Mr. Fitzgibbon said it was most essential that the traversers should have copies of these documents, for the crown would have the final reply in this case, and they would have full copies of the reports read by their witnesses, and from which they could cull and gather such extracts as suited their own purposes, whereas the counsel for the traversers would only have their recollection to depend upon for such passages as they dreamed favourable to their clients.

The Attorney General said that the crown conld not think of granting the application, and the grounds on which they refused it were those, that such a course had never been before adopted, and was utterly without precedent. Besides, he objected to such a proceeding, because he could not but remember the course that had been already pursued with respect to one or two of the crown witnesses by the traversers; and, although he did not anticipate the repetition of such a course, he thought that the manner in which the witnesses had been treated furnished, in itself, sufficient reason why the request should not be complied with. All the meetings with respect to which evidence had been given by the crown witnesses had been reported in the newspapers, and nothing was easier than for such of the traversers as were connected with the press to have produced their own reporters, to test the accuracy of any documents that had been read in court. Under all the circumstances of the case, it was impossible for the crown to deviate from the ordinary course by giving copies of the documents. Mr. Moore--I feel I cannot call upon lordships to make an order. I must rest satisfied with what has been said by the crown.

Mr. Fitzgibbon then rose and submitted that the whole of Mr. Jackson's evidence ought to be struck out. Mr. Jackson had been brought here as a witness by the crown, but his reports were made up in a particular manner; and even on his own showing he had no means on earth for testing their accuracy.

Chief Justice-But, Mr. Fitzgibbon, surely this is not the proper time for making such an application ?

Mr. Fitzgibbon-What time can be better than the moment when the witness leaves the table.

Chief Justice-Why, the witness has already been examined by three gentlemen.

Mr. Fitzgibbon -Yes, and my grounds for making this application are based upon that very cross-examination.

Chief Justice---I do not think we can now accede to that proposition. The matter is well worthy of consideration, but not at present.

Judge Perrin---I do not think it is in our power to strike out any witness's evidence.

JOHN BROWNE EXAMINED BY MR. HOLMES.

I reside in Nassau-street, and carry on the printing and stationary business; I have been long carrying on the business; It is at No. 36; I know Mr. Ray; I have known him for several years; I have heard of an association in the city of Dublin, called the Loyal National Repeal Association of Ireland; Mr. Ray holds the situation of secretary to that society; I was employed to do some printing work for that society; the association generally, through Mr. Ray, employed me; have been four or five years doing work for the society; I have been paid

I

for the work I have done, except a running account now; I was paid by Mr. Ray, and sometimes by a clerk in his office.

Have you received much money from time to time for the business you did? I have.

Could you mention how much; be under the sum ?

Mr. Fitzgibbon objected to the question, and submitted it would not evidence against the traversers.

The Chief Justice---Would it not be evidence against Mr. Ray?
Mr. Fitzgibbon---Let him be asked what sum Mr. Ray paid him.
Mr. Holmes---I will ask my own questions.

Mr. Whiteside---Of course you will; and I will object when I see fit. Mr. Holmes (to witness)-I now ask you to state what amount you received from time to time? I could not say.

Oh, be under; have you kept any account-book? I have; the account was sometimes about 207., and

Mr. Whiteside---I object to any evidence of the contents of this gentleman's books, because they ought to have them here.

Mr. Holmes (to witness)---Have you not been served with a duces tenum? I have.

Well now we will gratify Mr. Whiteside by getting read from your books.

Do you know to what amount you received from Mr. Ray, from time to time, for printing?

Mr. Justice Perrin---Within what period?

Mr. Holines---Within the last two years?

Mr. Whiteside---I am obliged to your lordship for putting me in mind of that. I submit this is not evidence. The first thing in this indietment is stated to be on the 1st of March.

Mr. Justice Crampton---I don't see, for my own part, the relevancy of the inquiry.

Mr. Holmes (handing a document to the witness)--- Did you print that document ? I did, and for the Repeal Association. I printed it in the year '43.

The Deputy Clerk of the Crown read the document, which was the plan for the renewal of the Irish parliament.

[Another document handed to witness]---I printed that for the Asso

ciation.

The Clerk of the Crown read the document, which was "Instructions for the appointment of repeal wardens and collectors.

(Another document handed to witness)---I printed that for the Repeal Association.

The Clerk of the Crown read it. It was a form for the appointment of repeal wardens.

(Another document handed to witness)---I printed that for the asso ciation.

The Cles of the Crown read the document, which was a letter to the Secretary of the Repeal Association, explanatory of a new card of members.

(Another document handed to witness)---I printed that for the associa

tion. It was a proclamation relating to the arbitration courts, headed with a harp and a crown over it.

The witness was then examined as to the printing of "The Address of the Repeal Association to the inhabitants of the different countries subject to the British Crown," "Rules to be observed by arbitrators in districts,"---" Arbitration notices," and others; all of which he admitted he printed. I printed four or five thousand copies of the paper called O'Callaghan's letter, one or two thousand of the notices of the sittings of the arbitration courts; two hundred of the rules to be observed by arbitrators, two or three thousand of the address of the association to the British public, and about two or three thousand of the summonses for those courts. I printed all those for the association, and I was paid for doing so. I printed some of them from manuscripf, and others from extracts from newspapers. I was served with a subpœna to produce the manuscript. I searched for it, but I found very little. I found the paper which I produced, headed "Leinster for repeal."

Mr. Holmes-Did you print any placard from that? I think I did. Mr. Whiteside-Thinking will not do---are you certain that you did? I cannot swear positively.

That answer will not do.

Where did you get
I think it probable
am not sure.
and see if

Mr. Holmes---Have you any doubt that you did. the manuscript? I got it on the printer's office file. that something was printed from it in my office, but I You have your account-books here; look at them any entries of having printed from it? Mr. Whiteside---The entries in his book my be very correct, but they cannot be evidence here.

you have

The Chief Justice---He can look at his book in order to refresh his memory.

Mr. Holmes---Well, witness, have you any entry of that document ?
Mr. Fitzgibbon---I object to the question; any entry he may have

cannot be evidence.

Mr. Holmes---The fact is, these young men think I am not able to stand out, but I am---(laughter.) Witness, I repeat my question, have you any entry there relating to that document ? I have two entries relative to the Mullaghmast meeting, but I cannot say whether they have reference to this document, or not.

Mr. Whiteside---You must not read them.

Mr. Holmes---Will you swear you did not print that document entitled "Leinster for Repeal ?" I have a printed bill here with the same heading, of which I printed about two thousand for the association; and I was paid for it. The newspapers, I believe, called the Mullaghmast meeting a monster meeting. I printed documents in reference to other monster meetings, which took place near Dubl n.

Mr. Holmes---Did you bring a document here that you printed relative to the Clontarf Meeting? The witness, after searching a bundre of papers, said---No; I find I have not the document alluded to. I think I printed some documents for the Donnybrook meeting; I have brought all the documents I have here in accordance with the subpæna served on me; some

of them were printed for the association; all I have here were printed for the association; I was paid for them.

It was rather a good job---wasn't it ?

Mr. Whiteside---I object to this (loud laughter). It is not a fit question at all. It's a mighty witty observation, though, and has nothing, to say

to the case at all.

Judge Perrin---It is not a question at all---it is merely an observation. Mr. Holmes---Well, Mr. Whiteside, if I stopped you in asking questions that are not relevant to the case, I would never have done. You ask questions which have nothing to do with the case at all.

Mr. Whiteside---True; but that is on cross examination; but you seem to forget that you are now on the direct examination.

A document handed witness, headed the "Revision of the jury list." I printed this, not for the association, but for Mr. Mahony; I don't know if I was paid for it yet.

Mr. Holmes---Then hand it back to me.

Mr. Whiteside---Ay, that's the place it ought to be (laughter).

CROSS-EXAMINED BY MR. WHITESIDE.

Did you print these eleven documents? Yes.

Did you print these three documents, headed “To the People of Ireland,” &c. ? Yes.

Mr, Holmes here rose to ask the witness a question.

Mr. Whiteside---I object to asking the question, unless it arose from anything which fell from me on the direct,

Mr. Holmes---1 omittǝd to ask the witness a question.

Mr. Whiteside---1 object then to your asking it now.

Mr. Holmes---It is the only objection you have made (laughter).

The learned counsel then called on the clerk of the crown to have the document handed to the witness read verbatim.

Mr. Whiteside submitted that none of the documents could be made ise of against the traversers.

Mr. Holmes said that every one of the traversers was a member of the association. The documents were printed for the association The traversers attended meetings of that association, some of whom made speeches there, and the documents were clearly evidence against them all. Mr. Whiteside---They are not evidence against Mr. Duffy.

Mr. Holmes---The documents were printed by the desire of the secretary, one of the traversers being the secretary, and were paid for by the association.

Mr. Whiteside—As to Mr. Duffy, the only distinct evidence against him is that given by the gentleman who saw him one day at Calvert's theatre. Chief Justice-How often did he attend at the meetings, and hand in money?

Mr. Whiteside---I don't care about that, my lord; it is not worth a rush (laughter.)

Attorney-General---This is not the time to argue this question.

i

Mr. Whiteside---As the matter at present stands, your documents are not evidence against the traversers.

Judge Crampton---If any of these papers were handed in and read at the meeting they may be admitted here.

Mr. Whiteside---A question was raised yesterday, but the witness proved he got certain documents from the association, and therefore it was made evidence, but in this case it is different, and the documents cannot be received.

Judge Burton-All the traversers are members of the association, and the papers are issued by the association.

Mr. Whiteside---Oh, but when there are a large mass of papers.

Judge Burton made some observation which was inaudible in the gallery. Judge Perrin---Your objection is, that the papers were not published; but I think they may be given in evidence. Here is a certain number of persons charged for meeting for a particular purpose, and they write and these documents, but do not publish them. I think, notwithstanding, that they may be handed in as evidence.

Mr. Whiteside---I am not at all satisfied on that point, my lord. Mr. Fitzgibbon---The overt acts relied upon to support the charge of conspiracy arose in March, 1843, and surely acts done by the association three or four years ago should not be given in evidence against the traversers, with the view of supporting charges which are laid in the indictment as done subsequently. He knew that the overt acts were laid in the indictment under a videlicet; but the traversers had been furnished with a bill of particulars, with dates annexed, and the crown should be bound by it.

Chief Justice---What do you say to the document printed in October, 1843 ?

Mr. Fitzgibbon---Its being under the date of October, 1843, was not proof that it was then printed. It may have been post-dated.

Mr. Justice Perrin---The Mullaghmast placard was printed last year. The court then said the documents might be read.

Attorney-General---Any documents already read we don't want to read

again.

Mr. Justice Perrin---Hand up a list of the papers you mean to read. The papers were then handed to the clerk of the crown, and he commenced reading a small pamphlet, entitled "Instructions for the Appointment of Repeal Wardens." After a few moments.

Mr. M Donough interrupted him and addressed the court on behalf of Mr. Ea rett. He said that the document then offered to be read was not proved to have been an act emanating from the association, or at any of the public meetings or banquets: it was not adopted; it had not been, at any of the meetings, and it was then attempted to give it in evidence, merely because the secretary for the association had ordered it to be printed. The indictment, after charging the taversers generally, in the first count, with certain overt acts, afterwards enumerates them. The traversers had called upon the crown solicitor for a bill of particulars, in addition to the overt acts charged in the first count of the indictment, and stated in support of the prosecution, evidence would be given in the speeches made, the resolutions moved and adopted, the meetings and dinners which took place, and also entries of proceedings made by the defendants, or by their direction, and the manner and order in which the persons comprising these proceed→