The Express. — London, England, 1848-10-09 00:00:00

thee Met istorwleatly , min to elstaie I peeler pm , sum pot beak kis het ea the ntaso el she twee, bat as seesaw was this lees, shwa the embed ousamaseml blades west aisles*, phobia the meteroaesse wee of late the moil, wad, bean his Moog wad matt say owitsees, the "wale lewd ever his heat eat washed It Busied old paly 'bombed he the iteensed, bat It was at Ito Death was ebeest isoOseasseees. Verdict, " lest distal death." CHOLERA AND !SCARLET FEVER. farmer letter proofs wore given of the lifs, health, rad mosey entailed en the pope =of this metropolis by au epelusie slope—to wit, sypitus fever—red the isisseefaim system of dealing with gash dialreate ; and a umparleme was mods betwe.e Asiatic u seless, au eseedenal, and arcade' Waste unknowa, seers', sad ear female and despised essay typhus fever : 41,715 L was the direst miry Ica throug h h sholers in 1832, 283,628 1 . is the direst aerial messy through typhus hem I would now plate bine the puhlis essions why " men eerie of precantit , n " sheen immediately be p u t fe Con u meeing to the provisioss of the " Nuisances Removal and suiesilDisoure Prevention Am," grounded ea the prevalence sad alone it y of another of our Mani it. and despimd spi es/friss. I mean owlet fever. Is the 38 weeks of this year which have e 15p00d,2,1137 persona, of whom 2,783 werebelow Is yews of age, have perished of scarMtina in this metro. pan. Had the deaths bees reseeding to the average of the Ivo preadiog years 1,110 pause only would have died, befog an increase of UB-6 per cent. But this " fermi able" and very fatal disease has been gradually betemiss mere sad more prIMII4MS, till we are threatened, before the rem shall have expired, with a mortality doable that of typhus ileum, and nearly equal to that of the &ohm in 1832. Diming the last 12 seeks 1,406 persons died, will* only 444 sheoli have died, according to the averages, being an increase in the mortality of 316 per cent. Daring the Ise - 4 woken/ persons died in planet 148, bring an ir.eresas of the mortality at the rate of 396 per nest. If we sairralate the mortality during the next 14 weeks at the rate of the last 4 weeks, which Pic SIMAM of the year, *estate of theweather, the per. sistent nature and ohmmeter, as well u the increasing sem sity and mortality of the epideadeAustify us in doing, we shall have a mortality from one gamic disease alone amounting to 4,861, being in the properties et 02.7 per out. to the total morality andsr from cholera in 1832. To pot the Costegiess Diseases Act into form, thee, finely to modify the mortality from cholera, and to c 'mend that it is manse/semi to take measure of promotion against a mortal epidemic. because it is a famine, and constant dr stroyer —or that it is wise to postpone such measures tilt some other form of fatal and ravaging disease shall have cores among us—or prudent to dince no attention to the domestic enemy, but spend all . our exertions on the approaching foe— argues alike a great ignorance of the amount of remediable ills which we endure, and a preposterous misconception of the destructive powers of tho enemy we shall hare to contend simian. Our own epidemic' last year destroyed 13,387 of the population of London cholera may supplant some of thus dames, but will not ao greatly increase the atonality.. Whatever unitary meantime are required to place us in a better en idition for resisting cholera, are, fortiori, required to resist our familiar epidemics. A defi nite duration of time mutt tiara before a population sees par, as regards health, from e state of unpreparedame reels: disease, to a state of incensed rigour or preparedams, supple, every cease iojurious to the health of the popula tion could be immediately removed. The population would I not at once become healthy, but the return to health would be progremin, and a work of time. To set about wadi% then, to improve the health of the people only when cholera shall have appeared, in order to diminish its mortality, is to attempt to effect an immediate result in mmmition to the laws of life, which teach us that such improvement is not immediate, but economies and remote. Whatever moment of precaution are to be applied should be applied forthwith: th. will bring forth fruit abundantly.—llECTOS LiAIIIN, IRELAND. DUBLIN, Ocr. 7. The document alluded to by Sir W. Napier in his evidence on O'Brien's trial, given below, and which the court refused to allow to be read, ham seen the light to-day in the pages of the Freeman's Journal, ands certainly a most extraordinary letter to have been written by the private secretary of a prime minister. It rens thus : H. 0., June 23, '32.—My dear Napier,—Sir H. Banbury told me of your wise determination cut to become " a par. lament man," at least for the poseet. The offer was very issepting, and yra have the aunt merit in declining. I re (raised from writing to you while the matter was undecided, for I did not wish to obtrude my opinion, but I felt that ma sea was against your aceeptance, as your health, your purse, and your comfort would all have suffered by your dance la the Howe of Commas. The history must have been laid aside. You Gould eat, moreover, have been a elm and silent amber, bat would have been exerting yourself to push onward the movement faster than it probably will march, or than, mem, all there emeldered, it is derirabls it should march. Let es go beak a moment. The display of energy and a ratlines to set as the pert atlas people when greater fez than I exposed. I misk not el the cockney., but of the men in the morth--Olessem. Newtown., Bin. Are you aware that, in the event of a fight, you Were Be be invited to like the commed at Biraleghala ? Pekoe get a teak team me kers with that view, but had me essamem to send it. Had he written, I should have And a despatch at yen with my friendly and anxious G ` sad Wabway keep you quiet and not In ash frogs Fford. It is not well to enter mall Into rendatioam—the first fall victims. What do you weald bans happened? The reformers (Para &e.), liked big to sae, sad tdt smeared of asses.. The tea apes the beaks and the harricedlag if the metro matey tom maid ham Magi* amen to a eelie, ead a week they— *" rdennees—thommet would lave tabled the Minas. They meat as to ytpts has that as sidles mid have hoes spend km Lem end tee NU teellien siserlisre to leve t d e w s the rebels. la I believe, the seem have daun t: bury mild havee mad bee. The steamk, sad it ts seem the movemeat. tmeim, however, my the esimed Deka milli have easeseded. No desk the dissiglise miler wheat Mem live might Dave yawed a steeper elemat tYra the public 'atheism, i. Wm the later was mimed er extensive, end then it weal* hammered all helm it. The task would have hem to belay bas kV he fumes quiet state. The& Osel we have been the ; hat, as a matter of spends tioa, tell me yea AIM meld have been the result ? spends- Ali eight la my m mjessere that yea woald have refused the Biesieghast Imes, ma kept year sword is its nabbed? Years ever truly, T. Y. Thiele dr year Ise Velem—Joao has ease burl Wm. The Fromm thus the circumetaneee under which this osusord letter has been laid Wm* the public. Belem we picas this remarkable dimmest before the rabic, It is dee se the paw, brave, sad geterom soldier to 'them it was alilliali is ONO hew its Memo blew known, sad the tier em osier which its meats have been divulged. The pleat Napier rearmed en In dignant reply to lb. Temp, states that he noshed hi sweat fro m lamb of Ms semedia, end that epee that mange les maid news miss* it. The whips, through die solemner of thdr ebbe, wile/ to the Myt h cede, semeembeg that the let child be retersedn email& wales milers alas " cemplessy" be demmed. °Mad N¢.'. re was worthy lime Esse ime honoured same. He pasempaseay relhael —Ming, at the same time, that he would arses ai motentker ebew It to be made paha* Mb the whlg= eimbebr _resent* a BMW' sultest ihr the GOYA of whilt thiy thrissive w ere pea ty. Bat g the dams.llW..llW..llW. ham Mee Memhim to m seder artMa SWIM* Mimes le reader We lease sad the eel= it disc. 54 mohair of history whomever the dare ama dope el life a Mai seldese. wa tose only imputedmeims was to Anew the OMB ef pansy elepttd by themselves in 1532. That briar .inept—desing as ear ing horn conscious emegiallsesse bees made apse the lite of Smith 011ie's, end the plant general bee kept kb word. An evening contemporary of yours is, I pereeivs, very anxious to asevelata the whereabouts of the Rev. Mr. Muithea whom 1110111 has been mentioned in the course of the trial d Mr. B. O'Brien. Let his anxiety end : Mr. Hughes is at present in Dublin, and will probably before this can see the light be on his way to his parish in the west of Ireland, and from some recently expressed opinions of hie is not likely to be implicated in any such " doings" as your contempo rary addrese of the Roman catholic clergy of Meath to the hierarchy of their church, which has just ap peared in the public journals, is suggestive of am aimed, or rather ti renewal of a former, agitation. This influential body is about to make public appeals to the authorities—new demands upon the govern ment for the relief of the people of this country. The bishops of the catholic church hold their ordinary an nual meetings in November, and the course which they may adopt in reference to the movement where unto they are invited will influence in a great degree the requirements and demands, which will not fail to be put forward for deliberation and decision by the legislature and the government in the period between this and the meeting of parliament. The programme offered to their lordships' cosi deration by the clergy of Meath, of course nadir the sanction of Dr. Cantwell, their ordinary, is as follows : That the potato crop may be considered this seam aimed lost. Tnat the graia crop, in their respective parishes, is far below an ge one, and is, besides, greatly damaged and warted by wet weather. That the wealthy laadloeds, with some honourable exception', as well as the embarrassed among them, are already pressing for rents, se If so figure of the peoples food had taken p lace. That the small holders of land In general are unable to pay rents nabs/ by parting with the scanty produce of this harvest, their only mew of sustelaing their miserable families. That this entire ciao, if lett unaided, will be super added to that mass of human misery hitherto nppeded by public relief. That the poor law,under the present prawn of unexamit.led sufferiog, isnot*, iusdequatetomeat the dant ties of Obi awful sad protracted minis, and that, if employ ment and wanes be not given, hundreds of thousands of the laboung cleats will perish, whilst the food, by their sweat sail labseeprodaset, h tented sat et the newt foe Wile ern Skis einninse lam highly greaten, the ansiantstslishaie win will task et year taninice Is. lesise 1 Ids net Mere to ellensie Sieress. It kir ws well the same sterstrens Wins Eris by sin to lan the Una et linistiett nsitinsint bat atifkslnndasieisteorasedto gin enprieliea to the aphis et alargy sag nifty that bed year lenlinwritk inaillie ately oaths essenssio neat of the tainhe, taken rains Wenn the shorviast and iamb rainy, the peer rind Ott lune nee Ise they were, foe a* fishier send hise amine ms tripiel ee s ur isidshipe rensisseines. It this ash. she was as has hiss is Asps& lone weak et asininity ass Wren rim limlddr, width hied late yaws besens se pallis e this otammitters Juddroe the fond ker that the leant et anon fee the she of the peer, will. by the biesilar d Gee and the counsel of the Holy Either, roan his ever. The last sad most important duty of the eiessittes is to implore your lordships et your neat meeting to masses aessinews and vigorous efrJrt to direct the tamales et geriesetin, hitherto so ill.advired, to the Randier epreseisa, une qualled distress, and squalid misery of year faithhal flasks sad that in your endeavour , to save the witatry treat Oa impending calamity, sow more threstisfai than soar, you with not content yours Ives with the promises of a viceroy, which he may not be able to fulfil, and which the Prwnier may distort or disallow, but that your loveably' would cos- Woe It your sewed duty to approach the throne and make known the wants and destitution of her Irish subj. cs te our good and gracious Queen, end firmly, but most resynettelly, to demand of her, se mks oldies their allegiance sun services, to save their lives. There is here, it will be admitted, sketched out a formidable labour which the minister will be called on to undertake and the treeing to sustain. The views here put forward are not, however, certain to be adopted by the Irish catholic bishops at their approach ing meeting. woe wastaw to ealm te what he said Mire that. Ike joy weaM Gad theet Memos Fareery and Mesh a change bad see* Over the Taffitelliathelpies el Yr. O'Brien—that at the time the Fresh resiatien bed perplexed the minds Omen, and drives them isle egemsaities et whit& perhaps they had not previously any sedan. They would also find that the ealy '. of time.. It had bees statedthat Mr. rirea was st Wiesen is the habit et %owls/ his sentiments; if that was Is Be Messily meant the showy of a nati mid sod ea Irish arsy. Mr. Whiteside naked if that mishit Mee teems ? The Grown did not say it wee, nor did they roseate the prisoner tar high Season open that as ea overt net ; but the jury were to say whe ther he was not earryieg oat hie avowed matiments, and the .beet of the majority of the spielers of Ireland is un d the insurrection. The teamed comsat then to- Owed to Kr. O'Brien's expression as to an ultimatum, in %fat to show that his object was to make Ireland a separate Maga% to resets her pirliament, and defray the expases =neat by • salad seemniesion of Englishmen and Mk Orr wee also to form a national guard awl that • awed! at LS, and be avowed these objects is Frame. The learned smasel then referred to a speech made by Mr. O'Brien at a soiree at the Music Hall, an the occasion of his return from France, whither be and some other gentle- sea had gone some time before, for the purpose, as he alleged, of seeking the aid of the French provisional Rovers- Meant in the accomplishment of his revolutionary pro jest. It was a matter of notoriety that M. Lamar tine, the Fren. h Minister of Foreign Meths, not wishing to get the newly established republic of France into uilfieulties wi:h foreign courts, bad given a repulsive answer to Mr. O'Brien and the other member. of the Irish deputation. Now ' in this sop x ' eh which he re ferred to, though Mr. O'Brien denied in words that he bad gone to Francs to invoke armed succour, yet he gave his hearers to el, demand that private offers of assistance had ' b - ^^ 4 . so him by the same parties who had given that %Slim russet. Mr. O'Brien: No. The Solicitx General would be very sorry to give a wreeg interpretation to the speech, mid would therefore simply read it to the jury, and leave them to decide upon the meaning of the language it contained. Mr. O'Brien said: "We sled not go to France : o solicit armed succour; cer tainly I at least was not tho bearer of such • mesesge." Now it was maniost that if Mr. O'Brien had asked for armed succour the French government wculd not have been justified in giving any definite answer to such a demand, and therefore he went on to say " From the moment I landed in Frans I found but one unanimous feeling of sympathy for the people of Ireland. But there was another feeling displayed at the same time—viz., that we have not exhibited as much courage as other nations bad who were suffering less Iron the effect.. of misgovernment than our selves." Now,what did Mr. O'Brien mean by this language, but that he was dissatisfied that a revolution had not taken place in this country similar to those which had just taken place in France, Berlin, and other places ? The learned counsel next alluded to the letter of Mr. Charles G. Duffy. This letter, no doubt, was without • date, but he (the S.ilicitor.Geaoral) would fix as its date the month of June last. It was than, he contended, that the insidious suggcs• Sons were penned by Mr. Duffy, with a view to effect his own objects—and he had no doubt but that they had operated on the proud mind of Mr. O'Brien—upon his ambition, and upon his situation as leader of the movement, and this induced him to take a step which now threatened to prove faeil to him. He (Mr. Mitchell) wished from the bottom of his heart that Mr. O'B ashen had not listened to the diabolical advice contained in this letter. Mr. O'Brien : Allow me to observe that Mr. Dully is not here, and that I consider it most unfair to make these site, Mons upna him in We sheet:et The Solicitor General : No one ems feel more acutely than Ido the peintul tbos:tien in which Mr O'Brien is I placed and I do not here hesitate to repeat my opinion that believe he was ur.ied forage I by means of the most insidious temptation to do that which be would not have otherwise dam Mr. O'Brien.—Mr. Charles G. Duffy is not yet tried, and I therefore think it most improper for the Solicitor• General to :a ika any observations hero which are calculated to pre judice his cause in the public mind. The Solicitor-General.— Very well, Mr. O'Brien, I will not offer any further observations of that kind. The learned gentleman then celled the jury's attention to such passages in the speech of Mr. OBrien to show that a violent change had taken place in his political opinions. Having dwelt on these portions of Mr. O'Brien's speeches, he went on to speak of Mr. O'Brien's position as a gentleman of eduration, of great ability, of high con. anions, of fortune, &e. Such a gentleman, be said, becam connected with clubs and aseociats • but it was not su p . posed that a gentleman of his s tation bad the slightest %mien of entering upon thst most extraordinary—that east melancholy—that preatly.thbe-regratted violation of the law which teethed in war against the pewit in tneir seentry. He Apposed that Mr. O'Brien was actuated by the frenzy which seized so many minds in this country (to eeeeaat tor the change to his political opinions and prinel pin) at the time of the late revolu:ion, whkh had consigned se may thousands of persona in the geeat metropolis of Perk and in nearly every other capital is Europe, to the =S misery sad wretchedness. He stated that they take into consideration the entire of Mr. O'Brien's wirys and doings in all transactions, and on that subject he agreed with bit able, and talented, and learned friend, Mr. Whiteside, and with the observations Wee of the learned sonasel. Mr. Fitagemald. On the 16th of July he maths • end if the jury competed that epee* with the letter 5 ""ilt:Duty they would be able to fix the date of it. Let them remember the letter written by Mr. Meagher, giving an amount of his determination to go to America to seek for aid. Mr. O'Brien left Dublin on the 6th of July to organise the sluts He proceeded to Limerick, Kerry. and finally to Oath, when he reviewed 2,000 men—armed nimbus of ire Subs. Mr. W side—No, no. Mr. Hatchell— Well, then, if not armed, he said they were as well disciplined as any in her Majeity's ..vise. He returned to Dublin on the 15th, on whisk day there was a meeting of the clubs in D'Olimareet, es aspen% to by Dobbyn ; and much had been mid% his evident. Now the jury ought to bear in mind that he was eznaised ea Seturday, and they had therefore BaadaY. Keedel, and, im tact, every day dme not only to %streak its evidence, • to show that no' such dab es the Rol Hand Club was is widows. It wee la their to show that the whale af that 'views was a have paseenied Idea fel perjaay, but no pesos frees sad the ty of Dahlia weld be hand to de es His learned Meek Mr. Whiteside, had &glissaded the balloting s f orgeries, sad with great brilliancy obetried, that Dc" f were not so the Her. Mr. Keeposhave bees pissed ia the desk. • gatemenof K. Whiteside's Nadas mold not Sad his &muter and his sows to give ewe enb s 7Supea the law came of Mse erown s ee e Lewd bY InslseWhig *ad they weld swt a iliihnesew fee ewe Wsweelen woad be foal sit wool* bo He w *WM In klieg that, if *video°, weld: he proithred of • telesnalis Mont on the pert of say mid, wieseltar he were layers or elsegynan, a prossertka wealdtbe Meltutsd against him, and the easyletion of the tiaYagent obtained so fares the law of the land wash allow. 111 e &weeks of the isewregliat (cuts- Maned the bolishostionseel) was the** dor tondos, and he appealed te the soma ems= sewn et arm =thimi to 'swiss theinstheolendlagh whetitenb elks weenies. of hewing K pessenteg boa anek or the gthersigurpese ass isentreetios to which that pews* design might be theldmital ? Let oath Juror pat himself he es Want la the position of Mr. O'Brien at the period bo Mewed to, end essiskise hew he shall& have behoved. Les his (the pea fir_ to be ia anwehensiss of sweet upon a ea/ thst seem stile a t eases anddenly to Mae sod genranolemeed the metre that a warrant Ike his arrest had been Wash wadi ho=dr. 011eies's position, has gene to Waterford, s suspect, from which packets milled fee Ug head over's.: sr mesa boars duriag the day, and frematheme, if sessowy, mks his et to Frame ? Did Mr. O'Brien end his kinds (Dills, and j u t this ? No; but they ,atat wiry town they pared % harangue the sad sow they instead that all 'Siert speeches these plums were spoken for the rupees of ob taining the act of the El* topeo pro p t le est the pease of Mr. Isies.: The armed of who wore seeembled Mainahow,being by Mr o'. _ !kW' bloods whether 1 they woad anew hint to be seate d, replied dist they would NS. Was set that pines of widows a doer peed that a sell W bees made upon the people to resist the 110.011aleat, MA 10 Whet • rowel purpose ? And whet took rose apes that call being lead*/ Roadside of sewed sae ine e r i ajti wren wp se If oat of the wetly while the dispel end belh were siesthenseelly nor end beam NOWA uPla the neighbouring hills. Atter esemisting_upea the Noels de- dee widow. in wasezion with AS Mernieeteest at Maillaahose, the Soliaiter.Generel prossedod these width sift le the 111120 r Ballingerry. The thane ardent Mr. 011ebin was, that he endeavoured ley isms el arms awl military array to effect a revolution. And did they not Sad Ms in Mallinahose,Ellisanie, sad Ballingarry with armed wakkoides ? It was said he widest to protect kbeself lent west, bat they lowa sentries la his ledgiegs, Wm Mad la the Meets of Killenaale, end yet bare Oa Meg NOW did set take place with the troops It we digs' thee Mr. Widen only wished to protest Morel( taw emit. The Wesel ginelowea hark; redireed is the letter When W the Wise Owspeny by ges tr =Nes to genlissate thdr eagerly If his ware t a b =M weilsood Whit to the angeoniens sail to haw been wed by Mr. G'a ' seswhisk IoW to the Mel senhiss baleen the raise and the peer% he was Polballtf= he eilwhilwe they had fhlias - him • paws •Isse gee thee gentlemas If the jury had any doubt apes the gelfisellitee the IMES Oki away 1" were used, let them, ....... c.r.lp .dropsfaaser the benefit of it. The lbw kik the ewe in the hands of the 1 1 easeasei al their harity. MI6 Wails The Led Mid hides &Mewed his charge to the jury. willema al Oakley, so the organ of this tribmsl beiesse nap daty 111116110 yes the aeateace which Y in =lf Is ask awl ens &sty to Word you in thei Ilanestatemeatiasam. Ma will restive feethylep ' a mak dispendesek sed 111011111111elasiderstios, width i p l: l =nes dieweedsown sesta* lase yea were mi. ' 1 is *Obis elk& to se a men egeoplata sow rasa. I win met fugaise, nee sees pt he Wreak I hol ft le le nossoeeny, the irsportsese of the MIS at In 41/01.1 era par WOW aleialliea. I shall pass ins Marty is the irgio of my duty in ease% ing a enalest hip that your attest% will be flied mikashelt WS the evidence you have heard, sad that seibig whisk you knew or heard before you enamel Mt awl will have the slightest inflames upoa yovir eicesmimaffes, ant that it Will be founded, se it ought as ho, whey spas your eonscientious view of the y evident*. Ti. has bowd that the charge aria% the o n esrin ia owe high tresses, sad it will be my duty, in rst iambuses, to simplify the subject, so as to enable you dkiketly to apprehend what the law 11 upon the THE SPECIAL COMMISSION TRIAL 'OF MR. W. S. O'BRIEN. CONVICTION FOR HIGH TREASON. CLONMEL, OcT. 8. This morning Mr. Fitzgerald addressed the court and jury, summing up the ease on behalf of the prisoner, of whim life, he said, it had pleased Clod to make them tit., arbiters. If the jury entertained a doubt of the guilt of the prisoner they were bound to give hits the benefit of it. Teel crime with which he was charged was artificial—it was a mere creation of law, and in too many eases was a mere fiction. Why his clime had not b^en prosecuted fur the more obvious offence *Welt he had committed it was not for him to coriaiture. Whether the explanation of the I reason for adopting the present proceeding was reserved for the Solicitor-General, it was not for him to say ; but upon the reason to bA assigned mien depend the hfe, property, and honour of his client. His client stood charged with two offences—levying war against the Queen, and com panieg her death. Upon the present indictment, therefore, as it stood, there were two qutstiocs for the jury to consider —fleet, whether hi. client did levy war against the Queen ; and secondly, whether he conspired to levy war against her. The learned gentleman then went into a long and limbed argument to 'Tree that no evidence had been produced upon which his client could be legally convicted. He then went on teasy that the Attorney-General charged Mr. O'Brien with having made a speech at •mire.inig held ht March, 1848, fur the parplee of congratulating the French people upon the chugs which had taken place in their form of government. It vu alleged that the clubs were organised immediately after the return of the deputation from France. Win re was the meof of that ? The clubs were in existence sn long ago as Angst, 1847. How were they to be worked ? By or gaideatien. Their object was to be cam des catholic 'man elystisa was obtained—as the reform bill was won—as the sea hews were repealed—as every exhibition of the national mid wee made by those who eMeetained opinions respecting rallied reforms and politindiamosia He did not dispute au mrmhation of the clues; but wham was the evidence of intent? Is mission to the meeting of the mofederation on the 14th of July, where is the evidence of what heppene I these ? That meeting alarmed the versimest ; and why, be should esit. did not the toll the jury all about it ? These speeches mete by Mr. O'Brien were proved, but the Ina elsessld MAW they linen made in exciting times—one lithe Nem& Meektiso—amether when the Treason Felony Vg 1:2 1 sod • and whoa Dublin was proclaimed. thee dwelt u Wes peech of Mr. O The 'llas ea L isil lith all less Sway, as the openness of his mom, sod hie rawaseles thst smith, should be done Ice secret. Who led seembeestel the Monet. Dobhyn ? Evidence was ghee et the some of the slab, the Red Hand Club, having been spa am wham ; but was this sufficient eseldemos of the mistime et the sta b What was there to item a treasonable inte:tae the 22nd of Jule but three =rdelivered at a of great excitement ?He ed that the erg el clubs was to show the tespular streturth, and desediem there was a reference to an I WOW , appeal. Had set poplar doseastrationa taken rose is Ireland to show that the poplar will couli not be resisted ? This was contrary to the s: irit of the consti tution, but at each a time as the mno man could be convictth of omen for sash rte an d it would be eery wpm to make Mr. O'Brien the for the sins of ail. The radios was, had the tolsener lotendtd to aeeM most. sod did his arts manifest that titration ? Thelma,' ilestiemed then proespiod to accumetupea the varicosities*. mate e i in aviaries cm the motet the emirs, and concluded l a whether there was a shape ese ensengst them is peemiasstestiesaidast agror—the feet of a war. tarathmd his antatoradthelseswityfor oh protection? The horsed mama having mate Med that the prevailing deals all Mr.O'Brisn's @pease was a desire to evade meet. west es to refer to the myrrh tandehei by me mass eg thsee . spemhee, with a view to show that they asOM ass Mast •ma be sad so • We es trasheerthy aviaries spied his seesseid troops arrived In frost et alsidudt, so everwhelmieg mamba of armed ma The pereisa ma pat, "Do yes mesa to arrest Ks. fridne l" ad mess a negative reply being given, the dra waills IMO sawed to pas ea ashersied and applauded by the myth Thehersed gudimeati that referred to the slew - et Dalwarty, with a lbw to peeve that alh the hob bin aping his Meat, yet there thoug was sollMo peed whisk me imessistent with the object his Meat led eadomplated— esseps from meet. There meld be ma deal% that Os fatal evade which occurred at meld ewe be the subject of deep sad hitter = 11 : 7 0 hie Ant Be that se it man_ how did he act? !mak* se be (lb Mike) aded at Mollinaheser mend uslewthewlselseed the mods that had boss attribessil to him ea thee emealso, h wee ithdo he amid have bees no party to the dmyg, Me Ob. O'Hara) was halves both the par awl the peers el rem esti mime thole wards sass mei by Maio wismet masa, ef beet, or emitersesh it ose sad, _am entirely hapswibie he say cues la his seems to she that ether. Bat it was wholly ha• malsrial tk hie Nam Whither his east gave that ether er ast. Why Illa s Vel ISWilei lir M. Wades) laboured M asa sad se MAW pairesialetet? Simply Mem, their eibmt MisesbelM Om thee he valved ✓l m.sh les indeed thin the impalstisa ad upon his ebassailia by the thane that he mils me of voids of wash be sever *mkt, whisk he mad not am, and which woe he all reepas terelp beet Me iodisation. and inteedswa The leased sesames dm referred to the gress wed salvable lawasiiimles end diesespeaeise in the widows If lisheesseable Merso—which we saatradishei by the teatime* of Ocselehle llsheay, _sod to the feet that ea erommassisethat of Maras by Kr. Whiteside, when asked why he did sot dry at Mr. O'Brien, he (Mersa) re. plied that he did sot bear him see "—. _That Mr. O'Brien mover used the weeds them maid sot peed* be the Wetted desist. the ma was ever so melt to me the., kw se mem mer maestelsed a greater Miner at bloodshad. or a men&Math beedlity the invades d property than Me. O'Beisa. Had it sot bees ice the dare War w the Mimi* Compasy tam was sot a shred et evi -1 Isms is the in to p to the jury to madder. The perm et writing the leder M the misaw empsay lese le protect their preyerty fres Witty sal OM the rem warm in their mime - &odd not wags, kit their cosec. Meths to him. Bat them it wee said that lie 'shred that by meat ; bat sorely If a threat were eashisad ia it, II ma met that et a mesa authority—et ea ampler—sr of a ermmeoder 00 If the bidi arvelatitm should seemed leg (be mete) the whole el the property_ of the mia. otholoST woo* he sesimated. ' But the Joey timid reediest them WOO to be • real revolatim Is the sefeWhy—st lesat so it was said—sod he need set veadmi the Pry what sleet it tweeted ea all et them Miss po. demetiess were heath ea the suldect:by the Lord I Sweat Did they sot ell believe that it had setae* hishia me i beerre they sea heath of the =Muse etas War te the Maas' Conroy ? Mr. O'Briso thought te week es the baseiaoum piety, bud he did se eddy mad maim sleek tee ir the Ife of(Mr these who lad prebsted him. II I was d d his . m's) Ai* ha aphis hem, we MI it tees rim the Pf Ailemspeseerel to make est the Memat smi Übe did set show thwa it ma tremonahle, se If they miledeMed a Maio Om it wee set essaiseset with the adiseeme, It was he Ohm to Ma a media of smelt ed. With sired to Mr. Duffs Meer, he (Mr. Pb.. semib edelthed that Mr. &Brim labeled to Min shoot isothipa--bialt was taol!' restore thesingle mostitedes et * the sisem et repe est et perliameft— ▪ Dalr thseght Xr. O'Brien kept behind, althea, dims weld mom All his elkat wanted was juetles ei• miebleted woman to the km ei the land. The learned ✓ofillema UM* seemed Ids fast, The Chout esseekelfler a fees moments, after which The Chief heft isid—Mr. O'Briea, I have now to is. MIS pia *SW you defile to edam the jury you are now' at liberty to do se ; bet you seance be beard after the Soli. siter•Genual has mikes. If you wish to do so, the Coed shell retire fer r a kw Wastes, in order to give you time te mem& you Mr. O'Brie M ra—l me am quite content, my lard, to leave my ma, as it seer Om* to the *mica of the jury, sad am only anzioas te sall my drake to themfor the patient ateas thothey have rem the eigumeate sad evidence glees is theme.. The Solicitor-General then rose to edam the mart and Jo* is behalf of the mom. The cameo Merged omitted I ▪ Sof este el the yammer daring the fatal week in July. They had Meth a pest had of what the legal will et the peg* wee list be weal set vesture *ea mit a Meri no Ist et la seessetha witk emit peeeldillp. tomees lad bees fragosemiod as m Maid Mom He dill asemametand the ausig of the plasm ii n tir i ee a ylds slams under en edit lammed 111. The of war mud kers been for • 'mewl perm sad set ewe of a =Wily private seism Wit were Mehl toto elist a gamed 'Meth hth Wet It= though a photo sod pommel deed was up with the lemmediss. He did mgt seek to p bored the meth of Mae*, 1848. The thew against the priaoser tem cosseseed with his eels is the het week of July, bet to arrived a proper Nachdem se te the object it saltiest ; sad, Irvin 'adore...A the law. you will be the better able to apply the seldom to It. Then are two dletleet speaks - et trews stated la Ws In dletesent. The ant Ave meats ore far level,* war modest the Queen within her realm—ohs Met is the compmelag the death et the Omen. I shin et esie relieve yea from any oosidelmatios of the last coast, beams shlaimett there is what, in @Wears of law, Tart be sonsideved evidence to sastsla that coast, that *Tideless is so Vlach more dis tinctly epplicable to the count be levying woe that your at- Mattel' may be soalned altogether to thatcharge. In order ts sustain that chine yea must be eatkeed that there was an lasurreetios with force sad that the object was a geserel object. It has been contended upon the part of the primer that there has beau some extrusion of the doctrine of high tresses in cases width, it was said, are net properly within the mewing of levying war against the Queen. I don't enter into any consideration of that segment; whether the words of Ede% 111 may or may net have been extended by a constrained construction is not the Tustin now, because if the evidence upon which the mown flaies eastains any of the allegations which they eddies it to support, there was unquestionably au object of a geseral hied in the case before us—for whether the object of the Warmth:on wets to effect the repeal of the union or 'free any change in the constitution cf the government of the realms, or dismember the empire by effecting a raparatim ' of the United Kinedom, end constituting Ireland into a dis tinct sonveigoty— whet her one, any, or all them,. were the object, it was plainly mineral, within the wanton of the term, and therefore the levying of war for its attainment would be plainly high tramou. I need not advert to the authorities which have been cited in the course of the consideration of this cass; but there is one passage of a judgment of Lord Tenterden, which is distinctly loplics ble to the ease before us, namely—that insurrections end risings to effect by force and numbers, however ill manual or arranged the course may be, any innovation of a public nature in which parties had no special cone rn have been deemed an instance of the actual levying of war. In Eating the deflaition of the crime of levying of war, and in stating the words of that authority, I have probably led yoar minds to the esnsideration of the true distinction which it is important to keep in mind, and upon which distinction the defence of the prisoner is rested. He asserts that the object of recurring to the use of force and the end and object detailedof all these exertions, which are in the course of the evidence, was not to effect any general object or political purpose whatever, but that is was solely and exclusively to protect kis person from arrest, and I have to tell you that if tee object of all these meetings was solely and exclu sively to protect Mr. O'Brien's person, or the persons of those who were in his company, he is entitled to your ver dict of acquittal. Yea will, therefore, at once see that' in order to und.ratand either the charge or the defence, it will rest upon you, upon the consideration of the evidence, to come to the one or the other of these two conclusions— was the object of that insurrectionary movement a general object, or was it tho limited and penned object of protecting the person of Mr. O'Brien ? But you will obaerve that 1 have stated to you a proposition, that the personal or pardeuler object must be exclugye, because if in addition to that protective! the person from arrest, there was the other and general purpou which the crown contended ice, the ex istence of the particular object is of no moment whatever, for the moment the general °hied is established, that instant it becomes high treason, so that you will observe that you will not only have to e our attention upon that which conatitntes the defence of the prisoner —viz., whether it was his object to protect himself from arrest—but also ask your. selves whether that was exclusively the object of all them movement. and all this force. The question, no doubt, is one of intention—did Mr. O'Brien end those who misted bin intend to save himself from arrest, or did he intend to effect by force an object of a general character, wheaten a change in the government, a repeal of the union, or a separa tion of Ireland from Great Britain ? It has been complained on the part of the prisoner that the indictment does not set forth the evidence upon which the crown relies in support of that intention which it imputes to Mr. O'Brien, and which it is bound to establish. The laws do not require that it should be so. The law does not require that the crown should state the evidence it intends to adduce of the intention, or what sate were done, but that one or more of those sets should be established by two or more credible witness'. The learned judge, having stated the various overt acts as laid in the indictment, proceeded to observe that the object of the prisoner, which depended upon the intention, was to be disclosed by evidence, of the value and weight of which the jury alone were the judges. He then con tinued as follows: In the case which is now before us you will observe a period at which one clam of evidence may be said to terminate and another to commence. The evidence antecedent to the actual outbreak at Ballinrarry ens the 25th July is ono in some tv *poets contrasted with the evidence subsequent to that period. The evidence antecedent to that period cannot have any re lation to the apprehension of arrest, because during the an. tecedent period no arrest was or could have been contem plated. The evidence subsequently to that period is con nected with that apprehension of arrest, and is, I need net say, the period of greater importance ; for it is during that period that you are to consider whether the acts of Mr. O'Brien, or his declarations, or the conduct of thine who were assisting him, manifest exclusively the object of effec tual's, his personal safety, and nothing else; or whether bey de net manifest en ulterior and general purpose—viz., the rupee et effecting a revolution in this country. But whoa the wales is, what was &I r. O'Brien's intention at and titer the 26th of July, and when that intention im puted ea the pert of the crown is that he then and there after lasulhated a genera purpose, and that that purpose was revolutionary, It Is your duty to look clearly into all the facts a the ease, with a view to ascertain whether the prisoner did entertain the intention imputed to him. la truth, in large patches of our criminal law many ahem w found to consist altafether in intention ; and I know on limit to the period at which evidence is admissible of pre vious candut, or previous declarations, from which inten tion may be imputed. I shall now, gentlemen of the jury, OA peer attentiob somewhat in detail, to the evidence emerelesd in the bet et these periods—that is to the evi dente which limmineem wiek Me. O'lleion's departure from Dahlia; and the ON M the dements or sets which is Om in evidemes h a weekends by Mr. O'Brien at the Mule Hall es dm 14 hYmi.lB4B. Bat before I advert to that epos& M h Gee hi babe to Mr. O'Brien to stab that hem alibi weliense white has transpired there seems to be se r mod whelever to impute dialoyalty to his, or any treamsobb beetles or intention up to that period of time; end it is she right to my, with ceegest to the Leith Oembieration, that as far as its raise mai Ito este have trimorked it deeeaet sprier to have bon et a realatiously ohareseer, either as empires the constitutlem se the objects Nis bed r. This speech was delivered upon a unsuitable essmila. The Frank revelatiem had tabs plass within the pe asediss walk, mil Ws waft was bald so ersgra. tubas the nark goveramant opts the mat. Kr. O'Brien premed ea sib= whisk ha mod at that wards& and be wag eiarweris eau ef the togartadom whisk west to Paris to premat it. t o the pert el Mr. O'lldss ft was eentended that hider the estiee el Ms spivs& it did not manifest soy tzessowahle pawn sr any Millard principle • and an be ether heed, poregrapbs had ham reed, ich if the emeshiallett et tie mows was debt, world bow that day drips_ had be gamed, sal Mat an la liediss bad misted to arty them Me edheh—mot that thaw Was any definite plan seeded at that alma, or any Arad upon 67C our*" it into mcesaties. it h be you exclusively Os give your erbium coed bale ma WM. I take it ter by that a espy dthe speech will be mateally weed ea banal at both sides, se I Rua go through the while it, There is no dealt it is a abed report, sad perhaps it would be better far Me to read it over, or as mach of it as has been relied on. Kr. Whiteside said it was not the pra ct ice in criminal eases to send documents to a jury ; but_ he had no objection in the trout ease if it wet tudinrtood that those at both aides would also go before them. Chief Jades—lt is better perhaps to read the bearing on the we to the bey. The learned Jas beamed the peerages at the speech at length ; and having observed that a cosisidenable portion of it we on a meet. iag held in Dublin to asagratalate the French nation, he would mar Omsk the delta, because it did not bear an hooaleihme beta. The ease a paths relating to a Commit el These Kasired, the lemliords et Imbed, the eseambrilary, Ma eablissa, sad the modem et midst I de as bet it asemmuy pe trouble yes with easehried mew the props he oontinsed—Oentlemen, have set lail heard thalweg& reed at the table, but I have upon seed it tea or thole, OMNI sines, sad dem% fled any peewit list those whisk woe tamed to by sweet se either Gem mad yea will say, asestding to Om esasirsetien to he pat aria them, whelar they eiralba the of the crown. It appeared drat Kr. O'Brien shoe that to Paris, and the next madam we have is a epee* made by him on his rotes. whisk took place on the lib of April, at the Kestobbl, at whisk Mena. Mosher, Dillon, Delmar, WOG, and idiom we n eat, • great of deal 'Lotion was maim to this booms is we alleged he had been Is ennui with Fremse, but the only pesesge I shall read is that whisk al ludes to O'Gorman. The horned judge then reed the pee sap ot the speech in whisk he alluded to his having left Mr. O'Gorman behind him in Paris. Gentlemen', these spreoliee are of vast importance, because they indiums that Yr. O'Brien had some Intention of attaining the objsei he bad in view. Mr. Whiteskit—Year lordship forgets to mention that Mr. O'Brien was prosecuted for the first speech read. The Chief Justice—Yes, and it was for the jury to act on that evidence each as it we. The next document to whisk I shall refer you, gentlemen, is the address from Philadelphia. His lobby thee referred to the, evidence in allusion to the uiscovery of the portmanteau and its contents. It braid be for the jury to say whether the crown had tampered with the Natant/ of it. As to the position of the witness Dobbya, he did act regard him as an accomplice, for such a person participated in the crime, but it would ap pear that be joined the club to counter-plot those who were plotting, and it would be for the jury to cossider this evi dence attentively, and say whether it was borne out by pro-I babilitiss. The witness might he regarded as • spy, but not an ecoomplies. Hie lordship enteted into a detail of the evidence of the winter, which has been already folly pub. Hutted and repeatedly adverted to by counsel. There could be no question, said hie lordship, that the evidence bad been properly received ; its consistency and probability were to be coosidered. Oa the other band, if they considered he was a Mwitness, and invented a transaction and believed that ore falsely in one par bular, they should dis card all his evidence. He did not say that it was the duty of the prisoner to disprove the statement of the witness ; but in the absence of any disproof, and with the existence of a possibility of the truthfulness of his tes timony. It was for the jury to say whether or not he had sworn falsely. At halt-past seven o'clock the court was adjourned to next morning, when his lordship will moms his charge. Before the adjournment a discussion took place before the court, jury and weasel, es to the evidence of Dobbyn. One of the jurors asked how it happened that Dobbya obtained =missies late tie rem where the war 000ncil were dittos, (Mr. Hodges) being a spy, wee said in a moment of excite when he admitted that his club was not called over, and meat, ma was by no moons intended to convey an =pato that no= but time num celled were allowed to stop in the tian on the character of that gentleman. room —The Chief Justice said that that was upon another On the return of the judges to court, ocusies.—Jeer: It doesapnear oddthat when the Red Hand Mr. Whiteside said—l have now, my lords, to move that Club was not celled over be wu allowed to remein.—Chiet the witness Dobbyn be recalled, in order to his roceamino. Juries: You have full notes of the evidence, and you can don to a particular point, which I consider to be of m ost read it over in your room . — Mr. O'Briese : It was out of my material interest to the case of my client. power to get evidence against Dobbyn, for the members of Attorney-Geeeral—What I have to state, my lord, is that, the waned were hunted down by government having heard certain facts stated with rep-rd to Dobbyn, I CLONMEL, Ocr. 7. shall not oppose the application of Mr. Whiteside. The judges took their .eats on the bench this meriting soon Mr. Whiteside—l feel bound, my lord, to thank the after 9 o'clock. attorney-general and my friend the solicitor-general, for Mr. O'Brien, alter the jury had been called over, requested their courtesy to this matter, and to say that they have that be might be allowed to say a few words in reterence to acted with. the highest honour in this case so far, and with observations that had fallen from him during the trial. Be the utmost anxiety for the pure administration of justice. had stated that Kr. Hodges, the government reporter, though Theop was then a considerable paw • before the informer rest= as agent by him and those who attended the meet- made Me appearanee on the table. When he coma on the ings of public bodies, turned out to be a spy. What he table lee looked at the bench, bowed, rind then took hie seat. wished to intimate =a, that he thought he had dealt rather Elo Whiteside (to Dobbyn)—Do you remember being at • unfairly with them in appearing u a emirs witness, prepared tarm, in the middle of the month of June, at the corner of to swear that their declarations and speeches were seditious Great George'ostreet 2 Dobbyn : I never was there. —Do and treasonable. He conceived that Mr. [lodges had cep- post remember being in • t iron or public-house, discussing pawed in the character of an official reporter merely; but, , the political grievances of leelanetwith two other men ? I unquestionably, it was not his intention to • convey to the don't recollect that I win.-1)t you know O'Neill's Tavern ? court and jury that he appeared in a disguised or coacealed Ido not.—Wu there a fourth persen present reading a character, or in the position of a spy; lie, therefore, dished lantspaper, whom you a ft er wards discovered to be a person to withdraw the exoressious that ren d been used by him on of the name of Dalton ? Ido not know the name of any . the iion to whieh he referred. person of the kind.—Did you on that occasion sp ak of the Tee meae L rd Chief Justice then resumed his charge, es ful- hest means of securing the independence of Ireland ? Never, lows: Gentlemen of the jury, where we separated lest even. never, never.—Did any two persons say that they lag I bad re ad over to you the evidence of the witness Dab- were advocates of the policy of the late Daniel O'Con bin, as to wham credibdity, and as to whose character, it is for cell by emancipating Ireland by moral force ? Did you t ) determine. I will not again en err into any details these two, or any two persons represent them-elves as of those matters by which the crownjou s that hi, tes ty. Roman Catholics, and did you represent yourself as.a Pro wiry has ben confirmed and e irroborated. It is for you, tenant and an Orangeman from the north ? (With it smile) and you exelusively, to say whether to any and what ezte:.t Never.—Did eon say on that occasion that there was but tb ~e circuureanees corroborate his testimony and static one way to rid the country from the British dominion, and bins to credit. Bat one of the jurors baying asked a goes. that was by force of arms ? Never.—Did you refer to the don, which wee one of vast importance, and which re- late revolution in France, and proclaim yourself a disciple of j aws to a wi l fu l, r part of his test i mony , t h e bench Jobs Mitchel, and an advoca'e for a tree republic ? Never. are of opinion that I ought seam to repent my note —Did those three gentlemen in the room apply to the fourth of his evidence, and you will see wheth e r, as Igo gentleman who was reading the paper, to (beide the ece through the details, any ground exiles fur the impute; iroversy ? Such a thing never occurred. I never saw any don which the discrepancy noticed by one of the jurymen poison reading a paper in that way in a public-house. I would uei entity suggest. (His lordship then read swear that. lam quite eatisfied of it.—Did y ice afterwards tuimeh the evidence, and whilst he was doing so wink to that gentleman to follow you? No. Not to a Mr. O'Brien appeared to be amusing himself by teking gen:leman slanted Dalton ? On your oath, sir ? Why do a Awe of a national emblent which ornaments the canopy you hesitate ? I did not hesitate. It uevor occurred, on under winch the learned ledges sr.) Toe jeerchiet rier, having my oath.—Did you spent with him alone ? I dii not—Did concluded reading the evidence, raid, the question i. entirely he reply it was too late ? I never was in conversation with the tor your cousideration. I shall say nothing more with respuu man at all.—Did you speak to him, or he to you ? Never.— to his evidence than this, that the object of the fitst meeting Did you reply that he was a right lellow, but that the other was to have an accurate account of the force of the clubs; two were d—d papists? I did not—Did yon ultimately go that the object of the second meeting was to mute= how the proclamation might have been obviated or obstructed ; with this persou into a house to have some refreshment? I did not you request him to join a club ? I did not.— xa and that the object of the third meeting was te elect au Did he sa y he would be expelled from college if he joined execative committee, but upon his cross-e he said it was a council of war, and minatien being a any club ? I never heard any such th ing at ail.—Did you say he ought to know what you meant, end ess him if he council of war it was agreed that no clergyman would not prefer a government situatio n te college No, I would be perfectly untrue if I were to represent to you was io be upon ' it. This is important evidence, but it never said it.—Did 'yon say he might easily obtain or.e if he liked, and that he could easily join you in goting up infor thot the prosecution or the charge against the prisoner ra[in]y deoendeel upon your belief of it. It is for you to cation and giving it to government ? Oa my oath I never used such language, or anything like it in my life.—Did pposin oar do nut believe P, believe it. or not. If you believe it, it goes to sustain the You meet by accident the same person De ton in the case of therosecution, but sin street about three weeks afterwards ? No.—Did you say or have an y rational doubt as to th e truth of the testimony you had bean arranging matters with Colonel brown? of that man, in either case I tell you explicitly to re- Never, never.—Did you say to him, Till the priests were jest it item your consideration, not to act urn exterminated and parry put down, things would never be it, and gilts your verdict as if you had never heard it. I right in belied ? Never.—Did he allude to Mr. O'Brien, shell now call your attention very shortly to the only other and say he was more ezimilial than the pepists ? Never.— document which remains in addition to the addrees from Did you say it was lawful for a papist to commit perjury Eindscurthy, and that is the report of the meeting of the Irish league at the Music-hall, on the 19th of July, in the against a protestant, and that you thou fit`t weuld be fair evening. Upon that occasion Mr. O'Brien made a speech, for a protestant to commit perjury spi papist/ Never. which, bath on the part of the prisoner and of the croon, has —Did he call you a rascal, and tell you to quit the room? been so tally commented upon, that Ido not feel it incum- No.—Did you immediately change your tone of voice and bent upon me to repeat it ; but this is perfectly plain—that manner, end say you were only trying him ; and d id y o u in part of that speech Mr. O'Brien refers to his having re- then ask him if he did not know you were hu.ub u gging him ? No.—You deny it all ? Ido; it never eccurrod. viewed the clubs in the south of Ireland. (His lordship Examination concluded. read the postage in which Mr. O'Brien stated, that at Carl he had seen 2,000 men as well prepared for action as A young man named Henry Dalton was then sworn and any at her Majesty's troops, and that he was told lop«, examined oy Mr. Whiteside, and gave the following =Mi mi= had promised tom pport him.) And you will find, con- mony : I travelled by an express train from Dublin to this untied his lordship, in the concluding part of his speech, that town, and have only just armed in Clonmel. I left Dube although the members of the new body, or many of them, tin at 3 o'clock this morning ; my father held a situation in the Cashel cathedral; my own business is that of a literary ight, and the rig ht of others like were known to be adverse to the formadon of these clubs, he teacher of Trinity College. I was at au time a teacher at distinct] asserts his own r him, to y continue the same steps of organisation, and he the Rev. Mr. Iluddart's echeol at Dublin ; I was -also ation, teacher at Dungannon College, under Dr. Darby ; I have does not profusethe slightest intention to abandon the for- also taught in the county ; I was resident tutor in the house mation or organisation of the clubs. There is no manner of Mr. Pennefather, of Marlow (one of the jurors), in this and acts, Mr. O'Brien formed the determination, as a of doubt that, so far as regards the league, its constitution, arnint Y' mi meter of that league and of that body, to act up to and Mr. Whiteside: Do you remember being in a tavern at pursue that constitutional course; but it is equally certain the corner of Stephen street, 'beat the midule of June last? I do.—Did any discussion arise in your presence between that he reserved to himself unlimited power with respect to three persons? Yes. the clubs. Now we have arrived at what I call the terms- The witness was then confronted with Dobbyn, and de nation of the first stage of the evidence. You will recollect that in the few observations I addressed to you at the open- sired by Mr. Whiteside to say whet h er he was one of the three persons he had seen in the tavern. Witness : Mg of my charge I told you there was a marked distinction Be was, upon mt solemn oath.—Tell the jury what paned between the evidence as it related to one of the periods and between theset re. persons before I.'n took pan in the es it related to the other. Up to the present time, that u, conversation. Witness : Two of the three were advocating up to the period we have now reached, there was no notion a repeal of the union, and the substance of their remarks of apprehension of Mr. O'Brien's person, or any attempt to was, that repeal could never be obtained except by the molest his penile ; and therefore you see up to that time you cannot expect to find—cerminly it is not to be found—that means advocated by the late Mr. O'Connell—moral force. there wee a word said which had the least tendency to pro- Dobbyn said that he was a Protestant, and an Orangeman mote any nuns= co for his personal protection or safety. of the north, and that the independence of Ireland could Whatever bad occurred before had for its object general pm- never be obtained except by tones of arms. Ile said that the time had now arrived when a repeal of the union rue and desigess—whstker they were to effect a repeal of rhaps would not be obtained, and that a republican govern theseand, union, or a modiflution of the constitution, or a change in the government, or to effect a total on e of Inland meat and the principles of John Mitchel would benefit from England. Whether they were one or the other, or Ireland. He mentioned the name of Smith O'Brien, and said whatever was their nature or diameter, they w e genetal his policy was too tame. lhati not taken any part in the eon sad national objects. It is equaPy true that those objects, venation than ; butthat man asked me what win my opinion? sameral in their nature, were oentemplated to be effected by I said it was my opinion that agitation was the bane of Ire and organisation of as many of the people of this country as laud, and I attributed my present suffering altogether to it; I said that I was averse to the plan for a repeal of the union, am id b e preva il e d upon to ) o u t t h e du b & These chi * and that I signed the petition arainst repeal as a student of their formation and w•aUan, were to be the means, the Trinity College —Mr. Whiteside:: Did Dobbyn do anything ? 111100, or the power by wide& the general *tact, or what- I noticed him distort his face ; he made some distortion of Oilt it was, was to be m m= ; and if that were to before Mr. O'Brien left for Prom= it will be for you to say what his face. I left, and was going home, when he followed me and said that the men wished me to have supper with thee what enteequently ocean= wedn furtherance of that them. I said it was too late, and I must go home. He cant spited; whether that object was abanoned or whether it that I must oozes; I did go.—Mr. Whiteside: Did he, after no reference to the titbit object, and was directed won pen i n ; w h o m, wit" subsequen tly weane d had that night, say anything to you about joining_ a dub? Witness : He asked had I joined a dab, or would I. I told to another mad yditihremt object. Itit was, then of course him I would not join any club, am a notice bad been posted this antecedent =Moms, mot he of no value whatsoever ;but upon the coUege walls, that any student would be expelled w i t h ro s sitogi s ti th is of Do bbi n, i f you h a le ,. h i e ,. who joined a club, and I intended going in for scholarship h e his a s sanss a t h e Me en e part of t h e cro „, on . step the following year. I told him I would lout all my collegiate farther than the other eviienee. It is not that he has shown prospects. He mid that although I might lose my prcepects an object different from that =doh the other evidence esta,- there, I might not elsewhere ; and he told me that govern blialied—he , has proud that **et to be the same • but he sent might appoint me as the head of some colonial college, has gong f urt h er i n ou ti ng the rem . of hi . eo d edentee, as I was fit for it. (Dobbin here smiled.)—Mr. Whiteside: and he has given evirismes that they were determined, b y Did you separate shortly afterwards? Witness : We remained arms, within a very short tire to break out into actual re- till one emssis ' kak i . an d that the t aw ny min & „m e n e t , ... t i re Witness hero =red for a glue of water, as he had been committee had, b,y its me hi k e pledged itself that that out- travellin g all ni g ha break should take place hike, the Ilth of Augun, at the Examination resumed : How long was it before you sow him again ? Three or four week*, at the corner of Trinity veey farthest. Now, suppoing you do not believe him, end street. He tapped me upon the shoulder, and asked me to that you from yes memories end pay no regard w h atsoever to whim,. time would still and noted * . take a glum of punch with him, and we went into a house standing that, mes h, „h at I ye k te d out to you on the con . for refreshment. I paid for it. Witness here said that he f us i on of Mr. cpie r i en m emo ir — the genet .' g en d was 'abject to a nervous palpitation of the hea rt —Mr. object ; and there would still remain the Whiteside : Have you ever spoken to Mn. O'Brien or his attorney ? No.—What pasmd upon the occasion to which of dubs for the ettaloment of that object ; end, there- you referred ? Dob by n asked was Den's Theology read in fon, when we come to the second series of this evidence, you will keep what I h ey , state d to Two in year mind . - cog that by Deno, a Roman Catholic was qua esmoss, according to t h e r i m you w il l take of it, it will tilled to swur and get absolution from a p riest said render you molus i orue the more or lest certain, as fir es the gronsd.of those eem i ne i o „ who front the euheeipient trans- for any informations, false or true. lie said t h at the anima ; that is, if you find the same means used, and the lame object propeoW, then in truth it is but a continuation of hdeemat t 'g oa l if wa l y joined W °sun s dttinct iet it rat a : rro s m w hi esr m co en un d ter that t both our ge OUB the mane plan ; and, though evinced by different evidence, agreed , credit would be attuned bed to it, and the as ex ending o ff er d i ff erent per i o d , it will still he the Ism e mars the better. I called him a rascal and a blackguard, project, lave t h e ewe, object, end the semi genera l and and told him to leave the place. He then went oat and nattonsi character . I shall very stibnite' , g a rough cants he again, and smiling, said he was surprised that a man the evidence which bears on this important - view of the cue; of my learning could not perceive that he was humbugging. and pm will remember, and I must repeat it, as it is Caen-' : Mr. Whiteside • When did you read Dobbyn ' e evidence int= caper ? Witness : On Thursday. I should have said that I men- UM with nee= to the prioresses defence, that you should you tionstm a y i n your thoug h t . , cm the subject en which =nod these cdrouseenoom at the time they occurred to others, you are now to Inquire, these queetioms,—Whether tbe in- and on reading the paper , I raid to them, "Oh ! do you re =Traction end the form had a general object, cc whether mem ber that insurrecticee and force were limited and fined. ex- Cross-examined by the Attorney —You say yon what I told you a bout Dobbyn. elusively to the prevention of the arrest of Kr. O'Brien. ve your address to Dobbyn by the light of the lamp? Thies are them etters for pose emsaideration ; and it is on Yen—Where . do ; you reside pow ?;,_ la 27, ü ßitozetrzet — t these in you have to deride whether the prisoner is Att• t rX e w e enesw * ti e I ra •ave i. l'fi D esmon d S and guilty or inureest The lamed Jody then proceeded to he we In the pe"11 e I'm" r. • N " (line, selling provisions.— here Mr. O'Brien's departure to= Dublin. He went on to read different tilmes • I was in 19, Di/WM-SUN ; memo- Wiz to Saw sew" blinds of this *Wass"' commenting with did YOU reads Bil - 17 -.. resiainder of the throe yeah ? Is the widen= of tbeliee who had reported the "sedum times I filled 'lituatione, and sometimes =s t aged my made by Mr. O'Brien and his Mends to their journey ' o da ; I have been in lingland.—Where ? In Ural:0001 through Beniecorthy, Kilkenny, Callan, Carrick =Suit, los • &a., and, having done so, mid :Due the bosoms here used P' for a situation - which I may say I get , but lost It afterwards. I engaged with a gentleman named Dove convey the mind ohs on implosion that the personal eafety of Mr. O'Brien was the sole and exclusive object of tisane whose residence was called Makmpeue Hall. On g oin gto over how be wrote to me in Liverpool to ask if.l wen meetings and thu lawitioas t a d "' the language in its fa ir, an I;isbiaan ever • i said I was, and a freeman of the city of matersf, mad evident impart, convey to t h e min d th e le ' Dublin ; and his reply was, that an Irishmen would not suit Mad= that there was an ulterior general PurPose — • (a laugh).—Sow did you live in Liverpool ? I had two or purpose of the kind =greeted by which may be expressed , - ice the lanage of these tt i n the evidence three pound' with me when I arrived, and earned three or four b y se gup a nightechool.—Where ?In Liverpool.—What pes's as Disking Ireland a bee and independent nation ? of Pat His lordship neat referred to the evidenPatrickname did you pass by _in Liverpool? Mr. Dalton, of mune. — Attorney-General : 'There is no mistake about that? Wit- Coughlan, who brought them to Carrick. The learned judge was proceeding to read the evidence of this witness, M'Dermott, except, as a matter of fact, I lived with a woman neer: Not the slightest. Since my return I resided with when Mr. O'Hara came hurriedly into court, sod whispered mime d Ke ll y , - • p o w , ; j few weeksso ;it opposite r S-row, or IL IF or Mr. Barton, one of the advising counsel of Mr. O'Brien. was a private how'. I paid M'Dermott 3s. 6d. a-week; I Mr. Barton immediately neat and said—My lords , m a y don't teach a school there, but I teach pupils there ; they I ask yon to suspend your charge for a few moments—The don't corns to me, for the place is too humble for that, but I Attorney-Oeneral—What isthe matter; what is the object of go to them ; that, however, makes no great difference, for I thin s ollrikniirn ? Mr. Berton — My lord, the conducting think as much cl my self ae my examiner ' when in college.— , Kr. Whiteside, and Sir C.O Lsbion, are anxiously A rney-Oeueral : Of course you do. You said you had engaged this moment in consultation. The Chief Justice— the convereseiou with Dobbyn in June. What was the can't stop. Mr. O'Brien—My lord, it appears to me that date ? I don't register dates of modern evente.—You tto the court is not fully constituted he the absence of Judge wen at O'Neill's you say for four or five hours before Moore (the learned lord retired a few moments before), the th e o ther men came in. Where you reeding the paper ell third judge—before whom, es I turn, my co re umel now are Chief Justios —We shall certainly wait for Judge Moo ; revolution ?—When did that revolution take place ? When but it is a mistake to suppose that the court is not fully con- fiat time ? I was. I was readin g the histor y of the French I said the French revolution, it was not altogether the case, diluted- After a few minutes Judge Moon entered court , it was the late attempt after a republican form of gourm and the learned chief justice recommenced, and was nom- ment when Lamartine wu put out. I know it was about mend= on Mr. Meagher's speech, when Mr. Whiteside en- the middle of June, by the review in the park. The tend the court, and, in a hurried manner, applied to their witness has t oo k mon water —Wko paid f or th e supper lordships to adjourn the court for a few minute". He I did not. I cannot tell. The bill I suppose was paid by was not (be said) at liberty, nor did he feel justified, to the other three. How did you know Dobbyn'e name? mention the reason in epee court, but if the attorney - He told it to me going home. (The witness here general would retire into the chamber, he would comma- took another glass of water.)—When the man spoke nbate to him the important informatics he bad received. to you about Trinity College, whet did you my ? Attorney.Oessul—l ma, of worm, have no objection. I said I was a divinity student—Did you graduate ? The iludgett otuuri, and jury ta n retired to __, ; _their res - , I did not. I have taken my name off the books. =etre chaszenm—leariall a crow ded °min to ~wauuer and Well, I cannot say I took it off—it was struck off surmise the cause M this eutraardiner7 interrareon. about May last, because I could not pay 71. 10s. for my fees. [lt was understood that Name Important erinee win sir- —Did you not come in to see Debbyn when he was being covered in Dublin , relative t°,,_th• char •e ,_ tut and Pursuits beot examined just now ? No ! I was told I was wanted, and I Dobbyn, which would 'ho '''' w to " his person not to came in ; bat, on my oath, not to see Dobbyn or any other believed co his oath. The intelligence come down by special persom.—Was he pointed out to you ? He was not. train, and arrived in Clouted about eleven o'clock.] Mr. Potter (Kr. O'Brien's attorney) mid that he had During the deliberation in =amber, Mr. Smith O'Brien brought the witness into court, and the prisoner's counsel intimated a wish to speak to Mr. Hodges, government re- sent him out again during D obbyn's examine tion. Porter, who at one cum= the tattle, and went to the dock, The Attorney - -Oeneral,addreseino Dobbyn.—Do you know where Kr. O'Brien shook him. warmly by the hand, and this &elitism= ? The two widening 'too/ on the t able, con stated that what he said on the first day wets respect ref Ka e fronting each other. Dobbs-4a my Oath I never saw THE EXPRESS, MONDAY EVENING, OCTOBER 9, 1848.