182 MINUTES OF EVIDENCE TAKEN BEFORE TltE Mr.
Attorney-General for Ireland, M.
p.
29 April 1852.
larly employed as his counsel, with Mr.
Tombe and Mr.
Whiteside, in the ordinary and usual way, and was regularly feed and paid.
On that trial he was acquitted ; and I have no hesitation in saying, that upon the evidence I think the verdict was right; and we all thought upon the evidence as it stood, the verdict was right.
There was a witness of the name of Farlow examined; he had all the appearance of being a very respectable man, and it was impossible, whatever doubts were entertained, to reconcile Gray's guilt with Farlow's testimony; at least, we all felt at the time that it was so; and that was the opinion, I believe, of the Judge who tried the case.
Of course there was all manner of doubt, but we all thought the jury could not have come to any other conclusion upon the evidence.
After the trial the Crown discovered something with regard to Farlow's character, which made them doubt whether he was the credible witness we had ail given him credit for; then there was a second trial, not for the murder, because having been acquitted of that, he could not be again tried ; but there was a shot fired at another of the party, which missed, and he was indicted for shooting with intent to murder.
I was also regularly feed on that trial with Mr.
Whiteside and Mr.
Tombe; the present Judge Jackson attended on that trial to prosecute; one of the jury was taken ill during the trial, and the jury had to be discharged.
On the third trial coming on,' Gray made an application to the court; and it was stated the expense of these proceedings had ruined him, and he begged that counsel and attorney might be assigned by the court to defend him.
That is usual, when a party is unable to pay ; and the ordinary and usual course has been, for the Crown to pay the reasonable expenses of the defence.
The Judge, (and I think it was Judge Crampton who tried him on that occasion) assigned myself and Mr.
Whiteside as his counsel; and a counsel has no right to refuse, when he is assigned by the Judge.
If a barrister is assigned to defend a prisoner, he is bound, by his position, to do it.
Accordingly, on that occasion, we appeared to defend Gray; and on that occasion the jury disagreed.
Then the Crown removed the case from the criminal side of the court and took it to the nisi prius side; it came down a fourth time for trial; and on that occasion we were again assigned by Air.
Justice Perrin to defend Gray.
I raised the question, which had been a very moot question in Ireland, of the right of peremptory challenge by a prisoner in a case of felony not capital; for he was not tried on that occasion for a capital lelony, but a transportable felony, That question was raised,
and
