“On Friday (se’nnight) the important trial of Mr. Duffy commenced, before Baron Richards and Mr. Justice Perrin, and the first two days were consumed in arguments for and against the quashing of a former indictment found in the county of Dublin against the prisoner. On Monday the court decided the point. The motion of the prisoner’s counsel was, that Mr. Duffy be not called upon to plead to the indictment found against him by the grand jury of the county of the city of Dublin, because another and a similar indictment was put in against him in the county of Dublin; and as it would be an injustice to him to be called upon to plead to one indictment during the subsistence of another in which the crime laid was the same.
“The judgment of the court was, that the whole of the cases previous to the passing of the act 6 Geo. IV., cap. 51, were against the case made on behalf of Mr. Duffy, and that there was nothing in the act to take it out of the operation of those decisions. The act did not directly apply to the present case at all, and the court could not imply anything to disqualify the crown from taking whatever course it should think fit to take in furtherance of the administration of justice.
“The counsel for the prisoner, however, had not stated all their objections; and on Mr. Duffy being called on to plead to the indictment, his counsel handed in on his behalf a plea of abatement, on the ground of the disqualification (by reason of non-residence, or not being householders) of two of the grand jury who found the bill. The counsel for the crown retired, and, ultimately, the further consideration of the plea was postponed to the next day.
“The court intimated that in the decision they had come to on the motion before them in the morning, they by no means desired or intended to leave Mr. Duffy open to the indictment found in the county along with that found in the city. Before he pleaded to the latter, the crown should declare what course would be adopted—whether a nolle prosequi should not be entered on the other.
“Application having been made to rescind the order of the court made on Saturday, prohibiting the proceedings at the trial to be published in the newspapers until the trial had been concluded, the court refused to accede to the request.
“On Tuesday, the arguments on the plea, handed in on the previous day, engaged the court the whole day. Their lordships took time to consult the various authorities cited, before giving judgment. Before rising, the court refused to hear Mr. Duffy, who applied to have the order against the publication of the proceedings at the trial in the newspapers rescinded, and directed the application to be made by counsel; stating at the same time that the order must remain in force, unless it could be shown that the prisoner would sustain damage from the non-publication.
“On Thursday morning, Mr. Holmes inquired at what time their lordships would deliver judgment as to the validity of the plea in abatement? Mr. Justice Perrin replied that they hoped to be able to give judgment tomorrow (Friday). It was clear that, no matter what that decision might be, the trial could not be commenced until after Christmas.”
After many and intricate legal questions had been disposed of, Mr. Duffy finally escaped the meshes of the law, and resumed his avocations as proprietor and editor of the Nation newspaper, which journal he conducted for a time with more moderation, although the government still allowed him an extraordinary degree of license.
Irish Agitation fob Rotatory Parliaments.—The extinction of the Irish insurrection did not suppress agitation. The moral-force Repealers kept up a certain amount of clamour: said much, but not to any purpose, and did nothing.
A considerable number of noblemen and gentlemen, more remarkable for their high position and character than for intellectual power, formed an association for the purpose of promoting what they called Rotatory Parliaments, which would lead to the frequent holding of legislative sessions in Dublin. On the 18th of December, a meeting for this purpose was held in Dublin, at the Northumberland Buildings, Lord William Fitzgerald in the chair. The meeting was but thinly attended, probably on account of the extreme wet which prevailed all day. Mr. Sharman Crawford proposed the first resolution—“That the present mode of legislation for Ireland is at the root of all the difficulties under which this country labours.” Mr. Crawford referred all the evils under which Ireland laboured to English misrule and Irish landlords. Dr. Carmichael moved the next resolution:—“That amongst the many striking instances of the neglect which Irish affairs, even of vital importance, usually meet with in the imperial parliament, may be stated the failure of all attempts by the Irish members to improve the laws relating to medical charities.” The next resolution was as follows:—“That the present mode of legislation for Ireland tends to alienate the affections of her people; to prevent their industry and self-reliance, and would be impolitic even in a recently conquered country.” The fourth resolution stated:—“That the waste lands of Ireland offer a vast field of remunerative employment for her unemployed population, while the many abortive attempts that have been made to legislate on the subject in the imperial parliament sitting at Westminster, furnishes another argument for a meeting of the imperial parliament in Dublin.” All the resolutions were passed unanimously. Lord Massarene was then called to the chair; and a vote of thanks having been passed to Lord W. Fitzgerald, the meeting separated.