THREE:An attempt was made during the Session to mitigate the evils of the Game Laws, and a Bill for legalising the sale of game passed the Commons with extraordinary unanimity. In the House of Lords the Bill met with determined opposition. In vain Lord Wharncliffe demonstrated the demoralising and disorganising effects of the Game Laws. Lord Westmoreland was shocked at a measure which he declared would depopulate the country of gentlemen. He could not endure such a gross violation of the liberty of the aristocratic portion of the king's subjects; and he thought the guardians of the Constitution in the House[306] of Commons must have been asleep when they allowed such a measure to pass. Lord Eldon, too, who was passionately fond of shooting, had his Conservative instincts aroused almost as much by the proposal to abolish the monopoly of killing hares and pheasants, as by the measure for admitting Roman Catholics into Parliament. The Bill was read a second time, by a majority of ten; but more strenuous exertions were called forth by the division, and the third reading of this Bill to mitigate an iniquitous system was rejected by a majority of two. Lord Eldon's familiarity with the principles of equity did not enable him to see the wrong of inflicting damage to the amount of 500,000 a year on the tenant farmers of the country, by the depredations of wild animals, which they were not permitted to kill, and for the destruction caused by which they received no compensation.
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THREE:The State prosecutions commenced in January, 1844, in the Court of Queen's Bench, before the Lord Chief Justice Penefather, and Justices Burton, Crampton, and Perrin. Besides the Attorney and Solicitor-General, there were ten counsel employed for the Crown, and there was an equal number on the side of the traversers, including Mr. Sheil, Mr. Hatchel, Mr. Moore, Mr. Whiteside, Mr. Monaghan, afterwards Chief Justice, Mr. O'Hagan, and Mr. Macdonogh. This monster trial was remarkable in many respects. It excited great public interest, which pervaded all classes, from the highest to the lowest. It lasted from the 16th of January to the 12th of February; the speech of the Attorney-General occupied two days; the jury list was found to be defective, a number of names having been secretly abstracted; newspaper articles were admitted as evidence against men who never saw them; the Lord Chief Justice betrayed his partiality in charging the jury, by speaking of the traversers as "the other side." The principal witnesses were shorthand writers from London, avowedly employed by the Government to report the proceedings of the monster meetings. Mr. Jackson, reporter for the Morning Herald, also placed his notes at the service of the Government. Mr. O'Connell defended himself in a long argument for Repeal, and an attack on the Government. The most brilliant orations delivered on the occasion were those of Sheil and Whiteside. Mr. Fitzgibbon, one of the counsel for the traversers, made a remark offensive to the Attorney-General, Mr. T. C. B. Smith, who immediately handed him a challenge, in the presence of his wife, while the judges had retired for refreshment. The matter was brought before the court, and, after mutual explanations, was allowed to drop.
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