Page:Biographia Hibernica volume 2.djvu/484

480 Clonmell's grounds, was productive of a new fiat, issued on the affidavit of the chief justice himself, before a puisne judge of his own court, Sir Samuel Bradstreet, and Mr. Magee, unable or unwilling to find farther bail, was lodged in Newgate to abide the issue of his trial. An action at the suit of Mr. Daly the manager, came on first for trial. Mr. Ponsonby, with a most able veteran lawyer, and member of parliament, Mr. Arthur O'Neile, was counsel for Magee. But, notwithstanding the host of precedents and eminent law authorities adduced by both gentle men, decisively in favour of their client, the chief justice, by his simple ipse dirit, overruled every thing. The advocates of Magee then declined offering further authorities, and a verdict was obtained for the plaintiff. Several other actions were still pending; Magee was driven t o distraction, and almost to ruin. But Mr. Ponsonby, convinced that Lord Clonmell had acted partially, oppressively, and in gross abuse of his judicial authority, brought forward the subject in parliament, and moved for impeaching his lordship at the bar of the House of Lords. On the night of Mr. Ponsonby's motion, he introduced it by observing, that he should not support it merely by arguments of his own, but from the very words of the ablest law authorities and constitutional writers that had ever existed; and he brought with him for the purpose, a formidable collection o f books, selected from his library, with apposite and pointed quotations, which h e introduced into his speech; and concluded a n unanswerable mass o f argument, by moving for the impeachment.

Mr. Curran, who had been counsel for the plaintiff on the trial, supported the motion of Mr. Ponsonby. He said, that as he had been accidentally retained as counsel against Mr. Magee on the trial, he was bound to use his best exertions for the cause of his client;-and had the fortune to succeed with the court and jury in obtaining a verdict. But he begged, that the House would consider him now, not as acting the part of an advocate in a court of law, where he had spoken with his brief in one hand,