IRELAND.

Sir James and Lady Graham arrived in Dublin early in the week, and have been guests at the table of the Chief Secretary. On Wednesday, Sir James and his wife visited the National Schools at Marlborough Street, and expressed themselves highly pleased at the scholarship of the youths. Sir James proceeds to the North of Ireland, on a visit to Lord Dnfferin.

Mr. Nicholas Murray Mansfield, the proprietor of the Evening Packet, died at Dublin on Saturday. Mr. Murray is spoken of as a strong political partisan of the high Ascendancy party, but as a strict eschewer of personal- ity in the conduct of his paper, and an admirable man in private life.

Mr. Simms, manager of a provincial bank, and Mr. William Leathern, "lately an efficient Guardian of the Londonderry Union," have been ap- pointed Auditors of Poor-law Accounts.

Mr. Thomas Reilly, solicitor and crier of the Court of Exchequer in Dublin, has been appointed to the lucrative place of Taxing-officer of the Irish Court of Chancery. The Times correspondent explains this appoint- ment. Mr. Reilly is the father of Mr. Thomas Devin Reilly; but he is, and was, a decided opponent of his son's opinions: moreover, the appoint- ment is in the sole gift of the Irish Lord Chancellor, who received his first brief from Mr. Reilly.

Government have it in contemplation to build forthwith four new bar- racks on an extensive scale, in Dublin, Tipperary, Ennis, and Clonmel. With the erection of these buildings, which will cost a great many thou- sands of pounds, and the building of sixty new workhouses next year, those engaged in the building, timber, and iron trades, are likely to have some- thing to do.—Cork Constitution.

On the authority of "the friends of Mr. Smith O'Brien," the Limerick Chronicle mentions that, no matter how the writ of error may be decided, he will not continue a Member of the Legislature; "being determined, if exempt from penal restriction, never again to appear in public life." It would appear from an address to the electors of the county of Limerick from Mr. Samuel Dickson, that there are already four candidates in the field. Referring to an address from an anonymous candidate, Mr. Dickson says— "1 beg now most respectfully to state, that from motives of delicacy and feel- ings of high respect for many valuable friends, I postponed publicly addressing you; hut, being aware that two other candidates, besides this anonymous gentle- man, have been for months privately canvassing, I therefore felt it but right to acquaint my many friends of my determination, in the event of a vacancy, to so- licit the honour of their support, as a resident landed proprietor, having no per- sonal object to accomplish, but to obtain good measures for our country."

Mr. Fitzgerald, a barrister, and nephew of the Knight of Glin, has also offered himself as a candidate for the county. He conciliates the friends of Mr. Smith O'Brien by stating that he would not have come forward if he had not ascertained that Mr. O'Brien intends, if the writ of error be successful, to retire from the British Parliament. Mr. Fitzgerald's principles approach "Repeal," and he has most extensive connexions among the Limerick gentry.

It is asserted that the English Attorney-General has given an opinion on a case laid before him, to the effect that there is no ground for the writs of error brought by the prisoners convicted at Clonmel, and that the judg- ments cannot be disturbed.

The argument of the case of John Martin in error against the Queen began in the Court of Queen's Bench on Monday. The arguments were very able, and may be made clear to the popular understanding.

Sir Colinan Oioghlen stated, that the writ of error was brought to reverse the judgment pronounced at the Commission Court in Green Street on an indictment under the recent Felony Act. The objections to that judgment were fourfold: firstly, the caption of the indictment was bad; secondly, the indictment itself was hid; llthilyke challenge to a juror had been wrongly disallowed; fourthly, the forrn,u4ke_Ontence was wrong. 1. The caption did not show that the Grand Jury wail-Averts Wens presence of the Judges at the Commission; nor that the Jury were charged to inquire " for the Queen" and " the body of the county of the city of Dublin"; nor that the indictment PM found on the oaths of twelve good and lawful men. Now all these points are material; and they should be set forth in this case, because the Court was an inferior Court of Commission. The points would be assumed in the Court of Queen's Bench—a practice had arisen to as- sume them there—but in all inferior Courts they must be alleged: both principle and the uniform tenor of cases supported this view. 2. As to the form of the indict- ment itself. The recent Felony Act reduced certain treasons to felonies, but it did not alter the incidents necessary to constitute the crimes so altered: therefore the same three requisites must exist to make the new felonies that were necessary to make the same crimes when they constituted treasons. These three requisites were, and are, that there be a felonious compassing to levy war or to depose the Queen, a felonious publishing of a printing or writing, and that the pnnting or writing published should feloniously import the felonious compassing. The first twelve counts omit this material allegation, and are bad for uncertainty; the thirteenth and fourteenth counts are bad for omitting the felonious writings which they mention. The prisoner could not by reason of that omission avail himself of the protection which the 7th section expressly accords to him,—namely, the plea of " former acquittal " in relation to them, if it should be attempted to try him upon them for another offence. [For treason itself.] 3. As to the challenge. Lord Hale says," The juror must stand indifferent as he stands nnsworn." But the corporation is entitled to the convict's goods and chattels, and a borough-rate must be levied when the corporation-fund is insufficient; in that event, the pro- perty of the convict may exceed the debt to be levied, and wholly protect the

juror from a borough-rate: such a situation is one of plain " interest in the prisoner's conviction." 4. As to the sentence. It does not specify the place of transportation. The statute introducing the punishment of transportation says, the transportation may be made " to the settlements or plantations in America,

or such other place, not in Europe, as the Judge shall order." Under the BM

tence passed against Mr. Martin, he may be taken to St. Petersburg, in Europe. Mr. Perrin replied. The form of caption is the same that is always used in the Courts of Oyer and Terminer in the county of Dublin. The indictment is good: the thirteenth and fourteenth counts are similar to those in Thistlewood's case; the sixth and twelfth are framed like treason counts similarly, under the act of Vic- toria, to the old indictments under the old law. The objection as to uncertainty comes too late. The challenge of the juryman was properly overruled. The charter of Henry the Sixth, giving the goods of convicts to the corporation, say; it shall have " the goods and chattels of felons convicted within the city." The words "in the city" apply to the words " goods and chattels," and not to the word " convicted."

Judge Moore—" That is not the plain reading."

Mr. Perrin referred to a case in support of his reading. But if the chattels were meant, then the challenge should have been more particular, and have said which goods, and of what sort; because the convict's goods not within the ancient city would not be forfeited, and there were some sorts of chattels in the city not forfeitable. The identity of the present corporation with the old one, and the non-extinction of the franchise by non-user or misuser, should also be alleged in the challenge; which they had not been here. Lastly, the sentence is right: the act referred to by the prisoner's counsel respecting sentences expressly relates to the offences there mentioned, and applies not to this new offence. It would be strange indeed, that every sentence passed before 1848 should have been illegally passed. At the adjournment of the case, a discussion arose as to which side was en- titled to the last word. The prisoner's counsel claimed it on principle; and the

Crown counsel on the Irish rule of practice; which contravenes alike the English rule and the general principle that the party who begins should have the right to reply. At the opening on Tuesday, the Court determined—" The practice in this country being to give the Attorney-General 'the right of reply, we will conform still to that practice." Mr. Holmes addressed the Court on the prisoner's side. He confined himself to strengthening Sir Colman O'Loghlen's case in regard to the Jury challenge.

He spoke more on general grounds, and read Mr. Perrin a lecture on his technical obstruction to trying this objection on the "real merits "—on the real question whether the Juryman was, or was not, so "interested" as to be swayed in his verdict. He quoted the dictum of Lord Mansfield in the Freemen of Chester case— There is no principle in the law more settled than this, that any degree, even the smallest degree of interest in the question depending, is a decisive objection to a wit- ness, and much more to a juror, or to the person by whom the jury is returned. The law has so watchful an eye to the pure and unbiassed administration of justice, that it wi'l never trust the passions of mankind in the decision of any matter of right. There- fore, if the Sheriff, a juror, or a witness, be interested in the matter to be tried, the law considers him to be under an influence which may warp his integrity or deprave his judgment, and will not trust him. The minuteness of the interest will not relax the rule, for the degree of influence cannot be measured. No line can be drawn but a total exclusion of all interest whatsoever."

He also brought authority from more distant regions: a case in the Supreme Court of Error in the State of New York, which ran thus-

" In any qui tam suit, under the act for preventing usury, which gives a moiety of the sum recovered to the poor of the town where the offence is committed, it Is good cause of challenge against the jury that they are inhabitants of the town."

The Attorney-General rose to enjoy his "lest word." As to the caption, the trial took place before an "adjourned Commission held in Green Street, and not before an inferior Court." As to the indictment, he denied that he must set forth all the printed articles. Judge Cranipton—" There is this difficulty in the case: if you set forth all the words, the indictment would be too long; if you did not set forth any of them, the indictment would be too short." The Attorney-General continued. As to the sentence, this was not a com- mon-law offence, "but one created at a time when it was known that the Lord-Lieutenant had the power of carrying into effect the sentence of trans- portation in any place he chose." But if the sentence were erroneous, it would be the duty of their Lordships to make it right. As to the challenge, if it were good, then the Judges themselves might be challenged; for every one of their Lordships had the same interest as this juror. "The goods of felons went to the Crown, and formed part of the casual revenue. It was applied in easing the public burdens; and it might as well be said that no subject could act asa juror, in a case of felony, because he was interested in the increase of the casual reve- nue." The objection of interest never stands good where the corporation holds the property for public and not private purposes. Judge Moore— In a suit brought by an executor to recover a sum of money due to the estate of a testator, would you contend that the creditors to be paid out of the estate could not be challenged as jurors ?"

Attorney-General—" The point has not arisen in the case of a juror, but it is

decided that such a person is a competent witness." • a •

Judge Moore—" The whole chance of payment of the debt of a creditor might depend upon the result of the case in which he is a juror: could he not be chal- lenged ?"

The Attorney-General quoted a ease concerning a witness: no case concerning a juryman had been raised. Judgment was postponed.

The opposition to the payment of poor-rates has become so general and resolute in Limerick and Galway, that the military have been marched over large districts in aid of the civil officers engaged in levying distresses. On Thursday week, Sir Michael Creagh marched with a party of 300 cavalry and infantry into the district of Knivara and Dooms, where the collection of poor-rate was resisted on a former occasion. On arriving at Dooms, 100 additional soldiers under Major Smith, and a party of consta- bulary led by Magistrates, joined Sir Michael's force: the whole body crossed the bay in man-of-war boats, and traversed the country in different directions for eight or nine hours. No resistance was encountered, and the poor-rate collector raised a large sum of rates. About thirty of the principals in the former riots were arrested. On Monday, the military and constabulary were again out under Sir Michael Creagh, accompanied by two resident Magistrates; and after traversing a considerable extent of barren country, and visiting many a desolate village, they returned to Gort; having experienced no resistance, and secured but small money results. Evictions are becoming rife in the South-western counties. The Lime- rick Examiner states, that notice has been served in the form required by the act of last session, upon the relieving-offieer of the electoral division of Ardpatrick, in that union, that twenty-six heads of families are to be evicted from the lands of Graigue. The same paper gives a list of about 130 men, women, and children, who will be thus driven from their homes.

Attempts at murder are noted. Mr. Moore, of Arnmore, in Cavan, and Mr. W. H. Daniel, of Kilcornan, have been shot at: the latter was dan- gerously wounded.

The Reverend Mr. Darcy, P.P. of Mungret, Ireland, has excommuni- cated the murderers of Richard Donohoe, bailiff to Mr. Gough.