discourages such unlawful assemblies, publicly, but sets the example in his regulations with his workmen, for while he was on the market campaign against eating, the bricklayers, plasterers, and carpenters, in his employment, never attempted to join the offenders, for, they were sitting snug in Kennedy's Public house, Granby-Row, waiting for the return of their employer, to get their wages. DUBLIN THEATRE. an escape could be effected into the streets. EATING. By Sir Charles Mourdaunt's account of the state of Commerce, between England and America, it appears, the English will eat their own mouse traps, before they would give up their orders in Council. It is no great proof of the accuracy of the Knight's statement, the existing riots of the Birmingham savages to obtain other food besides mousetraps, for we learn by the newspapers, that many of the Devils were trampled on by the cavalry, and taken priscuers, and in their mouths were found, not mouse-traps, but raw potatoes. DOCTOR BRENAN'S MISFORTUNE. On Saturday evening, while the Doctor was busy mending the elbows of his last surtout, and examining a tenpenny fee, sent by a sick patient, some malicious person unknown, until the Major returns from London, flung a stone at the one pane of glass, the Doctor hired from the huxterwoman in Britain-street, for the purpose of exposing to sale his literary ravings. The Doctor's companion in state affairs, Captain Huddlestone, was present, and would have succeeded in capturing the assassin, but unhappily the Testamentary Hero forgot his sword, it being lodged in Jack Stevenson's museum. We think, from the melancholy fate of 300 persons lately burnt to death in Richmond Theatre America, by the inconvenient construction of the doors and passages, that the Legislature should interfere in revising the condition of our Play-house; as the Legislature have given a monopoly of the Dublin Stage to Frederick Jones, it should take care; that any ignorance or petty avarice of the Manager, in the formation of the House, should not subject the Audience to any possible chance of deThe struction, by accidental fires. present contracted accesses to the Pit and Galleries, are so shamefully inconvenient, that were any alarm of fire given, the People, in their attempts to escape, must be suffocated or trodden to pieces; and, if a fire were to happen, nine-tenths of them would be burnt alive. Corridores, at least eight feet wide, should go round each gallery, and at least ten doors ought to communicate with each gallery and its respective corridore-there ought to be two flights of stairs, each six feet wide: and the corridores ought to be so construct-"rigorous enforcement of the vigored, as to be in no manner depending on any of the works of the body of the Theatre; that were even the Theatre to be burnt to a cinder, the corridores should be so independent of the centre buildings, that it would be capable of continuing secure for such a length of time, as it would require to protect the fugitives, until, WANTED IMMEDIATELY— To complete a corps of purplemarksmen, nowraising byspecialcommand of the PM," For the " ous system Intended to be acted upon in Ireland, for effectually "suppressing, removing, and destrog "ing popish petitioners." Such loyalists as are willing to engage in this holy cause, will be earolled, by applying at the 11 Office, Dublin. But in order to defeat the machinations of that arch villain. villain, Watty Cox, who unceasingly watches our most secret movements, it will be expedient that no application be made before midnight; where a deputation from the Bible Body will nocturnally sit three hours, to swear in numbers. After which, they will be initiated into the mysteries of the craft, by the proper officers under the Major, who is to be appointed Colonel Commandant of this Corps. Country Loyalists will take notice, that orders have been issued to every county town, directing the Masters of our Orange Lodges, to furnish each loyalist with travelling expences to this metropolis, applying under the following circumstances: Bandon, Boyne, and Enniskillen Boys, (provided they are not Presbyterians) have only to produce certificates of their birth-and all other Northerns, vouchers from Verner, of their being chapel-burners. And all such persons as shall be recommended by Hall, the murderer-Howard, the Slaughterer, or any other of the undaunted Captain Sam's, Tottenham's, May's, and Rochford's assassins, and by any other of our well beloved Blues in the south of Ireland, will, on application, receive the viaticum required to forward them on their mission. And as a further encouragement, it is decreed, that, after the extirpation of those haughty, high-toned petitioners-the different forfeited estates shall be parcelled out with a pious and fatherly care-share and snare alike, amongst the elect, serving in this religious undertaking. Orders to be particularly observed in the County Kilkenny. It has been seriously represented to us, by our suffering and meritorio s Captain ~, (who is an honor to the cloth) that he has been very roughly handled by the Hon. James B-, who turned him out of company, at the Kilkenny Club House, for the Captain's stern loyalty, in refusing to drink a toast favourable to Catholic emancipation, proposed by Mr.B-, The Bible Body are, therefore, fully resolved not to admit any person into their holy ranks, who will not swear hatred to the Ormonde family. It is also ordered and commanded, that all our blues do take special cognizance of the following families, who are reported to us as attached to Papists, and therefore unfavourable to extirpation, viz. The Butler's*. The Ponsonbys-The NewportsThe Langrishes-The Powers-The Cox's, and the Prims. And to make weekly returns of them to one Head Office. Sir John Blunden is favourable to Papists, which affords us the deepest anguish-but, we have the consolation to communicate to the faithful, that Doctor Duignan has been directed to prepare a Form of Prayer, to be read in all Lodges, and daily. used by all Orange families in this kingdom-Beseeching our Lord that this misguided Baronet may timely renounce his error. Copies of this invaluable prayer, will be speedily forwarded to Pastors Roe-Shaw-Caulfield-Kerr, &c. &c.-To Master Mercier-Brother lago Kough-Brother Wilcocks, Ai-, kenhead-Brother Bill BradishBrother Crucible Hamilton-Brother Nat Shanahan Brother Vestment Williams-Brother Ben Belt Alcock Brother Jack Holmes-and young master Billy. The Battalion of Testimony have the highest regard for this young Gentleman-they are of opinion that he will renovate his family NAME and CAUSE. His father, however, has forfeited our friendship, on account of the great intimacy that subsists between him and the Papists of that county: and we are informed that he shed tears on hearing of the death of Popish Patt, of Jenny-p. * Except Lord Skerrin, who is our only friend in that family. The Colles's of Millmount-The Robertsons of Kilkenny, are also our enemies. We request the attention of our readers to the following interesting documents; one is explanatory of the high tone of intolerance, which every wretch in power has resumed under the Patronage of Mr. Per ceval. The aggravation is the more in sulting, by the gratification it gave to the Woulaghans of Enniskillen,and the hopes it communicated to the exterminators, that the season of oppression has no prospect unfavorable to the progress of persecution and degradation.. Mr. Moore's Letter exhibits the man in a much better point of view, than we would dare to attempt. ENNISKILLEN ASSIZES. FRIDAY, APRIL 10, 1812. The Hon. Baron McClelland, and the The following is an accurate Report of the killen, to the Presentment of the Grand Gentlemen of the Jury, the Traversers of this Presentment, which you are called upon to try, is as exotic a case as ever came before me. You see, by the documents before the Court, that a PERSON, WHO CALLS HIMSELF THE BISHOP OF THIS DIOCESE, has interdicted the Catholic Clergymán, appointed by the Grand Jury as Chaplain to the Gaol of this county. Gentlemen-In point of law, I consider the Interdict of the Rev. Stephen Keenan, not only an arrogation, but an assumption of power of that person, WHO CALLS HIMSELF BISHOP OF THIS DIOCESE !!! Gentlemen, you also perceive, that the Person who calls himself Provin cial of the Order, to which the Chaplain to the gaol is said to belong, has also arrogated and assumed a power similar to that arrogated and assumed by him who stiles himself Bishop. I would, however, caution those persons to beware, lest the Chaplain should bring them before a Court of Justice, in order to punish them for their illegal arrogation and assumption of power ! ! ! Gentlemen, if the Grand Jury had not the power of appointing whomso ever they pleased to the Chaplaincy of this gaol (a power given them by the Act of Parliament) but were to be controuled in their election by persons calling themselvesBishops or Provincials, it would hence follow, that their power was greater than that of the Grand Jury. Nay, more, it would hence appear that they had usurped a power above the Legislature of the country-abore Parliament itself. But, Gentlemen, this is a power which, I confidently trust in God, I will never see them vested with. Gentlemen, it has been argued, that a Parish Priest has a right to prevent any other clergyman from exercising any spiritual jurisdiction in his parish, without having first obtained the permission so to do from his superior; but, Gentlemen, you are to consider, that a gaol does not, properly speaking, belong to any parish, as individuals from every parish in the country may be confined therein. Gentlemen, It has been truly ar gued by Mr. Cole, and Mr. Macklin, that it is made necessary by the Act of Parliament, that the Chaplain's duty to the Catholic prisoners, should be performed according to the discipline of the Catholic Church. And in this opinion, I concur with them. But, Gentlemen, you have it in evidence from the Inspector of the Gaol, aClergymanofthe Established Church, the Rev. Thomas Johnstone, that the Chaplain appointed by the Grand Jury,has discharged his clerical func tions in the Gaol with perseverance, attention and assiduity.* I would here give a word of advice to the person whom I consider the chief cause of this presentment being traversed, to desist henceforth from preventing the Chaplain appointed by the Grand Jury from exercising his duty in the Gaol of this county. Gentlemen, I have once before been called upon in nearly a similar occasion, in an action brought against the person who calls himself the Bishop of Raphoe. I then, for the first time, gave my opinion, that the conduct of the person calling himself a Bishop, was an assumption of power contrary to law, and I have since been confirmed in my judgment by the de cission of my brethren, in the Court of King's Bench. Gentlemen, under all the circumstances of this case, I think you are bound to find a verdict against the traverse. The Jury found against the traverse. By which means the Catholic prisoners would have been deprived of the consolation of receiving the Sacraments of their Church, had not the Hon. Mr. Justice Osborne, with justice and • This was the cafe of Boyle. the Right Rev Doctor M'Laughlin. Of this interest. ing cafe, the proprietor of the Dublin Evening Poft' is in poffeffion of a full and accurate report-and, with humble deference, we beg leave to inform the leaned Judge, Baron M'Cleland, that, in the decision of it, the venerable Judges prefiding in our Court of King's Bench, entertained too high a refpect for her character as gentlemen, and their dignity as Lawyers, to even once defcend to the infulting indecorous language of ftiling a highly learned and revered Catholic Prelate, a perfon calling himself the Bishop of Raphoe!!"-No, this intemperate taunt never escaped from their lips, nor did they ground their decifion on the motion for Arreft of Judgment on the principle of the Right Rev. Doctor M'Laughlin having, as a Catholic Bishop, affumed a power contrary, to law, but for having deprived one of his parishioners of a perfonal right to a pew in the Chapel of Ballyfhannon. We allo beg leave to inform the learned Judge, that, in confequence of the advice FOR MAY, 1812. VOL. V. humanity, which does honor to the rank he holds, reprobated the conduct of the Gaoler, in refusing to admit the Rev. Edward Kernan into the gaol, and giving instruction to the Inspector the Rev. Thomas Johnson, that the prisoner should be permitted the indulgence of being visited by their parish Priest, whenever they pleased to send for him. HON. BARON M'CLELLAND. To the Bar of Ireland. GENTLEMEN, As a member of that honourable Body I now have the honour of addressing, I take the liberty of submit. ting to your consideration, circumstances which occurred on the last North-west circuit, it the Assizes held at Omagh, for the county of Tyrone. A man of the name of Roan was indicted for a misdemeanor under the Revenue Acts, in the Crown Court, before the Hon. Baron M'Clelland, one of the Justices of Assize for the north-west circuit; I was one of the Counsel for the Traverser. About of Mr. Robert Johnston; as able a Lawyer as any our country can boat of, this Cause was removed into the Court of Error-and that Boyle has never fince ventured to bring it before the twelve Judges. + The Bishop's and Provincial's Interdict, the Prifoner's Petition, and Traverse, deny this fact. On this charge we will notwe dare not venture to ex; refs our our feelings; but we trust the Catholic Board will do its duty, by bringing this ample queftion before the prefent Parliament, namely, " Whether a Catholic Prelate, exerciting his functions in conformity to the laws and difcipline of his Church, established for upwards of FirTEEN HUNDRED YEARS, fhall now, in this new era, be told by a Judge of Aflize, that he is a fpecies of non-defcript-a person called a Bishop, thereby arrogating and affuming a power contrary to law. They order these things better in France," where the rights of Proteftant Bfhops are incorporated in the laws of the land. 2 G half half past five o'clock, the case, both against and for the Traverser, was gone throuph-the presiding Judge had charged the Jury-it was then twilight. Baron McClelland asked the Jury, if they had light to sign the verdict then; if they had not, he would order candles for them-the Jury were silent. His Lordship then remarked, perhaps they had not pen or ink, and offered to accommodate them with a pen: the Jury then intimated a wish to retire his Lordship seemed astonished he called them together he told them, "he now found it his duty to go minutely into the circumstances of the case," and, after having before concluded his Charge, and desired the Jury to consider their verdiet, he now again re-commenced his Charge; when the second Charge was concluded, the Jury retired. When the Jury were out a few minutes, his Lordship pulled out his watch, and desired the Sheriff to "go to the Jury, and inform them, unless they agree to their verdict in five minutes, I will adjourn the Court until eleven o'clock; I will then return and receive their verdict and if they have not found one by that time, I will then adjourn the Court until nine o'clock in the morning." On the part of the Traverser, it was objected by his Counsel, that that message should not be deliver ed to the Jury, and that the Bailiff could not consistently with his oath permit the Sheriff or any other person to deliver any message whatever to the Jury-that the oath administered to the Bailiff in his Lordship's presence, and by his authority, was, "That he (the Bailiff) should keep that Jury from all easement of meat, drink and fire, candlelight only excepted-he should suffer no person to speak to them-nor should he speak to them himself, unless it be to ask them, if they be agreed in their verdict, and not that same, without the leave of the Court." His Lordship coldly replied, "Indict the Bailiff." The Traverser's Counsel were ordered to be silent-t he Sheriff wascommand ed to "order silence," and "preserve order in the Court." And, notwithstanding the objection by the Counsel for the Traverser, the Sheriff was detached by his Lordship with the message already mentioned to the Jury !— It appears the Sheriff did deliver that message, for he returned with a message from the Jury to the Hon. Baron, that the Jury had not yet agreed." The Hon. Baron again sent the Sheriff back to the Jury to say, "he would just wait three minutes longer for them." The Sheriff again went, and returned with the answer, that "the Jury had not yet agreed."-The Hon. Baron again sent the Sheriff to the Jury to say the three minutes are now expired, and that he would adjourn the Court. The Hon. Baron then began to put up his books and papers in his bag.Suddenly a cry was heard in the Court to the Jury, then in their Jury-room, "make haste-make haste-find your verdict-he is going-you will be shut up"-and shortly after the Sheriff returned with an answer to the last mes sage from his Lordship to the Jury that the Jury were agreed". There was a long pause-at length three of the Jury made their way through the crowd in the hall to the Jury box-then came in four more of the Jury (the Foreman still absent)-after a consider. able time, the remainder of the Jury got into the box until the last of them had arrived, which was a space of upwards of eight minutes. The names of the Jurors were called over by the Clerk of the Crown-their verdict was handed in-was received my client found guilty. I then rose, and said, " Mr. Foreman, I wish to know, was there any communication made to the Juryin the Jury-room by any other person than the Bailiff?"-Baron M'Clelland turned to the Jury, and said, “Juror don't answer that question"-thea turning to me, in a violent rage of passion, he dashed down his bag on the Bench, and said, " Sir, you are guilty of a gross contempt of Courtre I have -agrea |