R v Cleary

• Jurisdiction: Ireland
• Judgment Date: 22 November 1865
• Date: 22 November 1865
• Court: Queen's Bench Division (Ireland)

Queen's Bench.

REGINA

and

CLEARY.

Regina v. WattsUNK 9 Cox Cr. C. 13.

ii Appendix. plead amounts to a waiver of the right to obtain security for costs. The application must be granted ; the defendant taking short notice of trial, and all further proceedings being stayed until security for costs has been given by the plaintiff. REGINA v. CLEARY.* . WATERS now made an application, which had stood over from the 20th instant, to have the prisoner admitted to bail. The charge was treason-felony ; and this application stood over from the preÂvious day to enable the prisoner's Counsel to peruse some of the depositions-those of A. Kennedy-relied on by the Crown, and which had not been furnished with the other documents to the prisoner's solicitor. These had since been furnished, and it now appeared that the prisoner had been committed for trial in Dublin, on the 18th of October, while the depositions in question were sworn at Nenagh, one on the 21st, and the other on the 28th of October. Counsel contended that these were not depositions included in the preliminary order by which the Court required the informations to be returned ; and they could not be used on this motion against the prisoner ; they could not be used as evidence in case of the witness's death : 14 & 15 Vic., c. 93, s. 14.-[HAYEs, J. This is a bail motion, and affidavits may be used on it.]-Yes, if these were ordinary affidavits sworn to opÂpose the motion, and entitled in the matter. They have been taken in the prisoner's absence, and are now used to affix guilt on the prisoner.4-[FiTzoEnAto, J. You must go the length of saying that the Magistrate had no authority to swear the deponent.]-Regina v. Watts (a).-[LEFRoy, C. J. That was a case upon the taking of depositions. The Court cannot yield to that objection.]-Well, it appears from the documents that the deponent A. Kennedy had retracted his first information, and denied its truth : will the Court still act upon it ?-[LEFnov, C. J. The Court will, in considering the depositions, keep that fact in view. We must refuse this application. It would be a most mischievous principle to establish on such a motion, to allow a (a) 9 Cox Cr. C...