BAIN V. KIRBY.

Daily Southern Cross, Volume XXXII, Issue 5709, 10 January 1876, Page 3

BAIN V. KIRBY.

To the Editor: Sn ,— Healing it stoutlj' asseited that the Ciown Pio-eciitoi in Kuby's case j)io\onted any Catholic from sitting on the jui j', and behowng that such statements are m ule in lynoiance, or emanate from paities who would ha\e us behe\e the jury was packed, some of your ieadei-> will l>e obliged if you can kindly stite the ical facts. — lam, &c , Ixquirli;. [TlieL'iown challenged tlnee juior-*, but we know nothing of their religious yersua sion. — Kn.]

! To the Editor :— .sn, —The lettei of " Lex" in jour is,uc of Nituiday, < «>ntams an erroneous deduction, to which I beg to call your attention "Lev" s.ijs: "Sup posing linn (lvnbj) never to have been entiappcd, tlicie is no c\ idence of assault with intent " I cannot see that such a deduction follows at all Supposing even that the jury disbehewd the denial ot 15am and his wife w ltli leteicnco to the entrapping, it doe-5 not tollinv that the lomaindei of then e\idenco was wholly unwoi thy of credence, liut all the main fact\ aie proved with suflie.ent clearness to jiibtilj r the biliet that Kiil)> - did \ i ->ib the hoiioe, and that while t'uic coiium'tcd tho " assault w ith intent." H btliu, ah), th it 13-iin suspected lvnbj ■> intended vi it, that he e mce.iled hunselt in oidu to watch hun, and that he peiinitted Kn bv's nnpioper overtures to pioeecd to a," iiniiiual degrio, when he might by coming out ot his hiding place at an caily stage, ha\i nipped the ofTenee in the bud. It was thif, pel haps, which weighed on the nimds of the jurj in ac;iceing to the second pait of the veidict. The denial of IJ.ini and his w lfe of the entrapping. 1 elate to circumstances anteiior to Knby'b comuirr to the house L t«\ko it thero w.is no aetu il o-i nppui_ r Knbj into eoiuiny to the hou^c to commit Lho ollcnce ; but theie -vvas cntiapping him in the act ot committing it, whuh i-> a \eiy dill'erent thing. Ttis that sort of cntiapping which is lubituilly p?.K tised bv deteitucN, and h lo^uded ,ij lo^'itnn ite l>y the 1 iu T'ie ullendur is not eiuiapped into coin niitting of uiiinc, but "tiapped 'mthe\iiy ai t ot committing it.— 1 <un, iVc . Common Si,.nsI.