Nally and Others v The Queen

• Jurisdiction: Ireland
• Judgment Date: 16 June 1884
• Date: 16 June 1884
• Court: Queen's Bench Division (Ireland)

Q. B. Div.

NALLY AND OTHERS

and

THE QUEEN

R. v. BertrandELR L. R. 1 P. C. 520.

R. v. MurphyELR L. R. 2 P. C. 535.

C. J., in R. v. MartinELR L. R. 1 C. C. R. 378, 381.

Gould v. Oliver 2 M. & Gr. 238.

Charlotte Winsor v. R. L. R. I Q. B. 289.

R. v. PooleUNK 14 L. R. Ir. 14

R. v. GrayINTL 6 I. L. R. 259.

R. v. Scaife 17 Q. B. 238.

R. v. LoxdaleENR 1 Burr. 445.

Howard v. Bodington 2 Prob. Div .203, 213.

O'Brien v. R. 1 Ir. Jur. (O.S.) 169; 2 H. L. Cas. 465.

R. v. OxfordENR 13 East, 410.

R. v. SetonUNK 7 Term Rep. 373.

R. v. WhistonUNK 2 Dowl. (N. S.) 408.

R. v. Lucas 2 Fox & Sm. 30.

R. v. Mary M'MahonUNKIR I. R. 9 C. L. 309.

Winsor v. R.ELR L. R. 1 Q. B. 390.

R. v. Grogan 1 Cr. & Dix, 189.

Poole's CaseUNK 14 L. R. Ir. 14.

Ex Parte Newton 4 El. & BI. 869.

Certiorari — Misdemeanour — Jurisdiction.

LAW REPORTS (IRELAND). QUEEN'S BENCH, COMMON PLEAS, AND EXCHEQUER DIVISIONS. NALLY AND OTHERS v. THE QUEEN. Q. B. Div. 1884. Certiorari-Misdemeanour-Jurisdiction. June 16. An application for a certiorari to the Queen's Bench Division does net lie after conviction and judgment. Poole's Case (14 L. R. I. 14) explained. MOTION for a certiorari to bring- up the record in the case of Patrick William Nally, Thomas Augustus M'Cawley, Thomas Daly, James King, and Peter Monelly, who were tried and conÂvicted at the Spring Assizes, 1884, for the county of Cork, before Mr. JUSTICE LAWSON and a special jury, on a charge of conspiracy to murder, and sentenced to penal servitude; and to insert on the said record as part thereof the original issue papers submitted to the jury at the said trial, and signed by the foreman of the said jury, on which the findings were entered, in order that the verdict therein had might be set aside, and that the judgment theron delivered might be avoided, and that a verdict of acquittal might be entered for the traverser Peter Monelly, or that a venire de novo might be awarded in respect of the said Peter Monelly and all the other traversers, or in the alternative for a new trial. The motion was grounded on the affidavit of M. J. Horgan, the solicitor for the traversers, which stated that at the Summer Assizes, 1883, for the county of Mayo, a bill was presented to the Vol,. XVI. 2 LAW REPORTS (IRELAND). [L. R. I. Q. B. Div. grand jury against Thomas Augustus M'Cawley, Patrick William 1884. Nally, Thomas Daly, James King, Peter Monelly, Richard Hal- NALLY loran, and Matthew Melvin, for conspiring to murder. The first Tax Q N. count charged that all the above-named persons on the 15th December, 1881, and at divers other days and times in the years 1881 and 1882, unlawfully did conspire together, and together with divers other persons to the grandlury unknown, feloniously, wilfully, and of their malice aforethought, to kill and murder William Wills, James Hawkshaw Scott, George Hawkshaw Scott, Michael Leonard, Thomas Ruane, Joseph Hogan, John Valentine Knox and George Beatty. The second count charged that all the above-named persons, on the days and years aforesaid, conspired together, and together with other persons to murder William Wills. The third count charged that all the above-named persons, on the days and in the years aforesaid, conspired together, and together with divers persons to the grand jurors unknown, to murder James Hawkshaw Scott. The fourth, fifth, sixth, seventh, eighth, and ninth counts contained charges in simiÂlar terms of conspiring to murder George Hawkshaw Scott, Michael Leonard, Thomas Ruane, Joseph Hogan, John Valentine Knox, and George Beatty, respectively. The grand jury found a true bill on the said bill which was numbered one. At the same Assizes for the same county a further bill was presented to the grand jury against all the persons above-named, for treason-felony, and the grand jury found a true bill against them all. The venue in the said cases was removed by an order of the Queen's Bench Division, under the provisions of the Prevention of Crime (Ireland) Act, 1882, from the said county to the county of the city of Cork, and the Attorney-General for Ireland caused a notice to be served under the provisions of the said Act, that it was his intention to have the cases tried by a special jury. The trial of all the above-named persons took place at the Winter Assizes for the year 1883, before MR. JUSTICE JOHNSON, at Cork, and resulted in the acquittal of Richard Halloran, and a disagreement as to the other prisoners. The second trial of all the above-named persons except Richard Halloran, took place at Cork before MR. JUSTICE LAWSON at the Spring Assizes, 1884 ; and the Attorney-General, having served notice under the provisions of the Prevention of Crime (Ireland) VOL. XVI.] Q. B., C. P., & EX. DIVISIONS. 3 Act, 1882, of his intention to have the said persons tried by a Q. B. Div. special jury, a panel of special jurors of the county and city of 1884. Cork was prepared by the sheriffs of the county and city of Cork NALLY for the trial of the said persons. That William D...