News: Queen v. Michael O'Brien, 11-2-1890 Nenagh Guardian

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File contributed by:  Mary Heaphy

QUEEN V. MICHAEL O'BRIEN, 11-2-1890 

  11-2-1890 Nenagh Guardian.
  The Case of "The Queen V. Michael O'Brien" came on for 
hearing today in the Queen's bench Division, on a writ of 
error. Michael O'Brien was tried at the last Nenagh Assizes 
and convicted of poisoning his father-in-law and was 
sentenced to be hanged at Limerick on the 14th of last 
Month, but the execution was respited for the purpose of 
enabling the question raised by his counsel, to be argued 
before the Court. Dr. Falkiner, his counsel contended that 
the prisoner ought to have been tried by a common jury of 
the County in which the indictment was found, and not by a 
special jury at Nenagh, the crime having been committed in 
Limerick. He also contended that the prisoner had been 
deprived of his right to object to a change of venue by the 
removal of the trial from Waterford, where the venne had 
been placed on the certificate of the Attorney-General under 
the provisions of the Winter Assizes Act. The Solicitor 
General, Serjeant Hemphill, Mr. Carson, Q.C. and Mr. 
E.G.Swift appeared in support of the conviction. The 
prisoner was in the custody of the Governer of the Limerick 
Prison , two warders, and some members of the RIC force. The 
arguments which were of a purely technical character in 
regard to the construction of the Judicature Act, The Winter 
Assizes Act, and the Crimes Act, occupied the day, and have 
not concluded.