THE STATE TRIALS COMMITTEE.

Lord ACTON.

*Lord LINGEN, K.C.B.

Lord ESHER, Master of the Rolls.

*Lord THRING, K.C.B.

*Lord WELBY, G.C.B.

Rt. Hon. LORD JUSTICE GENERAL OF SCOTLAND.

Rt. Hon. ANDREW MARSHALL PORTER, Master of the Rolls in Ireland.

Rt. Hon. LORD ADVOCATE OF SCOTLAND.

Rt. Hon. GEORGE DENMAN, formerly one of Her Majesty's Judges.
*Hon. Sir ROBERT SAMUEL WRIGHT, one of Her Majesty's Judges.
*Sir HENRY JENKYNS, K.C.B.

*Sir GODFREY LUSHINGTON, K.C.B.

*Sir FRANCIS MOWATT, K.C.B.

*Sir HARRY BODKIN POLAND, Q.C.

*Mr. THOMAS DIGBY PIGOTT, C.B.

*Mr. KENNETH MUIR MACKENZIE, Q.C., C.B.

*Mr. FREDERIC HARRISON.

*Mr. JOHN MACDONELL, one of the Masters of the Supreme Court of Judicature.

Mr. JOHN E. P. WALLIS, Editor and Secretary.

* The members whose names are marked with an asterisk act as a sub-committee.

85234.

Wt. 21279.

a 2

PREFACE.

In this volume the series of reports of political trials arising out of the events of the year 1848 is continued and completed. From the large collection of reports of English trials during this year preserved in the Treasury Solicitor's Library, only the more important have been selected for publication in full.

The present volume also contains a number of cases of constitutional interest decided between the years 1848 and 1850. The materials made use of are stated at the end of each report.

As already observed, the Committee are in no way responsible for the statements contained in any of the cases; and they were not, in their choice of trials to be printed in full, guided by any opinion which they might entertain as to the conclusions arrived at by either judge or jury on any occasion.

January 1896.

vi

TABLE OF CONTENTS.

THE QUEEN AGAINST SMITH O'BRIEN:

Trial of William Smith O'Brien, M.P., for High Treason, at the Clonmel Special Com-

mission, before Blackburne, L.C.J., Doherty, C.J., and Moore, J., September 21st,

1848, and the following days

Proceedings in the Court of Queen's Bench, Ireland, before Blackburne, L.C.J.,

Crampton, Perrin, and Moore, JJ., on Writ of Error, November 21st, 22nd, 23rd,

and 24th, 1848, and Jan. 16th, 1849

Judgment of the House of Lords on Writ of Error, May 11th, 1849

THE QUEEN AGAINST DOWLING :

Trial of William Dowling for Treason Felony, at the Central Criminal Court, before

Erle and Williams, JJ., September 22nd and 23rd, 1848

THE QUEEN AGAINST CUFFEY AND OTHERS:

Trial of William Cuffey, Thomas Fay, and William Lacy for Treason Felony, at the

Central Criminal Court, before Platt, B., and Williams, J., September 25th, 1848,

and the following days

THE QUEEN AGAINST CUMMING :

Proceedings in the High Court of Justiciary, Edinburgh, on an indictment against James

Cumming for Treason Felony and Seditious Conspiracy, November 7th, 1848,

present-Lord Justice-Clerk Hope and Lords Mackenzie and Medwyn; and

November 9th, 1848, present-Lord Justice-Clerk Hope, and Lords Mackenzie,

Moncreiff, Medwyn, Cockburn, and Wood

THE QUEEN AGAINST GRANT, RANKEN, AND HAMILTON:

Page

331

375

381

467

Trial of John Grant, Henry Ranken, and Robert Hamilton, before the High Court of

Justiciary, Edinburgh, present-Lord Justice-Clerk Hope and Lords Moncreiff

and Medwyn, for Conspiracy and Sedition, November 13th, 14th, and 15th, 1848 -

Proceedings on motion for sentence before Lord Justice-Clerk Hope, and Lords

Mackenzie, Moncreiff, Medwyn, Cockburn, and Wood, November 18th and 25th,

1848

THE QUEEN AGAINST FRANCIS O'DONNELL AND OTHERS:

Trial of Francis O'Donnell, Joseph Cuddy, Matthew Somers, Robert Hopper, Edward

Murphy, James O'Brien, Martin Boshell, George Smyth, and Peter Herbert Dela-

mere for a Seditious Conspiracy, at the Liverpool Winter Assizes, before Erle, J.,

December 11th, 12th, and 13th, 1848

THE QUEEN AGAINST RANKIN AND OTHERS:

485

507

585

-

637

Trial of Thomas Rankin and others for a Seditious Conspiracy and Unlawful Assembly,

at the Liverpool Winter Assizes, before Alderson, B., December 18th, 19th, and

20th, 1848

THE QUEEN AGAINST CHARLES GAVAN DUFFY:

Proceedings against Charles Gavan Duffy on four Indictments for Treason Felony, at

the August Sessions of the Commission Court, Green Street, Dublin, 1848, before

Pigot, Č.B., and Pennefather, B.; at the October Sessions before Torrens and

Crampton, JJ.; at the December Sessions before Perrin, J., and Richards, B.;

and at the February Sessions, 1849, before Ball, J., and Lefroy, B..

Trial before Ball, J., and Lefroy, B., February 14th, 1849, and the following days

711

795

858