The Earl of Wicklowasked, if there was any objection to lay before the House the affidavits of Mr. Green, the resident Magistrate of Kilkenny, respecting the proceedings instituted in that county by the Attorney-General, upon which he founded his application for stopping the Kilkenny trials.
§ Viscount Melbournesaid, the noble Earl ought to give notice of his Motion; and if Government thought it discreet to do so, the papers would be granted.
§ Earl Greysaid, that such motions were 126 extremely inconvenient. Mr. Green had made an affidavit with a view to have those trials postponed, and the Court had thought it right to accede to his request. The application, in fact, appeared to the Judge to be such as justified the postponement of the trials, and a discussion upon the subject, before they were finally disposed of, would be very inconvenient.
The Lord Chancellorsaid, that, in the whole course of his parliamentary experience, he had never known a more extraordinary motion than that of the noble Earl, to have a paper that, under the circumstances, could not be granted, The Irish Attorney General, after one verdict of acquittal, had thought it right to apply for the postponement of the other trials, and now the noble Earl called for the information upon which the Attorney-General had exercised his discretion. He hardly knew where such a motion would lead them to. Every secret, however delicate, and every confidence, however sacred, would be liable to be violated, if Government was obliged to assent to such a motion. The affidavits filed by the Attorney-General had satisfied the Court, and they ought to satisfy their Lordships also.
The Earl of Wicklowsaid, he had only asked the question as to whether there was any objection to the Motion. As there was an objection, he should not move for the paper.