PREFACE. THE original intention of the Reporters was to have published a full Report of the Trial, with only short notes of the decisions of the Court on the several motions made in the course of Michaelmas Term, 1843. After a considerable part of the work had been printed, at the suggestion of several gentlemen of the Bar, they resolved on publishing a report of the arguments and judgments on the preliminary motions. In consequence of this alteration in the original plan of the Report, the pages from 25 to 120, are duplicates. In order to prevent confusion, and to afford a facility of reference, the duplicate numbers have been printed with an asterisk. The Reporters avail themselves of this opportunity of acknowledging the urbanity and kindness of the Lord Chief Justice, and the other Judges of the Court; and to the Counsel employed, they have also to express their obligations for the assistance afforded them. April 13, 1844. QUEEN'S BENCH. REPORT OF THE PROCEEDINGS IN THE CASE OF THE QUEEN v. O'CONNELL AND OTHERS, &c. &c. In the month of October, 1843, warrants having been issued against several gentlemen, charging them with a misdemeanor in exciting discontent and disaffection among Her Majesty's subjects, &c.; they attended before Mr. Justice Burton at his residence, and gave bail to appear in the Queen's Bench, on the first day of the ensuing Michaelmas Term. THURSDAY, NOVEMBER 2nd. This being the first day of Michaelmas Term, the following proceedings took place : MR. JUSTICE BURTON entered the court at one o'clock. The Clerk of the Crown then proceeded to call over the grand jury panel. George Frederick Brooke, Esq., who was the first who answered to his name, objected to being the Foreman, on the ground that it would interfere with his duties as one of the Directors of the Bank of Ireland. The Attorney General. The usual course is, that the first grand juror who answers to his name is the Foreman. It is irregular to select a Foreman from the Grand Jury panel. In Mr. Brooke's case there is no legal objection whatever, neither privilege nor disability. I wish that the regular course should be adopted in this case. B The following Grand Jury were sworn: GEORGE FREDERICK BROOKE, Foreman. His Lordship then delivered the following Charge: Gentlemen of the Grand Jury of the county of the city of Dublin, I not aware of any ordinary business of the county of the city of Dublin on which it is necessary for me to make any particular observations. If any difficulty in discharge of any particular duty should occur to you, the Court will be ready to give you, at any time, any advice or assistance in their power. But, gentlemen, you are yourselves, I am sure, well aware that there is a matter likely, I believe I may say certainly, to be brought before you of very great anxiety, and of very great public importance, and upon that I think it my duty, as summarily as the circumstances of such a subject will admit of, to lay such observations before you as, I hope, may somewhat facilitate the discharge of that very important-but, perhaps, you may find it not very difficult-duty which you have to discharge. Gentlemen, the case to which I allude is the subject of an indictment which is likely to be referred to you; and I have to state to you, what perhaps you are perfectly well acquainted with without any information from me, that such an indictment, even when found, is only an accusation against which the party accused is then, that is, after the bill has been found by the Grand Jury, called on to make his defence. The Grand Jury are, therefore, only to hear the evidence in support of the prosecution; that evidence is to be given on oath, by witnesses brought before them, and they are not only to hear the evidence so given, but also so far as they find it necessary, to crossexamine the witnesses who may be produced to them, so as to enable them to form a satisfactory judgment upon their credit. If, on a careful examination of such evidence, they, the Grand Jury, or a majority of them, amounting at least to twelve, are satisfied that a sufficient case has been made before them, to justify their putting the party on his trial, they must find the bill a true bill, and thereupon the party becomes formally accused. If, on the contrary, the Grand Jury, upon such an examination, are satisfied of the insufficiency of the evidence in support of the charge, they must then reject it, and thereupon the party is discharged from that bill for that time; but in that case he is not acquitted of the charge contained in it. The |