y is
fifteen. If, therefore, there had been fifteen more Roman Catholics in
the jury-list, it would have been an even chance that there would have
been one Roman Catholic more among the forty-eight. If there had been
twenty-seven more Roman Catholics in the list, it would have been almost
an even chance that there would have been two Roman Catholics more among
the forty-eight. Is it impossible, is it improbable that, but for this
trick or this blunder,--I will not now inquire which,--the result of the
trial might have been different? For, remember the power which the law
gives to a single juror. He can, if his mind is fully made up, prevent
a conviction. I heard murmurs when I used the word trick. Am I not
justified in feeling a doubt which it is quite evident that Mr Justice
Perrin feels? He is reported to have said,--and I take the report of
newspapers favourable to the Government,--he is reported to have said
that there had been great carelessness, great neglect of duty, that
there were circumstances which raised grave suspicion, and that he was
not prepared to say that the irregularity was accidental. The noble lord
the Secretary for the Colonies has admonished us to pay respect to the
judges. I am sure that I pay the greatest respect to everything that
falls from Mr Justice Perrin. He must know much better than I, much
better than any Englishman, what artifices are likely to be employed by
Irish functionaries for the purpose of packing a jury; and he tells us
that he is not satisfied that this irregularity was the effect of mere
inadvertence. But, says the right honourable Baronet, the Secretary for
the Home Department, "I am not responsible for this irregularity." Most
true: and nobody holds the right honourable Baronet responsible for it.
But he goes on to say, "I lament this irregularity most sincerely: for
I believe that it has raised a prejudice against the administration of
justice." Exactly so. That is just what I say. I say that a prejudice
has been created against the administration of justice. I say that
a taint of suspicion has been thrown on the verdict which you have
obtained. And I ask whether it is right and decent in you to avail
yourselves of a verdict on which such a taint has been thrown? The only
wise, the only honourable course open to you was to say, "A mistake has
been committed: that mistake has given us an unfair advantage; and of
that advantage we will not make use." Unhappily, the time when