A review of the principal facts connected with ... the recent state prosecutions in Ireland, by a barrister [D. Leahy].1845 |
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A Review of the Principal Facts Connected with ... the Recent State ... David Leahy Pré-visualização indisponível - 2016 |
Palavras e frases frequentes
actually alleged appears arbitration argument assembly asserted attended Attorney authority awarded bad counts Barrett bill of particulars character charge Chief Justice circumstances Clontibret conduct conspiracy conspiring course Court of Queen's criminal Crown decision declared defendants deponent Dublin Duffy duty England evidence exhibition existence expressly fact Government grand jury ground guilty House of Lords illegal imputation indictment intimidation Ireland judgment Justice Burton Justice Crampton large numbers law lords learned friend learned Judge Legislature Lord Brougham Lord Chancellor Lord Denman Lord Lyndhurst Lord Mansfield Lordship Majesty's subjects matter means ment monster meetings Mullaghmast names noble and learned nolle prosequi O'Connell object observed offence opinion parties peace persons physical force present principle proceedings prosecution punishment purpose Queen's Bench question record reference Repeal Association respect seditious sentence seventh counts Solicitor speeches statement statute suppose Tierney tion trial tribunals unlawful verdict whilst whole witnesses writ of error
Passagens conhecidas
Página 66 - I say unto you my friends, Be not afraid of them that kill the body, and after that have no more that they can do. But I will forewarn you whom ye shall fear: Fear him, which after he hath killed hath power to cast into hell; yea, I say unto you, Fear him.
Página 277 - But even in such cases the subsequent judges do not pretend to make a new law, but to vindicate the old one from misrepresentation. For if it be found that the former decision is manifestly absurd or unjust, it is declared, not that such a sentence was bad law, but that it was not law ; that is, that it is not the established custom of the realm, as has been erroneously determined.
Página 232 - ... of the witnesses sworn, and to authenticate the same by his signature or initials — that is, before the objection above made can possibly arise. As a matter of convenience at the trial, in order to ascertain at a glance whether the witness examined before the Crown jury was one of those who appeared before the grand jury, such direction ought, undoubtedly, to have been complied with ; but it cannot be the law that, after the witness has been duly sworn and examined, and the bill returned a...
Página 141 - G array, founded on the principle of the array being itself incorrect and injurious to the party, unless I see that ancient process directly repealed by Act of Parliament, I will not believe that that process does not still exist, and that that remedy is not still preserved to the subject. The absence of all other remedy in a case of such immense importance, is to me demonstrative proof that that old remedy exists ; that the objection has been well taken ; that the challenge ought to have been allowed,...
Página 275 - Uw there is legal ground for the doubt which is entertained. My lords, this is no unusual practice. This is not the first time that a Court of error has taken that view. I perfectly well remember, not indeed in a Court of error, but at the time when my noble and learned friend on the woolsack was presiding with so much dignity, and so beneficially to the public, in the Court of Exchequer, a case was brought before that Court, upon which it was proposed to overrule, not the dicta, the impressions,...
Página 131 - I felt a strong desire to ensure the benefit of a full discussion of that point ; and I accordingly wrote to my brother Coleridge, several weeks ago, thinking that he would attend that consultation, and would submit that point to the learned Judges. Most unfortunately, however, he was prevented by illness from leaving his room, but he wrote his opinion upon the whole subject ; sending one copy of it to the Lord Chief Justice, and another to myself. " I answer this sixth question...
Página 37 - ... position to the said government and constitution." Second. " To stir up jealousies, hatred, and ill" will between different classes of her Majesty's " subjects, and especially to promote amongst her " Majesty's subjects in Ireland feelings of ill-will " and hostility towards and against her Majesty's " subjects in the other parts of the United King" dom, and especially in that part of the United
Página 260 - The judgment roll imports incontrovertible verity as to all the proceedings which it sets forth; and so much so, that a party cannot be admitted to plead that the things which it professes to state are not true.
Página 232 - ... is directed to state the name of the witnesses sworn, and to authenticate the same by his signature or initials — that is, before the objection above made can possibly arise. As a matter of convenience at the trial, in order to ascertain at a glance whether the witness examined before the Crown jury was one of those who appeared...
Página 51 - ... and unwieldy indictments. An indictment which fills fifty-seven close folio pages is an abuse to be put down, not a practice deserving encouragement. Most of the persons who are accused of offences are in a line of life which does not enable them even to get a copy of such a charge from the clerk of assize, who will not part with it without his fees ; and when the party accused has obtained a copy, the greatest stretch of mind of the most learned persons can hardly even for days, as we know from...