THE CONDUCT OF THE JURY.

New Zealand Tablet, Volume X, Issue 498, 27 October 1882, Page 21

THE CONDUCT OF THE JURY.

Thk following letter appeared in the Freeman :— "Imperial Hotel, Duhlin, Saturday, August 12. " Dear Sib — I think the public ought to be made aware of the following facts. Ihe jury in the urardtr case of the Queen v Hynes were last nijjbt ' locked up,' as it is terired, for the night at the Imperial Hotel, where I also was staying. I was awakened from sleep 6hortly after midnight by the sounds of a drunken chorus, succeeded after a tim 1 ? by scumMng, rushing, coarse laughter, and horse-play along the corridor on which my bedroom opens. A number of men, it seemed to me, were falling about the passage in a maudlin state of drunkenness, playing ribald jokes. I listened with patience for a considerable time, when the door of my bedroom was burst open, and a roan .whom I can identify (for he carried a caodle unsteadily in his hand) Staggered in, plainly raider the influence of drink, hiccapping ! ' Hallo, old fellow, all alone 7' My answer was of a character that i induced him to bolt out of the room in as disordered a manner as he ' had entered. Having rung the bell, I ascertained that these dis- ! orderly persons were jurors in the case of the Queen r. Hynes. and that the servants of the hotel had been endeavouring in vain to bring them to a sense of their misconduct. I thought it right to convey to them a warning that the public would hear of their proceedings. The disturbance then ceased. It is fair to add that no more than three or four men appeared to be engaged in the roaring and in the tipsy horse-play that followed. I leave the public to judge the loathsomeness of such a scene upon the night when these men held the issues of life and death for a young man in the flower of youth — when they had already heard evidence which, if unrebutted, they must have known would send him to a felon's grave. The facts I am ready to support upon oath. "William O'Brien." The following are the affidavits read by Mr. Sexton, in Parliament :—: — "I, Alfred Martin, 21 years of age and upwards, billiardmarker at the Impeiial Hotel, Sackville-street, Dublin, make oath and say that on Friday night, the 11th instant, I saw six men whom I knew to be members of the jury in the case of the Queen v. Hynes in the public-billiard room. I do not know where the rest of the jury were at the time, but they were not in the billiard room. There were four persons in the billiard-room at the time who were not members of the jury. They were Mr. Busbe, Major Wynne, Dr. Cusack, and another stranger, a friend of Mr. Reis. I saw the jurors mixing with other persons, who were not members of the jury. Mr. Reis handicapped a game of billiards in which persons not jurors were playing. Mr. Beis was intoxicated. I came to that conclusion from his conduct. He was keeping ringing the bell, and when the waiter came he said he did not want him, and that he never rung. He was making a noise and jumping about. Mr. Campbell the subsheriff's soli, seeing him smoking cigars, told him he was rather extravagant in cigars. He said that he would smoke as much as he was in the habit of smoking at home. I saw jurors call for several drinks, and Major Wynne joined them in the diink. Mr. Reis remained an hour and a half in the billiard-room. The jurors went up stairs at about a quarter to twelve. lam perfectly convinced that Mr. Reis was under the influence of drink. "Alfred R.Martin. " Sworn before me this 17th day of August, 1882, at the Imperial Hotel, Lower Sackville-street, in the county of the city of Dublin, a Commissioner for taking Affidavits in the Supreme Court of Judicature in Ireland, and I know the deponent. "John StoME, Commissioner." " I, Elizabeth Josephine Carberry, 21 ye rs of age and upwards, make oath and eay — I lodge at the Imperial Hotel. My bedroom is No. 24, which opens on the upper corridor. No. 17, which, I am informed, is Mr. O Britn's room, is on tbe same corridor. I have read Mr. O'Brien's letter iv the freeman's Journal of Monday last containing an account of tbeoccuir-nces on the corridor outside my room on Friday night last. I consider the letter gives a very moderate account of the noise and misconduct going on in the corridor on that ni gbt. Several p<r«ons were taking part in the disturbance. They came to my door several times and turned my handle. They kicked at the door again and a^ain. I thought they would smash the fanlight over the door by knocking it in with their knuckles. Only that my door was locked 1 believe they would have forced it. From their boisterous condu *t I belieTe they must have been under the influence of drink. When I read Air. O'Brien's letter I thought he described their c> tnduct very mildly. The disturbance continued from about 12 to 12 30 o'clock. " E. J. Carbkbry. " Sworn before me this 17th day of August, 1882, at tbe Imperial Hotel, Lower Sackville-street, in the county of the city of Dublin, a Commissioner for taking Affidavits in the . Supreme Court of 3udicature in Ireland, and I know the ■*• deponent. " John Stone, Commissioner." "I, William O'Brien, 21 years and upwards, make oath and say— l am the wriler of the letter which appeared in the Freeman of the 14th August, as to the distuibance on tbe upper corridor of the Impt rial Hotel on Friday night, when the jury in the Hynes case were staying at the hotel, and believe that tbe upper corridor was cleared tl.at night for the accommodation of tbe jim>r9, and the only persons who were not jurors who were left to occupy rooms on that corridor that night w re. Misj Carberry and myself, who are pei matient lodgers in the hot 1. I swvar that my letter give-, a true lepieseutition of what occuned shortly after midnight on the corridor. The disturbance la^tt d for a considerable me before my door was burst open. The man who ent red my r. om was under the influence of drink. He w« a lows;z d, drk compl<-xi»ned. black-haired man. and wore glasses. After he left the room I rang and complained to the night porter of the intolerable misconduct that was going on. The noise shortly after ceased on the corridor, and on looking at my

watch I found it was twenty-five minutes to one o'clock. I had no opportunity of seeing anybody except the man who entered my room, and whom I can identify, but at least three persons must haye been engaged in tbe shouting, rushing, and scuffling upon the corridor. "William OBrien. " Sworn before me this 17th day of Augußt, 1882, at St. Andrewstreet, in the county of the City of Dublin, and I know deponent.— William J. Ryan, a Commissioner to Administer Oaths in the Supreme Court of Judicature in Irelaud." '• I, Richard O'Connor, assistant porter in the Imperial Hotel, Sackville-street, Dublin, make oath and say that shortly before twelve o'clock at night on Friday, the 11th instant, I saw Mr. Reis, and the other jurors in the case of the Queen v Hynes, coming up stairs from the billiard-room. In passing roe Mr. Rei9 T*ised his hand as if to strike me, and as a rough sort of joke. He. just looked in at the door of the coffee-room, and went up stairs. He was under the influence of drink. I know Mr. Reis for three years past. When going up to his bedroom I heard Reis ask where did the women sleep. The night porter said it was three storey higher up. Reis said ' Let us go np to them.' Richard O'Connor. "Sworn before me this 17th day of August, 1882, at the Imperial Hotel, Lower Sackville-street, in the county of the city of Dublin, a Commissioner for taking Affidavits in the Supreme Court of Judicature in Ireland, and I know the deponent. "John Stone, Commissioner." The following affidavits, supplementing those read in tbe House of Commons by Mr. Sexton, M.P., were read by Mr. Mayne, T. C, at the meeting of the Dublin Corporation on Monday :—: — " I, William Fenley, 21 years of age and upwards, make oath and say I am waiter at the Imperial Hotel, Dublin. On Friday, llth inst., the jurors in tne case of the Queen v, Hynes left the sitting-room about 20 minutes past twelve o'clock, and went up stairs. In the meantime I heard them going up and down roaring and bawling, and some of them were in their stocking feet. They came back to the sitting-room between half-padt twelve and one, and called for s me drink and a pack of cards. The bar was then closed. I saw Margaret Walsh going up stairs at the time when the jurors were on the corridor above. I told them that tbe bar wis then closed, and that they could get no cards. A little dark man with spectacles, answering to the description of Mr. Rei«, asked me for roast chicken and ham, and roast pork. They remained there until a quarter to one. " William Fenley. Sworn before me this 17th day of August, 1882, at the Imperial Hotel, Lower Sackville-street, in the county of the city of Dublin, a Commissioner for taking Affidavits in the Supreme Court of Judicature in Ireland, and I know the deponent. " John Stone, Commissioner." " T, Eliz ibeth Ennis, housekeeper in the Imperial Hotel, Sackvillestreet. Dublin, make oath and say that on the night of Friday, the llth instant, after twelve o'clock, I went upstairs to put a mattress on the corridor for one of the po'ice who were in charge of the jury. I saw a g ntleman running up and down the landing in his stocking feet and kicking the boots from before the doors on tbe corridor. I asked him did he know his number, and he said, • Deuce a bit of it.' Then I gave him in charge to a waiter, who took him away and I saw no more of him. He appeared quite unsteady from drink and inclined for amusement. After that I heard Mr. O'Brien's bell ring. I know the gentleman was one of the jury, and I identify him as Mr. Reis. | "Elizabeth Ennis." " Sworn before me this 17th day of August, 1882, at the Imperial j Hotel, Lower Sackville-street, in the county of the city or Dublin, a Commissioner for taking Affidavits in the Supreme Court of Judicature in Ireland, and I know the deponent. " John Stone, Commissioner." "I. Robert Boylan, coffee-room waiter at the Imperial Hotel, Sackville-street, Dublin, 21 years of age and upwards, make oath and say that T ga^e the jury the principal part of their diuner on tbe night of Friday, llth inst. I supplied whiskey, gave sherry and claret to two of the jurors. They all had drinks, but Mr. Reis ordered a bottle of champagne, and told me to bring two glasses for Mr. Farrett, the foremau, and himself, and I supplied them with a large bottle of champagne, which they drank between them. That was at eight o clock in the evening ii the jury-room where they were dining. Mr Reis asked me in a jeering way could they have a ladder to get down from the window. Shortly afterwards Mr. Reis left the jury room to go down to the billiard room,. Several other jurors left to go to the lavatory, and several remained in the jury room. They were then divided into three different parties in different parts of the house. I went away for the night about nine o'clock, and know, no more about it. j "Robebt Boylan. '' Sworn before me this 17th day ©f August, 18i<2, at the Imperial Hotel, Lower Sackville-street, in the county of the city of Dublin, a Commissioner for taking Affidavits in the Supreme Court of Judicature in Ireland, and I know the deponent. " John Stone, Commissioner." " T. Francis Brady, hall porter of the Impeiial Hotel. t>aokvillestreet, Dublin, 21 years of av;e and upwards, make oith and say that on Friday, the llth instant, I saw. 1 should siy, sis ot the jury iv the case of theQif^n i: Hynes in the billiard-room that night from a 1 out half-pa tei^ht until a quaiterto twelve. People, passed in and out o" the bilhaid ri>om as usual that nijrht. I 6aw Major Wynne and Mr. Reis in clos* conversation, but did not see them drinking to* g.tlier. Major Wynne was not one of the jury. 1 had an altercation with Mr. Reis — he came out of the billiard-room and sit upon a form in the hall and lit his cigar. I told him that it was agauut tbe rules of the house to smoke in the hall, that there was a smoking

room and a billiard-room. He told me to shot my eyes and to go away. I said he might as well ask the policeman opposite him to •hut hit eyes. The p' -liceman Mt upon a form in the hall while the jurors were ia the billiardroom. The bell was rung repeatedly, and when any gentleman ordered a glass of brandy and a bottle of soda, Mr. Reis would say, « Oh, bring in a bottle of brandy and a glass of coda. 1 The bell was rung repeatedly, and evidently for the purpose of giving annoyance to me. I remaiked to the constable who was •tanding in the ball, ' Is it not a very unusual thing for a jury to bs mixing with other people ? I never siw jurors in a public billiardroom before.' The policeman said he had a superior officer above him upstairs, and that he did not mind. Mr. Reiß was elevated from ■ liquor ; he was aot staggering, but certainly was under the influence of drink, which made him merry and noisy. ->.*- "Fhancis Bhady. Bworh before me this 17th of August, 1882, at the Imperial Hotel, Lower SackvUle-street, in the county of the city of Dublin, a Commissioner for taking Affidav ts in the Supreme Court of Judicature in Ireland, and I know the deponent, " John Stone, Commissioner." "I, Patrick Tobin, 21 years of age and upwards, coffee-room waiter at the Imperial Hotel, Sack vi He-street, Dublin, make oath ani •ay that during the evening of Friday, 11th inst., the jury in Hynes'd case were staying at the hotel. I remembered having brought a couple of drinks to the billiard-Toom, as ordered. One was for Mr. Campbell, son of the sub-sheriff, who was in the billiardroom, apparently in charge of the jury. I also brought drink for Mr. Reis, one of the jurors. Four or five of the jury were in the room at the time. Some ten or twelve persons were there, including a number of strangers. Tne billiard-room is on the ground floor of the hotel. The corridor to which the jury were directed is situated uqon the thud storey. When I brought down the drink Mr. Reis was very noisy and impudent. I thiDk it was about eleven o'clock. The drink which I brought the jury consisted of some glasses and half a glass of whiskey, and Borne glasses of gin and seltzer ; it included a bottle of ginger beer and a glass of gin ordered for Major Wynne, a stranger not stopping in the hotel. I went up stairs and my attention was again attracted by the jury at between a quarter and half-past twelve o'clock at night. I went upstairs in consequence of a disturbance created upon the landing to which the jurors had gone to go to bed. The sound of a man's voice could be heard through the house. I tried to prevail on tbe jurymen to return to the jury-room, or go to bed. I did not succeed. I came downstairs then, but went upstairs again to the lower end of the corridor, on which Mr. O'Brien's and the jurors had rooms. Mr. Reis was standing there, with another juror whom I can identify, but whose name Ido not know. Mr. Keis ran down as far as where I was standing, and let some shouts, and i^ked where was his bedroom. That corridor had beeu cleared for the night for the accommodation of the jurors, and the only persoas outside the jury who slept there that night were two lodgers, Misa Carberry and Mr. O'Brien. Reis was drunk at the time. He shou' el, and kicked the boots from the door along the passage. He rushed aloag the passage three or four timeß. I tried to entice him to stay in a bedroom into which I bad b ought him ; but he jumpe<l out again. Finding that tbe man was drunk I could do nothing else to induce him to retire. I have heard that the foreman of the jury stated that the last of the jurors had retired to bed before twelve o'clock. That statement is not correct. The bar as a rule is closed at twelve o'clock ; but on the night of the 11th instant the bar was kept open an additional quarter of au hour — viz., till a quarter- past* twelve o'clock ; and it was subsequent to the closing of the bar that night that I saw the man knocking about the boots on the landing. " Patrick Tobin. " Sworn before me, this 17th day of August^ 1882, at the Imperial Hotel, Lower SacVville-Btreet, in the couuty of the city of Dublin, a Commissioner f>r taking Affidavits in the Snpreme Court of Judicature in Ireland, and I know the deponent. a- - , . "JOHN Stone, Commissioner." The following letters hare passed between Mr. Sexton. M P., and the Lord Lieutenaat in reference to the affidavits read by the member for 61igo in the House of Commons. The Under Secretary says :— " Dublin Castle, 19th August, 1882. Sir— l am directed by tbe Lord Lieutenant ta request that you will be good enough to transmit the affidavits or statutory declarations respecting the conduct of tbe jury in tbe case of the Qaeeu v, Hynes, which were referred to in tUe debate in the House of Commons on the 17th instant, in order that they may be submitted to his Excellency for his consideration.— l am, air, your obedient servant, " R. G. C. Hamilton." Thomas Sexton, Esq., M.P. The following ia Mr, fcexton's reply : — \ ' «.. T . " Dublin, 21st August, 1882. hit— l beg to acknowledge the receipt of your letter of the 19th instant, conveying the desire of his Excellency the Lord Lieutenant that tbe affidavits respecting the conduct of certain jurors in the case cf the Queen v. Hynes, which were referred to in the debate in the House of Commons on the 17th instant should be submitted to bis * xcelleucy for his consideration. I now enclose herewith for submission to his Excellency the affidavits of Miss Elizabeth Josephine Carberry, Mr. William O'BrienMiss Margaret Waisb, as-uataut at the bar of the loiper.al Hotel , Alfred Martin, billiard-marker; and Richaid O'^otmor, assiataut port«r— all of which were read in the House of Commons on the 17th instant, and I likewise enclose, for the further information of ihe Lord 1 leutenaut, six other affidavits on the same subject, a&o made by employees in the same hotel— namely, Mrs. Elizabeth Ennis housekeeper ; Robert Boy lan and Patrick Tobin, coffee-room waiters '; Wm. Fenlcy, waiter y Francis B-ady, hall porter ; and Robert Knnis, night porter-all of which latter affidavit* hare been place 4in my hands since the date of tbe debate in the House of Commons.

800. Hamilte-, E n , D^r-WU^" o***0 *** SEXI °^" | to the Lord Lieutenant, Dublin Castle, lows :_ Ll eutenant replying to the above letter writes as folr;- t ij. , Dublin Castle, 2lst August, 1882. «,• t 7r re . ply t0 your Ujttor o£ this da y'» date, lam dtiwted b T £.t fh¥ nantt<lill I Orm y° Q thafc Q is Excellency haTno £ Sedto mga ° 7PUbIiC inquiry iuto the m<itte « there^ fnrJS? «S XX K eUenCy ?u as not yet beea able t0 P« r i9e the affidavit* forwarded by you with respect to the conduct of the jury in the caw of the Queen v Hynes, bat he will at on Ci examine into the state! mente contained m them, with a view of satisfying himMlf w-ImSw tne law in that case.—l ana, sir, your obedient servant, Thomas Sexton, Esq., M. P., * Q " HAMn '^ Nth. Frederick*Btrect.