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Freeman's Journal and Daily Commercial Advertiser from Dublin, Dublin, Ireland • 4

Location:
Dublin, Dublin, Ireland
Issue Date:
Page:
4
Extracted Article Text (OCR)

Imiy bfc pfoud of it as an Irishman' he ma be' UiAlUCU Uli lia 11VUHJ VC47lz V4 ailJVV ttm fill jrimriphpver the national representation of Ire 1 the vast majority of the people are perfectly indiffer interval certainly long enough to afford ent about it OCT Cbm uf ie had a hurv hc odivvrs could annoy him no longi of a Convict sjiip without 3 trial by Jury and notiu permit was taken out on the 8th to brew the tenth recall to his mind the recollection of ml tin 1 nd 41 moi 1 Vk av A VZ vat me XLO IXQ 'VL UVIU JI ID pledges ana of expectations founded on these common Mr Colgan conceived it could not ininre 11 i i ap 1 can find nothing bear as vou will mv client stands acmiitted' and vnn trill that your taste was not yOU cannot condemn him 1 ship will feel on his return to his native soil though penalty there certainly were circum stances in his connec I guilt i to leave permanent impressions which even the variegated tour of his Lordships subsequent life cannot altogether efface" That Chronicle and its Party should not be abld to conjecture what the feelings of a man must bo on his return to his native soil after year passed in preparing promoting and bringing to final conclu sion events which hive raised his country to a height of unparalleled glory we can easily believe or the events in which they have had any concern attempts they have made have been God knows of a very different description It has not jk en thdir fault that the reign of the most cruel tyranny that ever cursed mankind has not consohdated Mt Jjas not been their fault that the Continent is not still enslaved a nd Great Britain instead of being the saviour of Europe the ally of most determined oppressor If their be a num whose feelings piore than any other upon hi return homy me to be envjcd they nntbe Lord CaBiltreagh's Indeed there nc cireumstancer in his connection with Ireland well calculated to leave permanent impressions" The union of Ire land with the British Empire is an event in which His Lordship ample opportunity of judging how his experiment has worked He will doubtless see de monstrated in the beneficial results all those healing and conciliatory measures of which the Noble Lord in discussing the terms of the Union was so lavish in the promise and for whjch he called 'upon the Irish Nation to pay so great a price in advance We should be sincerely gratified to feel his Lordship was entitled to take this credit and that Ireland's tranquility and improvement moral and political was produced under any auspices Such an achievement wbud eclipse by its real splendour the evanescent distinctionsof whicdi the Noble Lord is so though of no more value in the award of high reputtipn than the gaudy ribband to which they are Nay itv would do more for his Lordship th'appt any other public man living be cause ft would have the effedt of relieving the sombrehades of the back ground by the pure brightness of the perspective ButasBmke justly observes that no true conception of beauty can be formed but where love for that object predominates so no suc cessful ellbrt of arresting the prejudices of ages and of extending the lights of knowledge and good Government can have charms for men who them selves have thriven by delusion and who in esti timaiiug public measures consider the' intrinsic excellence as subservient to every other interest Still'it will be impossible for some scenes which may present themselves to Lord Castlereagh in his journey whether it be the sound of th cureuat sun set imprisoning the Irish peasant in his cheerless hovel or tfieaof the Insurrection Bill in pro claimed districts dispatching Jis victims to the hold proud of it a as member of the British Cabinet It has consolidated the strength of the whole'Em pire it has promoted the prosperity of the trade of Irtdand as might be shewn front documeuti which cannot be Controverted If Ireland suffers atthis moment her sufferings do not proceed Tronihe Union she participates them in common not only with this country but with every otherparripfj Eu rope and with America Wherever healing add conciliatory measures could be adopted thcy: have been and if other measures have bcefi rendered ne cessary measures demanded by the lrish gentlemen themselves we ask whether any nan can justly im pute them to the Union? Are those outrages wich have produced the application of the Insurrection Act to different districts attributable to the Union Do the perpetrators of these outrages proclaim that the cause of them is the Union and the object of them is to dissolve it But the Catholic Question Now is there a man concerned in these outrages who knows any thing or cares anything about the Co occurrences wnicn could appear ekiraornmai anyone However the Morning Chronicle seems rather inclined to believe 4 that his Lordship is about tt preside at some Conclave or Congress" XJIUi any Conclave we trust it Will never fall to our lot tvll) may receive and Retain nothing to announce tnat ne nas nan 1 1t 1 1 ftharA in tne laocurs oi a Lonzrcw ib an cvcni which he may reckon among the proudest or ms political life and which history will record in the or cannot most glowing Language or panegyric nut tne (zro nicle it seems cannot conjecture how his Lord MEETINGS CR EDITORS zL the liojai at Tvjo THIS DA Dwscn Idoure and Dnis tn prove debts anil choose siitci I O'Btmie LctigC'd fuaii cxsrnin itiuti Edmund I dlcon it eddy nil 1 I II I 1 lillit I I i I 1 1 1 1 1 LIK Ul 4 fc A UUIUIJ I Vl'i Al A ti 1 A i LVJiinjuiv juruiuf Aiiey iidviii jiuits oi'nym John DiHun Dublin to ovc deb and Ccrldicato I ver GOie Siiuxv ngvot jPGuuh assignee DlJlHl A I'rinted turte impueur 1 Micm It the Ullh Nil Ti iu ut Wheof Subwripthm nreeveiveJ for Tint DhIIV MoNING Eifm i lob of TH RKKV iVS JlX'KVn and Ui Ih pvr imrly t'rwitiiieil dubscnlMJtt either iu Tuwu or CuunUf het of totage ihe JO shall continue to make such extracts frem thd most dhtio guished of our cotemporaries of all parties are best suited to an arrangement intended to i Tipart to the Beaders of thIs Print 27u Spifit rf the Jjurnalt the opinion they may go to sustain it will not of course be espected that we will hold ourselves responsible as when they are not givfea for mere purposes of entertairtrnent their object will be not to propagate any doctrines entertained by ourselves but to give the public an opportunity of hearing all that can be said on both tiSes of such questions as may from time to time be aubtnited to their judgment STROM THE MORNING CHRONICLE Lord Castlereagh has at length set but on his intended visit to Ireland and from the diplomatic array of Secretaries private and foreign in his suite we should be Inclined had not the Courier given a contrary assurance to believe that his Lordship was about to preside at some Conclave or Congress to be held at Dublin rather than enjoy a few weeks of social retirement with his veherable parent at the family mansion We can pot conjecture how his Lordship will feel on his re turn to his nativesoil though there certainly were circumstances in his connection with that branch of the' Empire well calculated to leave permanent im pressions which even the variegated tour of his subsequent life cannot altogether efface Sixteen Vunrs have nearlv claused since his success 'Hl Till? WEEK ENDING RIDAY 'Ln succeeding ojencc in the act of Parliament is the irregularity if any of the reqVst 'note my nexi question went therefore to that point Lnd the witness swore he da: not see the rcijucSt dote nod I did lie thiuK it I thoi'etom nhmir Vnn of the total iv destitute ef proof here also Chapter Section 5 "The first dffenee if mg or conveying unto firill brewery 'or kieve malt without 'a pdnnif for' the 'same only argument I shall use toaci'iiit vncca fUV auU'IHHiS UI UIC POlU2Ln( the answers Please urRat to ths Court whether yoir were or cre 'prBSl when the malt or whatever it 'was ou wiind kieve had been removed Iroin Mr CoIvan's "soreKS it vvir tainly was htt pre ent You canno't'tKerefoie swear that you found even if Wai malt was conveyed from thmstore to the kitfve with out a permit A Net cei tai nly Any question therefore dbout the propdfor im proper conveyance ot the indlt unsupported the evidence uvid on this cause is most In your acquittal you will be gratified by reflect ing that what the law imposes upon you as a duty is in this instance also consistent with sound sense! and true equity The Inspector General is the pro secutor and if there be an irregularity which I totally deny the guager under his own committed the irregularity Has that oilicer been removed or suspended You have it in 'evidence that he remains uncensured justly unconsured Thatis the best test of Mr own opinion (hat all is right Do not now set yourselves against1 him and the laws of your country Although the present caae is on comparatively smalt scale the principle does not contract itself to the mere size of the sum Your capability Gentle men of judging and integrity in deciding will be assayed and esteemed as much in the case you are trying as if thousands depended on the issue To my client who is as wealthy as he is respectable the' consequences of the loss cannot be material If the verdict be against him he must feel for useless anxiety and loss of time in having sought in vain for that justice to which he feels but still it is not to him it is to yourselves the deci sion may be great and important Mr Gentlemen on this occasion as well as the last I have only to repeat my regret that opposed as 1 am I have not Counsel also to support my own and the Crowns rights1 1 rely however on the experience of the Gentlemen that compose this Court and their knowledge of Revenue trials and their own duty not to be imposed upon by any speech however specious and able I had you arc aware Gentlemen a right to ob tain a permit on demand the permit I afterwards got was out of force as you will see eve allowing the full time of tle renewal and therefore was no longer a legal permit As to the article found not being designated as malt according to Counsellor allegation I conceive 1 have fully de scribed it as mult for such it is called not only in I the informations but by the brewers aeknowledij I ment to me I rely therefore on your good seiw Gentlemen and notwithstanding all you have heard so well calculated to mislead your understandings that you will produce a verdict of condemnaiion After a considerable deliberation the Court came to an unanimous decision to acquit the defendant 'The In pecior Generai declared he would appeal 1 in 'exnectaridn of which we fm bim' ivin" dmy it lb to fl 1 f(lv 1 11 1 nr elapsed which was not till Monday The du temianc stands tliereiore tuny uctpmteu and tne judgment of the Courtmelow cannot now be re crscu good man who tnade tne setsure would if he Jad his way qyift half tHqtuiiouiit of the ionalty and forfeitures in pis pocket deprive the wner of hyele hundred a year revenue and let people of the neighbourhood resort to drink perhaps 'for years' pernicious potteen instead of wholesome no? ter I Let the officers continue but a little longerto harrass my client Mn Colgan awl he vyi If refirq also We all know ho cad? dp it without inconvb? nieifce to himself and we also know hefl would? not be the first that an of pains and penalties lias driven to withdraw their capital from trade anil leave labour and clean the most vexatious labour thy most tormenting alarm the alarm of a sudden the labour of what succeeds often hopeless but always harrassiag tigation' John McCulhim Inspector General sworn Saith he is an excise officer and was so on the 12th of ebruary last said day he visited the brewery of the defendant situated in Kilcock in the district ul found the keive mu bed lie a declaration from the brer number of barrels of malt then in the kieve a state 1 succeeding offence if dodAnitted of brewing into malt liquor Jis the not producing or pemnt the Counsel nerc objects to witness giving evidence wiilf a state ol browm nr rpii'nTonic of the' declarations of a third person the defendant qu)C producing nr mfSuuh hud bvch anted not haring been present at the conversation anoutpnt lost or mislaid The permit 'wdk produced to be detailed ivatnin a fcpstmabk? time that' befor'e Mr 6 The Court after argument objec left the concerns That permit if in ton 1 evidence ami therefore of the three offeneds the Mr resumed bis evidence and said act guards against we have nut committed one the brewer declared there were ten barrels of malt pojnt of challenge the prosecutor on anc the kieve for which witness then and these de 1 ther ground besides and I now clefv him to extri manded a permit fur the removal the rcof and there i cate himseifi The whole clause of the Act coniines was none then produced or within a reasonable itself to the imnroner conveyance or' use of timafter 1 article malt The witness swore he did not will cross examined by MR what he found in the kieve malt so that the of "What quantity of malt was there then in the fender the malt if it be an offender escapes for kieve A If all found ift the kieve were malt it want of identificaticn Did any of us ever hear of all exceeded ten stone weight Did you exa a nian being condemned ho could not be identified mine what was really in the move at the time you js absurd It would but insult your understand stated you saw the brew er A I did In what ingSj Gentlemen to reason on such a silly subject manner did you examine it A By tasting it jn pOjnt of law therefore twist and turn the case Tlzx 4nuMflar ihof if 11 rnnnrtinn wlvtf ii i i yUCl liiuv nuuii vixi was in the kieve were raw corn so accurate as to distinguish whether it was ail malt or mixed A By no means so accurate At what time of the day of the I2th of ebruary last did you taka your inspection of the defendants brewery? A Between and 2 How long do you think before that Jiour was what you call malt mashed A I conceive I have not called it malt in any part of my evidence The fine in this case il levied will go one half to' yourself Jhe other to the crown is it not so 'A Yes Please to state to the Court' whether or Were not present when the malt or whatever it was you found the kieve had been removed from Mr Colgan store to the A I certainly was not present You cannot therefore swear that ebruary and still is the Guager whos i A a rrant nerinits to the (letenciant A nc i is iu uivtbi V'JU ui i i 7 cumnd nt inn Oi HUU3C IO UM An inpnnit is tl)C Surveyor over Mr Colgan the 1 A 'J A VYo tc i rl wnc lllPIl fJ I aailL UlHl VVeiN UIW1 i main but what are? I keuevc the Inspector ueneruioi 1 i 1 1 1 A I I I rx 4xrl rvrU'C cisc ana as sucn over uuuj njibun have either of them been removed or dismissed since the permit was so renewed? A lain Inspector General of Excise and as such superior mricer to both Wilson and Crooks and neither have oeen moved or dismissed ir imoniw oniL mon vou have bci All i i i I 1 a '1 iu lunHj IllAI uncni rn rii hit wnu ouu uuui thcr nlthougli the party bound be (lo pise an Irish xml when Ins fetters arc pei on conceived this was law before and I should think "to all the profession to which I have the honour to be long the doArine will appear quaily new At Athlone in a trial before ub Commissimiers I objected to the reading of a duplicate evidence of the permit of which it purported to be it cop 1 hat objection was idler ui gumcntalso overruled and yet it appears that 1 wns right for the Commission ers got the start of the legislat by many months 1 made the objection at the trial on the 2d of Sep 18L1 The act to make duplicate ca dence was not passed till the 22d oi June 1S15 that is ten months and 22 dnvs too we tor me It is the 53th of the King Cluptvr 101 OO I ment ion this only to show that even missioned me fallible ami again to beseech the Court to give as is bound tne bepent oi doubts should it entertain imy to the peisoh custid and not to him whose gain depemls on success of (he accusation Now to apply tin' evidence ol the iA''' Out of all tlie acts and chapters of acts that lirAupig vul nialstei'H mg vie ibe pi escat case but the Iblh of the Km place in which you found it i what you found even suppose it was malt was con veyed to the keive without a permit A Not cer tainly Please to state have you seen the re The Qdest note for that permif which you afterwards got lor said malt A 1 nave nor seen uie request nr fbii il it Did vou ask as he brewer whether any permit nau oeei at any all of which without a solitary exception the Revenue much" to put the brewing off till heftine gvanfed for the article you ound the kieve was prepared and that was not till the 12th He 1 mashed A Having eemanueu mv pv uut 1 i i A i i it thn hrownr io (dnno or i siuereu any luruiei cuev visauvn I i vi On the 12th of ebruary when the Inspector Gene I unnecessary 1 ou aso sa i otnew ui ral came to Mr Colgans concerns the Clerk ofi Win the detenuant that aay bcforeyou Heft tae i i i i '(iii i i i i i i i liar 1 Mil VYi i a circumstance you detailed as to uie pennn zl Mr Colgan and I conversed on the subject Did Coman tell you he had a permit men ms 1 1 1 1 that at tne time you ueiMuimca unv num 3 1 1 nv 1 xo lC (rl me cieiK imuuic pum deiitaily out A 1 was totally mdiuereni to aay thing Mr Colgan said on the subject well knowing Mr Colgan had no permit for brewing that day as I was then in possession of the officers books Did you not some time that day receive a for Jen barrels of malt from the defemiirts malt store to hi3 kieve? A About two hours after I was fol lowed from the town of Kilcock with a permit dated the Sth of ebruary for ten barrels of malt fo be brewed on the 10th of said month State the words and figures on the back of said permit A The words are' as follow 'Die within permit is renewed for 21 hours from morning 9 tins 10th of ebruary 1 S16 they not being able to brew for want of casks I Wilson Officer Kilcock Survey Tho mas Crook Surveyor" Mr Wilson who signed the above renewal of the permit was on the said 12th of' 1 I Mr 1 1 aid tholic Question? Are the quarrels of the Shanavests of Naas aforesaid ana varavats political It even however it could then demanded hp 1 1 IGtl V' tlvlt tllO Coflinlin Hnnctiwi 4 Qni I thmgtodowith them still Lord Castlereagh might claim exemptionfrom blame for he is unfortunately we shall always consider it a friend to that question He will now however have an opportunity from local observation and enquiry to ascertain that the ral came to Mr Colgans concerns the Clerk ofi 0111? the malt store who bad thp normit in hie nrw kpt concents was out Mr did not therefore instant ly see it betook possession of the Guno ers bunks wno was out also he then examined the yen of Mr Colgans concerns and at last condos to go into his house and to take some i ment In the meantime the Clerk returned the If In Lhcy will take care at the next Gene his hurry on going up stairs Mr Colgan took the in two or three is alone vote in favour of the Ca minutes euees his surprise wheuhe' found his tholic Petition at the same rime that they are the guest gone The unexpected sight of the permit alarmed the Inspector General Mr Colgan was' also alarmed He therefore sent immediately a inaq and horse who in less thana mile overtook the flying Inspector and delivered to him this unplea sant permit which Air retained ever since and will now no doubt produce I shall not trouble the Court with a longer state ment In the case last determined (Mr Barnes) I trust I impressed the witness who is the same as in this with the necessity of at least caution in thought the visit of a son to a father wasjnot )f those swearing and as regarding you Gentlemen instead of desiring to make any impression whatever im on your minds my earnest wish i I nt I tnt nd i 1 I xi io 4 4 1 I kt MttUl 4 4144 l((OV4z 1111 I1 lHSIIIUH ir 'xIli' IlillJ II I 1 CailSP SO tllHL VOlir nrw prutniuhnirc 1 That bis Lordship will have any thing to do with paper upon which the depositions are not yet writ fiei ni'iw amil Hrtom ia 4 a very prominent shall issue upon oath from the mouths of the wit igress is an event nesscs Your verdict shall be the test of whether 'you can 11 1 WC12D tne evidence without any mix ture of previous impressions I have been told that Mr Colga'n in your presence offered to pay this buch an otter is no acknowledgement ol Jt uroccuuea Horn imuatence delay and tion with that branch pf the empire well calculated despair of success What that despair proceeds from 1 forbear to mention but I have told him and now tell him again that this Court will do both him and itself justice Of all men in trade it is most the object of0 vernment to encourage brewers It is justly so not only in theory but in practice When I sometime since was brought from Dublin by Mr Corr the brewer of Roscommon to defend him at a tqial for 400 barrels of malt seized and penalty sought to be recovered Mr Grady who I had the honour tp oppose admitted that to encourage bgw cries a great object with Government Between the sei sure and (he fines sought to he inflicted hjid the offi cer succeeded niy client would ljav lpdpteast one thousand pounds that is so much capitpl would have been withdrawn from a trade tjiat perhaps in Roscommon might totally ccusy without that cii piial In Ireland one brewer is in the country jun ta particularly succeeded by another brewer an in England Money is too scarce a commodity with us My client Corr paid Govcrnhicijl at least twelve hpndryd a year mult ddty If the officer RUicucdcd against lie ahis iiriuly rdsolvcd to i cease brevrine and to retire fo )iis lamia Iihk fen Mq that the pledges not Only remain unfulfilled and unsatisfied to this ve ry hour but the very calamities of which they pro therefore got the permit renewed by th nnsseu to lee rne remeuy ure inmupueu unuexucer bated? Whatever may be the real motive of Lord Castle visit to Ireland we are happy to know that any attempt to renewthe imposition by fresh promts has not the remotest chance of success The estimate truly thg character of that seeming support in their cause which while it re cognizes 'Castlereagh and Canning amongst their 1 their claim Hinder i not ulpd i hand and krmrftr A 410 i Vz 1 3 i friends rentiers the hostility of Mr Peel fatal to permit was produced by Mr Colgan himse! 1 Hr i i iihv win iaxr: vai zxi me ii nr vi ij i 1 nt! 1 i rai raecuuii to tnuw muse lucmcis nu tut uicc permit DIS Hand out on returning tionfcermg purposes i ready supporters of every profligate job of an intole rant Ministry that sueh conduct so unprincipled disqualifies them from representing an independent County or commercial City rROM THE COURIER Lord Castlereagh has as our readers know set off for Ireland on a visit to his venerable father He embarks at Port Patrick stopping at Lon thcr the seat oT the Earl of Lonsdale where wc briieve his Lordthip will arrive this day We should bare A DJO URNED RE VEN IJE TRIA OM ATHY TO MONASTEREVEN Before the Sub Commissioners Messrs Conwiy Shackleton and Wood Mr ALCullum Inspfector Geheral of Excise stated that the first case then in order an infor mation for forty pounds which in bis opiaioi the defendant Mr John Colgan forfeited for haring had on the day stated in the informations brewed without a permit Mr APCulIuin stated that it would save much of the time of the Court if Coun sellor Maccabe would admit that his client had been on the day named in tfia informations a licensed brewer otherwise he Mc'Cullum could prove' that fact as either the admission or proof wquld be necessary order to support the information Air Maccabe Gentlenieri I know these infor mations are against a brewer and there ds) pne alle gation in them necessary to be supported byproof but which I admit in complinieiit to: the Court namely that this brewer is licensed If it be a crime to be a licensed brewer? my client pleads guilty nay he has committed the further of having paid his license not only this year init for many years past and he is further sunk" in guilt by having been the means of contributing to the Revenue in malt duty alone several thousand pounds annually Such is the criminal you are about to try for this is not a trial in rem it is the guilt or innocence of the man himself it is that upon which you Gentlemen are to determine Listen then to the ccount of my clients crime On the 12th of ebruary last lie took thn libortvi to Drew navmg previously obtained a permit I 70S lieat'i Bai hn? 50s 50s OJ I 4S i 177 I ur II 107 i i I I 11 167 Bii ley 1 4 0 7 0 I 1 7b 2 Oat 11 0 ID 0 15 4 1X US 00 0 to rs imy 8 Wbi zl IS 0 0 0 1557 2 loor 0 3 0 Average I'r'cv o( heat I loo Od Sftik i st truai 56s bd to 3 4s qj Sali of lour IT HVd fnuil od to 0(l Receipts 5d Yom Ils od to 2Ua PRICE BREAD Quartern Lont 1 2d Half Quailem Ot.

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About Freeman's Journal and Daily Commercial Advertiser Archive

Pages Available:
132,806
Years Available:
1775-1892