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meaning of the act, otherwise none of the enumerated acts could PATRICK

GOGARTY, come within its penal consequences. It is quite plain that it is Go

IN ERROR, a violation of the terms of the act to attend such a meeting for the purpose of training and drilling. The next words which follow The QUEEN. who shall train or drill any other person to the use of arms,” w

? Illegal training, manifestly mean any person who shall attend such illegal meet- 30oGeo. 3, c. 1 ings as had been already described. If then it was necessary, as I Indictment. think it was, to aver that the meetings and assemblies were for the purposes specified in the prohibitory part of the statute, it is plain that all the counts are bad, for in none of them is this done. None of them aver that the assembly was for the purpose of training or drilling themselves, or of being trained or drilled in the use of arms, or for the purpose of practising military exercises, movements, or evolutions. I also think that all the counts are open to the third objection : for, upon a consideration of them, it is manifest that it has not negatived the authority of the plaintiff in error, to train, or drill, or act, as he is alleged by the indictment to have done.

CRAMPTON, J.-I entirely concur in the judgment pronounced by the Lord Chief Justice.

PERRIN and MOORE, JJ., also expressed their concurrence.

BLACKBURNE, C. J.-The judgment, therefore, must be reversed.

The prisoner, who had been brought up

to the bar of the court, was then
discharged.

VOL. III.

Ireland,
COURT OF QUEEN'S BENCH.

MICHAELMAS TERM, 1848.

November 9, 13, 14, and 18.

JOHN MARTIN, in error, v. THE QUEEN.(a) Writ of error-Caption, form of-Crown and Government Security

Act-Indictment under form of-Challenge to juror on ground of

interestForm of sentence of transportation. The caption of an indictment stated that at an adjournment of a commission of Oyer and Terminer and General Goal Delivery, holden in and for the county of the city of Dublin, at the Sessions House, Greenstreet, in the said county of the city of Dublin, on Tuesday, the 8th day of August, 1848, and in the 12th year of our Sovereign Lady the Queen, before the Right Honourable Jeremiah Dunne, Lord Mayor of the city of Dublin ; the Right Honourable David Richard Pigot, Chief Baron of Her Majesty's Court of Exchequer ; and the Honourable Richard Pennefather, one of the Barons of Her Majesty's Court of Exchequer; and others their fellows, Justices and Commissioners of our said lady the Queen, in and for the whole county of the said city of Dublin, assigned by letters patent, &c., directed to S. W., &c., 8C., to inquire, examine, discuss, and determine, by the oath of good and lawful men of the county of the city of Dublin aforesaid, and by other ways and means, &c., of all treasons, suspicions of treasons, ģc., g'c., by any person or persons within the county aforesaid, done, committed, perpetrated, or hereafter to be done, &c., and to deliver the gaol of Newgate, and all other the gaols in the county of the city, of all malefactors and prisoners from time to time, and to hear and determine all and singular the premisesit was presented upon the oath of good and lawful men of the body of the said county of the city of Dublin, whose names here follow-(setting out the name of twenty

three grand jurors)-in manner and form following: Held, that this caption was not erroneous, and that it appeared from it

with sufficient certainty when, where, and before whom the oath was administered to the grond jury, and when and where the presentment was made ; and that the names of the grand jurors having been set forth in the caption it sufficiently appeared thereby that the bill was

found by twelve grand jurors, though the number was not stated. Held, also, that the caption was not vitiated by the omission of the words

sworn and charged. The indictment charged in one set of counts, that the prisoner did felo

niously compass, imagine, invent, devise, and intend to deprive and depose our Sovereign lady the Queen, from the style, honour, and royal name of the imperial crown of the United Kingdom ; and the said felonious compassing, imagination, invention, device, and inten

(a) Reported by W. ST. LEQEB BABINGTON, Esq., Barrister-at-Law.

tion did express, utter, and declare by then and there feloniously publishing certain printings in a certain public newspaper called the Irish Felon;" and in another set of counts the prisoner was charged in similar

terms with compassing to levy war against Her Majesty. Held, upon writ of error, that the indictment well charged an offence

under the statute 11 Vict. c. 12; and that it was not necessary either to aver that the printings therein charged were felonious printings, or further to aver that they were expressive and declaratory of the previously charged compassings and imagination, or that they were published of and concerningHer Majesty the Queen, and the Crown and Government of the United Kingdom, or of and concerning some traitorous or felonious design then on foot, or intended

to be taken. A challenge was tendered to one of the jurors, on the ground that he was

interested in the conviction of the prisoner, inasmuch as by a charter of Henry the Fifth, it was granted to the then corporation of Dublin, their heirs and successors (which charter, and the rights and franchises thereby granted, was averred to have become by the Municipal Corporations Act, (3 8. 4 Vict. c. 105, duly vested in the present Corporation of the city of Dublin) that they should have all and all manner of goods and chattels of felons and fugitives to be condemned or convicted within the said city of Dublin and the liberties thereof thereafter arising ;and that such goods and chattels were applicable to the purposes of the borough fund of the city of Dublin ; and that the prisoner had within the city goods to the value of twenty shillings : and that William Duff was a burgess of said city, and occupier of certain hereditaments within the city liable to be rated to a borough rate ; and that the borough fund was deficient after the payment of all the claims upon the corporation; and that, therefore, the juror was interested

in the conviction of him the said John Martin. This challenge was upon demurrer overruled. Held, upon writ of error that it was rightly disallowed, and that the

juror was not liable to objection, he not having, as a burgess, any direct personal interest in or control over the application or disposal of such goods and chattels, the disposal of which was vested, if at all, in the town council ; nor yet as a rate-payer, for that it did not appear by the challenge that the preliminaries which were by the 133rd section of the statute essential to enable the council to impose a borough-rate, had been complied with, and at all events that his liability to be rated (if any) was a contingent liability to a future rate, and, therefore, did not

affect his competence. Query, whether in such challenge the absence of an averment that the

franchise has been lost or forfeited by non user, is not a fatal

omission ? The judgment entered upon the record was, that the said J. M. be

transported beyond the seas for the term of ten years, from the 8th day of August instant,without specifying some place of transportation,

not in Europe." Held, that the judgment was correct and valid notwithstanding. In this case the prisoner, at a session of the Court of Oyer and John Martin, 1 Terminer and General Gaol Delivery for the county of the IN ERROR, city of Dublin, held before the Lord Chief Baron (Pigot) and Mr. TAE QUEEN. Baron Pennefather, was convicted upon all the counts of an

V.

of Dublin, at the of Dublin, on Tue he reign of equKingdom

John Martin, indictment charging him with divers offences against the statute

IN ERROR, 11 Vict. c. 12, and upon each count a judgment of transportation Tue QUEEN. for ten years was passed.

Upon this judgment the prisoner sued out a writ of error. Crown and the record returned to the court here was (as far as it is Government Security Act. ma mat material to be stated) as follows :

County of the city of Dublin, to wit:-Be it remembered that an adjournment of a Commission of Oyer and Terminer and General Gaol Delivery, holden in and for the county of the city of Dublin, at the Sessions House, in Green-street, in the said county of the city of Dublin, on Tuesday, the 8th day of August, 1848, and in the twelfth year of the reign of our Sovereign lady Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland Queen, and Defender of the Faith, and so forth, before the Right Honourable Jeremiah Dunne, Lord Mayor of the city of Dublin; the Right Honourable David Richard Pigot, Chief Baron of Her Majesty's Court of Exchequer; and the Honourable Richard Pennefather, one of the Barons of Her Majesty's Court of Exchequer; and others their

fellow-justices and commissioners of our said lady the Queen, in and The record. for the whole county of the said city of Dublin, assigned by letters

patent of our said lady the Queen, under the great seal of that part of the United Kingdom of Great Britain and Ireland, called Ireland, bearing date at Dublin, the 1st day of December, in the first year of the reign of our said lady the Queen, directed to Samuel Warren, the then Lord Mayor of the said city for the time being ; Charles Kendal Bushe, the then Chief Justice of the Court of Chief Place in Ireland, and the Chief Justice of the said Court of Chief Place, for the time being; John Doherty, Chief Justice of the Court of Common Pleas, in Ireland, and the Chief Justice of the said Court of Common Pleas, for the time being; Henry Joy, the then Chief Baron of the Court of Exchequer in Ireland, and the Chief Baron of the said Court of Exchequer for the time being; Charles Burton, then one of the Justices of the Court of Chief Place ; Arthur Moore, then one of the said Court of Common Pleas; Richard Pennefather, one of the Barons of the Court of Exchequer in Ireland ; Philip Cecil Crampton, one of the Justices of the Court of Chief Place; William Johnson, then one of the Justices of the Court of Common Pleas in Ireland ; John Leslie Foster, then one of the Barons of the Court of Exchequer in Ireland ; Louis Perren, one of the Justices of the Court of Chief Place in Ireland ; Robert Torrens, one of the Justices of the Court of Common Pleas; and John Richards, one of the Barons of the said Court of Exchequer; and all Justices and Barons of the said Courts of Chief Place, Common Pleas, and Exchequer, in Ireland aforesaid, respectively for the time being, and others in the said letters named, to inquire, examine, discuss, and determine by the oath of good and lawful men of the county of the city of Dublin aforesaid ; and by other ways, means, and methods whereby the truth might be better known of all treasons, suspicions of

V.

treasons, insurrections, rebellions, counterfeits, clippings, washings, John MARTIN unlawful coinage, and other falsifyings of money, and of all mur. IN ERROR, ders, felonies, manslaughters, killings, robberies, burglaries, per- THE QUEEN. juries, forgeries, rapes, unlawful assemblies, extortions, riots, routs, crimes, contempt, deceit, injuries, escapes, and other Crown and

Government offences and causes whatsoever, as well against the peace and Security Act. the common law of that part of the said United Kingdom called Ireland, as against the form and effect of any statute, act or ordinance theretofore made, ordained, or confirmed, or of any statute, act, ordinance, or provision thereafter to be made, ordained, or confirmed, by any person or persons within the county of the city of Dublin aforesaid, in any wise done, committed, or perpetrated, or hereafter to be done, committed, or perpetrated ; and also of all accessories to the said offence, and any of them within the said county of the city of Dublin, by whomsoever or howsoever had, done, perpetrated, or committed by any person or persons, at any time howsoever, and in any matter whatsoever; and to deliver the gaol of Newgate, and all other the gaols in the county of the city of Dublin aforesaid, of all malefactors and prisoners, from time to time, as often as occasion shall require ; and to hear and determine all and singular the premises. It is presented upon the oath of good and lawful men of the body of the said county of the city of Dublin, whose names here follow ; The record. that is to say:-William Latouche Worthington, John Strong Armstrong, John Brennan, Philip Dixon Hardy, Abraham Studdert, William Lilly, Joseph Kincaid, James Booth, Richard Whitehead, Francis Devitt, Robert Hunt, William Russell, John Richard Andrews, George Browne, John Chambers, Robert Deaker, Edward Higginbotham, James Kerr, Francis Pillsworth, Park Neville, Alexander Findlater, Peter Roe Clarke, and George Wilson Boileau, in manner and form following, that is to say :

County of the city of Dublin, to wit :-The jurors for our lady the Queen, upon their oath present, that John Martin, late of Loughorne, Newry, in the county of Down, gentleman, after the passing of an act of Parliament made and passed in the 11th year of the reign of our Sovereign lady, Queen Victoria, and entitled “An Act for the better Security of the Crown and Government of the United Kingdom," on the 24th day of June, in the 12th year of the reign of our said Sovereign lady, Queen Victoria, with force and arms at the parish of Saint Thomas, in the county of the city of Dublin, within the United Kingdom, feloniously did compass, imagine, invent, devise, and intend to deprive and depose our said Sovereign lady the Queen, from the style, honour, and royal name of the imperial crown of the United Kingdom ; and the said felonious compassing, imagination, device, and intention, he the said John Martin, then and there feloniously did express, utter and declare, by then and there feloniously publishing certain printings in a certain number of a certain public newspaper called the “Irish Felon," one of which said printings is as follows; that is to say— [here followed a letter from John

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