows :— Hon. I'. Blackwood, sworn.— Joseph Golf, sworn. W. S. Magee, sworn. M. ,1. fiuukett, objected to by the Crown. James Doriovan, sworn. W. Calville, jim. objected to by the Crown. Thomas Jameson, sworn.— Thomas' Roehfort, sworn. John L. Maqttay, objected to by the Crown. Thomas Prentice, sworn.—- Foliot Magrath, sworrt.-— Wil- liam Annit, swum. William Watson, bookseller, objected to by the Crown. Edward Ilendrick", objected to by the Crown; Ralph Shaw, sworn. Richard Cooke, objected to by the Crown: Thomas Meade, objected to by the Crown. Richard Cane, sworn.— Thomas Reed, sworn; Mr. BURROWES— I have no wish to disguise a fact: We look to the dernier resort to decide this great question. There is no Court whatever, high as its character may be, that is not subject some time or other to have its decision reversed. I would propose, therefore, tiie finding of a special verdict; such a a finding may be argued as would sot the question at rest for ever. ATTORNEY- GENERAL— Such a proposition as this, I believe never was heard before. After the Court had given its opinion upon the question, Gentlemen call upon me to sanction, by the authority of my of- fice, that it is a doubtful question. Why did they not suggest this on the former trial ?— But after the Court had given its opinion, I would betray the of- fice I hold if I acceded to the offer. Thtt Judges have the power to refer to jthe Twelve Judges^ if they doubt the law ; but tUa Court has already " decid- ed upon the law, and the public in general have ap- proved of that decision. It is impossible I can listen tb such a ptopocilion. attempt of the Press to raise against you the m inner in which you have been impannelled to enter th t box, where I am persuaded you will not oiv? anv vr ., diet but such as you ought. It it shadow of doubt should exist in your mind that the charges are true, and that the learned and upright Court would not de- ceive or mislead you, as to the law, I trust you will find a verdict without leaving the Jury Box. The charges are briefly these. On 9th July last an assembly, calling itself an aggregate meeting of Ro- man Catholics, did assemble in Dublin ; Lord Fingal presided in the chair; and that assembly did of itself ordet County Elections to be held in the several Counties of Ireland, for the purpose of ejecting or returning ten delegates for each county. [ Heie the Attorney General recited the resolutions of the Ag- gregate Meeting.] These resolutions were published, and Lord Fingai's name affixed to them, jis chairman. These resolutions are the first matters of fact. The indictment then states the assembling so proposed to be convened, a? an unlawful assembly, and pregnant with danger. The next count in the indictment i-;, tiiat on 30th July last, an assembly of the parishioners of St. Mary was held; At that assembly they proceed- ed to an election of delegates. Those delegates were to be the delegates for this parish, according to the mandates of the meeting of 9th July : at that asst- in- bly the traverser was present, and did act in the elec- tion of delegates* The Attorney General tiled recit- ed the 2( 1 sec. of the Convention Act, and then pro- ceeded— I have now stated the charges in the indict, ment; and they divide themselves into a question of law, and a question of fact. Of law, if the assembly so ordered to be convened is an unlawful assembly. - • » It Will sive time to inform'vdu that question wis agi- tated fully upon the trial of Dr. Sheridan ; and after a full and most able defence, where my I earned Friends left nothing uns ; id that could be said upon the subject, the Court was of opinion that it was an unlawful assembly, without any doubt; and to that opinion I DOW, and that point is now settled, unless my Learned Friends mean to pliv their artillery upon you, and persuade ybu that you are the judges of law, whereas, the Constitution has only made you judges of the fact ; and for you to take it out of the hands, where the Constitution has placed it, is wnat I can- not persuade myself you will doi I men do the for- mer Jury the justice to say that they acdu'tted them- selves of being guilty of the constitutional crime of de- ciding on the law, for they declared, upon bringing in their verdcit, that the verdict was grounded on an in- sufficiency of evidence as to the fact of delegation.—• I have no doubt but you will take the law upon : he question from the Court ; and in order to satisfy you as to the facts of the case, I will state the evidence which will be piodiiced to establish in proof, that tueii an assembly existed, as that which is alleged to have met on Oth July. We will pioduce Mr. HudJL ston, a gentleman, who had seen better days, but whe, iu July last, was employed in reporting for a ne « - sp;. • r. He was present at this meeting, and he will sur . r that he was present at that assembly at which Lo; d Fingal presided, and h « will also swear to the resolu- tions stated ir. the indictment. I presume that Mr Huddleston will be cross- examined, as on the former trial, and that, as if he had been an accomplice in a Crime, coming forward with. a tarnish. J c aract- r, ' o sustain a fact of a doubtful nature. His life and con- duct will be ransa ked and tortured,— and you will he- call - d upon to deeide t pon the degree of purity which he possesses, and not whether his evidence he true or false. If this ( Set LAST PAG3for corJ- nuatbn.) BELFAST COMMERCIAL - CHRONICLE'* . OF MR. THOMAS KIR WAN, In continuation from LAST PAGE. ( » KOM THI MAIL OF YESTERDAY.) . After the evidence, as given in the last page, tj . following proceedings took place : ' lV'Tr. gurrowes, before proceeding to any thing else, should f- „,,,„,. to shew ' that there was a decided and fatal varia- tion in the evidence from the indiftmenr, in which he Wt the utmost anxiety to succeed, in order to relieve the public r, - it from the anxiety with which it was tortured. il- was going to enter upon a very intricate subjeft, not fr. 1 the purpose of controverting what the Attorney- Oeneral K- rVV. id; he would make a presumption that the law was s -.. and Would attempt to shew that there was a decided va- r, in the case established in the evidence, and that which ' « « « in the record. It was necessary to designate in the in- r-.-'- n- ent the district which the persons unlawfully defted VVI to represent. Here one distrift had been made out in the vidence, and another mentioned in the indiftmenr.— There was another tiling he would say, and that was, that » :,. d-' wriift was not to he named for the purpose of the ve- r- i hm was really a portion of the n> rp » t Jet rti. MR Bur- t - e> h- re read that part of the Convention Ad at the head c! j . e 8, in'the common edition, in support of his position; I - thought he had established it merely by reading the Aft, 1) it should satisfy their Lordshipsby an analop- ical inference; t.-? analogy wai drawn from. the Eleftton of Representatives in Parliament. If an error or crime had been made for a f., ise return, it was quite necessary to state what district it • s that the return w is made for: if a different dis: rift had h imentioned rhe thing would nor be secundum allegata et y, rbata; it made no difference that this was at present ac- r unfed" an unlawful assembly; he hoped that if he could I-, ceed in this to delay the trial, some arrangement would irl. « in the mean time, to put an - end to the aniietv of the public upon this point altogether. Mr. B. then read that jvrt of ' he intlitSment; the distrift was said to be in the City of Dublin, and commonly called St. Mary's Parish- He should shew that the evidence, r quiring no other aid than that of the. public statute, would establish tile variance. The fvidei. ee of Shepherd. » ho was the only witness to de? t- rmin- the diet rift, had proved that the Protestant Parish of ft Mary differs from the Roman Catholic Parish of St. Mary, and it was to represent the Catholic inhabitants, so that i; must be the Soman Catholic Parish that is meant in the indiftment, and this contained the Protestant Parishes of St Thomas ai d St. George and St. Mary; and the variance • would he made out if he could shew that any of those were out of the City f Dublin—('' s afraid the Jury are. writhing under this : rgument, is « orry to deprive thenmf the pleasing t . si- for ivhich they were impannelled, but he must do his duty}; there was a public statute, by which it was declared, thai. S-. George's was in the County of Dublin: he would aniiu » r.- e an observation; he knew that it would be mid, that the di. tiift mentioned was not only the Parish of Saint Mary, hut in .. ething mote: they might as well say. that if a cn'itrafi for twenty years was mentioned, anil one of forty wer.- produced, the- e two should be thought the same; nor if they now . d. eotd wish to amend the indiChnent, could thty S rike out a part of an averment, and leave the other, they must rf- tie out the whole: in Sd East's Reports, p. 448j| Williamson against Allison, the doftrine was gone iuto and laid down as he took it, especially by Chief Jus'ice I. awrenre, that i » , th t a part of jii averment could not be struck out without its being proved. He might have, brought forward the present objtftion on the former trial, hut preferred to pay this Jury the compliment of easing them the burden o llie investigation. Jodi> e I aly thought, that the police at? had r.< ade a great fart round the city in the city But this, it appears, wa- oulv for the purposes of vtnue and colleftion of taxes. Judw-' e Daly asked, if a man who lived in the parish of St. George, h. vl a right to vote for the city Member i It was answered he had not. t he Attorney-* ieniTal, offend a few observations on this tirtahi. point of law, ™ which tlx great cause of the Roman Cad. ci'c. s W„ s now, after lo aire', pande," to he de'ritded ; he agreed with his learned Friend, that the ohreilion was rot to the Venn'. he ( T. U. Btirrowes) did not off r to falsify the evidence of the f. <> : he sheltered hinw- Il under a pon- t of h w, arid that < * >..' V import, ft was altogether elud- irv and evading the merit" of t! e question, to proceed as had been all along dime by the Counsel for the Traverser, and it was such a mode of conduft as the Comt would cer- tainly discountenance. This present shift, he thought, wo ild fail the Traverser, as every otiier liad dune whicii fr. il h. en tii. d ; tfey had all endeavoured toward < ff a decW- n ; first they - ndeav ttreii to raise a claim. ur, as if a packed Jury had been e:. ' e. ivonred to he thrust u:- on then'. ; and then from the - agent for the pro.- rcution having got a copy of the pun- net, : nd from tbei- ce obtained advsntagt s which it has nor ap- rd in rvidtnee that they wtre alxwt- ed. He would hnpe •. I t some of those of h\ i/ i er character ainonx the ..... . rued, would he aahan> ed of having their cause u.' td the manner it had been. And now, here, when e> e oi i'. light the po; nt was at Ia- t arrived, this ¥ pex ;.. i h i ' tiirown in the way, to rna're the whole prn- . I.-. . ntnhle. This w as rot similar r<* a mandamus, where y, ., ; n .; tr p'ace was fatal ti/ theindieimerit. The . bjeCf ( v t'. f. ,' cl to make a Certain species ot election illegal, jn ;: ', vr distriSs that elfiticn might take place; and it vi-'..;, ei:'- ally liable to the pi; na'ty of the law wherever it | r . _ r. 2ny pall of the co- iimy were represented it, v - ; 1 sufii i. ut, without taking it into account what pir- t - nl..-<( strift that might be. It was ni; t at d in the in- < 5, a-. « ir. that th( distrift was in the county of the city ef • j'-. j , ... , was not alleged that it was in the city of Dublin :, w !, . iv a di trie), or a " mere Roman Catholic division, f, r ... f - nr- • of their worship But it was said in the in Anient bat the Roman Catholic division was in the city of i u' i 1 i- only rem . ined to shew whether it was or not ; K v ..-• - dVxi. nt to hew that it was in a place which was r • • t\ ' Ud tie city of Dublin; and the whole of the p. emar v.. atbolic parish of St. Mary's was : if any pers -. he- h r...> - for instance, to the paiishof St. George, was asked v here ItVed, would he wot immediately answer, in Dub- lin? Mr. Attorn » y- General went or to argue the question at considerable length; he \ va » followed by the Solicitor. Ge- p.- ral - avid Mr. Perrin replied to both with an aruteness a! id perspicuity which induced marked approbation from both of th-- se Gentlemen. The Court, alter a very consi- derable time spent in deliberation amongst its members, and in nearing - hort observations upon several corrolitive points from Counsel, resolved " to reserve for its own consider- w hether it should be a question fit ro bring before the I'veive'Judges; but t. hat'in the mean time the feeling of the Citiit was, that it might be put to the Jury from the . evi- dence to decide according as ihey believe that the indift- tneht was suppsrted ot not." The Cidc- f Justice wished Mr. Burl- owes to proceed with the i . temes-. t of the case. Mr. Burrowes— Gentlemen of the Jury, I can- not admit, with his Majesty's Attorney- General, ihat we have been skulking from the merits and justice of the case; and I think I am warranted in applying the imputation to the Counsel for the prosecution, when I consider that we have offer- td to rescue you from the invidious duty of de- ciding the question, by taking your verdict on the fact, and letting us have the line definitively settled by the dernier resort; but not one of our offers h - s been accepted— and can you say that the want of candour was on our side? But my learned friend knew, that the opinion of the Court of King's Bench was with him, and he v. ants the sanction o' a Jury to uphold the Court in - the point of law.— He shrinks from the opinion of the twelve Judges; he dreads their opinion up- on a spec LI verdict, and trembles for the fate of his prosecution, before that high tribunal, at whose decision every Catholic in Ireland,- at. whose judgment my L'o^ d Fmgal would bow the head ot Obedience, as they would before this Court, l> ad a. possibility' of appeal from the opinion of this Cou* t to the dernier resort e* i= ted-^- a tribu- pear that pert ble, because he would not, as he professes; is the | endeavour of the Administration both at this side S the water and the other, he Would not be able to put down the Catholics of Ireland. Mr. Attorney- General.— I said no such thing— I said, to put down the National Convention of the Catholics, which is, and ought to be. the en- deavour of every loyal man. M-. Burrowes.— Well then to put down that convention which lie has called an illegal assem. bly, but which I deny to be so, and I do say } t is in faff an attack Upon the proceedings of the Ro- man Catholics of Ireland. I again state, that it is vviih reluiSance I again seek the agitation of this question. I proposed a special verdift ; se- parating the law and the fafl ; and was anxious to rescue the Jury- from the alternative of gratify- ing the Crown, cntrary to the plain constrtnJlion of the ail, or, by following their own judgments, to disobey the implicit directions of the Court— lean only say, t! » at it does not become any man who wears a bftr gown, to shrink from the discharge of his professional duty, though it may operate in contravention of decisions and proceedings, I will not say, rashly taken on '. he one side,- and pro- bably with two much zeal on >'• e other. It may be impossible for a man to adopt acharafler that may endear him to one side, but possibly may render' 1 him objectionable by both. But, let the advocate call to his assistance, reason and liber- ality; let hitfl be unbiassed, let him obey, boldly and manfully, the dictates of his own understand- ing ; and whatever may be the temporary judg- ment of the few, who will probably finally change their premature condemnation, he must meet his ultimate reward, ar. d obtain a verdict of approval before that tribunal, where there is unerring jus- tice and no appeal. If I may be permitted to take the liberty of re- arguing the construction of the Convention Act, I would make a slight ob- jection to the Court, which certainly has decided upon the question, but which for the first time, kad heard arguments upon the case; and I feel I must appeal to the Jury, whom I must tell, they will violate their consciences if they find a verdict of conviction in this case. Chief Justice— What the C « urt has already decided, I should hope would not now be con- troverted. Mr. Bunowes Then, my Lords, I do not feel how I can argue this case. Chief Justice I find my brethren have no objection to hearing you on the point. Mr. Burrowes.— To entitle me to that privi- lege, I will refer your Lordships to a very fami- liar ease. Justice Day.— It is no more than the re- hear- ing of a cause. Mr. Bunowes— My Lords, I liave considered this matter much and deeply, and I establish not a u* • precedent, when I say, that a Barrister shall not be excluded from arguing a case, because there has been a judicial decision upon it, and particularly where that argument is grounded upon constitutional piinciples. It is perfe. t'y well known to the Attorney- General, and to all my cotenlporaries at the Bar, diat for a period of 20 years in England, the Court of King's Bench considered the question of libel or no libel to b « a question of law; and yet, in every case upon that subject the Counsel for the defendant appeal- ed to the lury, as it it was a matter of fact, and in no instance was that opinion of theCt urt acted \ upon, so as to preclude the Counsel from rei., ring to the Jury the question of libel or no libel, and • rouiKg their constitutional feelings upon a ques- tion of such importance. The advocate asserted his right, and struggled with the opinion of the Court, until a declaratory act was passed, decid- ing that the Counsel was right, and the Court in error. 1 shall mention' the act— it is one to re- move doubts, & c. [ Here Mr. Burrowes recited the preamble of the staiuie. j Judge Day— You need not argue your right to address us, where we have been inviting you to the argument. Mr. Butrowes.— There is a very material point in that aijt, which authorizes the Jury to find a special verdiCl, as in other criminal cases, recog- nizing the right to find a special verdift, which on the present occasion his Majesty's Attorney- General has declined to take, as he did the other oiler no made him, to lay the question at rest. I know of no Court befoie whose opinion 1 would bow with greater deference than this, if it was a case of less importance than the present; and I. am sure your Lordships would hail the opportu- nity of having your own opinion submitted to the dernier resort. 1 will not go over the whole of the ground I travelled upon a former occasion, but 1 will slightly touch on a few observations that appear to me to be not only forcible, but con- clusive, and not yet submitted to the considera- tion of the Court. The indiClment contains alh- gat ions which I need not now detail to your Lord ships; the Attorney- General has fairly slated them; it will be sufficient for me to say, they are not proved secundum allegata et probata. The criminality of the traverser is to be collected from the charter of that assembly, described by the resolutions laid in the indiilmeut. The Attorney. General calls the meeting a represents! ive body, a monstrous innovation, tending to the usurpa- tion of the legitimate functions of the Govern, ment of the country ; but I say it is not a repre- sentative assembly according to the meaning of! this aCt. A lepreseutative assembly must be that which has impaned the reserved rights of the peo- ple, or any part of them.; it must be an assembly j appointed for general purposes, with the power of exercising that authority at their own discre- tion : but representation can never be applied to I a body deputed to exeicise a particular defined j function. I have been asked if I would deny j there was any such thing as an assembly, which j might become illegal after its formation j I never | dia deny it, and I said, that any assembly ap. pointed generally to represent the people for gene- ral purposes would be illegal, and referred to a ! particular assembly of that description, whose ' avowed ol'jeits mad. it palpably illegal, which not 1 only assumed general rights, but disclosed their opinions upon every political subj. e< 3, and assum- 1 ing to discuss every constitutional topic; I mean ; the Dungannon assembly, which met on the 15th ! o. February, 1793: and thfcit afls sufficiently prove that whether they were legally assembled or not, sumitig to themselves rights, which it would be jij always been the wish of the Government to treat illegal to confer on them. The resolutions of | with ihe dignified and intelligent part of the com- tlrat assembly No - which I al'ude are these : j! mnni: y. and blend them v. i h the Catholic, C > m- " Re olved, thst it is the constitutional right of the peo- j> mittee ? And all fi rmer Governments of this pie, and essentia!, to the very bei/ ig > J their liberiy, to be ij coulMry have conceded that the Catholic Commit- fill!-, and fairly represented in their own House of Parlhi- jj a j { a5sembly h bes( owin? „ pon th'e mem. That, the present state of the representation in the " . , " . House of Commons rs partial and inadequate, subversive of ]!', Catholic Body all their benefits, through the mo.. the rights of the people, and aa ' intolerable grievance. Tfut j dium of that Committee. Gentlemen, persuaded it appears to us that several Lords spiritual and temporal, as i! I am, that whatever your religion or your zeal well as Commons, direft the return of more th in 200 mem- | » mAy |> e— whatever your manly and constitutional ' ' 1 to slavish principles— wha'ever Ij- prediiffiion you may have for your own creed, hers of the. Irish Honse nf Coronions, being om - third of the ^ ^ rnav be representation of the people. . That it is the opinion of this ' meeting, that all Boroughs should be disfranchised, and presentation established on fair and rational principles, by ex tending the eleftive franchise equally ro persons of etery religious persuasion, by elections frequently repeated, and by a distribution of representatives, proportioned to the po. pulation and wea^ h of the country. That deeming a com- plete parliamentary reform essential to the peace, liberty, and happiness of the people, we do most solemnly pledge our- selves to each other, and to our country, that w- e will newer I well remember this abandon the pursuit of this important ohjeCf, but zealously, I and steadily per. evere until a full and fair representation of . the people shall be unequivocally obtained. " Resolved, . that we behold with indignation an intention of embodying ' a militia in this kingdom— a measure which only has Mi " is- tt ti ; influence for its objeft; which we deem burthensome i and totally unnecessary." f Resolved unanimously, that it j is with infinite concern we behold the kingdom likely to be j in.- dved in the horrors and expences of a foreiga war, a war i by which, as a nation, we can gain nothing; but, on the contrary, must expose our commerce to depredation, and our country to unprovoked hostility." I say that such an assembly as that whose Re- solutions I have now alluded to, is * proof of that species of representative usurpation which the Convention ACl manifestly had in contemplation, j and which it was intended to put down. I do rely on it th. it it is of great importance to look at ' ti e ol. jeCfs of the enaOment of this statute. It was owing to such an assembly, as I have mentioned, having usurped the representative powers of the legislature, which made it necessary to press the Convention Aft, it is only a declaratory aft ; not meaning or intending to create any particular as- semblies or deputies illegal, which were not so before, and at the common law ; and the very title of it shews that it is an aft " To prevent un- lawful assemblies, under pretence, & c." It does not create any assemblies unlawful; it only has in contemplation such as were so before, and to shew the essence of their offence consists only in the representative cbarafter, I would have only to turn over the speech of the Atrorrfey- General, who has always called those meetings, representative assemblies, displacing the people, and assuming their rights and their powers ; in this we agree, and in giving that description, he does conform to the ! e; ter and spirit of the Statute. It was not an easy mat'er to re- enforce the common law by new- provisions, without the danger of invading the right of petitionisg. The noble and constitutional Lord who presided in this Court, did say, that it w. is aimed at representative assemblies for general ii « i poses, ar. d not against delegation for pre- con- ceived purposes. That was the language of an up. w'p ht, constitutional, arid independent Judge, whose principlesilluminated the minds, and whose memo, ry lives eushi inedinihe hearts ofeveryconstitution- al lawyer, who willneverforgetthegloriesthat sur- rounded his last moments as a lawyer and a judge. That assemblies, in order to be called representa- tives of the people, must assume the powers I have stated, will appear- from the saving clause of the adt, which saves out of its enactments, the Knights, Citizens, and Burgesses elefted to serve in Parlia- ment, and excepts the honse of convocation ; duly summoned by tile King's writ.— If the statute ex- tended to every deputed assembly, for the naked, tonfined purpose of Petitioning, it would be idle to suppose that it should he necessaiyto except the House of Commons. I have a tight to say that the legislature, in using the word ' representa- tive,' used it asco- t- qual with the House of Com- nions, otherwise the exception would be unneces- sary ; and they found one branch of the Parlia- ment would be bound by the siatute, but for ihe exception. But though the people have imparted to the representatives those high powers, yet there are reserved rights in every free constitution, and the first ot rhem is the unshackled right of petitioning — thej ret. iin censorial right to investigate and comment upon the conJuft of their goveinors— they have a light to give an opinion, not a trea- sonable one, but, perhaps, a bona fide censure upon the errors of Ministers, and call upon a superior Power to remove them. Will it be said that every species oi'dehgation which facilitates petitioning—• which renders petitioning more secure to the sub- ji'it, and less dangerous to the Government, is il- legal ? And yet, such is the doCliir. e which the Court is tailed upon to pronounce, by adopting the Attorney- General's interpretation on the Aft. Suppose a committee of merchants in Dublin, Cuik, or Bellas!, delegated persons for the de- fined purpose ot petitioning for the repeal / if laws restricting their trade. Suppose they met, at an appointed place, and deliberated upon tl. e objeCi of their commis- ion— I ask the le- gal Gentlemen who pronounce so dogmatically and " he tigh'. s i f your own chinch— you feel tl. e J blessings ihat have Rowed upon this country from the breaking down the penal code ; and vol) wiil complete the restoration of equal rights, and se- jjj cure the safety of ilie cbfintry, by a constitutional Jf verdift. Most of you are as old as I am, and can country in a state of compa- rative degradation— when any foreigner, that vi- sited it. by chance or. necessity, was ashamed to acknowledge his acquaintance with, qr name the name of an Irishman. This country has been re- deemed by Carbolic independence— redeemed by Protestant liberality-—- redeemed from a state of debasement, more than the beasts of the field ; the system of which was not only the deprivation of almost all natural rights, but it shut up every in- let to knowledge. No man of the Catholic pro- fession dare teach, and no man attached to the rites of his early religion would be taught else- where— so that they fled abroad for education, or were necessitated to adopt such pilfered scraps of interdifled learning, as persecuted priests or pro- scribed pedagogues would bestow, as if ignorance was an antidote to rebellion, and the li^ ht of science would extinguish the light o/ the Gospel. Sure I am, the order of political conversion was changed, for loyalty and liberality is most found amongst the enlightened and the free. There is another part of this case which I must call your attention to; the indictment upon which you are called to pronounce a general verdict, charges the Traverser with delegation to a meet- ing to be assembled under the pretence of peti- tioning, that is, as the Attorney- General would construe it, for the purpose of petitioning ; a pre- tence, whether true or false, that the design is sufficient, and that' pretence' means ' purpose/ I shall consider his arguments, and I fear not to disprove his monstrous and absurd, and, as ap- plicable to this question, his unconstitutional doc- trine. Mr. Burrowes here went into a most elaborate investigation of the several arguments of the Crown lawyers on the cons'ruction of the word pretence, and in a long course of ingenious, ab- stract and close constitutional reasoning, contend- ed that pretence must mean false pretence, not the real purpose of petitioning, which never was intended b/ the Convention Act, and he hoped in God never would be by any Act threatened, never knew— it tranquillized the conffiellnsr em •>- tions of this agitated fo- Jnrry. If you were, < • » the following day, to visit the streets of rhis p- rett city, the inhabitants appeared one family— P i » testant and Catholic met as brothers, and meet i. nt bto herlv harmony and peace. I. did say thl^ niy Lard Fingal would warrant the security t f the public tranquillity. There was no trimuP, but the heart- swelling tumult of; \ y_ rnj) t the tri umph of party; ny outrage— no disturbance I the g'ad tidings spread itself, through every c'- i? » ner of the hind, was read with nnqmliKed )"• « • » and unfeigned gratitude. It reirmrb me of th « i words, of the Raman Historian, as applied to ihs Sarom. es, when incorporred with the Rnrn;,. i pen pi.?. Id dmwm censeo qui pro libtrSate lam acA'. er ' contendervnt dignos esse fore Rtomanos. I hav>> so far trespassed, on the time of the pub* lie, which would have been 8- tved had my Learn- ed Fi iet. ds accepted of . the offer to have this cass" tried upon a special verdict. I do appeal to you, Gmtlemcn of the Jury, to exercise your discretion and your judgment upon this case— not to recol- lect the differences which may exist between' yea and your Catholic bi etbren rn Che worshipping the same God. You will stand b :; v.; - n the Crown and the subject, which w ll l.- ad you to '. he find, ing of a verdi- jt, that will conoummaf- e' the tn ; . quillity of the country, ; md make our enermr- s tremble at the union of cur force by the equalir, t- tion of our rights; ar. d I cannot sit down v. Y. ii* out alluding to a circumstance thH must excire rn- the minds of every man who witnessed it, ear. - tior. s of cordiality towards your Catholic bretn. ren v. bcn I call to your recollection the meeting of nine hundred persons, to celebrate the triumph of the law, and support of ihe constitution^ whicli, if our formidab- e foe could witness assembled i-. i every nation in Europe, his heart would sink spent, less within him, and his sceptre would tail from his hands. He would despair for ever of violate ing the sanctity of our Shores by his presence, when he would hear of the Union of the Empire a union which you will lend the aid of your Ver- dict to its great consummation. upon this statute, would they call that a meeting within the meaning of the Convention Aft? And yet they have drawn no line, and, according to their opinion, every deputed body constitutes an illegal assembly. Gentlemen, you are called upon to attaint by your verdift the decision of the former Jury ; for the witnesses are the same who now csme for- ward, swearing to the word " represent," of j which they foimerly had a doubt; but their tes- ' timony has been trained and their memories re- freshed. I care not what language was used ; for no epithet can make an assembly criminal, which in its nature and constitution is innocent. I shall not now travel into a history of the penal code, or how, by the breaking down of that odious system, the prosperity of this country has accumulated and kept pace with the unshackling of the people. I admit a great part of that code is yet to be r . moved, and that can only be done by petitioning ; and if wise politicians have said that the entire abolition of that code could have been done with greater secu- rity fifty years ago, every day adds force to the observation, and stamps the value of a decision by youf verdift, compared with that, which, if you refuse, must be eventually conceded. His Majes- ty's Attorney- General has complained of the number, and quality of the persons who weie to constitute this objeftionable assembly. • Ha tells you that the Catholic Aristocracy— the Peers and Prelates of the Catholic Church, ji„ l before which mj Lamed iriuiu would - trem- ii iuch. assemblies may . become unlayfol, by as. were dangerously intermingled. But has it nut invaded or extinguished, as would be the inevi- table consequence of any such interpretation Gentlemen if you should destroy the right of the people to petition by delegation, you drive them to another mode not restricted by law; and ought any wise lawyer or sound politician to com- pel the alternative ? Every city, every town in Ireland, will assemble in Aggregate Meetings and if you stop the distinct, the manly, the well- regu- lated voice of the people, through the organ of de- legation, the cries of millions will echo their" com- plaint, in one general overwhelming demand up- on the subject of their rights.— What common would be sufficient to contain them ? Will you assemble them en the Curragh of Ivildare to peti- tion in a body- place them in the imposing posture of consolidated strength, and then communicate feelings of injuries continued, and complaints un- heard ? There is but one other mode to remove those difficulties, and that is a new act to preve t petitioning altogether. But God forbid that any man who hears me, should live to witness such an event! I would rather see even a degree of in- temperance moving an assembly, and a Secretary of State reviled for his incapacity, or Ministers the subject of the people's hate. I again repeat it— there is no Court of Law to which I'wouldjbow with greater deference than to this, if I thought it would satisfy the people, and set this question at rest. Let that superior tri- bunal determine it, and there is not an individual in the country, that will for a moment presume to disobey the law, whatsoever he may think of its wisdom. Much has been said of my Lord Fingal, a man, whose loyalty and virtues the tongue of slander bad not dared to cast a blemish on, till the rude hand of power scrolled the charge of violated law on the records of this Court against him— a charge which no Gr; ind Jury in ihe land wonld have found. Impu'a ioni have been cast on him, b cause there was not an immediate com- pliance with the law, as grounded on the opinion of this Court, given on a. former trial. I scarcely think it necessary to answer for that Noble and Loyal Gentleman— that his services to his coun- try and his King ought to have been a shield of adamant against that profanation of the purhy of his unspotted fame, even had he been guilty of incorrectness. A Proclamation issued, and he did not bow his neck to the mandate of the Secretary ; he had the audacity to think precla- mation wiis not law ; he was told so, and that if the penriers of that proclamation were mistaken, to obey it would be to betray not only his Catho- lic but his Protestant brerhren. Has he aCied intemperately in doing so ? A case is now brought forward— the opportunity offers to try the right'— we are ready to admit the fafts upon the record ; bu* the Crown lawyers will not accept the offer. But it is treason to doubt their infallibility— and yet, on a trial, had by their advice, the judgment is against them. The Jury would have done the aft themselves, but they said the evidence was in- sufficient, and so it ever must be, for the evidence of the acts of those meetings will never, in the conscience of a constitutional Juiy, convift the traverser upon this indiftment. My Lord Fingal J wanli hut a decision on the people's right; vviih diat feeling hij let a single peace- officer violate his person, and with those feelings, loyal and consti- tutional, pervading every member of the assem- bly, they were dispersed by a solitary constable What l is there any thing censurable in the con- uuft, in the character ot ihe former Jury, whose verdift was grounded on the same evidence, as . thus to call on another to attaint tiiem of perjury ? j ' Iq nsj life; so wiuury and healing a yerdift I j FOURTH DAY— THURSDAY, JAN. 3a The Court did not sit this day until half- past eleven o'clock. When the Judges had taken their seats upon the Bench the Jury were ctille 1 on, and having all answered to their names, - Mr. Burrowes rose and intimated to the Coin', that it was not the intention of the Traverser to examine any witnesses, and he begged' to know* as two Counsel were to be heard on beh df of thi# Crown, whether another Counsel would not be allowed to speak on the part of Traverser ! The Attorney- General.— Certainly not. The Solicitor- General then rose, and commence ed his reply to Mr. Burrowes, in a strain of vo y splended eloquence, which the taste and feelim. s of his auditors acknowledged in a sudden ex- pression of applause as soon as he had conclude I. After hearing the law and the evidence el ibor « •> ly and circumstantially observed upon r. vtheChief Justic , the Jury withdrew for deliberation about three o'clock. [ The Solicitor- General's Speech, and the Charge of tl. a Chief Justice, &. C. siiall be given in our nex ] .1., 1.1 ' J, -"-".' L IS CORRESPONDENT• 0 FFICE* Half- past Three e'Clod. The Jury, after a deliberation of twenty- three minutes, have brought in a verdict of GUILTY; and upon the issue which was suffered to go tr> them, as to the point made by Mr. BURHOWKS K » quash the indictment, they found as follows : — We are of opinion that the election of I) .- legates, held in the Chapel of St. Mary's Parish, in Lit- " fey- street, was intended to inclpde the Rom ia " Catholics of the Catholic Parish of St. Mary's,, " in the City of Dublin only." BELFAST COURSE OF EXCHANGE, . JAN. 31— Belfast on London ( 2Ids.) S 7-} percen|. Belfast on Dublin ( 01 da.) 1 pe cent. Belfast on Glasgow 7 6j per cent. / KKH, JAN. 27 — 3 § per cent, Gov. Deb. T-> J • S per cent. Ditto 10l£ ENGLISH, JAN. 27.— 3 per cent. Consols t!- if JAN. 27.— Dub. on Lon. | JAN. 27.—. I. on. on Dub. !) § A a Riven. MAILS SINCE OUR LAST. rue 3 Br DONAGUABEB 1 2 Br DI'BLIN 1 BELFAST, Saturday, February !., 1812. The important Trial of Mr. THOMAS KIRWAN, which lasted four days, and completely engrossed the public attention, is this day given in a very ample and satisfactory form, taken from one of the most respeftable Dublin Prints; for this pur- pose, many articles of minor consideration, a e excluded, which shall be attended to in our next. The Speech of the SOLICITOR- GENERAL, and the Charge of the CHIEF JUSTICE, are also de. ferred, as it would have been impossible to re- port them fairly in this publication. Mr. KIRWAN, it will be seen, was found Guilt*. By the Mails from Londort, which have arriv. ed to the 27th, inclusive, we have the followii^ r interesting articles of intelligence : Let'ers from Gibraltar of the 7ih state, that by an arrival there from Alicant of the 81st of Dr. cember, information had been received that Gene- ral Blake's fcrmy had heitn dispersed and defeated Souchet having received a reinforcement of 8000 men, attacked the Spanish lines, and succeeded in dispersing and destroyed the whole of the army with the exception of about 50CG men, with which Binke retired within the body of the City. Il was expefted that his army and place wouM soon surrender, as his force was lint ? m » l!— the population of Valencia is 15,000 inhabitants* [ Since writing the above, we learn that Va. Luc. a has afluallj fallen, 3 B KLF AST COM MERCIA L CHR ) NIC L F, Wo have this rrv > rning received files of Ameri- can Papers to the/ end of December. They were brought to Liverpool by the Lydia, which has ar- rived from New- Vork, af er a quick passage of 24 days. We regret to find that the dispositions ot the American Congress are decidedly hostile. All the violent Reso] utions, for creating a war estab- lishment, have been carrieAby large majorities, and several of the States have sent up to Congress | addresses of a most inflammatory tendency. The Assembly of Virginia have adopted the following, amng many other violent expressions: « ' Resolved, That however highly we value the blessings of peace, and however we may deprecate the evils of war, the period has now arrived when peace, as we now have it, is disgraceful, and war is honourable." His Grace the Lord Lieutenant has been pleas, e l to appoint the following Gentlemen to be High Sheriffs for the erwuing year:— Co. Antrim... John Campbell, of the Vow, F, sq. C. van V- rrott TWriton, of Greenville, Esq. CLr- Thomas Mahon, of Enow, E- q. Cork T:. e Hon. Have. Sr. Later. Mayo George M . lion, of Wettport, E- q. Tyroae... Robert Wm. Lowry, of Pomeroy, Esq. Ir may be of importance to several of our Read- ers, to be informed of a species of imposition prac- ticed by some Mailors, who have lately sold their nail- by the short hundred, instead of the usual iranr b- r of 120. Builders and others, would de well to acquaint themselves on this subjeift. DERRY MILITIA. We take the earliest opportunity of contradict- ing an erroneous statement, made a few days ago by a Correspondent ( signed " A Traveller"), re- lative to the" fondufl oi two privates of this regi merit at Ballvc istle. The fafl is, the men alluded to, were de' ied by the Innkeeper, the proper ac- commodations' they ate well entitled to from their bilU t; - et, not- virhstanding which, they behaved with £ ical forbearance, and perfefl propriety, and the conduit ot the pubheaa . was so bad, that a inov r 5t:> eefable Magistrate was under tbe neces- sity of demanding h; s licence. The billeting of the men, we are informed, was also arranged with every regard to equity and the means of the in- habitants It is b it justice here to state, that wherever the Derry Militia have been stationed, the behaviour of both off. e s and men has been exemplary FOR SALE, 50 Puncheons Cork Whiskey, now landing, 79 Puncheons Jctmitica Rum, 30 Casks Montreal Pot Ashes, Cod Oil— ly GILLIES Ss STOCKDALE. 6. Custom- House- quay— Belfast, January 29. ( 467 CORK WHISKEY. JAMES T. KENNEDY & CO. are now landing, and have on sale, TWO HUN nil El) PUNCH EO V- V, Of choice, strong and well flavoured SPIRITS, fully Three Months old. 408) Belfast, January 31. NOTICE OF A VESTRY. C\ N THURSDAY the 1.1th February next, a VESTRY V will be held in the Parish Church of Belfast, at the Hour of El. t- VEN o'clock forenoon, for the purpose of Electing a POLICE COMMITTEE, pursuant to a Clause in the Police Aft, for Paving, Cleansing, Lighting, and Im- proving the Town of Belfast. Jan. 31. . ( 463} ROSS JEBB. TO BE SOLD BY AUCTION, Fir Account of the Underwriter!, on S ATU AD AY tbe 8th Fe- bruary, at No. 26, James' s- street, precisely at ONE o'CIock, j 0>' f'ONS ST. URES. SALT, damaged on board the 1 Jmi Br ad foot, JOHN Cu rcuEON, Master, strand- ed in' Ramsey Bay, Isle of Man, on her passage from Cork to this port. WILLIAM PHELPS. Belfast, January 29. ( 458 NEW AMERICAN POT ASHES. and soJi h ... entitle them to general approbation. ^ wRaip new s* Th- enrn'rerl armed brig Britannia, Aberdeen, for J --..' © n, suits fii- r ' air wind. Th" rm- r bri » Veru-, Pendleton, for London, and Nep- tune, Davidson, tor Liverpool, sail in a few days. - 1 he armed brig Levant, M'K'hbiu, is loading at London for this- port, to sail first fair wind. " The (. Vies, Savage, for I. iverpeol, ie detained here by coterur'y wint's ami bad weather The armed brig raftor, M'Niece, sails first fair wind for London. i he Swift, Neel, sails for Bristol first fair wind after 6' h . Instant. Liverpool. The new armed brig Genrge, James Caugbey, master, is loath, ig at J. ond<: n for Has port. The Diana, M'Callam, is leading for Greenock and Glas- . gow, to . ail in a few days. II. Margaret & Nancy, Galbraith, sailed from hence " SCiil, ire! -. rived safe at GiasjOW 27 th ult. I it: Betsfys, Neilson, is loading it Gksgow for Belfast. ERRATUM. By an F. rror of the Press, in the Advertisement respeft- inir the Appointment of Mr. ADAM HILL, the " Trustees vf the Linen an) Hempen Maxafiaare," were made « Trus- tees of the Linen and Hemp Manufacturers." • Clock. LONDON AND LIVERPOOL NEW TRADERS, j T'O BE SOLD BY AUCTION, at ONE o'clock, on I FRIDAY the 7tii of February, at the DGNRQALL- ARMS, Belfast, THREE SHARES in the above Concern. ( 460 JVoollcn and Manchester Warehouse, 84, HIGH- STREET. JAMES YOUNG MAS received, per* the Cunningham Boyle, from LIVER- POOL, a fresh Supply of* ENGLISH & WELSH FLANNELS, Strong SERGES, Scarlet and other Coloured STUFFS, Scarlet MOREENS, with suitable FRINGE. Also, a large Assortment of Single and Two- fold WORSTED, of lie best Quality, for Hosiers use- 466) Belfast, January 30 FLAX- SEED, TOBACCO, ASHES, AND COTTON WOOL. 100 Hogsheads New- York FLAX- SEED, 40 Hogsheads Virginia LEAF TOBACCO, 90 Barrels POT, and 44 Ditto PEARL ASHES, Now landing, which, with a few Bales COTTON WOOL, and 20 MATS best ALICAUT BARILLA, will be sold on reasonable Terms, by THOMAS BELL, 470) S4, North street. AUCTION OF OAK BARK. To he Sold by Auction, at Mot. on MONDAY, tbe 10tb Feh- Borle, Beil. TE A « R rua> 3 » r TW* TVI FCHET, ALARGE PARCEL of ENGLISH OAK BARK, of » N Excellent Quality. It will !- e put up in Lots agreeable to the Bidders, and approved Bills, on Dublin or Belfast, will be taken in pay- ment, at four months date. 457) January S I, 1812. HOUSE OF INDUSTRY. A S several Articles belonging to the HOUSE of INDUS- ,/ A. TRV, in this town, have - at different tim. s been Pawned, or otherwise disposed of by the persons to whom they were lent, the Committee appointed for the Manage ment of that Institution, do hereby give Notice, that they will punish with the utmost severity oflaw, all Pawnbrokers, Publicans, and others, who shall hereafter receive and detain any Wheels, Reel., Blankets, or other Articles belonging to that HouseJM a pledge for Money, Rent, Spirits, 4cc. or who shall purchase from any poor person, property belong- ing to the House of Industry. N. B. The Articles are generally marked WORK- HOUSE. WILLIAM CLARK, Chairman. Belfast, January 30. ( 469 * NOTICE. NPHE AUCTION of the HOUSE which was t » have ,1 been sold Yesterday, opposite the DONEOALL- ARIVIS, was postponed in consequence of the inclemency of the Wea- I ther; but will positively go on THIS DAY at ONE | ( 475 , —— . - „ ' - - - N account of the GENERAL FAST falling en WEDNESDAY, THE SECOND SUBSCRIPTION BALL, FOR TBE BENEFIT OF THE PUPILS or THE ' imm HARP SOCIETY, Will he Postponed till TUESDAY Evening the II th of February. Belfast, January SO. 473) LAST TWO W LliKS. ANDROIDES. fR. HADDOCK could not nntil now ascertain how long he may continue in Belfast, to receive those fa- vouis, which has been so amplv betowed on him since his commencement. From the pressure of business in Cork, he must be under the nece sity of closing his Exhibition, Ex- change- Rooms, on SATUHDAY NIGHT the 13th February. Doors open in the Evenings, at half- past SEVEN o'clock, and Exhibition begins at EIGHT; and on FRIDAY, opens at half- past TWELVE, and begins at OI$ E.— Boxes, 2.. 6.7. Upper Boxes, lj. 8c/— Children under Twelve Years, H- lf- p, ice — Mo Exhibition on TUESDAY, the Harp Ball Night, • r WEDNESDAY-, tbe Parliament Holiday. N B rhe MACHINE ORGAN in his Theatre will be SOLD as a Barrel Organ ( without the Machinery); it plays thirty tunes, and has three Stops, one. of which is a Triangle, which jjives great brilliancy to Country Dances— Price Is Guineas. ( 474 HOUSE AND LAND. TO BE SOLD BY AUCTION, On THURSDAY the 20tb of this Month, at ELEVEN » Clock, forenoon, on the Ptemises, by tbe Executors of tie Iate Miss JjNn Jktrin. FARM of LAND in the Parish of Belfast, contain- ./?> ing 17 A. OR 7 P. Irish Measure; yearly rent, JIVl 15s. \' d.; ten ears of the Lease unexpired at Novem- t, r last. 1 he HOUSE is beautifully s tuated at Newbridge, Upper Malone, and would accommodate a genteel family: the 0tike- houses were lately budt, and are in good repair. A deposit of .£ 100 to be made at time of sale, and the re- • tmrirder on perfefting the deed. The Purchaser can have immediate possession, except ab » ut three Acres, let to No- vember next. The Sale of the HOUSEHOLD FURNITURE to com- mence at TWELVE o'CIock, SAME DAY, consisting of Mahogany and . other Chairs, Tables, Side board, an Eight- slay Clock, Bedsteads, Feather Beds, and a variety of other Articles, & c.— Terms, Ready Money The above may be viewed any day previous to the Sale, by applying to DANIEL M'CLINTON, on the Premise.. 476} New bridge, lob. 1, 1612. THE FIRST OF THE SIX SIT BSC 111PTIO N ASS E M B LI F. S WILL be held at the Exchange- Rooms, on THURS- DAY, the 13th of February. Gentlemen's Subscriptions.... £\, 14/. \\ i. Ladies' Ditto £ 1, 2s. 9J. Non- subscribers, resident in Belfast, or within four miles of it, to pay each of admittance, Gentlemen 10i— Ladies...— 7r 6J. The Military, and Persons residing at a greater distance than four . iles from Belfast, to pay 5s. 10d. each admittance. Subscribers Tickets transferable in families only Ladies to draw for places at NINE o'CIock precisely. MAJOR WALLACE, RICHARD DOBBS, I Stewards. GEORGE LANGTRY fcf CO. MAVE just received, direft from NEW- YORK, per the Ship Prot.?.:. m, 150 Barrels, of first Quality, in fine or* der, and of the latest Manufacture, Which they will sell on reasonable terms. 422) Belfast, January 24. COTTON- WOOL BY AUCTION. GEORGE LANGTRY Cs* CO. WILL SELL by An' - ion, at their Stores, in Waring- street, on FR 7th Eels, at TWELVE o'clock, 204 Bales of UphnJ Georgia, \ COTTON- WOOL, 50 Bales t/ flV.- w Orleans J of Prime Quality. Term, at Sale. 455) Belfast, January 29. ANDREW ALEXANDER,! Captain CONRAN, 3 Mr. HUT . J., Master of the Ceremonies, will issue Ticket to Subscribers on receiving the Subscription Money. ( 434 NEW- YORK FLAXSEED, IMPORTED LAST SEASON DIRECT, NEW- YORK BARREL STAVES, SCOTCH HERRINGS, large and well- cured, in Barrels and Half Barrels, For sale on low terms, by ALEX. STEWART. No. 43, Talbot- street.—- Belfast, Jan 10. { 355 STUART MONTGOMERY, • OF LISTRIMDOAGH, NEAR MONAGHAN, INFORMS the Public, that he CURES PARALYTIC STROKES, of all kinds, merely by the use of Herbs, without the aid of any Drugs-— He has cured Patients who Were deprived of Reason and Speech, and the use of their Iambs, Arms, & c & c— Humanity to his suffering fellow- creatures induces him to make the above public. 459) Monaghan, January 28. FOR GLASGOW, THE DIANA, JOHN M'CAJ. LUM, MASTER, ( A constant Trader), I, oading, to sail in a few days. The HAWK, M'CORMICK Eight days after. For Freight, apply to GF. O. MONTGOMERY. The BETSEYS, NIILSOS, is loading at Glasgow, for Bel& nt. ( 471) . Belfast, jauuary 31. AN - APF* ILENTICE WANTED ' T'O the LINEN BUSINESS— Apply at the Office o' - I this Paper; i? by Letter, post- paid. A Fee will be required. , 462) Belfast, February 1. CAPITAL. ANOTHER LOTTERY PRIZE. ^ PHOMAS WARD has again the pleasure of announcing the sale of the principal part of No 2717, a Prize of ^ 1000. To Two Gentlemen in the County Down. The fortunate holders will receive the Money immediately, on application to T HO MA S 1F. 1 R D, WHO SOLD THE GRAND PRIZE OF £ 30,000, AND OTHERS OF £ 1000, £ 500, seioo, £ 50, & c. Sic. Highest Price given for Guineas. t> the Public carl be accommodated hy THOVtAS WARD, with Drafts on Dublin at One, Two, or Three D- avs, or on Demand for any amount, charging a very trifling Commission. 442) Belfast, 15, Hjgft- stree. tj Jan. 2?, 1812. SAMUEL & JAMES CAMPBELL ( TTaVE received, per the FACTOR, from LON APPRENTICE WANTED. AL AD of Genteel Connections, wanted an Ap- prentice to the GROCERY BUSINESS, in Belfast. Application to Mr. S. TUCKER, CuaoMCLE- OrricE ; if hy Letter, ( post paid). 456) Belfast, January 19. SALE BY AUCTION. Tenements, Huddins;-( iround, and several other Premises in HaUymacarrett, HELD IN PERPETUITY. npHE TRUSTEES of BENJAMIN EDWARDS, SEW ! L will Sell by Auftion, at JAMES. HTMJMAN'S Ofice, in Donegall- street, on MONDAY the 3d Day of February next, at the Hour of ONE o'OIock, the several TENE- MENTS, BUILDING- GROUNDS, & i. & c. as formerly Advertised in this Paper, the particulars of which vsjll he more fully set forth and described previous t » the day of Sale. As the whole, or a competent part thereof, must, and will be perempto- ily Sold on the day above- mentioned, the Sale will be well worth the attention of a. i who wisli to lay out money to Che greatest advantage. 464) BelTjt, January 23,1812. In one of the alive Lots, will be comprised, a well secured Profit Rent of £' 200 per ami. for ever. A DESIRABLE GENTLEMAN'S RE. SIDENCE, WITH A SMALL FARM, To le Let, or the Interest in the Lease Sold. THE above HottsE and FARM, situated in the County of Down, within two miles ot Clough, and fo « r of Downpatrick, containing 43 Acres, is held at Forty Shillings average rent per acre, and has Ten Years to run. The House and Offices are recently fitted up - t considerable ex- pence, and the Land drained and laid down clvefly in ex- cellent condition. The HOUSEHOLD FURNITURE, STOCK, and FAKMING UTINSUS, may be had at a fair valuation; and immediate possession given. If not previously thus disposed df, the whole will be Sold by Au& ion on the 2d day of March next. Apply to the Proprietor of this Paper; or at the Posf- Office of Clough, or Downpatrick. ( 461 NEW TEAST CLOYSK- SKEIJ, KC NR » HE SUBSCRIBERS are I. ALIOING, per the VE- 1 NUS, 204 Chests Teas, assorted, 50 Sacks fine nezv Bed Clover- seed, • 10 Hogsheads Lump Sugar, Which will be sold cheap. MARTINS, HARRISON, & CO. Church- lane, January 20. ( 405 H ROBERT TELFAIR, JUN. AS received per the CERES, from Liverpool, and MAK- ILJL CARET & NANCY, from Glasgow, 48 Hhds. JAMAICA SCALE SUGARS, Of Very Fine, Fine, and Second Qualities. 28 Hhds. VIRGINIA TOBACCO, A few Serons SPANISH FLORA INDIGO ; And per the LIBERTY, from Dublin, 45 Puncheons WHISKEY, Strong and Well- Flavoured, and A few butts ZANT CURRANTS; Which, in addition to the following, 46 Hhds. Prime Virginia Leaf Tobacco, Richmond Inspection, Fine and Common Gongou and Hyson Teas, Scotch Molasses, in Hhds. isfc. life. He will dispose of reasonably. He is always supplied with COMMON ROLL, CANE and PIGTAIL TOBACCO, ORASi- CUT, SUCCARDS. and SNUFF, of his own Manufacture. 389) January 16. HARDWARE, Tunbridge and Fancy Toy Goods, IN GREAT VARIETY, AT NO. 19, HIGH- STREET. C" 1 EORGE M'ADAM h-. s received a further Supply of JT the above description of GOODS, by the latest Ves- sels from ENGLAND, which forms a very general and exten- sive Assortment. The same he will dispose of Wholesale and Retail for moderate Profits. A few good Violins— Ladirs'' Tamboureens— Gentle- men's Dressing Cases, and Dissected Maps and Prints, on bands* An APPRENTICE wanted. 454) Belfast, January 29, 1812. WHISKEY. '" JO ' ip) PNCHEONS> of Prime Qllality, for sal" by the ic SUBSCRIBERS, which, with every Arti ! e in the WHOLESALE SPIRIT LINE, will be disposed of on reasonable terms. JOHN & JAMES BENN. • 78, North- street— Belfast, Jan. 29. ( 453 MONTREAL and NEW- YORK POT and PEARL ASHES, first Brands, and excellent order,, with choice NEW HOPS, in Pockets, for Sale by JAMES CUNNINGHAM & CO. Belfast, Jap. 24? ( 418 TO BE SOLD, With or without the Rigging and Apparel, THE LIGHTER GALLED THE FOUR fy HOT HE US, Only two years built— burthen 40 Tons. She is suitable for the Canal.—— For particulars, apply to JACKSON CLARK, Chichester- Quay, ( Belfast, January SI. . ( 4T2 DON, H 87 Chests Congou \ G reen Teas, assorted, FOR SALE, WITH Very Fine and Fine Scale Sugars, Refined Sugar, Refined Saltpetre, Spanish Indigo, Black Pepper, Pimento, Ginger, All of which they will dispose of on reasonable term3 338) January 6, Sea Island Cotton- Woil, Georgia Ditto, West India Di'to, Pot and Pearl Ashes, Bleachers' Smalts, Alicante Barilla, Leaf Tobacco, T NEW GARDEN SEEDS. JAMES SMYTH, English- street, Armagh, ( Late Gardener to his Grace the Lord Primate,) S leave to inform the'Noblemen, Gentlemen, and the Public, that he ha. this day landed hi. New As- sortment of GARDl'N SEEDS, Fr. m on board the VKNUS, Captain PENDLETON, from LONDON to Belfast; al< o, Red y White Clover, I White Englbh Grass Seed, Trefoil— Vetches, | Bass Mats, All will be engaged of the best quality, and lowest prices; Also, some Fruit Trees and Thorn Quicks. 432) ARMAGH, January 24. TO BE SOLD BY AUCTION, On tbe Premises, on MONDAY, the Id of March next, if not previously disposed of by Private Contrail, \ FARM of LAND, in the Grange of Muckomore, A containing 25 Acres, at 12/ Gd per Acre, free from Tyrhe snd Church Cess held under the EARL of MASSH- REENE, for Lives renewable for ever. The Land is lu high condition, well watered, fenced and drained; situated m a pleasant neighbourhood, lying an the River i; l « < i , tii. ee miles from Antrim, and nine fro:... Bel: is,.' • , rt of the Purchase- Money may remain in '}••• ". nenssers har. ds . For further { particulars, a? p> % o Mr. IAMM Coomtt Rose- hill; or Mr. JAMUS SI SEN, Cl. dy. 451) January 27. TO BR SOLD BY AUCTION, On FRIDAY the 14th February nert, on the Premises, at ONE o'Ctoci, B~ trRAfl*- r# i- t* OOTntaxTmt, and about Four Acres of LAND, situat » d near Malone Turnpike, held by Lease from JOHN THOMSON, Esq for 31 Years from May 1809; subject only to a Rent of 65 Guineas per annum.— Apply to GARTRANO FA BR TNI. Belfast, Jan. 28. ( 440 HOUSE IN CRUMLIN, TO LET- ' jflHAT Large KEW HOUSE, in the centre of the Town I of CRKMLIN, on the building of which, with the Stabling thereto belonging, more than £ 1000 have been expended; it is eredled on the best plan, and particularly well adapted for an INN, being decidedly in the best situa- tion for business in the town. These premises are to be lec, and immediate possession given: the Tenant can be accom- modated with Three Fields of excellent Land immediately adjr. ining the town; and as it is intended for an Inn, he mils' be capable of conducing such an establishment in a genteel style, and one who would be approved of by Colonel HEVLAND. TO such a person this Situation must beh ghly advantageous, being in a flourishing town and neighbour- hood, and en the great 1* 0nl leading from Antrim to Dubl{ n. Mr. JOHN I. ETHAM, of Crumliu. will shew the Pre- mises, and for particulars, apply to the Proprietor, PATRICK M'LORNAN. Belfast. Januiry 29, ( 44f HOMRA- GLEN HOUSE & FARM. To be Let, or tbe Interest in tbe Lease Sold, ' npHE above FARM, situated in the County Down, v « I in one mile and a half of Hillsborough, and two of I. isburn ; is held at a low Relit, under the MAHQSIS of DqtfNSHiRE, for one young life and 12 years; it contains 55 A. 2R. and 7 P. English Measure.— The House and Of- fices are large and in excellent repair, and the l. and is in the Very best condition, the greatest part of which was measured and soiled la. r season. The HOUSEHOLD FURNITURE, STOCK, and FARMING UTENSILS, may be had at a valuation, and immediate pos- session gven.— Apply to Major GAYER, the Proprietor ; or at the Office of this Paper. 319) » Homra- Glen House, Jan. 4 A GOLD WATCH & C. LOST7 Lost on the Evening of the 1 alh inst. A DOUBLE CASED GOLD STOP WATCH, Cap- IsL ped and Jewelled, ( with a Gold Chain, Key, and Seal), Maker's Name, WILLIAM HALBRRT, Glasgow, No II, 338; Any Per « on who will brihg said Wateh, 4tc. to R03ERT HAMEK. TON. Esq. Surveyor of Excise, Ncwtownlimava- dy, will receive TWO GUINEAS of Reward, and no Questions asked. 417) Newtdwnlimavady, Jan. 21. „ The Public are tespe& ftiliy inform' 1' ^ . « d, that it is intended the following mmw N- E- TRADERS Sfrail sail at the undermentioned periods: FOR LONDON, The artned brig BRITANNIA, ABERDEEN, First fair wind The armed brig VENUS, PEUDLETON 8th February. 15- These Vessels being artned and completely well found,. Insurance by them will consequently be effected on the most reasonable terms. FOR LIVERPOOL, The NEPTUNE, DAVIOSON In a few days.' FROM LIVERPOOL FOR BELFAST, The JANE, BUSBT... Firtt fair wind. T£ e KELLY, M'ILWAIN*. Seven days after. FROM LONDON FOR BELFAST, The Armed Brig LEVANT, M'KmaiN... 5th Febru. ry Fo: Freight, ill London, apply t » Messrs. WM. & JOHN WHARTON, Nicholas' Lane; or, m Belfast, to R. GREENLAW, Agent, Who will receive and forward LINEN CLOTH and other- MERCHANDIZE with Care and dispatch. j[ A few St< H. t I- ads wanted an APPRENTICES to jt the Sea, » wtuwi liijtri! Eacocrsgemem wifl bejr? co. BALLYMONEY BALL & SUPPER, npHERE will be a BILL - id SUPPER in Ballvmoriey L Ball- Rojm, on FRIjJ \ y the 7: h 01' February, con'- dud-' d by J MRS. B yRNETT Ballvca. tle. and HEN* Y IRVINE STUART, Esq. Gracehill. Antrim- Arms. Ballvmoney, Jan. 2r>. ( ( J43 KILREA HTNT. IpHE MEMBKV. 8 of the KILREA HUNT, Dine at : 4th 1 thei*. Ci. os- Uona, KI-. SKA, on M JfiMAi", February next.— Dinner at Fivs o'clock. N. B. file Hound-. Iraw Banville, at Ifine in the Morn ( 4") Dated 29th Jan. IHi'J. HISTORICAL SOCIETY, TRINITY COLLEGE. ' TIME COMMITTEE! appointed to adopt measures f r ' the improvement of th LIBRARY, request th„ t .„, Gentlemen a: may have in their gxMwswn any ilioks ' » - • :;. - ir. g to the Institution, will retn' ti them to the Cha>•!' theCominit. ee between th- hour, of - T* » iv.> ( o'CIock, of any day previous to Saturdi, the 8: n of Fe- bruary next J. w. J. LEND RICK. 15, College— January 25, 1812. ^.. 47 TO BE SOLD BY^ UCTI0N7~ MJRCHIOH/'. SS of DowrmMRB, \ " fT]) UiJ SU AN 1' o a IV. Plaintiff; i l|.' crei, 0f j.,;,,,., HAWLTOK Moons, Esq. \ Court of Exchequer in Ire- and Others. t hnd, made in ibis Cause, Defendants. \ the " Tovvjiiantls of BALLY- • MACREELY u. id CAR- the Barony of Dufferin,- md RICKRUSKY, situate County of Down. Further particulars, with' the Rental and Day of Sile", will be piibliilAd ac a future period « 34)___________ Belfast, J . Tnuary I. NOTICE. r ' ' PHE TENANTS of the MARQUIS of DONEG. ILL, in •'- a i- County of Antrim, are hereliy required to pav all Rent, and arrears of Rent, ' ue 011 their several hoi, linos at November last, within twenty- one days from the date heteor", otherwise legal proceedings will be taken to en orce payment of the same. EDWARD MAY, AGENT, Castle- Office, January 27, 1812. ( 433 £ 1,600, TTO be I. ent, on a mortgage of . Lands, situate in the ' County of DOWN— Apply to JOHN CR \ I! J, Attor- ney, Downpatrick. Januarys, 1812. N. B. It must be the first incumbrance. 3 SOAPBOILER & CHANDLER Wanted im m >. d taTely, 11 N a Country Town,—. To one j. rfe^ ly roaster of Ki « Kjj. l! siftess, liberal encouragement will be -••• in ! • ; trouble none other need apply.—- Relere: ices as to in:: abilities, & c. will be requited. , Application by Letter, ( pott- paid), to A I!, at « . will be attended to. 362) Dec • WANTED, A PERSON, who will Conrr. a to Supply ', e - • ." A TAL, Smithfield, with SW « ' EJ" . N', I R| P for one year. From ., 0 to 80 Ouaif . s . ji - ,*. • i required we'kly.— Proposals will be rec . iv u , ,, 437) J- nua,; 2o. " THE FIRST SPRINQ SHIP FOR NEW- - i. YOi- E. THE AMILRICAS: < H' « /' K > i T F. C I I r, KENRY BF> RNS, VTA. R SA, - rVJKs- atS* ( A I e- ular Trr- der.) Now in rhis Harbour, having jusr ar. jve- j ,' fter a pw of 25 days, and wl » sail again for the abov.. ,. ort ' ir; t fair wind utter 24: ! i Febrtufy next. ' s only a few rs can be taken, immediate appli- cation will benecessarv to GEORGE LANGTRY IC CO. Belfast, January 24. KJ. Those wlao may have Otders { torn Anwrvi tube received en . board, are requested to apply iinm-. i;..',-!/. h . fi^ wThe Public are respeA'^' ly : J^ Ssk. toat tfie folio .,-: ^ jmr REGULAR TRADER, s ^ *> WW tai'for their respective fort;, . tvith the frit fair Wind after the dates mentioned ! FOR LONDON, The Armed Brig FACTOR, M'NIECE First fair wir. d The Armed BrigENDEAVOUR, FITBVIMONS. H days AFTER FOR LIVERPOOL, The CUNNINGHAM BOYLE, B.: 1.1. ... I 31st January. The FANNY, MARTIN Eight daysaf'er' FOR BRISTOL, The SWIFT, NSEL 6th February. FROM LIVERPOOL FOR BELFAST, The MINF. RVA, CaoHTENAT...,. lst February. 1 he COMMERCE, B- ISHOP Eight da ; s after.' FROM LONDON FOR BELFAST, The Armed Btig GEORGE, CAOGHET... 10th Kebro V The Armed Brig LAGAN, HONRINS 14 d. ys ter Far Freight, in Loudon, apply ! o pvfessrs. ALEXANt EH and WILLIAM OGILfiY, Abchurch- Yard. Gentlemen who have Linens to forward, will please send them to GEORGE LANGTKY A few Stout Lads wanted as Apprentice, to the Sea. - t FIRST SPRING SHIP FOR NEW l^ m YORK. The American Ship MARTHA GJGJGSFF; I. OBAN GARDNER, MASTER, ( Burthen 500 Tons), Will be ready for sea on the li'th February, and sail posi- tively the first fair wind after. She is a fine new ship, oniy one year old. Such Passei jets as desire to embrace thu early conveyance, are recjue- tei 10 make ail immediate ap- plication to the CAPTAIN, on hoard, at Warrenpoint, or to RICHD. BRYANS, Who has for Sale, FLAXSEED and BARREL STAVES received by the above Vessel, from New- YORK 427) NEWRV, January 9.4. FOR BUENOS AYRES, DIRECT, THE REMARKABLV FAST- SAILING, COi'l E » AND ARMED SHiP ZEPHYR, J. DUPARCQ, MASTE.-., Will be clear to sail about the 10th February.— For FreL!; t Or Passage, apply to MONTGOMERYS, STAPLES, & CO. WHO HAVE OJT SALE, Buenos Ayres Tallow, and Salted Hides, Georgia^' j COTTON- WOOL, Leaf Tobacco— Logwood and Fustic. 41' S) Jnoaary 24. SHIP FOR SALE. THE 3WIP JAMES BAILIE, ADMEASURING 282 TUNS, Copper- bolted, and Coppered to the Bends;^. uy t » .: n months old; bailt of thebest Matrri Is, sp. i i- » tr. tjiely v^. ii j fooud in every reaped-— For Iiivetitoty, and further , a' . ticulars, apply to I M'CLUPE, BAILIE, & WHI rLAS\ 307) D on that case, after hesitating— hearing the evidence — the able discussions on both sides, and although ^ ualifvin. i tb< ir verdict bv stating there was an insuf- ficiency of found HP jnent ? If that verdict was right, you will be of the same opinion ; but if wron.-, and absurd on the face of it— if it w-. s so erroneous th.- t the gentlemen » lip brought in that verdict were ashamed to deliver it without an apology, 1 know you too weli t. o suppose you could lie influenced by any political or personal consideration", cither by hope or. fear, to exer cise your judgment in a way not pursuant to the dictates of your consciences. And, Gentlemen, 1 do declare, if I had been upon that Jury, I would have had as much doubt upon the evidence iriven upon that occasion, as 1 have at present on this triai, or that I have a doubt t e sun is now shining. It will appear to he still more ludicrous, that jvich a vi- rciicl could be found, when I come to state to you, the manner in which such a verdid was had. It might be owing to that display of ta'ent and ingenuity exerted by my learned friend ( Mr. Burrowes), who never fails to exhibit an uncommon decree of enthusiasm, on all questions which affeifl the lights and claims of the Roman Catholics of Ireland; 1 do not recoiled that he ever told the Jury the charges which were against the traverser, or that they were untrue; although he laboured, in a speech of three houis, which I do not say was ei her prolix or tedious, in justify- ing the fail, without denying the ttuth of it. He urged to the Jury his comments upon the Con- vention Aft— he justified the meeting of that as. sc- mbly, upon a statutable construction, without even impressing upon their minds a doubt of its existence. Has it ever happened, in any common case on a question of property, or a case of assault, that Counsel was employed to vindicate their client, not by contending that no such assault took place, but that the party was justified in violating the lav ? My learned friead has told me that I was in Boeotian darkness, as to the Catholics of Ireland, if I did not know that Catholic Committees have ; existed for these fifty years, and held their sit- • tings in the city of ' Dublin. But, Gentlemen, 1 allow me to say, t-!: 31 if Catholic Conventions can assemble in Dublin, in defiance of the proclama- tions of the Government, in contempt of the consu- lted authorities ofthe land, insulting the law and the constitution, I am glad to be in such lkeotian daik- ness for 1 would not wish to live in that country y here such a monster of anarchy existed. 1 love my country, but not to be under the government of a Ca- tholic Parliament; if the Catholics have claims, let tlietn be made to the Parliament of the empire ; there aloac must they be discussed ; and therefore, gentle- men ofthe Jury, if my learned friend should get up to argue the propria) of Catholic claims, yon vcili ruin aside from that inquiry— for the question is, whe- cvidence as to the fact of delegation, yet veidict on a weak and erroneous., judg. ther Mr. Kirwan is guilty of those facts, which if he commited, amount to a violation of the law of the land ; for the law upon . that subject you must attend' to the opinion of tlie .. Court, and from. no other source are you warranted in taking it. FRANCIS HUDDLESTON examined by Mr. Solicitor- General. Did you attend at a public meeting on the 9th of July last, ill Fishamble- street ? I did. Who presided in the Chair ? The Earl of Fingal; I see him ill Court. Who acted as Secretary ? Mr Hay. Were any resolutions prepared, read by any person ? Mr O'Connell moved four resolutions, but before that, Mr Hay read a resolution which had taken place at a nrior meeting. What was the nature of that resolution ? There w ere re- solutions then proposed by Mr O' Gorman, and were carried unanimously. Mr HuddleStoa then stated the words of the 1st resolu- tion, and also ofthe 2d resolution, for a repeal of the laws affecting Roman Catholics. He then stated the Sd resolu- tion, mentioning that lie added an et cetera, not. having heard the words, but which he said lie could supply from what he saw in the Dublin newspapers', namely, that the Catholics would conform themselves, in exercising their rights, and adhere to the ancient forms of the Constitution and to modern Statutes. John Burne proposed another re- solution, viz. that the Committee to be appointed to pre- pare petitions, do consist of Catholic Peers, eldest sons of Peers, and Catholic Baronets.— 3< lly, of tan persons chosen from each of the counties, and the surviving delegates of 179. T, to form an integral part of these ten, and five persons from each parish in Dublin. There were other resolutions — 500/. to Todd , Tones, and. thanks to Members of Parlia- ment — Mr H. thought it necessary to explain some circum- stances that occurred litre the last day. He adverted to the letter to Sir C. Saxtnn ; there were three circumstances which made an indelible impression on his mind. He bad often heard Mr John Byrne speak ill private, on the subject. The resolution was in the teeth of the circular letter, and there, was a bustle hi the room at the time the resolution was pro- posed. lie was expressly' desired not to insert the word delegates, in reporting. Cross- examinefi ty Mr. Goold. How could such a letter, written in March, refresh your memory, on a subject in July ? Mr. IT.— I did not. ^ taM in need of any thin;; to refresh it; an impression may bo made by a chain of circumstances. Mr. Goold.— So then you refresh your memory on a priori event by a reference to a subsequent event; that is the su- blime and obscure.-— laugh) Mr. H. said, he does not. Wld an office; he has not, since the late trial, had nnv communication on the subject of a place. Ts not a relapsed Papist, and sv.- ears he never will, unless he loses his senses; would not for a Catholic Bishop- ric. lie was ake I would he, for dCSOOO. Answered, Oh, no ; in thing could ohnmie Ills private opinion^. He might go to Mass from courtly : he was accustomed. to mifbrtune, and could bear it— he was r. ot an unwilling witness. He did not see Kirwan at that meeting— believes Lord Firrgal to he a loyal man— He was asked did he think Lord Fingal woul. l preside at any Meeting which had an illegal objeil in view ? He said be would answer that question by a para- phrase; he was not accurate to the fourth Resolution ; wit- ness was desired by rhe Court rc give direct answers. Cannot tell whether there was any variation between the evidence and the information.— He s vore before the Chief Justice. JOHN SHEPHERD Sworn. Is a peace officer, and attended, by direction, at LifFy- strcet ( lapel, on S1 r, t. July last. Dr. Sheridan presided.— Mr. Kiiv. an, the traverser, addressed the Chairman. The first thing done was a petition, proposed My Kirwan to the Prince Regent, about the laws affecting the Catholics. Tbe motion was carried unanimously. Kirwan made another mo- tion, to elect live persons to represent tilt; Roman Catholic inhabitants of St. Mary's parish, to present the polition, and to rrtiusact the other business of their parish, in the General Catholic (' ommittcc. The 2d resolution, that seven persons,; not Candidates for this Committee, should he chosen to elect tl"* iivr This mode was put aside; as somebody. asked, did not Mr. Kirwan know, tint a proclamation \ v; s issued.— Tiie opposition was withdrawn, and the original ju- « poiiitjon. war carried. Witness saw some of the seven persons nomi- nated; saw them retire md return; before they relired they asked hew tliev should know the candidates, and they were to d tbey would gat a list. On the return of the seven per- sons, a question was j> tit. by Dr. Burke from the Chair, whether Dr. Sheridan ( whose name was returned.) was a fi:.' person to lie elected to tjie Committee? The question, was carried unanimously. Dr. Burke then left the Chair, and Dr. Sheridan resumed the Chair, and he ( Dr. So) then put tile question on the other four, who were elected. xamitied by. Mr Burne. Liffey- street Chapel comprehends three parishes; Mary's, Thomas's . md George's. lie said, that oil his . direct exa- mination, lit admitted that it was a meting ef the Catholic parish of. St, Mary's. Can you statu the exact words of the two resolutions? I cannot, but I can give the substance. ( an y. m take on yourself to say tiie word represent was ii; the resolution? i have net a doubt hut. it was. When did you last read your notes? Not since 122d of Nov.-~ has not the notes. What did you do with tlleni ? Gave them to the Crown Solicitor, Mr Keiumis, three ilays after he swore the infor- mal ion; lie got a capy,- but could not ( after a long pause) say tvyljo tfaye liim a v . o' ofthe information. jpKl you lodge examinations against Dr. Breeu ? Dr B. was included, because,- lie heard his nance mentioned. [ Here Mr Burne caller1 for the informations sworn by Shepherd against l) r. li: een. Court acceded.] The AUoi- iiey- t. ein ral said those informations were the property of the Crown, and in custody of the law, and ho would object to their production, The Court rilled, that that part of ibe information relating to Dr. Breen should he r. sef— Witness said that he did not swear positively against Dr. B. as one of the persons named — he . did not know any or the live personally, but be swore bce. aise their na'ces were mentioned. Sineu t! i « last trial, did you converse with any person ? certainly not. Did any person speak to you about the trial ? No.— Oil, ves-'— relative to the trial— but not for bias. Witness desired by the Court to answer.— Witness said that the only conversation he ever hid ( a king pause,) was, on Sunday last, with voting Mr Keimuis. " Where is the copy of the information you lia. d on Satur-, day? I camiot say. Where ( lid you Lave h ? I give it to M'Douogh, aud believes M'Dojiogh destroyed his notes. Why did you give your copy ofthe information' to M'- Donogh ? He asked me for It; he never asked for them since.—•— Why did M'Uonogh ask tliem ? I believe by or- der of the Chief Clerk. [ Mr Kcminis, jun. had the notes— they were produced, and Mr Burne required to read them; they were given to the traverser's Counsel.] Mr Burne— Had you this memorandum in your possess- ion since 521st November? Yes; Mr Kemmis gave it to me last Sunday. Is it exactly in the same state as when you gave it to Mr Kornmib ? Yes, with the exception of what marks Mr Kenimis made to it, The Court. adjAlrnW! THIRD DAY— WEDNESDAY, JAN. 29, This day, upon the sitting of the Court, Mr. Bur- ton made an application, that the notes of Shepherd, which had been produced yesterday, should be given into the hands of the Counsel for traverser. Mr. joy said he would consent, provided they were allow- ed to be given in evidence. Chief Justice— They were handed to Mr. Burrowes yes- terday, but no observations can be made upon them, unless they are read, Mr. Burton— How can I examine Shepherd concerning them, unless I see them. Chief Justicc— You may call the witness, and ask him any questions which the notes may suggest to you; they were handed to Mr. Burrcwrs ycterdav; but there ca » be no observations made upon them unless they are read. Mr. Burrowes— Upon the jumbling of the notes together, surely there may be an observation, although not upon the Judge Duv— Yesterday, Serjeant Moore filing down the notes upon the table, and - aid. ( here they are for you : what was that but that th- Counsel for the Traverser might uie them as they pleased ? Serjeant Mnorc— my nattie has been mentioned, it i, i> necessary that I should say the observation concerning them come- from the oiher side. When they were produced, tt » ey were « houted for with exultation frrtm the other side, and with the same spirit which has manifested itself throughout all these proceedings they were seized bv manual force. Mr. Eurron- es— I feel, after what has been said, it is ne- cessary that I should exculpate mvself from so indelicate an a> Stas laying violent hands upon the paper. I solemnly as- sert, that the learned gentleman told me I should have a copy of them, anul he did violate that engagement. Serjeant Moon*— Thev were got from this side by stra- tagem, and Uiey were got back in the same manner Ju.' ge Osborne— We will put the adjournment out of our consideration. We left them in the hands of Mr. Burrowes. I decided he was nor. entitled to a copy of them; but anr other use he is certainly entitled to. We left them in his hailds when we last saw them, and they certainly should he placed in his hands again. Mr, Burton— I am very sorry that any altercation should have occurred uron the subject. It will fall to my lot to ask the witness some questions. It is said they are not M'Do- hogfi'e notes ; upon reading them it might he necessary to ask him some further questions, anil to compure Shepherd's testimony with M'Donogh's. The Chief Justice— Produced, as the notes were, you certainly had a right to look at them, and examine Shepherd from them, if you thought necessary ; but if they were not given in evidence, you had no right to a copyr from them for any other purpose. JAMES M'DONAGII, examined by Serjeant Ball. You are a clerk in the Head Police OfHce ? Yes. Did you ever attend any Roman Catholic meeting ? Yes; I attended a meeting of Roman Catholics at Lifjj.' y- street Chapel, on the 31st of July last. Were you accompanied by airy person? Yes; Shepherd accompanied me- Was there a Chairman appointed ? Yes; Dr. Sheridan. 1 lid you observe any one address the meeting ? Yes; Thomas Kirwan, the prisoner. What, was the subject of his address? lie proposed that an address should be prepared to the Prince Regent, and both Houses of Parliament, praying the removal of the penal laws against the Catholics of Ireland. What was, the fate of his proposition— did any person put the question upon it? Yes; Dr. Sheridan did, and it was carried unanimously. Was there any other motion made ? Yes, by Mr. Kirwan; he moved that live persons should be appointed to prepare the petitions, and that the same five persons should repre- sent the Roman Catholics of the parishes in General Com- mittee.— It was seconded and carried. Was there any other motion made ? Yes ; !\ fr- Kirwan proposed that seven persons should be chosen to appoint the live, but that none of tbe seven shoe Id be eligible to be of the live. It was seconded and carried. Were seven persons nominated pursuant to that resolution? Yes Were tlie seven persons, so nominated, present ? 1 believe they were. What did they do ? They retired for about ten m'nutes and returned again, and they proceeded to men- tion the names of the five i> ersons appointid, What were their name's? Dr. Sheridan, Thos. Kirwim, Henry E. Taaffc, Wm. Swcetman, Rich. Siiiel. When Dr Sheri- dan's name was announced as one of the live, he was mov- ed out of tbe chair, and Dr. Bourke took it. Dr. Bourke put the question upon Dr. Sheridan's motion to the meeting, which wa* agreed to unanimously. Was Mr Kirw.- n's name put ? It was.— Did Mr K. de- cline being one of the Committee ? be returned thanks, and said lie would discharge the dt- ty of tbe trust reposed in lihn, to the best of his ability.— Did Dr. Sheridan leave tbe chair again before the meeting broke up ? Yes ; and Mr. Taafie took It, and tiie thr. nks of the meeting were moved to Dr. Sheridan for his proper conduct.— Did you hear any tiring there of a proclamation being issued ? Yes ; some per- son was about to make some motion, when he was interrupt- ed by sons: Ixidy else, Vho asked " Did you not. Ii- sir of ' lie proclamation ?" and s*$ d Ids motion would only retard the business of the day, and the intended motion m dropt. Jud& e Day.— When Dr. Sheridan took tlie ci^- ir, did he out the question UJS. MI the other ? II* did. Cross- examined by Mr Burton. You were employed to take notes of what passed ? Yes. Who was your Commanding Officer; was it Major Sir? No.— And Shepherd was sent there to take notes also? I believe so.— How many were in the chapel ? About 100. Did you ever take notes before ? Never.— Of course when business began, you took your pencil, and wrote away? Yes, and Shepherd did the same.— Did you compare notes at the time ? I do not recollect.— You wrote down all that passed ? Yes.— You never altered them afterwards ? No, but to put it into writing. Did you ever see Mr, Kirwan before that day ? No. Did you ever see Dr. Brcen before ? Yes; but I « iid not see him that day. I heard bis name as one of the seven per- sons nominated. Did you swear he was there ? I think I saw- Dr. lireen come out of the Chapel with the crowd; and before J left the Chapel, 1 heard l) r. B.' s name. I mentioned it at the same time to Shepherd You did con- trive to swear, in your information, that Dr. Breen was one of tlie seven who retired ? Yes; I believe he was there, but I did hot see liim. Did you not swear that all the seven retired? Yes; Inii I did not know them all. You sit opposite the Chairman, and saw every thing that was done ? Yes.— You made a copy of what was done, from your pencilled report ? A part of ihe notes I copied i| i writing.— Did you tcopy the whole from your pencil ? Yes • from my pencil and memory — Did you put into the informa- tion all you had in your pencil, or did yeu transpose any part of it ? No— Do you know the meaning of the word trans- pose ? No answer. Did you put more in your information than you had on your pencil report ? I did not.— When did you first see Shepherd's notes? The day lie" copied them, and again last Sunday.— Thev are not. wo ; < , r word the same as yours ? No. You forgot when y > u said upon The 1 : st trial that you took no notes? 1 believe 1 did aot. ( Here Mr. Burton read from Ridgeway's report of the triai of Dr. Sheridan, part of the evidence of the w- tness, which, it was relied upon by Coun- sel for traverser,' was in direct contradiction to his present testimony) You then swear \ ou lu. vcr made a copy of your notes, or took, an abstract from them ? Xever; but the informations which I swore.— If you did say it before this, it was not the truth ? 1 copied part ol' them. When did you see your own notes last ? I do not know. When did you see your informations? Oil Saturday.— Was the word represent used at all ? I am certain it was.— Did that certain knowledge come to you in your sleep, or from any other person since the last trial ? I have seen no- thing but the information since the last trial. You saw tin in before last trial ? Ves, some short time. You took them word for Word, and yet upon the last trial you said you w ere not positive ? I could not positively say then. Have you talked with any person shout this since ? None, but w ith Mr Keimnis last Sunday. What did he say to you ? He asked me to repeat part of the particulars. Is it that circumstance which has refreshed- your memory ? Tbe read- ing the informations refreshed my memory. You say you know the meaning of the word represent? Yes.— Bid it make a strong impression upon your mind, when you first heard it ? I cannot say it did You could not be positive before ? No ; but I am now.— On the last trial you said the word was present or represent ? No, I did not; I recollect perfectly well what 1 said then. You heard the m ,' ion put from the chair, with the word Repre- sent ? It was put by Dr. Sheridan.- Did you not say, half an hour ago, you did not recollect whether it was put or no ? No. Recollect— You are mending and altering your evidence — will you now swear that Dr. SI i east Ion put the motion, with the word 4 represent?* I believe he ditl. You have said that a resolution was proposed and withdrawn, and something said about a proclamation ? Yes: some person was about to move it. But no words of the resolution were mentioned ? No, I believe not. Then you are un- der an uncertainty if the motion was made or withdrawn? Tfe was interrupted and could only say a word or two.-— You took notes as exact as you could ? Yes,; and Shep- herd's notes were taken the same - way. Shepherd gave you a draft of his mfonuution to refresh vvour me: oory last Saturday? No, not to refresh my. memory. Did vo; i read it? No, What did you get it for ? to give to the Magistrate. Bv the Court.— You r. Wer. v positively the word represent was in the 2d resolution ; why were you not positive of this U'WII the last trial ? Because I read the report later now than before. Then it was from reading the informations you refreshed your memory ? Ife was. The Attorney- General.— Upon the last trial the question of law was understood to. be the only question contested. We therefore did nor then give the Proclamation in evidence. I propose now to offer yoti in evidence the Proclamation, which issued upon that day. It rs evident thar the Proclamation was alluded to at the Meeting, which connects it with the evidence. Mr. Burrowes— I admit it to be given as evidence, al-. though in faft, it was not issued until the evening of the day before the meeting. Here the case was closed on behalf of the Crown. ( For further continuation see SE JGND . PAGE.) L\ EWKY. AUCTION OF Tobacco, Oak Timber, and Pot Ashes. ANDREW AIKEN, will se'I by Au& ion, at his Stores, on SATURDAY, the 1st February next, 37 HMs. very dry bearing Tobacco, lately landed, 100 Tons White Oa h Timber, 16 Barrels id sort New- Torh Pot Ashes. Terms will be liberal. ROBERT MOLLAN, BROKER. Newry, Jan. 21. ! ( 410 KING'S STORES, DUNDALK. LEAF TOBACCO Bf AUCTION. fipo BE SOLD BY AUCTION, on TUESDAY the 4th - I of February next, atthe KING'S STORES, in the Town ( S DUNDALK, xt the Hour of ELF. VEN o'clock, 147 Hogsheads Prime Rearing Tobacco, Or whatever Quantity of the same, that may remain unsold on the above day. In the interim, any Persons desirous of purchasing, will please apply to Messrs. JOHN & HENRY OUINN, Mer- chants, Newry. ROBERT MOLLAN, Broker. NEWBT, January 1, 1811. ( 322 NEWRY, 24- th January, 1812. TTHE SUBSCRIBERS have just arrived SIX CARGOES of SLATES, consisting of Imperial Mill Tons, Common Tons, Duchess, Countess' Lady, and Doubles ; Which, with GOOD FINE TIMBER, OAK, HARD- WOOD, PLANK, SPARS, DEALS, and their usual Supply of BUILDING MATERIALS, SCOTCH MALTING & LIVERPOOL COALS, they will sell on moderate Terms. 429) SAMUEL MAY & CO. AMICABLE ANNUITY COMPANY OF NEWRY " v/ TEET at KUAN'S TAVERN, Water- street, on WED- ' • I- NESOAY the 5th February next, to tra- isadl the Business of the Company, and dine together. Such Persons as wish to become Members, are desired to give notice to the Register previous to, and appear at the Meeting, other- vvise they cannot be ballotted for. JAMES SPENCE, NIWRY, Jan. 7. ( 356) KECTISTCR. LANDS TO BE LET. - no f. E LF. T, several SNUG FARMS, in the Town- L land of Carrickeene, adjoining Carnlough, near Newry; on such Leases as may be agreed on. Immediate Possession may be had, and encouragement will be given to industrious Tenants of good character. Application to be made to Patrick 0* Hanlon, Esq Newry. ( iaa RAND A LSTO W N MARKET T/ ITILL be held on MONDAY the 3d, in place of Wed- v v nesday the 5th of February next, on account of the General Fait. PETER AICKEN. Randaljtown, January 25. SENESCHAL. ( 439 RANDALSTOWN COTTON MILL, AS formerly A dvertised in this Paper, hot having since been cisposed of, wifl now be Sold by Private Con- ' ratft— Application to be made to CHARLES DICKEY- Should it not be disposed ot before MONDAY the 2d of March next, of which due notice will be given, it will on that day, at ONE o'clock in the afternoon, be put up to PUBLIC AUCTION on the Premises. There has lat- terly- been a considerable sum of Money laid out on this Concern, in procuring additional Machinery, and putting the place into a complete state of repair, so that it is now fit for immediate occupation ; it consists of 14 Throstles, containing ) 26' 0 Spindles, 14 Water Frame"; containing 1064 Spindles, 2200 Mule Spindles, and 474 Jenny Spindles, & c. with complete preparation for the whole, on the very best con- struction. The buildings are very extensive and convenient, the Water Wheel equal to a 36 horse power, with a suffi- cient supply of Water in the driest season. The whole held in perpetuity. ( 438) RaNDALsrows, Jan. 2S. TO BE SOLD. ' jT'HAT HOUSE, BLEACH- YARD, and FARM of X LAND, in the Palish of Derryaghy, containing 15A. 2R. 24P. English Measure, snbjedt only to =£ 30 annually; formerly occupied by the late ROBERT DUNCAN, Esq. - It is situated within five miles of Belfast, and two • f l. isburn ; held by lease under the MARQUIS of HERTFOKD for orre good Life only 15 years of age, and the remainder of' 21 years from November, 1800. The Bleach- Green was ca- pable of finishing from 4000 to 5000 Pieces ot Linen in the driest season.— For further particulars, apply to EDWARD CURTE1S, of Glenburn, Esq. 11) November 1. TO BE SOLA ABOUT Sixteen Acres of the Townland of D@ NEGOR, for the remainder of a term of Sixty- one Years from November, 17iV8; and about FKty Acres ( with Houses), Part of LOUGHANMORE DEMFSNE, will be Sold, or Let, for such a term as may be agreed oil. If the above I. ands are not disposed of before the first day of February next, of which notice will be given in this pa- per, they will on that day be sold by Public Auition on the Premises. ( 19$ COUNTY OF LONDONDERRY, TO BE SOLD, ' lJ"' fIF Town and Lands of Tobermore, Gortamny, Moy- 11 asset, Calmote Upper and Lower, Cloan, and For!- william. situate in the Barony ot Loughenshollen. iii. said Coon ty, held by few- farm Grant, at the yearly Rent of £ 14. Part of the Estate of the Right Honourable Si- GEORGE FI I2UCRAI D HILL, Bart, containing 1111 Acres, or there- abouts, and now held by solvent Tenants at a clear yearly Profit Rent of JS7S0. lOi. 10rf. the greater part out of I ease, and that in I ease held on very - dsort Tenures The Lands are now valued at ^ 1303, 9j. 6i. and if all out of Lease, from the nature of the Soil and the abundance of Limestone, may be- valued at SCJ, per Acre,- round. Said l ands will be sold separately or together; and the Purchaser or Purchaser, declared a- soon as the value shall be offered. Proposals in writing, will be received by MARCUS SAMUU- HILL, Esq. l. ondonderi y; ANOHE- V LITTLE, Coleraine ; JAS. GHEOO, of Londonderry ; and JOHN CBAMRCBS, 11, Lower- Gardi- ner- street, Dublin, Attorney at Law, will furnish Rentals of said P. e. mis « s, and give all further necessary information, and with whom may be seen a Map of said Premises.— Mr. ' I HOMAS M'CLSLLAND, Ncwtonlimavad/, will shew the Lends. ' S71 COUNTY OF D DWN. FEB SIMPLE ESTATE TiS JIB SO/. D, , - F. 15 from all Incumbrances, the Title under an Atff of Parliament. . The Townlands of. LOUOHORN, SHIN, afl- l I. fSNA « REE. containing above 760 Irish Ai res, w: thin a R Fence, and situated within four miles ol Newry. Propos Is may be made for these Til inlands tojet!) er, ot" for any of them separately, to THOMAS QUEER, Newrv; oP to CEOROE CRQZIER, Deminick- street, Dublin. ( 444 A BLEACH- GREEN A1 vTD FARM WITHIN A QUARTER OP A MILK OF BANBIUDGE,. To be Let, for ever, sr the I\. terest Sold. ' jpHF. HOUSES are in comp'etr repair; and the MA- JL CHINERY has been all put up, new, within these twelve Months, on the most improved plans There i « e. abundance of excellent Spring Water; and the Mills have the whole command of the river Bann. The FARM contains 70 Acres, with a good DWF. r. L- ING- HOUSE and OFFICES, a large walled- in GARDEN, well stocked with Fruit Trees, and two good ORCHARDS^ Application to be made to the Proprietor, WM HAYliS on tile Premises; or WM. HAYES, Millmount- The Foreman Bleacher, who has lived in the place for several yeats, now wants a situation, and can be very well recommended. 1 ( lo « t LAND? FOR SALE, IN THE COUNTY OF DOWN. -'' PHI? ESTATE of BLEARY and BALLYNAGAR- ! L RICK, the Property of Wit. MACNAMARA, Esq. as formerly advertise* in this Paper. Application to be made to Mr. R. MACNAMARA, of Gilford, who will furnish Rentals, and give any necessary information to Persons inclinable to Purchase Also ttr GEORGE CROZIER, Esq. Dominick- street, Dublin. ' ' ( 8SO TO BE LET FROM NOVEMBER, " During a Minority of Nine Tears ; with or without a Bleach- Yard. THE HOUSE of DERAMORF., lately posiessed by JAMES RUSSELL, Esq decea- ed, with any quantity of Land not exceeding 80 Acres.— The House is in complete repair, and consists of Parlour, Drawing- room, Breakfast- room, and eight best Bed- chambers, with every office suitable to a genteel residence. The BLEACH- GREEN is ill complete working order, and capable of finishing Eight Thousand Pieces.— Distance from Belfast, three miles and a half. There are also to be Let, TWO SMALL FARMS, at a short distance; one containing Eight Acres— the oilier Seven, having two Cabins on each. Proposals in Writing, to be addressed to WM. RUSSELL, Esq Edenderry, near Belfast. ( 934) Oflober 17. A good Farm, and Situation for Machi- nery by Water. TO BE LET, FOR SUCH A TERM AS MAY BE AGREED UPON, ' IpHAT part of the LANDS of BALLYNESS, near Bu fi- ll mills, commonly called the WAK- MILL FARM.; containing upwards of 50 Acres Arable and Meadow l. anc, of the best quality, which has been graxed on for many years past. Upon this Farm is a fall of the River Bush, sufficient to work Machinery to any extent; and liberal en- couragement would be given to any Person or Company who would establish a Work of public utility on ir. Proposals, by letter- free of postage, to be made to the Proprietor, HUGH MONTGOMERY, Esq. Benvarden, Cole- rairi; or Mr. M'Neile, Ballycastle. 43') January 24. A FEE- SIMPLE ESTATE IN THE COUNTY OF DOWN. TO BE SOLD BT AUCTION, at the DONEGAL!.- ARMS, Belfast, on Fit I DAI' tbe 6tb ef next, at ONE o'Cloct, ' ipHE Tovvrlands of HOI. YWOOD and KNO' K- .' L MAGONEY, situate and being within four Miles of the Town of Belfast, containing hi alt about One Thou- sand Acres; free of all manner of Tythes; and subje- fl to a very small Chief Rent only.— The Townlaud of Hoi r- WOOD is at present very low Set, and will rise Considerably. The MANSION- HOUSE is very large and commodious, with a large range of OFFICES, of all sorts, and in com- plete order; < sith a GARDEN, containing Eight Acres, walled in, and well stocked with all. sorts of Wall, and other Fruit Trees; and the Demesne contains upwards of Two ^ Hundred Acres. For every information respecting the same, application to- be made to THOMAS L. STEWART, Esq. Belfast, where the Titlc- Deeds and Rent- Rolls can be seen. 327) Dated Belfast, Ist Jannary, 1812 FARM- HILL. qpHF. INTEREST in this beautiful FARM, as formerly ,1L advertised in this Newspaper, to be Sold. Inquire at the Premises, as situated between Maghvrafelr and Castledawson Possession at November next. The CROP, STOCK, & c. can be had at valuation. ( 8S » COUNTY OF LONDONDERRY. PROPOSALS will be received for the Sale of the Town land of UMRICAM, a » formerly Advertised in this Paper, till the 20th of February next, wh<- n the Purchaser will be declared, if the value is offered, at DRUMCOVIT, DUNOIVEN. ' Application, by Letter, to RICHARI> HUNTER, Esq. Coleraitie. ( 133) Dated Nov. 30. ' BARRACK OFFICE, DUBLIN. January 17, 1812. "\ T0T1CE is hereby given, that Proposals will lie ^ received for supplying certain quantities of FIRING and CANDLES for the use of his Majesty's Forces in the several Barracks and Quarters throughout Ireland, for- oie year, from the 16th of April next; tile said Proposals to ha sealed and indorsed, " Proposals for Firing, & c," to be senf under cover to Major General Freeman, at this Office, on or before tbe 1 9th day of February next, after which day no , Proposals will be received ; aud the Proposers are to ob- serve, that the Fuel of each description must be of the best quality, and delivered at the places contracted for, by Dub- lin measure: viz.— Sea Coal, of four bushels to the barrel and eight barrels to the ton— Stone Coal must be deliverd, by weight, arid proposed for by the hundred weight— fie Turf hy box of four feet long, two feet broad, and two and a half feet deep. The quantity of Fiving and Candles re- quired will be specified in each Contract, and must be de- ? livcred, or clamped hy . he Contractors, in the Barrack Mav i ter's Stores, whore there are such. One fourth of the annount 1 of the Contract will be paid to Contractors ujwn their enter- j ing into security, and further sums from time to time ( nut I exceeding the other tw- o-~ » urlhs) will be advanced proportion- • ably to the quantity delivered, and vouclietl by the account ! able receipts thereof being produced from the Barrack Mas. • ter; and the balance will be discharged when tlie accounts | and vouchers furnished shall be duly examined at this Office- ; and found correct. The written consent of two responsible j persons must be inclosed with each proposal, resident, if pos~ sible, in Dublin ; and 110 proposal w ill be attended to where ! this shall not have been complied with, us well us the resi- j deuce of the Proposer. ; Ill- convenience having arisen to tire Service from the toa general aud extensive Undertakings of former Contractors, it is hereby notified, that local Proposals from eligible Per- , sons will bv preferably considered. By Order, JOHN HUGHES, Secretary. BELFAST: Printed and Published by DRUMMOND AsnEasoN, for ! Self an- i the other Proprietors, every Monday, iVtdnetday, j and Sa'urri.-,,. - Price of the Paper, when sent to any pirt oi tiie United Kingdom, £ S; f » s 3d. yearly, paid in adsance J - • - - m
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