Constitutional Whig

IRELAND.

ACQUITTAL OF MR. O'CONNELL.

Commission Court, Green-St. Jan. 1, 1825.

This day, at one o'clock, the Commission was opened by Mr. Justice Vandeleur and Mr. Justice Moore. Long before the arrival of the Judges, the various avenues to the Court were crowded to excess, and the most intense anxiety pervaded all classes as to the swearing in and finding of the Grand Jury. Every precaution was adopted by the Sheriff to prevent the intrusion of the crowd, and a number of additional Constables were in requisition for that purpose. Mr. Sheriff Warren was also most attentive in procuring every accommodation for the Reporters. At half-past two o'clock, Mr. O'Connell, accompanied by Messrs. Wallace, Holmes, Perrin, O'Loughlin, Sheil and Bric, entered the Court; they were shortly after followed by Messrs. J. S. Townsend and R. W. Green, on behalf of the Crown. Several Gentlemen of the Bar, not in costume, now arrived, and took their seats in the back benches. Immediately after, the Judges, accompanied by the Lord Mayor and City Officers, arrived, when the following Grand Jury for the City were sworn in:—

CITY GRAND JURY.

Hickman Kearney, John David La Touche, Abraham Lane, Edward Croker, Addison Hone, George S. Carleton, William Jackson, J. S. Taylor, George W. Boiteau, Isaac Hynes, James Moore, Henry Peve, John Alley, Thomas Hunt, Samuel Fisher, William Porter, Thomas Wright, Hall Chambers, Robert Hyndman, James Jackson, William Ring, John Hutton, John Phelps.

Mr. Justice Moore then proceeded to charge the Grand Jury. He perceived by the indictment that Bills were to be sent to the Jury, in the case of an individual, on a charge the nature of which he should find it necessary to explain at some length. The principle that he would adhere to in this case would be a principle supported by the first Law Authorities in these Countries—He meant the English Court of King's Bench. In the case of Sir Francis Burdett, it was determined that the words should be expressed, and that there should be no ambiguity.—They should apply this doctrine to the case of the individual before them. They should first be sure that the words were spoken; secondly, that they were spoken by the person charged with having uttered them—and, thirdly, that these were of the nature and tendency described in the indictment. This tendency was matter of inference to the Jury to decide, when the words were testified. It would then be necessary to consider the intent with which the words were spoken—whether the person uttering them had a seditious and unlawful intention in uttering them. This was all matter important and indispensable for their consideration, and it was necessary before they found the bills, that the person of the speaker should be identified—that his words should be identified, and that his intention in uttering should be similar to that described in the indictment. The Learned Judge concluded his charge at a quarter before four o'clock.

Mr. O'Connell appeared in excellent spirits, and it was rather ludicrous to observe the familiarity with which he and Mr. J. S. Townsend conversed.

The following witnesses were then called, previously to the sending of the Indictment to the Grand Jury:

Charles O'Rourke, sworn.

Samuel Nolan Clarington, answered and sworn. On this Gentleman's coming on the table, he stated, that his real name was Nolan, and that he assumed the name of Clarington about 13 years ago for a particular purpose. The Judge then directed Mr. Clarington to be sworn.

Joseph Byrne, Reporter for the Star, sworn.

R. N. Kelly.—This witness was called from time to time, but did not answer. He was unfortunately fined £100.

Joseph Lerch was called four times in a similar manner, and fined a similar sum.

After the Grand Jury had retired, and the above witnesses had been sworn.

Mr. O'Connell left the Court, accompanied by Mr. Law and his solicitor, Mr. Kendall. On appearing in Green street, Mr. O'Connell was greeted by the most cutting cheers from the populace, who assembled in great numbers, and who continued following him down Castle-street, Parliament-street, and Dame-street, notwithstanding his frequent remonstrances.

At about a quarter past five o'clock, Messrs. Kearney and La Touche came down from the Jury-room, to have the opinion of the Court on a question of law arising out of the indictment, when the Court told them that the whole Jury should come into Court to ask any question they thought necessary.

Mr. Kearney and the rest of the Jury having accordingly come into Court, Mr. Kearney the Foreman, said, as some of the Jury did not exactly comprehend part of the Judge's Charge, they wished to know whether the identity of the words spoken should be proved?

Judge Moore—Not the individual words.

Judge Vandeleur instanced a case where the word in the indictment was 'onset,' and the word used was 'outset,' and it was left to the Jury to consider if the meaning was the same. They (the Jury) should take the words that might be proved, as men fairly and dispassionately would interpret them.

After the Jury retired, Mr. Wallace said the difficulty was, that in the case cited, the Jury had only to consider one word—but here the meaning of the entire of a passage is left to their consideration.

Mr. Holmes said the words must be strictly proved, as laid down in the 4th Term Reports, and in Archibald's Criminal Reports, under the head of 'seditious words.'

After some desultory conversation between the Court and the foregoing Counsel, Judge Vandeleur said, that being anxious to give every satisfaction in his power to all parties, he would call back the Jury: they having again came into Court, his Lordship said, the words charged to have been spoken need not to be literally proved, but words of the same meaning must be proved before they could find the bill.

The Jury again retired, and about half past six o'clock they returned into Court. The Foreman handed the indictment to the Clerk of the Crown, who, on reading the decision of the Grand Jury, held the papers in his hand for a considerable time before announcing it, and then in so low a tone of voice that we who were but a very short distance from him, could not hear him. But it was almost instantly whispered round the Court, that the bills were thrown out, and a simultaneous shout announced that the decision of the Grand Jury had gratified the wishes of those, who had been so long detained through their anxiety to know the result of this important and interesting inquiry.

The populace then rushed from the Court, down to the Association Committee Room in Chapel street, as if each were striving to convey the wished for tidings to Mr. O'Connell, who they imagined was there. They remained there for a considerable time, in the hope that Mr. O'Connell would appear at the windows.

The Attorney-General did not appear in the Court any part of the day.