2 DECEMBER 1843, Page 4

IRELAND.

After all, the defendants in the State prosecutions have succeeded in obtaining a delay of the trial. On Friday, in a full Court, the Attorney- General moved that in the case of the Queen versus Daniel O'Connell and others, there should be a trial at bar, to take place on the 11th December.

Mr. Henn, for the defendants, then made a cross motion for further delay. It rested on two distinct grounds,--first, that the present Jury- books and list had not been prepared according to law ; and secondly, that the defendants had not had time to prepare their defence. A re- vision of their Jury-list was then proceeding before the Recorder ; and though only one-fourth had been gone through, great errors had been discovered : there were only 388 names on the Special Jury-list, though it had already been found that 500 were qualified to serve, of whom 100 were Roman Catholics ; and it was sworn that 300 Roman Catholics were qualified. He moved that no day should be appointed before the 1st January 1844; the object, in fact, being to fix the trial not earlier than February, as the new Jury-list could not take effect before the 1st January, and it coald not be used for a month afterwards. In sup- port of the second ground, he referred to the immense number of acts charged in the indictment—no fewer than fifty-eight, and the number of places at ohich they had occurred, to show how impossible it would be to collect evidence in time.

The Attorney-General contended, that, from the circumstances—the publicity of the meetings, the detailed accounts of them by the reporters of the defendants themselves, and their knowledge of those who were on the platforms—there never was a case in which the evidence that might .he required for the defence was more completely under the con- trol of the parties charged. He could not agree that as fair a trial could not be obtained before a jury selected from a list composed before the beginning of all the excitement as from one composed during the ex- citement. Still, he did not altogether resist the motion— Although he felt that it was his imperative duty to resist to the utmost of his power any technical objections to the progress of this momentous case— although he had forced—far no other phrase would properly describe the course which he had been compelled to adopt—although be had forced the traversers to plead, and driven the mout of every pretext for delay—still, another duty im- posed itself on him' fur he had duties to discharge not only to the Crown but to the public ; and he agreed with his learned friend, that it would not be de- sirable that the trial should take place so rapidly or under such circumstances as would enable any person with justice to say that it had been hurried forward unfairly. He had the strongest desire, on the contrary, that it should be fairly brought forward; brought not only before a jury who would try it fairly, but of whose perfect fairness every inhabitant of the empire must be convinced. Under these circumstances and labouring under a greater degree of anxiety than he ever in his life had before to encounter, he had endeavoured to come to a conclusion as to what he ought to do. In his opinion, when a public man had come to a conclusion of whose propriety he was convinced, his best course was to carry it into effect, without being influenced by any thing which might be said respecting it. Although he should resist a postponement of the trial till February, yet after the statements in the affidavits, which he admitted to be of importance—after as anxious a consideration of the whole of the case as was ever by any public man devoted to the consideration of a subject, he had come to the conclusion not to object to the postponement of the trial to the second day of next term—to the first Monday, in fact, in that term ; and he should on no account consent to its being put off to the vacation after term. By ceding this extension of time, he should put an end to the objection made to the present Jury-panel on the ground that they could not hare a fair trial by it. That objection must now fall to the ground ; for before the period which lie had named the revised list would be completed, and they could select a jury from it.

The Lord Chief Justice said, that the Attorney-General had very properly given way to the postponement of the trial until every thing like an imputation on the selection of the j ury should have been removed ; for he took the allegations respecting the revision of the list as admitted on all hands. As to the other plea for delay, he met it by the con- sideration that sixty days—the period between the 16th of November, when the defendants received a bill of particulars of the charges, and the 15th of January—must be ample for the preparation of evidence. The Court therefore concurred in fixing the 15th January as the day of triaL '

Mr. Thomas Steele created some amusement in the Court by protest- ing against a remark of the Chief Justice, founded on the supposition that all the witnesses for the defence were to be sought in Ireland : ex- cept Lord Plunket, whom he regretted to drag from his retirement, all the witnesses whom he intended to summon were in England.

On Saturday, Mr. O'Hagan moved, on the part of Mr. Charles Gavan Duffy, that the defendant or his attorney should be furnished with a

copy of the witnesses' names endorsed on the back of the indictment, or for such order as the Court should be pleased to make. The Attorney. General opposed the motion, as counter to the practice in Ireland, and maintained that a contrary practice would be dangerous to the ad- ministration of justice in Ireland. The Chief Justice drew a distinc- tion between a similar motion which had bees made before, but as of right, and the present application to the discretion of the Court. There was, however, no clear statement that the names of the witnesses were necessary for the defence, and at present he did not think that the ap- plication had been sustained. He pointed out the danger if witnesses' names were known, that their characters would be discussed and vilified in the newspapers. Among the affidavits, was one by Mr. Coppock, as to the practice in the English Court of Queen's Bench : he did not admit that Mr. Coppock was an authority, as he was not an officer of the Queen's Bench in England ; but even if the practice were different in England, he must still say that he should abide by the practice in Ireland. Mr. Justice Burton and Mr. Justice Crampton concurred. Mr. Justice Perrin, who spoke with some asperity and emphasis, dis- sented; mainly on the grounds that the defendants should, in justice, have the advantage which they requested, and that the practice in England was proof of the English common law, to which the common law of Ireland should conform. The motion was refused.

Notice was then given, that the Law-officers of the Crown would apply for a Special Jury in the case of the Queen versus O'Connell and others ; but not until after the new Jury-list should be completed.

The conduct of Mr. Brewster came under discussion at a quarterly meeting of the attornies and solicitors of Ireland, at the Four Courts, on Tuesday. In the course of the arguments before the Judges of the Queen's Bench on the four-days rule to plead, Mr. Brewster said that the letter sent by the defendants' attornies to the Clerk of the Crown, asking how long a time the defendants would have to plead in, was meant to entrap that officer. Mr. Pierce Mahony and other attornies protested against that imputation. The counsel for the defendants hav- ing avowed their sanction of the letter, Mr. Brewster withdrew the as- persion; on which Mr. Mahony complained, that it was hard that the mere assertion of counsel was to be believed, while attornies were not believed on their oath. Mr. Brewster said that he did not impute any impropriety to Mr. Mahony ; who was called to order by the Court. Subsequently, it seems, at the instance of the injured man, a committee of attornies addressed a letter to Mr. Brewster, demanding explanation ; and asking whether he meant to cast any stigma on the profession, or to draw any distinction between the professional assertion of a barrister and a solicitor? He disclaimed any such intention. At the meeting on Tuesday, several persons did not think this explanation satisfactory ; and among the dissatisfied was Mr. Mahony. Mr. Ffrench, of Ros- common, recommended "the Connaught practice, of gentlemen settling such disputes among themselves "! Others objected to that plan, "as likely to lead to bloodshed." Ultimately, a resolution was passed de- claring Mr. Brewster's reply "satisfactory to the feelings of the pro- fession."

The proceedings at the weekly meeting of the Repeal Association, on Monday, were particularly uninteresting. Some communications ex- pressing sympathy, from Protestant Dissenting clergy, were read ; and also an address from the Leeds National Universal Suffrage Association, condemning the conduct of Government. The Reverend Thaddeus O'Malley delivered a long speech in favour of a federal union ; citing the example of such leagues, from the Achaian down to the Swiss; and he advocated a separate Parliament each for England, Scotland, and Ireland, thus united. Mr. O'Connell replied, that England and Scot- land did not ask for separate Parliaments, and should not be dictated to ; while Ireland sought no new experiment, but only a restoration of what formerly existed. He then counselled tranquillity ; and went on to attack the Times for an article on the Finnoe outrage, with a general application to the state of Ireland : he reprobated that outrage' but re- torted on the journalist, that an old woman had been shot by the Welsh rioters, yet the Times dared not turn round on the Welsh and say, "You are all guilty of murder." Mr. O'Connell moved another address "to the People of Ireland," which we subjoin ; only stating first, that the rent for the week was announced to be 638/.

TO THE PEOPLE OF IRELAND.

"Fellow-countrymen—Attend to me ; attend to me earnestly, andAge that perfect reliance on my advice which you have so often exhibited. "You have never had occasion to regret taking my advice. "Before I proceed on the present occasion, I feel it my duty—a most pleas- ing duty—to return you thanks for the complete tranquillity that prevails. It delights me, and it delights all your friends, to see the perfect tranquillity and submission to the law that pervades the country. Your enemies are anxious that you should disturb the peace; that you should be guilty of outrage, and violence, and crime. Thank Heaven, you have disappointed them ! Thank Heaven, you are determined that nothing shall provoke you to any species of riot, or tumult, or violence ! How I thank you from the bottom of my heart for that determination!

" There are, however, two topics on which I feel it my duty to address you, and to which I anxiously entreat your earnest attention. "The first of these relates to Ribandism.

"I tell you emphatically, that Ribandism is the most foolish as well as the most vicious combination that ever was formed. There is nothing so hateful and detestable in Ireland as Ribandism. It is as silly as it is wicked. It tends to encourage drinking in low and unlicensed public-houses; and in fact, it is set on foot and kept up principally for the benefit of persons who do not de- serve to be publicans, and who in general do actually sell liquor without licence. " I am sure that the respectable publicans all (with me) discourage it. I know they do in Dublin, and in many other places; and I believe in all. No matter whether it be connected with liquor or not, it is a vicious, a cruel, a foolish, a driftless and absurd confederacy. It never did any good, and it never can do any good. It causes assaults, and riots, and ruffianly beatings, without being productive of any one advantage. I hate it from my inmost soul. No man who is known to be a Ribandman shall ever be admitted to be a Repealer. If the Repeal Wardens do not suppress Ribandism in their neighbourhoods, their names shall be struck out of the Repeal Association altogether. "I hear, with the deepest regret, that in the county of Cavan another set of Ribandmen, calling themselves • Billy Smiths,' or some such foolish name, have lately made their appearance. They are worse, if possible, than the former Ribandmen. No man that is known to have any thing to do with the Billy Smiths' shall ever be admitted as a Repealer. " I conjure, I entreat, and I wish I could command, every honest man who knows of the existence of 'Billy Smiths 'and Ribandmen, to denounce them at once to the Magistrates. At all events they will soon be betrayed by their own companions and instigators; and when they come to be imprisoned and fined or transported, they will then bitterly regret not having taken my affec- tionate and anxious advice.

" I most respectfully. solicit the Catholic clergy to announce these my senti• merits in every locality in which there may possibly exist Ribandmen or Billy Smiths.' I, in like manner, solicit them to add to my advice the weight of their venerated counsel and authority. "There is another topic upon which I wish to address the people, and to offer them my earnest advice. It relates to a practice now beginning to geow up, of lighting bonfires on one frivolous pretence or another. It is a foolish and dangerous custom ; it can do no good, and may do a great deal of harm, even accidentally. Let there not be any repetition of that most absurd and senseless practice. This is my advice--will you let me say it is my command? "In Ulster particularly it ought to be avoided. I am told that some of the Orangemen there consider it as an insult : that is a decisive reason why it should never be repeated. No honest Repealer would insult any man. Every honest Repealer would conciliate all men of all parties. Let there be nothing more heard of these bonfires in Ulster, or in any part of Ireland. "1 cannot conclude without again offering to you my most cordial thanks for the universal peace and quiet that prevails. Let every man in every part of Ireland be tranquil and quiet, and conduct himself peaceably and loyally. Let him totally avoid any riot, tumult, or violence. Whatever may be the event of the pending trials, let every man stay at home in quiet, and be not tempted by anybody to any species of breach of the peace. Every man who is Oily of the slightest breach of the peace, is an enemy of mine and of Ire- land.

"This is my advice.

"No Ribandism !

"No' Billy Smiths!'

"No bonfires!

"Peace, quiet, tranquillity, and within twelve months the Repeal of the Union will be at hand.

"I am your ever faithful servant, DANIEL O'CONNELL." "Dublin, 23t1 November."

Mr. O'Connell's future course is thus chalked out: he is to leave Dublin on Sunday, and to sleep at Maryborough ; to attend a banquet given to Mr. Smith O'Brien, at Limerick, on Monday ; to set out next day for Darrynane ; and to stay there till the 5th January, when he will return to Dublin.

The election of a Member for Kilkenny was fixed to take place yes- terday, the 1st instant. It was expected that Mr. Somerset Butler would be elected without opposition.

The Municipal elections of Ireland took place on Saturday. In Dublin the affair passed off very tamely, the public mind being en- grossed with more stirring matters. The Conservatives gained an ad- ditional representative in the Town-Council, in the person of Mr. Gus- tavus Hamilton ; who has succeeded Mr. T. R. Lymes, a Liberal, in Merrion Ward. The Conservatives boast trifling successes elsewhere. In Belfast, the only borough in which they have had a majority under the new system, they now monopolize the Town-Council.

The Dublin Evening Mail publishes a number of letters, which show that much alarm prevails among the Protestants at rumours of an in- tended insurrection. Some of the writers boast that they would resist attacks on their houses. The alarm appears to be genuine, whatever the cause for it may be. At Sligo, Castlebar, and Ballintra, military precautions were redoubled last week ; it is supposed on account of si- milar rumours.

In two places, Castlecomer and Mayo, Catholic priests have indulged during Divine service in violent attacks on the Executive Government ; troops stationed in the towns being present : the soldiers were in each case marched out of chapel by the commanding officer.

Government have offered an increased reward, 1501., for the appre- hension of the men who attacked Mr. Waller's house ; and Mr. Brere- ton, a Magistrate, has offered 500/. for their conviction, and 100/. for private information of each person concerned.