§ Mr. R. Martin, in pursuance of notice, rose to move for a copy of the bill of indictment found against Edward Burk, and the proceedings had thereon. After some preliminary observations, the hon. gentleman proceeded to state, that in 1815 a bill of indictment, at his instance, had been found against Edward Burk, for wilful and corrupt perjury; that in consequence of the bill having been found against Mr. Burk, he would have been put on his trial, but for an affidavit, in which he stated the absence of a material witness, of the name of Brown. Another affidavit had been put in by him (Mr. Martin) contradicting the statement in the affidavit of Mr. Burk, but the Court had thought fit to postpone the trial of Mr. Burk to a subsequent term. However, it was not his wish now to object to this first postponement. But at the following term, he, in his turn, had moved for the postponement of the trial to a future terra, on account of the absence of a material witness, Mr. Colliss, an eminent barrister, who was then ill of a bilious fever. His application appeared to him a reasonable one. In his affidavit he had Stated, that he heard Mr. Colliss was in such a slate of indisposition that he could not with safety to his life attend on his trial. He also stated that Mr. Colliss had been served with a subpoena to appear and give evidence at this trial. Mr. Baron M'Lelland, the judge who presided on the trial, objected, however, to that affidavit, for a curious reason, because the person who made the affidavit had not sworn positively that he had seen Mr. Colliss, or could state from his own knowledge, that he could not positively attend. In order to remove this objection of Baron M'Lelland, he had produced the affidavit of a physician, who swore that Mr. Colliss could not, with safety to his life, give testimony at that trial. However, though the trial was postponed when all the witnesses for this crown were in attendance, the Court would not consent to postpone it in November, on account of the absence of a material Witness for the prosecution. The application, too, was not made to postpone the trial to the next commission, but merely from day to day. He had merely wished to have it removed from 438 the top of the list of causes to the bottom, in order to see whether the witness might not be able to attend during the commission. He could only say further, that every man in Ireland, capable of pronouncing an opinion on the subject, with whom he had ever spoken, agreed in stating that a more outrageous determination than the one in question never had been come to. The hon. gentleman concluded with moving, "That the clerk of the crown for the city of Dublin do lay before this House, a copy of the bill of indictment found against Edward Burk for perjury, together with the proceedings thereon."
Lord Castlereaghsaid, that the House knew how important a subject was a charge against any of the learned judges of the land, and that it ought not, in fairness, to be gone into, until every information on both sides were before them. He should, therefore, put it to the hon. member, whether it would not be better to postpone his motion until his right hon. friend (Mr. C. Grant), the representative of the Irish government, was present. He would be in his place in a few days, and it was natural to believe that he possessed more information upon the subject than any of his majesty's ministers in the House. He was satisfied that the hon. member did not intend to produce any unfavourable impression against the learned judge, until the whole of the subject could be gone into; and he trusted, therefore, he would consent to the delay. For his own part, ignorant as he was of the transaction alluded to, he felt it a duty to state, from a personal knowledge of the learned judge, that there was no one of the learned judges of either kingdom, to whom the strictly honourable character which happily belonged to them all might be more peculiarly applied than to him. The noble lord concluded by expressing a hope, that the hon. member would, for the present, consent to withdraw his motion.
Mr. Wynnthought it would be entertaining the charge against the learned judge, to consent to the motion at present. He therefore suggested that it should he withdrawn, and when brought forward, that it should be simply for the documents alluded to; without going into the merits of the case, until it should be seen from those documents, whether it was one which the House ought to go into.
§ The motion was then withdrawn for a fortnight.