The Sun. — London, England, 1844-01-26 00:00:00

S PIRIT of tbfb PUBLIC JOURNALS. YTIOT Tie DAILY PAPERS' OP YESTERDAY. de G LOBE.—The case on the part of the Crown is evi lly approaching its termination. The witnesses ertamined on Tuesday might as well have been at home, ,many thing they contributed toward strengthening the It of any one of the allegations of the indictment. As ,', llo w stands, the case exhibits the sheer folly which y ll ginated the proceedings, and the cruel imposition Lractised on t h e Government b y t h ose to w h om was d oings the d u ty o f i nqu i r ing into the sayings and authorities at the m ons t er meet ings, and of reporting to the ti therities t h e resu l t o f t h e i r i nves ti g ations. The Fair has ceased to excite any extraordinary interest 7 1 9 11 d the pr ec i nc t s o f the Court. Even there, the cling which Prevails is nearer akin to the ridiculous ,the , l an , ndrntitiiei respectful. The , nnut produced by character of the questions by the Counsel the Crown, is relieved by the cross-examination of b, i , C leaned gentl e men engaged for the defence. The e e - eonstable's who were examined on Tues -4„ ' furnished rare fun for the audience. The men yildently; considered themselves as raised in the scale of in P e rtance by their elevation to the table of the Court t suche„ an occasion, and indulged in vulgar jests and tt c l l4o, oques in replying to the questions put to them by eonnsel for the traversers. They were humoured e e til .they had lost their self-command. Their crue . l e-estioners then so confused them respecting " dates, ' 1 1 ‘ , 1 4cIt es,'' " reports," and " statements," to which they th e alluded in their examinations in chief, as to involve IP in contradictions and cover them with confusion. O e effect upon the audience was too powerful to l suppressed. The Court rang repeatedly with peals t re la ughter. The counsel for the Crown interposed ifi t e lL e at l 7 to protest against the " indecency " of such .l aptionstrast •• and . Their gravity f only e htraversers eightened the effect t ' Con, ' counsel e taar.d ' to k, on being requested by the Solicitor-General ta t t au se in his cross-examination until the laughter t subsided, " Sure, then, I must wait all day." The c °ll-tt (as the Post observes)" was for some time con rted into quite a temple of Momus." All but the l a c 'tinsel for the Crown—who evidently feel that the 0 /1 4 ° 1 is against them—seem to enjoy th e scene as tote to, up for their special amusement. We should th e surprised to learn by the next post that the Attorney-General has cut short the case for Viethyrosecution. Ho must ere this have felt the utter tli e li t thi tY of attempting to bolster up his monster in • alent by such pigmy proof of its allegations as that With • et , which he has alike mocked the jury and the tli tr Y• The counsel for the defence will have little "'cult in • • wh• divesting the case of the trilling importance e ee l d , e n left to it. The solemnity of the early pro 14'11gs—the monster indictment, which when unrolled, h„easures nearly a hundred yards—the awful-looking C,, e fs which fill the bags of the counsel for the A tt wa—the twelve hours' opening speech of the p" °r ney-General, in which he pledged himself to v e against the accused parties the existence of a con taheY more fearful than had ever perilled the safety e country in any fernier times !—is there any one ti suffered himself to be imposed on by this assump nf pomp and circumstance, who does not now feel Gnat t hefease for the prosecution is a miserable failure, Ivh that it is now of comparatively little moment of g °lll l. -the jury is composed—at least so far as the result 110,; t 4 ie inquiry is concerned ? No twelve men, not of 4"vely incapacitated, mentally or morally, for the duties vtl ir Ytn, can arrive at any other conclusion than that the re e ,„ e ,ace for the prosecution has not sustained the indict We will not conceal the gratification we derive t rem y et ueatitution of all proof, so far as the evidence has tai gone, of the conspiracy, and other high crimes and d e i e ei teanours with which the indictment charges the k t htlants. That gratification does not flow from the t i nts t hat the acquittal of O'Connell and his co-defend- V Would be a triumph over Ministers, and hasten it t downf a l. It h as it s origin in a higher c l a s s of feel 4We rejoice that the efforts employed to impress kp e peoPle of this country with an apprehension that th eir conspiracy and rebellion" were! , porrupting• from th Ir allegi ance t h e p eo pl e o f Ireland,-and: that it was tis e ti r t , e fere essential to the crushing of and the ag n re ssing of the other, to occupy the country with ho troo s andto surround her shores with ships , the ° i ~ing in sight, to lend their aid in putting down r e i f ,hellio n w h en it s hould burst forth—we say, we lit -lee and who will not pa in the jo y ?) that dda so(litary instance of any rt suc p ate h disloyalty has been t aeed th roug h out t h e p en ding investigation. Every He ssti v Produced by the Crown has completely nega th tita e charge of conspiracy by establishing the fact, ts an s o far from concealing, the Repeal Association ac q Y threw open their whole system of action to the Tils,servation of all, without reference to politics or creed. d e : t tetin gs _._ large though they were, beyond all prece take were emphatically peaceable: On - the ground, the s t good humour prevailed ; the police constables in full le ste Tn passed from one part to another, perfectly umm,- aa ted by the people ; and when the proceedings termi jajtir ' the crowds dispersed without doing the slightest was Yto the person or property of any one. That there L ill tich nonsensical. bombast uttered at the meet ha'r-aull the sp ea k ers , there can be no doubt. The the gees were of the description best described by ta m a ppellation of Irish eloquence. They contained pr o Passages : the taste of which we cannot ap aeiu e , and the sentiments of which we d, cidedly con atte' They vanished into air ; and would have been vi, e r ,'Y forgotten by this time, had they not been re 4titug,. in the r eco ll ec ti ons o f t h e peop l e b y t h e in the ;ton of the ill-advised prosecutions. We believe a t 41Irish people to be as well-affected to the Throne portion o the Englis h. Had the present G- j o - attieut, when it entered upon office, adopted o a et and generous s y s t em of pol i cy i n I re l an d, 4 e prejudice with w hi c h t h e b ulk of t h e peop l e re - Rrded its return to power, would have subsided, l ! kl t tsi d the country would have been as peaceable under ttii rule as it was under that of the Whigs. An leer and. an opposite system has been adopted ; the pets of which are seen in the existing state of the - C'Ple• Sir Robert Peel has been, we believe, goaded ),„ tl h t ° the adoption of coercion and intimidation. Those °, have been impatient for the possession of those k i e u ntsive advantages, which they could not hope to ob to ? except by producing discontents which would seem eiti z Jtl etify a prejudice against their Catholic fellow eo el ls, have prevailed over his better iudgment. His 10 4 111 Pliance has already cost him much, and will, ere post him more, tro u bl e . Isi s c i l-A NDARD.—The first witness examined on the trials on Tuesday morning was John Maguire, a e tit . head constable of police, who detailed some of the oc the en ces - at th e L ong f or d mee ti ng . Il e p rove d th a t Bell p e asantry enter e d th e t own i n m ilitary array, p re - Wa s bands and bearing banners. This witness la Cross-examined by Mr. Whiteside amidst " much ,7 1 ' , ” excited appa re ntly by exceedingly little t there was no thing elicited to damage gavet ult est hnony. John Jolly, also a head constable, at ma; ver graphic account of the monster meeting kr, (j,",, 1 0w• y He repeated portions of the speech of thatk•onnen upon that occasion, in one of which the gientlernan informed the meeting that " when tar elahto„ tli ° ll was repealed all labourers would be -r s, all farmers gentlemen, and all gentlemen , eto to s of Parliament and Lords ;" adding, that. he asked the crowd to hold up their hands, h int n+ Allony that they would be ready to meet held n „a future time, a a wood of hands were te itipe e t In his cross-examination, the Learned Counsel eale, dto turn th e e v id e n ce of the witness into ridi l() b utg e , had th e m i s f ortune , not uncommon a t th e b ar , , s pee e b t ae tables t urne d u p on hi m . Th e in c idents and 3 , I le es at the m ee ti ng at Baltinglass were described rad f tl l'Y Godfr e y, a police-constable. The witness krs oh re ta a note-b oo k some o f th e remar k s ma d e by $ ho -s i n the crowd ; one of which was, " That is a a nd th at will • • anut ,_ frighten Protestants as well as pigeons , aarid er e 'er, " This is a day that will frighten Z i th e e s''----- meaning the lord of the soil. At this period re ek :tatninatio n , a question having been put by Mr. Logue a n , one of the Crown counsel, the following dia cost.t: e‘vhieh could not occur anywhere but in an Irish , nsued ' ll' '' 4 7,l . „ it4 ribbon objected to this question. It, however, was re tai k r ra which !tr ave 411N -ell (one of the agents for the traversers, who stood at T he jsheirs' side-bar) likewise objected to it but 4 r p. cane,!.,.....111.!tice know im it was not his duty to interfere. ~ , ..h`. ll l o l - 3 - , - . l u es__42 ;s ad jo t i y i , i na nt il e zv o ill ur t it. I hope, my 4111 iseiP t i;kttor ney _ General---If Mr. Cantwell presumes to conduct t o The e Z , I must call upon the Court to exercise its authority. e f Justice (who spoke at the same moment with the At -3.-01,-,,,ea1)---ft you presume, Sir, to instruct the Court in its "‘tall he removed forthwith. • • Cantwell—l am quite satisfied the Court will do its duty, isadhig kit it to qo w . be , my duty to call attention to the highly illegal and 14 eh ie 7Put by the Counsel for the Crown. ueri Justice---It is not your duty to address the Court at ever °u have Counsel." t,l , ol ‘rob or a L S _u,b - constables of police were examined, and the statements of Godfrey, respecting 'Jos't j 'll!; and the sort of remarks made by the I;`,tioa Which M`Cann, a constable, detailed a conyer -`,,lere,_ ‘, he had had with the Reverend Mr. ?; h e ld one of the traversers, respecting the meet o'L as A ugur at Clontibret, in the county of Monaghan, st t last. The Reverend Gentleman on that oc tas notated, a t t ) d, amongst other things, that " the Union, Peoplet o,,,nding Basil conscience,"that the e not be y led to spill the blood of the ~r o ss..e „ __it. n other similar remarks. The witness was 'i,letti44alined without injuring his testimony. The ~j a lite at Clontibret, and the speech of Mr. O'Neil z . tho r ,„„° ll the occasion, were proved by Mr. William ,Peet , a head-con s t a bl e . M r . J ame s Walker, a sub we or o f th rePolice, and Mr. George Despard, a magistrate, t• e hill oft:armed relative to the monster meeting at t T ara. Th e d escr i pt i on o f t h a t mee ti ng was o e ° that of the others. Mr. Despard proved that h 'r ott " ., a .. (l dressed b y one o f t h e peasantry, w h o sa id , W e wants e not the sort of gentleman O'Connell wants. 4 11 be ableen of bone an d sin e ws, like me, who , and the to do the work when it comes." He till so m saYing' " Long life to the foreigners !" hie and! ~f em cried out " Long life .to Mr. Leather ts\v,l,,,43antietnifsttb.aeLblece which the w i tness a f terwar d s was i n f orme d_ 1 1 Rollin ! Th e l ast w it ness exam i ne d Robinson, who gave evidence re -1 litit. he to that r r e n 7 i meeting, in the county of Galway, Court a d journ s d i a e t fiovet to clocker monster meetings. d f h 14 4 , tkteri,,EStTATioN OF DUDLEY:---It is confidentlydforim_ I netti at `n,lt a new writ for this borough will be move ,or t i e a Y 0 ,,T1 the opening. of the ensuing session, and the Anti -t t e se e ...:' League are actively preparing for a vigorous atternp the bo r ne the seat for a free trader. Mr. Acland has arriv f e f d ou in r lecur:Rh t he d commenced the campaign by a course Ms() e"°,l corn -laws. Several agents of the League ') are the elect tOtely at work distributing anti-corn-law tracts amongst f t's likel„°11 and no n - electors. Two candidates are spoken o *ltiellt,*; to contest the borough on the free-trade interest, and o Ned ' e t of these gentlemen snag be eventually chosen carki,: i le can promise the monopolists that they will have a Vi t Ze of no ordinary character and influence to contend ere t We shall soon be able to speak in plainer terms.— Air e' er Chrortide. Ilitil "4 a ii .rid Mrs. Wood will s h or tl y appear i n Norma, .. rant, who takes the part of Adalgisa. G..; i t COMMISSION OF LUNACY: EXTRAORDINARY- LOSS--01L.M.M1DRY..... A commission, in the nature of a writ de liwatico inquirendo, having been directed to the Sheriff of Bristol, to inquire into the state of mind of Edward Thomas, Esq., a gentleman possessing considerable landed property in the West Indies and in this king dom, and who had been much mixed up in the ques tion of Slave Emancipation, was opened yesterday, at Long.'s Royal Hotel, Clifton, before the Commis sioner, Mr. l3arlow, Queen's Counsel, and the in quiry occupied the whole day. The petitioner was Mrs. Thomas, wife of the alleged lunatic, on whose behalf Mr. Stone, of the Western Circuit, and Mr. Taddy, appeared. The property in question being very considerable, much interest appeared to be excited. Mr. Stone directed the attention of the jury to the singular description of lunacy which he should have to establish against Mr. Thomas, who was 54 years of age, and had a wife and six sons. It was well known that there were three great faculties of the mind which were liable to be attacked with lunacy —the memory, the judgment, and the imagination. In this case it was the first of these faculties which had become so much impaired as to render Mr. Thomas totally unfit to manage his affairs. While on his voyage home to England he was accompanied by one of connexions, and by various persons with whom he was well acquainted, and within a day or two of his landing in England he had completely forgotten the name of the ship in which he had sailed when he came home, where he was, or any of the friends by whom he was accompanied. On Friday last the solicitor to the petitioner had waited upon him, and read over and explained to him the day fixed for this inquiry, repeatedly named it to him, and yet within half an hour he had forgotten all about it, and addressed a letter to the solicitor, saying that he should be obliged if he could in form him the day when the inquiry would take place. The disease of the memory had also begun to affect the imagination ; he fancied himself at times in America, and at other times in the West Indies, and pretended to point out the houses, trees, and other objects which were familiar to him. At times, too, he was under the apprehension that persons were lurking about the house in order to carry him off and bury him alive. He had also a tin box in which he picked up all the old scraps of newspapers and other things about the house, and fancied that the box was of immense value, constantly kept it under his bed, and when he went out took it with him in his carriage. On general matters and abstract questions the unfortunate gentleman was a man of very superior conversational powers, so that they would have to rely on the medical testimony. The Learned Gentleman then called Mr. John Sealey, Solicitor-General of the Island of Barbadoes, who stated that he was well acquainted with Mr. Edward Thomas, and had married his niece. He left Barbadoes with him on the Bth of July last in the ship Britannia. Mr. Thomas was then in a weakly state of health, and of most decid edly impaired memory. Remembered on one occa sion his coming on deck and saying he had just been and had a pleasant excursion on shore, and on being informed that he had been at sea several days, he ap peared much surprised. Since his arrival witness had conversed with him, and he had completely for gotten his having come over with him in the ship, even when reminded of it. Witness considered him decidedly incapable of managing his affairs. Mr. Benjamin T. Bovell gave similar testimony. At this part of the proceedings the unfortunate gen tleman was brought into the room, and to a casual observer would not appear to be labouring under any aberration of intellect. When, however, he came to be tested by the examination of the Learned Commis sioner and the jurors, he fully bore out the testimony adduced as to the impaired state of his memory. Isabella White, a servant of Mr. Thomas, was next examined. She stated that Mr. Thomas kept asking her what her name was almost every minute in the day. He would also ask her to tell him where he was, and not to deceive him, as he was almost sure he was in Barbadoes. One day he thought Mrs. Thomas was going to place a keeper over him, and he armed himself with a carving-knife and two razors, which he carried about with him the whole day. lie would sometimes sit down and cry for hours, saying the learning he had had was of no use to him now. Mr. Mortimer, Dr. Young, and Dr. Pritchard, one of the Metropolitan Commissioners of Lunacy, were then examined, and gave it as their opinion, that his memory was so impaired that he was not at all capa ble of managing his affairs. The Learned COMMISSIoNER briefly summed up, and The Jury returned a verdict, "That Mr. Edward Thomas had been of unsound mind and incapable of managing his affairs since the 12th of August last. DUTCH MAIL. - THE HAGUE, JAN. 20.—The official journal contains all the laws relative to the budget of the years 1844 and 1845. The total expenditure for 1844 is estimated at 70,264,971 florins and 26 cents., and for 1845 at 69,901,143 florins and bk 7 cents. But the ways and means voted for the two years are not sufficient to cover the expenditure. The deficiency for 1844 is 5,193,707 ; and for 1845, 4,825,880 ; t0ta1,10,023,587 florins, which has yet to be provided for. In the second Cham ber of the States General yesterday, five petitions were pre vented against the proposed law for a tax on property. The Committee on Petitions brought up its report on several ad- dresses and petitions. There are two financial plans and six teen petitions against a tax on property. THE HAI.UI, JAN. 22.—The report of the central sec tion on the project of law for providing for the defi ciency of the budget of 1844 and 1845 has just been distributed among the members. Forty-five members took part in the examination of the project of law in the section. The first question was, " w hether the proposed measures would attain the object ot regulating our finances on a durable footing. to provide for the deficiency of former years, and to equalise the revenue and expenditure, so as to prevent further deficiency." This is the most important question in the opinion of the majority dttbe members, since it will depend on the solution of it whether they vote against or for the measure, the - principal justification ot which must be its pro. viding an effectual remedy for the embarrassed state of the finances. It was generally feared that it would not prove so, and many members could not conceal their apprehensions that, even allowing the correctness of the calculations furnished by the Government, and supposing that all-the estimates should be realised, there will nevertheless he a deficiency for 1846, which will call for new burdens. This deficiency is estimated by the Chambers for 1t , 46 and the following ears at 100,000 florins per annum. But in addition to this it is feared that certain branches of revenue are estimated too highly, and that some incalculable expenses have not been included. The Chamber, therefore, thinks a voluntary loan extremelydesirable. The Chamber, we observe, asked whether the Government thought it could impose a moderate duty on tea and coffee. ACADEMY OF • SCIENCES.—SITTING OF JANUARY 15.—M. Arago made a further communication respecting the comet discovered bv M. Faye, from which it appears that it is a periodical, having a revolution of six years and 200 days. A paper was received from M. Bonjean, of Chamb6ry, on the effects of the ergot of rye. In a memoir communicated to the Academy in 1842 the author had stated his opinion that the ergot is much less dange rous when baked in bread than in its natural state ad ministered in poWder, the heat and tern: station of tht baking process having the effect of changing its proper ties to a great extent. In his present communication, M. Bonjean. in illustration of the correctness of the opinion that he had expressed, relates a ease Of poisoning with bread made front rye, a portion of which had the ergot. A family of nine, lather, mother, and children, at Envers, in Savoy, had eaten in three days eighteen pounds of this bread. They were all attack, d with pains and rigi dities of a very severe charactc , r, accompanied with shiverings, but all recovered. On examining the rye, part of which had been used to make the bread, it was found to contain 14 per cent. of ergoted grain. If, says M. Bonjean, the same quantity as was consumed in the bread had been taken in powder certain deati must have been the consequence. A paper by M. Robinet, mem ber of the Royal Society of Agriculture, on the formation of silk by the silk-worm, was next read. It has been contended by some writers on this subject that the silk exists in the animal in a perfect state before it is thrown off, whilst others have asserted at it is in a liquid state in the body of the insect. M. Robinet has ascer tained that it is liquid until it reaches the capillary tubes where it becomes solidified, but the process of solidifica tion is still a mystery. CAUTION TO RAILWAY TRAVELLEBS.—Great ex citement prevails in this vicinity from a report being prevalent that James Ford, who is a very steady sort of person, has lost money to the amount of 1101., while returning home from Lon don in the train on the South-Eastern Railway on Friday evening. James Ford is a jobbing carpenter, and by the will of a relation he became entitled to the above-named sum of money. His attorney in London having written to say that the money was ready, Ford went up on Friday to receive it himself, countryman-like. He received a cheque from his at torney to the amount of 110/. Having inquired his way to the Bank to get the same cashed, he returned to the Borough with the money in his pocket, namely, 70 sovereigns and four 10/. Bank of England notes, since ascertained to be the following numbers, 24,985, 86, 87, and 88. He was accosted by a per son with the garb and appearance of a countryman, who in course of conversation asked Ford to drink with him, saying he wanted to get a little business in Kent. A third person " dropped in," whom the polite inquirer addressed as " Squire Jones." They all drank together, and parted. Ford repaired to the railway station, where two persons took their seats be side him, and lett him at Reigate. When Ford got home to his cottage at Brenchley, after supper he prepared to spread the table with sovereigns, but to his great consternation his gold had been turned into coppers, about 2s. worth of which he found in his pocket, tied up in paper. He remembers some confusion in the Versthata tunnel, where he thinks the robbery took place.—Maidstone Gazette. • COURT OF COMMON COUNClL.—Yesterday a Court was held for the dispatch of public business. After the annual election of the usual officers appointed by the Court, a discus sion of considerable length took place, upon a reference re specting the standing orders. Upon the motion of 11r. Ashurat, a Committee was appointed in relation to the power of com pelling traders within the City to take up their freedom. The Committee will commence the inquiry into this very important and interesting subject with all possible expedition. The Chairman of the City Lands Committee presented a Report, on the Report of the City and Bridge-house accounts to the Common Hall, on Midsummer-day last. We regret we have not space for the Report, which was unanimowly agreed to by the Court, and the Remembrancer was ordered to prepare an act of Common Council accordingly. The Chairman of the City Lands Committee brought up. a Report relative to the performance of additional works at the Sessions House, in the Old Bailey, in order to afford increased convenience to the public. It recommended that the lowest tender, that of John William Cartwright, at 6871., should be accepted. After some discus ion, the Report of the Committee was agreed to, and the Court adjourned. The Dowager Princess of Ilohenlohe died on the 10th instant, at the Chateau de Kapferzell, in Germany. LAW INTELLIGENCE. VICE-CHAATCEI: 1' Jar. 25. IVARNE - V. Durill'g the argunu,nts, Mr. W AKEFIELD objected to the case proceeding, as he was desirous of answering certain affidavits, which had only been filed yesterday, reflectinff on the character of some of the witnesses for the defendant. _ _ _ The COURT ordered the motion to stand for Monday. WARNE V. GOLDING. Mr. STUART applied in this vcase on behalf of the de fendant, who carries on business at 23, Ludgate-street, for the .dissolution of an injunction, restrainirg him manufacturing or selling any antigropaluses in imitation of those qnanufactured by the plaintiff. The COURT, after some considerable argument. ordered the injunction to be dissolved. Mr. BETHELL then applied upon another motion in the same cause to commit the defendant to the Queen's Prison for a breach of the injunction, between the time of its being granted and notice of the intention on the part of the defendant to apply to dissolve it. The COURT refused to make any order upon the motion. COURT OF COMMON PLEAS, Jan. 25. LORD W. PAGET V. THE EARL OF CARDIGAN. Mr. Sergeant CxANNELL moved fora rule to show cause why the defendant should ❑ot have judgment, as in the case of a nonsuit. 'f he action was brought against the defendant for an alleged act of criminal conversation with the plaintiff's wife, and the cause was set down for trial at the last Guildhall sit tings, and was specially fixed for Friday, the 22d of December last. A few minutes before the Lord Chief Justice came into Court the record was withdrawn ; and it will not have been forgotten that Lord William Paget addressed on the same day, to the leading Morning and Evening newspapers, copies of a letter which he had forwarded to Lord Cardigan, charging him, in terms so coarse and violent, that it was considered necessary to suppress the greater portion of the letter, with having bought the plaintiff's principal witness, Winter, who had sud denle disappeared from the Guildhall, on the morning appointed for the trial. In support of the present motion, affidavits were made by the defendant, his attorney, Mr. Powell, and the clerks who had the conduct of the cause, stating, in the most positive and unqualified terms, that neither he nor they were, directly or indirectly, concerned in procuring the absence of Winter.—Rule nisi granted. POLICE INTELLIGENCE. CLERKEN WELL. FRAUDULENT PERSONATION OT A POLICE OFFICER.— ATTEMPT TO BRIBE A MAGISTRATE'S CLERK. —William Taylor, a furniture dealer, residing in Turnmill-street, Clerk enwell, was finally examined on a charge of falsely and fraudu lently personating a police constable of " the detective force," under circumstances of a very aggravated nature. Mr. C. Btoddart appeared for the prisoner. Police-constable, 243 G, deposed that on Sunday morning last, between twelve and one o'clock, A.M., he was on duty in Cross-street, Hatton-garden, when the prisoner addressed him, saying he was an officer of the detective force, and that he could produce his authority, at the same time drawing from his pocket a pair of handcuffs. The prisoner then went to the beer-shop, No. 26 in the street, and knocked at the door. He was not admitted : and then requested witness to come to the door with him. Witness consented. They knocked at the door, and were admitted. When the prisoner entered the shop, he said, " I am an officer of the detective force." Mr. GREENWOOD—Did he mention the name of the divi sion? Witness replied in the negative. The prisoner was given into custody by the barman. Wm. Clarke deposed that he was acting for Mr. Hayes, the landlord, on the night in question, who lay in a room adjoining the shop dangerously ill, from a concussion of the brain. The prisoner had twice ineffectually attempted to obtain anmission as an officer of the detective force, but as the house was closed witness refused to admit him. H ei was admitted subsequently at the instance of the police officer. He wanted drink, which was refused. He then said he wanted to search the house. Witness directed the police officer to do so, and he did search it, even the room where the sick man lay. When asked for his authority, the prisoner produced a pair of handcuffs. His manner was boisterous and insolent. Witness at last gave him into custody. Mr. Joseph Liddell deposed that he was in the house on the occasion referred to. Had been sent for, as it was expected the landlord would have died on that night. The prisoner was very noisy, and witness begged of him for God's sake not to dis turb the sick man, but the prisoner jeeringly said, " The sick man should have the physician before the undertaker." Mr. GREENWOOD—Are you an undertaker ?-ed am. When the prisoner wanted to have the house searched 1 directed the officer to do so, lest Mr. Hayes might be disturbed. Inspector Penny deposed that the prisoner was not a member of the metropolitan police force, detective or otherwise. Mr. Stoddart said the prisoner had been in the Birmingham police force, and had been sworn in a special constable for the city. The prisoner had freequently assisted the police in de tecting thieves. He was not sober oa the night the offence was commit ted. Mr. GREENWOOD said, upon the previous occasion the pri soner had produced a document purporting to be his warrant to act as a police-constable of Birmingham for the year 1643. The paper, on inspection, turned out to be an ordinary notice to appear at special sessions in 1841, and of course no authority whatever. If he had been a policeman, the fact would have rather aggravated his offence. Prisoner—l went tothe house on scent for a thief. Mr. GREENWOOD—You had no warrant or authority what ever. The law very properly looks upon this as a very bad offence. After commenting on the impropriety of the prisoner's con duct, the Magistrate sentenced him to pay a fine of 51., or a month's imprisonment. Mr. Mould (the junior clerk) said, that in the early part of the day Duke, the usher of the Court told him that the pri soner wished to speak with him in private. He replied to the communication that he did not wish to have any private inter view with the prisoner. When he (Mr. Mould) came into Court, during the momentary absence of the Magistrate, the prisoner whispered to him, saying that he understood the clerk had great influence with the Magistrate, and that if he (Mr. Mould) would exercise that influence in his favour, he would reward him handsomely. The proposal was indignantly re jected, but he did not consider it right to communicate the matter to the Magistrate until the ease was disposed of, lest it might create an unfavourable prejudice in his Worship's mind. Mr. GREENWOOD told the prisoner it was a most audacious proposal, and one for which he might be prosecuted at the Old Bailey, and if convicted severely punished. He would recom mend Inspector Penny to communicate the affair to the Com missioners of Police, who would say whether er not it was a case for prosecution. Inspector Penny having taken down the clerk's statement, promised doing so. The prisoner said he had not then the money to pay the fine. He was locked up. WORSHIP-STREET. Yesterday John Davis, alias James Blythe, Henry Robin son, and George Hirt, whose former examination for extensive burglaries, committed in the premises of wholesale firms in the City, have lately appeared in our columns, were brought be fore Mr. Bingham for the completion of the former charges, and to answer a fresh charge of burglary, committed in the warehouse of Messrs. Wood and Co., warehousemen, in Red Lion-court, Watling-street. The substance of this last charge was this :—Mr. Robert Oakley, Messrs. Wood's chief clerk, and who, with his family, resides on the premises, west carefully over the warehouse at twelve o'clock on the night of Monday, the 27th of November, and examined all the belts and fastenings, which he left secure ; but at five the following morning he was rung up by James Brett, a City policeman, who on passing the door had found it open. As there were no marks of violence on the warehouse door or shutters in the lower part of the house, the upper part was examined, when one of the attic windows was found open, a corner of one of the panes, large enough to admit a man's arm, having been cut with a diamond, and an entrance ob tained here from one of the adjoining houses, as in all the other burglaries wiih which the *prisoners have been found to be connected, and the premises quietly quitted by the usual means of egress. On examining the warehouse it was found to be completely ransacked, and a large amount of property carried off by the burglars, amo ng which was a quantity of plated articles from the private atoartments, the whole robbery being so quietly effected that not a single member of Mr. Oakley's family was disturbed by the thieves. The prisoner Davis or Blythe, it will be recollected, was detained and given into custody by Mr. Sowerby, a pawn broker in Shoreditch, while offenn g as a pledge a handsomely worked silver snuff-box, part of the produce of an extensive burglary committed on the pretnises of Messrs. Riley and Storer, silversmiths, at the back: of the Goldsmiths' Hall, and which forms one of the present charges against him, and on Taylor, an officer, searching him, addition to a second snuff box of the same description, and. a quantity of duplicates, three small gold seals were found in tote of his pockets. Three seals were now prodneed, and sworn to by Mrs. Oakley, the wife of the first witutes s, who had used them only a few hours before the burglary was committed, and placed them in her writing-desk, which rshe had left is a parlour in the upper part of the house, but -which desk was found in the morning on the basement story broken open, and its contents strewed about, the seals having been abstracted. The prisoner Davis had dealt for clothes with a tailor named Davies, residing in New Union-sereet, Little Moorfields, and between nine and ten in the mos , ning of the 11th ult. the pri soner called at Davies's house &wing his absence from home, and, producing a large brown paper package, requested the wife's permission to leave it wit b - her till he called for it. She consented, and heard nothing further of the prisoner for a fortnight or three weeks afterw arcis, when she read an account of his examination at this Court on the other charges ; and becoming alarmed lest she sho old become implicated with him, she broke open the pairs :el, and found its contents to eons'ist of part of the property above described ; and being satisfied it was the produce of t .nother robbery, she repacked the parcel, directed it to the P'ol. ice-court, Worship-street, and carrying it over the water, sen.t it to this Court by the Parcels Delivery Company. The depositions being there taken by Mr. Vine, the chief clerk, all the prisoners were iftt4lly committee' to Newgate for trial, Hirt on one charge of r eceiving, and Robinson upon three, and Davis upon five cha el ;es of burglary. STAMPED AND UNSTAMF ED PUBLICATIONS.—There are a great number of weekly p üblications, as our readers know, of which there are both a stair p ed and an unstamped edit ion. We understand that the newsmei a have experienced great inconve nience from this circumstan. te, and the revenue has suffered a loss. Very frequently it hal 5f `ns that orders are sent from the country for copies of these publications a few days after they are issued, when it is generall: found that the stamped copies are all exhausted. The ensure .ner will not pay postage, and he cannot therefore be supplied at . all. The proprietor of the pub lication and the newsman be ,th lose a cnstomer. To remedy this, a wide-awake newsman suggested to the Post-office that it should allow the unite mped copies of these publications, which, when stamped, are sent free, to be transmitted by the Post-office on applying b ) each copy a single penny-postage stamp. It was represente dto the Post-office that by so doing the sale of these publieati ons would certainly be promoted, and the revenue, as well as Lie individual, be benefited. The Post office, however, returmes I a very positive refusal, and peremp torily declined to ado' 4 the suggestion. An Administration seriously bent on mr.l , ing the Post office the means of the greatest possible good., would, we think, have adopted the sug gestion and been th difful for the discovery of any means to make the Post-offic.r , at once more useful and more productive. - _ DESTRUCTIVE FlRE.—This morning, shortly after one o'clock, a rapi( Ji y destructive fire broke out on the premises belonging toMr. H.r iughton, straw-bonnet manufacturer, carry ing on an extens . iv' ;; business at No. 40, Whitechapel-road. The fire when first perceived, was raging furiously in the lower part of th, bu ilding. Several of the brigade engines were with all pr‘ 3my ititude on the spot, with the West of Eng land one, all of w A. were set to work, and a vast column of water was poured r ipon the fire; notwithstanding, the firemen could not get ti - conflagration under until the premises were, for the most part with their contents of stock-in-trade and furid ture, consumed.. he total loss must be very heavy, and will fall upon the West t if England and Phoenix Fire-offices. Nothing could be aster i .ained as to the origin of the fire. Besides the destruction of Mr. Houghton's premises, several other buildings in the immedi s te vicinity are damaged by the fire, water, &c. After th D present engagement of Mr. and Mrs. Wood at the Princess's theatre, Madame Thiellon, who has caused such peat sensation in Paris, will make her first ap pearance in this country, in Auber's celebrated opera of the Diamans d ; ; I ,a Couronne. THE SUN, LONDON, PR. DAY ES ENI JANUARY 26, 1844. IRELAND. THE STATE TRIALS. NINTH DAY-BY EXPRESS. (FROM OUR OWN REPORTERS.) DUBLIN, WEDNESDAY, JAN. 24. COURT OF QUEEN'S BENCH. THE QUEEN V. DANIEL O'CONNELL AND OTHERS. The Lord Chief Justice, Mr. Justice Crampton, and Mr. Justice Perrin, took their seats upon the Bench at ten o'clock precisely. The traversers ar.d jurors answered to their names. The Clerk of the Crown—Direct the Crier to call Samuel Maun,ell, of 42, Leeson-street. The Crier called Mr. Maunsell three times consecu tively, but there was no reply. Mr. Henn, Q.C., rose and said that he appeared on behalf of Mr. Maunsell, with whom he had an interview that morning, and who assured him that he had not been apprised until a late hour on the night preceding that the Court had intimated any desire that he should be in at tendance. He promised, however, that he should be in attendance punctually at the sitting of the Court, and he (counsel) did n ,t know to what circumstance his ab sence was to be attributed. Mr. Maunsell requested him to address their Lordships on his behalf, and to state that it was not his intention to attempt any justification for the letter which he had yesterday written, but to assure the Court that it was written at a thoughtless moment, and under feelings of great excitement. He had also ex pressed a wish that he might be permitted to make an affidavit explanatory of the circumstances under which the letter had been penned, and was anxious to know whether, after the making of such an affidavit, the Court would be satisfied with the expression of his regret for what had occurred ; but he (the counsel) had told him that it would be much better fer him to attend the Court in person, and thus ascertain their Lordships' feel ings on the subject. He concurred in the propriety of this suggestion, and after again expressing his regret for what had occurred, had distinctly promised to attend at ten o'clock. Judge Crampton—lt is very possible Mr. Maunsell may be here by and by. It is only ten o'clock. The Chief Justice—l trust he may be in attendance, and I am very happy to find that he has had the good sense to place himself under Mr. Henn's directions. I trust that he now sees the impropriety of his conduct, and understands the predicament in which he has placed him self by writing a very improper letter to the High Sheriff in the execution of his duty, thereby offering an affront to a public officer, and committing at the same time a very gross contempt of Court. Mr. Henn—l do not intend to make any excuse fer Mr. Maunsell's conduct, my Lords ; and all can say in ex tenuation, is what I have already stated, that he wrote the letter under great excitement. Your Lordships are aware that the letter had no connexion whatever with the present trials. Chief Justice—Oh, none whatever. James Healy, a police-constable, examined by the At torney-General—Was at the meeting which took place at Mullaghmast on the Ist October last. Came from Cork there. Can calculate on the numbers that were at the meeting, and thinks there were about 250,000 per sons there. Chief Justice—How many?—About 250,000 ; was in several parts of the field, and along the road. There were several bands came before Mr. O'Connell arrived, in a boisterous manner. and were screeching, driving all before them. The bands which preceded Mr. O'Con nell were in the greatest order and regularity. The bands came from Carlow and Kilkenny side, and from every direction. The principal portion of the people came through the long avenue. Can posi tively say there were about 30 bands there. Some of them were dressed in military uniform. Some of them had caps like Hussars, at least they resem bled them very much ; saw documents handed about there amongst the people ; saw this (a document) handed about. It was purchased by a constable. Pur chased one himself for a penny, though the price was only a halfpenny.—( Laughter.) Mr. O'Connell—That was very generous of you. Witness—Saw thousands of such documents distributed about the field, but the people were more attentive to Mr. O'Connell's speech than they were to the papers at the time. Tole up the paper which he bought. Saw this one purchased by i ohn Dennehy, a sub-inspector of police. Thinks the papers he saw distributed were the same as this one ; he read it twice ; they were distributed about from early on the morning till night fall. Saw Mr. O'Connell and Mr. Steele there. They arrived about three o'clock. Saw a great many persons with labels on their hats. They were cards, with the worth " O'Connell's police." They had pieces of tim ber, five or six feet long in their hands. Those pieces were not thick ; they were like wands, and quite small. Saw flags and banners there. One of the banners had the words "No Saxon Threats" (the manner in which the witness uttered the word Saxon elicited a shout of laughter as he pronounced it Soch-son); another had the words "No Irish Slave—No Compromise but Repeal;" it was a large flag ; I think it was the Castlecomer fide that had it ; I was informed that the Castlecomer colliers were there ; heard persons say so at least. Mr. Macdonough—Don't mind what you heard any one say. The witness, in continuation to the Attorney-General, said—There was another flag on which was written, "The men of the border counties greet O'Connell with a Cead Mille &Alia ; saw several flags with the word Repeal on them; one had—"We tread the land that bore us ; ' does not remember anything else on that flag; saw another with " The Queen, O'Connell, and Repeal" on it. There was another flag on which was "Ireland dragged at the tail of another n ation."—(Laughter.) Attorney-General—What, witness ?—"lreland dragged at the tail of another nation."—(Loud laughter.) A Juror —Say that again, Sir ?—(Laughter.) Witness —"lreland dragged at the tail of another nation." Attorney-General (looking very sharply at the wit ness) —Are you sure that was it ?—Yes, Sir, " Ireland dragged at the tail of another nation." Observed one flag attached to a private carriage, with the words " Repeal, and no separation." There was another motto—" Mullaghmast and its martyrs—a voice from the grave" -- (Laughter)—there was another representing a dog with a harp, and something I cannot well describe before him, like a tree without branches, and lions or dogs looking up, and underneath it was written— " No Saxon butchery shall give blood gout for a repast ; The dog is roused and tr eac h er y ex p e lled from Mul laghmast." There were some other mott oes i n th e pavilion, but d id not think it necessary to tak e th em , as th e y were of no consequence. The words G o d save t h e Q ue en ;" or " the Queen God bless her," wer e t h ere a l so . Mr. O'Con nell arrived about three o' c l oc k. The platform was occupied for about two hours. The people did not all go away after the meeting broke up. Some of them stayed there until near morning. Heard no obser vati4ns a mong the people except shouting for Repeal and Old Ireland, or w .rds to that effect. Cross-examined by Mr. M`Donough—You heard no expressions among the people, except those you stated? —No. You mixed among the crowd very much that day in the discharge of your duty ?—Very much. And very minutely and attentively observed what was going on?—Very much so. You listened attentively to what was said?-1 did. You mingled with the groups of people, and attended to what they were saying ?—Anything I could see or hear I noticed it. And all you did see or hear them say or do was to shout for Repeal and Old Ireland ?—That's all. Although you were there from eight o'clock in the morning until next morning ?—Yes, I was there the evening before, and all that day, and up to eleven o'clock at night. And you were sent specially to Cork for that pur pose. 1 presume it was because you w ere a stranger that you were selected ?—That may hav e been the rea son, but I can't say. Now, as we have what you heard, I wa nt what y ou saw. Was not this a very peaceable assembly ?—la deed, it was very much so, as far as I saw. No riot or breach of the peace?—All was very quiet in that respect. There was nothing wrong that I could either see or ascertain. When you told the Attorney-General that parties re mained there at night, did you mean to convey that they remained for the banquet?—Persons remained in tents and places enjoying themselves. In peace and quiet ?—Yes, in peace and quiet, as far as I could see. You stated that you saw bands coming from the direc tion of Carlow and Kilkenny. Do you know if they were temperance bands think they were. have seen several of Fath er Mathew's processions ?—I Now, as you are from t he south of Ireland, y ou must did, a great many of them. There were temperance bands at the processions ? There were. How many bands have you seen at one of them ? More than there were at 11.1ullaghmast ; a good many more. How many ?—I counted forty-five bands at one time at the great temperance procession, in Cork, on Easter Monday. And about how many persons do you suppose were there?--I suppose about 300,000. Were the temperance bands who were with that meet ing of 300,000 persons in uniform ?—Yes, some of them. Had they flags or banners? —A very few, and they were small ones. I presume they bore inscriptions ?—They did, but they were all connected with the temperance movement. Those processions are, I believe, common in the south of Ireland?—Very common. Have you been long in the constabulary?—Nearly twelve years. Have the people improved in their habits in conse quence of the temperance movement?— l should say they have. Very much so?—(After a pause.) In point of drunk enness, there's a great improvement among the people. --(Loud laughter.) 'Were you at the great pro cession at N enagh ? — I wa s not. When the bands were coming to the ground from the direction of Carlow and Kilkenny how did they come? —They appeared to be very wild and tossed all before the W m el ; e —i u ( s ine of the people that they t osse d b e f o re them. But wasn't that all from hi g h fun ? — lt was. o vv,a. Mr. O'Connell (to Mr. Hatchell)--Ask him did they injure anybody. Did they injure anybody ?—Not that I could see, except to knock down a couple of gingerbread stalls. Were there any persons there disposing of these things ?—Several. Were there many people selling gingerbread ? , Yes, and grog, and coffee, and other eatables of that present to distinguish the cards distributed at the Asso ( sort?—(Laughter.) elation from those distributed at the meeting. Suppose the i)ed ony of the_pe? le who sold these papers documents were not p rinted b y the order or with the know flat you- bought one of P .- -L - No, ledge —of the -Association, then it -was competent for the They were sold, and not circulated gratuitously among traversers to rebut the evidence, and produce the printer who e people ?—Yes. , did print them, and let him say for whom they were executed. You did not perceive any one giving them away for He contended that the evidence could not be refused, as it was given as part of the res gestce of the case, and that the docu nothing ?—I did not. ments were circulated by the Association. The documents I suppose in these large assemblies in the south of I were circulated by the Association at the meeting, because the Ireland, you have frequently seen persons hawking two hundred and fifty thousand persons who composed it could about ballads, and selling them ?—Yes. not hear all that was said by the speakers. He, therefore, Don't they usually take advantage of these large under all the circumstances, submitted that the document must meetings, and hover about the precincts of them, to sell be used in evidence, and let the jury set what value they might these ballads 2-1 should think so. on it afterwards. They hover about the outskirts of a meetings, and en- The Chief Justice was of opinion that the document should deavour to retail these things for profit ? Every be admitted on evidence, but he did not say what effect it would have as evidence. At the same time, he thought it ought to place where they think they can make sale of them, be laid before the jury, and let it form a part of the case And I believe at assizes, while the judges are sitting or, which they were ultimately to give their judgment. Mr in the criminal courts, these ballad-singers are generally Moore ndAlr han objected to the admissibility of the to be found in the vicinity of the courts ?—I have seen document on different grounds; but he would not say they did them there. agree on both grounds of objection. However, it was to Mr. With respect to the persons that had on their hats the words Monahan's argument he would at present direct his observations " O'Connell's Police,' I ask you as a fair and honest man, and consideration. Mr. Monahan said it could not be proved upon your oath, did not those people contribute to the pre- that the document was circulated with the consent of the par servation of the peace and order ?—Saw them exert themselves. ties, or with the views of those who called the meeting, and, That is no answer—Did they clear the platform ?—They therefore, it could not be admitted as evidence. Let him see may have intended to keep the platform clear, and to keep how the case ease stands ; he supposed that nobody would deny jury order about it; heard a man named Walsh give instructions to that evidence was already before the Court and of the the people to keep order and quietness about the platform and existence of the Repeal Association, which consisted of a pavilion. great body of persons, who had assembled from time to Were they peeled wands they had in their hands ?—The time, and held large meetings ; nobody would deny that. It sticks they had were smooth, anti very slight. could not be denied that the leaders of that A ssoc i a ti on were They were not pieces of timber ?—They were pieces ol in the habit of knowing where such meetings were held, timber. and that they were called by the authority of the Asso- Oh I they were of course made of timber, but they were ciation, of which the several traversers were proved to be not what you called on your direct examination pieces of timber. members. In furtherance of the objects of the Association, The Attorney-General—That was not what he said, and for the purposes of those meetings, the practice was, Mr. M'Donough—l beg your pardon, I insist lam right; he for some time before the meetings, to publish the called them pieces of timber, and then went on ; but it is of fact. It was deemed advisable, before the meeting at no consequence. Mullaghmast, to have a great monster meeting, or provin. Were you here on the entry of George the Fourth into cial meeting, or, as it was called, the Leinster Declaration Dublin ?—I was not. for Repeal, and this was done, and the meeting was called by You were at the Mullaghmast dinner?--I was, but not all placard to assemble on the Ist of October, at Mullaghmast, the time. and that place was accordingly appointed as the scene of that One of the mottoes, you say, was, "No Soxon—eLaughe great monster meeting, and it should be recollected the plan ter) butchery shall give blood-gout for a repast ?—(Loud was so appointed before the Ist of October, the derf on which laughter.)—Yes. the meeting was held. It was in evidence that instructions There was something better for repast on that occasion, I were given to Mr. Brown, the printer of the Association, by believe ?—Some appeared not to be satisfied ; the dinner the secretary of the Association, to print and publish a nums appeared to be rather short. ber of advertisements calling that meeting, and that such in- You say another motto was—" Ireland dragged at the tail structions were complied with, and the advertisement was cir of another nation."—That was the purport. culated. That placard called a meeting of the province of Mr. M'Donough—A good heavy load she would have, would Leinster to assemble at Mullaghmast on the Ist of October, she not? and Mullaghmast was the place named by the parties call- Mr. O'Connell—And a strong tail.—(Laughter.) ing the meeting. The people called on to attend that Witness—There was a private carriage in the procession. meeting got a very significant hint of what they were called Did you take down all the mottoes did not. together for, as it was stated at the foot of the advertise- Why did you not take them down ?—Because I thought it merit, " Remember Mullaghmast." That was to bring the was no consequence. matter to their recollection. They had it in evidence Perfectly harmless ?—Quite so. that Mr. O'Connell attended at the meeting, and ex- Not material ?—Just so. plained very fully why the scene of the meeting was chosen Therefore you did net take them ?—Just so. at Mullaghmast. Mr. O'Connell made two speeches—one The witness then left the table, in the morning, and one in the evening, at the banquet. The Attorney-General called on the Clerk of the Crown to Mr. Barrett, another of the traversers, was there, and also read the ballad that was circulated at Mullaghmast. made a speech, and both the traversers stated that Mullagh- Mr. Moore said the evidence of the last witness, as he un- mast was chosen for the meeting for a particular purpose, derstood it, was this, that there were papers distributed or sold and that it was done firmly and deliberately, and chosen in the course of the meeting ; that he himself purchased one before hand. It should not be forgotten again that which he had lest ; but he got the docement in question from the people were called on to remember Mullaghmast. another policeman, with a mark upon it. Under those circum- What was Mr. O'Connell's object in fixing on Mullagh stances he did not consider that document admissible. mast as the place for the meeting, but to bring to the re- The Solicitor-General said the witness saw the other police- membrance, and perhaps to the feelings of those assem man pat a mark upon it. bled, the scenes alleged to have taken place there in former The Chief Justice said Mr. Moore was not acquainted with times ? Whether that was likely to produce excitement or the entire of the witness's evidence. not he did not say ; but one of the i easons given by Mr. Mr. Moore said he had been out of Court during a part of it. O'Connell himself for assembling there was to bring to the Mr. M'Denough said they had an additional objection. recollection of the meeting the treachery and cruelty of the They contended upon the evidence that that document was Saxon race, and the want of safety there was ha dealing with net receivable. Very great latitude had been allowed in them. The people then were invited to come to Mullaghmast cases of conspiracy where it was fa'r to be inferred that the as a provincial meeting, and consequently a very great one, and distribution of the document was in furtherance of the common the invitation or summons to them was given expressly by the object, and by some of the conspirators; but he (Mr. M'Donough) Association through their officer and secretary, Mr. Ray, and had never heard, and he apprehended there was no authority the cards were printed by Mr. Brown, the printer to the Asso to show, that where it was preyed, as in this case, that in this ciation. Now, where Mr. O'Connell and the Association took vast and peaceable assemblage, persons either hovered about the upon themselves to collect the people together, in such crowds, skirts of the meeting, or mingled with the crowd for the purpose to the amount of 250, 000, it was worthy of consideration to of selling badatls ; persons who were preyed to be in the habit of say whether it was not an illegal act. He would not say watching large meetings toget an opportunity of selling their bal- whether it was or was not, but he said that those who lads or songs,—it would belunjust in the last degree to inculpate ventured to collect the meeting, must abide the consequences those who took no part in their sale, and never sanctioned of their own act as to what was done connected with the meet their being sold or distributed. There was not the remotest ing. There were 250,000 persons assembled together at Mul connexion between any of the traversers, or the parties who laghmast. The first thing done was the handing about a paper convened that meeting, or who held that meeting, and the purporting to be a full and true account of the dreadful slaughter ballad sellers, and the witness upon his examination admitted or murder at Mullaghmast on the bodies of four hundred that the people paid more attention to the speeches of Mr. Roman Catholics. Whether this was given away as a donation, O'Connell and the other gentlemen than to the ballads. Those or whether it was sold, did not appear to him to be of much ballads were distributed by sale amongst the people, not as the consequence. Their being circulated and distributed over the act of the persons connected with that meeting, and he would field was a necessary consequence of the assembling of the submit that, under the circumstances, the document in ques- people at the place to hear and receive a history of what had 'Da tion was not admissible. curred before Mr. O'Connell addressed them on the subject. The Attorney-General said there was no proof that ballads He could not pass ever the fact that Mr. O'Connell, in the of that description were in the habit of being sold at large two speeches which he made, and Mr. Barrett, in the one assemblies. which he made, drew a picture of what had occurred at Mul- Mr. M'Donough contended that the witness on cross-exami- laghmast similar to the one presented for sale to the people. nation alluded to a temperance meeting consisting of 300,000 They all concurred in their representations of what took place persons, and admitted that ballad singers were there distribut- three hundred years before, by those who were of Saxon con ing their ballads. nexion—the treachery and cruelty they practised, and that The Attorney-General said there was no evidence of ballads they could never be trusted again. So far, therefore, from such as the one in question being sold at that temperance being unconnected with the professed object of the meeting, meeting. it seemed to him to be intimately connected with it; and it Mr. M'Donough admitted that that portion of the evi- would be impossible to call the attention of the jury from the deuce did not include this particular document. It was fact that 250,000 persons were assembled together by adver not for him to say what evidence would be adduced by the tisement ; and it would be for them to say whether the history traversers, in reference to that ballad ; but they had the of the slaughter or murder said to have taken place was not evidence of Mr. Brown, the printer, the authorised agent of connected with that meeting. He had not, therefore, the the Association, to show that he never printed anything of the slightest doubt that the objection to the evidence ought not kind, and that such a document was never put into his hands. to be allowed, and that the document was admissible in evidence. Besides, they haul in evidence that these ballads were sold ; and, Mr. Justice Crampton said he was of the same opinion, that was it not in accordance with their knowledge of probabilities the evidence was admissible, his reasons for which he should that, if those ballads were sanctioned by the traversers, they state very briefly. It was admitted on both sides that the would have been distributed gratuitously? How monstrous document was one of importaace, but whatever the nature or would it be if, at the vast temperance assemblies sworn to by character of the paper was, it appeared to him it could not be the witness, some person in that crowd sold ballads, and that rejected a 3 evidence. With regard to the objection urged Father Mathew was to be put on his trial for those ballads, and against it, it must be clear the meeting at Mullaghmast was one tales of ancient history were to be given in evidence against of the overt acts in the indictment, and the acts and declarations him? If such a doctrine were admitted it would be in the of all persons who formed that assembly became, therefore, of pee er of any designing person to convert a perfectly legal as- importance to consider; prima facie all persons there be sembly into an illegal one. longed to the meeting, therefore every person might disconnect The Attorney-General quoted the King o. Hard, to show himself from it by evidence. The act and declarations of one be that the ballad was admissible in evidence. What was the came the acts and declaration of all, if they were considered to ev idencc at present before the Court ? They had it proved act in concert, and therefore it was that what was said by one by Mr. Hughes that Mr. O'Connell at that very meeting at in one part of the field, though it might be a quarter of a Nlallaghreast said that "he had chosen it (meaning the Rath mile off, became evidence against the other who might be on of Mullaghmast) for an obvious reason—they were upon the the platform. Here was an assembly for the purpose of dis precise spot on which English treachery, and false Irish tree- cussing a particular thing, and a paper was distributed by chery, too, consummated a massacre unequalled in the crimes thousands amongst the assembly, and what upon the face of it of the world." He said, that was a fit place, in the open air, did it purport to be ? It drew particular attention to the place to assert their determination not to be destroyed by treachery ; of meeting. Now let him suppose, as put by the Counsel for and that while he lived they Lever should. That the meeting the Crown, that some person in a different part of the field was not held there by accident but by design, and that where read out this paper aloud, would any one contend that it could his voice was then ra i s ed th e yell of dispair was once heard not be received in evidence. No doubt it would be so re from the victims who had fallen beneath the swords of the ceived. He was of opinion from the beginning that that ob- Saxons, who delightfully ground their victims to death. That jection was perfectly untenable. three hundred unarmed men were slaughtered in the mer- Mr. Justice Perrin said that it appeared in evidence that riment of the banquet, leaving their wives and children to from morning till night (these were the words of the witness) drop useless tears over them. This (continued the Attor- several persons were engaged in circulating—in crying about nev- General) is the contents of the old Irish history, through the meeting, those documents—that was publicly which was printed and circulated at Mullaghmast. Mr. stating the substance of them, and no person interfered to pre- O'Connell could not be heard by 300,000 men ; but it was vent, or repress, or stop them. He did not say to what effect proved that the contents were spoken at the dinner in the the evidence would be; all he said was, that under those cir pavilion. He (the Attorney- General) for that reason proposed cums tances it was im p o ssible to exclude that evidence. He reading it. It had been circulated amongst the hundreds did not mean to say that it would go to affect the Association, of thousands who co u ld n ot hear Mr. O'Connell, but could or to connect it with them directly, but that was a matter for read it. The " Voice from the Grave " was also used at the the jury to decide upon ultimately, considering the evidence Pavilion, sand it was clearly admissible in evidence. A for and against the prosecution. distinction had been taken that it was inadmissible be- The document was then handed in and read. It purported cause it had been sold ; but surely it was not because a to give " a full, true, and accurate account" of the terrible penny or a half-penny might have been got for it that it was massacre of four hundred Irish Catholics at the Rath-more of to be rejected. There never was a case where the admission ofsuch Mullaghmast. The first paragraph contained a statement of evidence was of more importance. It was circulated at a meeting the cruelty committed on the occasion referred to, and pro assembled for the purpose of creating discontent and disaffection se eded to g ive a n extract from Taaffe's History of Irelan d, amongst her Majesty's subjects. The slaughter committed 100 wherein the massacre was described as occurring during the years ago, was, for this purpose, revived in the minds of the reign of Queen Mary. Some comments followed, wherein people by this " Voice from the Grave," combining all these Mary was designated as Bloody Mary. The document con circumstances together, the documents were clearly fit to he eluded by giving a summary of different authorities as to the given in evidence. He put it in evidence to show the mode date of the massacre ; and the author, having satisfied himself adopted of circulating such sentiments among the people, and that it occurred during Mary's reign, proceeded to show that relied as an authority upon the case of the King v. Hunt. He whether Catholicism or Prote'tantism were triumphant in concluded by saying, that it was for the Jury to consider how England, Ireland was always treated by English rulers with far Mr. O'Connell and the other traversers were connected equal barbarity and treachery. with its distribution. Mr. Whiteside applied to have a copy of this document fur- Mr. Monahan (for Mr. John O'Connell) said, that the dot- nished him. They wished to have the name of the printer. trine advanced by the Attorney-General was unsupported by The paper was banded to the Learned Gentleman. authority. If he recollected the opening statement of the At- The Attorney-General then put in a copy of her Majesty's torney-General, he said that he had the printer of these dem- speech as evidence, requiring as much of it as related to Ire ments, and named as such a person called Hanvey, who lived in land to be read. Fishamble-street. He had not, as he did in the case of other Mr. Moore objected to its being produced. documents, produced the printer to prove that they were got The Attorney-General was very much surprised at. the ob out by the directions of any particular person, or the objects for jection. There had been in the course of these trials several which they were printed. There was no evidence that they speeches of Mr. O'Connell proved, in which he commented on were published by any one charged with the conspiracy. The the speech of her Majesty at the prorogation of Parliament, Attorney-General had not, as in the case of Brown, produced taking sentence by sentence, and he apprehended a document any person to prove that they emanated from Mr. O'Connell so commented on might be taken in evidence. It was alleged or the Repeal Association. On the contrary, it was likely that it was not the speech of her Majesty, but the speech of that the document was published by this man ( Hanvey) for her Ministers—that it contained language only fit for a fish profit; that it w as hi s own act, and not that of any one woman—that it was a Billingsgate speech—and caller observe charged with the conspiracy. He did not object to the placards tions of an extraordinary character were made respecting it. b e i n g given in evidence, because they were openly and publicly He therefore asked, quite as a matter of course, that the por exhibited at the meetings ; but there was no proof to show tion of the speech so commented on by Mr. O'Connell should that these papers were exposed in the presence of Mr. O'Connell be put in, it being clearly a matter of evidence. or his friends, or that they had any knowledge of their con- The London Gazette of August 25th, and the Dublin Ga tents. He did not say that it was necessary to prove that the zette of August 29th, were then put in, and the portion of her circulation was the act of Mr. O'Connell or any of the tra- Majesty's speech referring to Ireland, and expressing her de versers, but it should be proved that it was done with the know- termination to maintain the Legislative Union between the ledge of, or at least adopted by, some one of them. No doubt but countries, were then read. formerly evidence in cases of thissortwas permitted to an extreme James Irwin, station-house clerk of the Liverpool constabu length ; yet they had not, on the other hand, cited any case lary, sworn—He said he was at Liverpool on the 13th of Oc similar to the one before the Court. If the circulation was an teber. He saw placards of a particular description posted in object with the Association, they would not have charged for various parts of Liverpool. He took down one of that placards it; a few pence was of no value to them. It had not been which he produced. It was a copy of the address to all the proved that the publication was with the knowledge or sanction subjects of the British Crown, containing a statement of the of the Association, or in furtherance of its objects. The At- grievances of Ireland, and which Mr. O'Connell had wished to torney-General, when commenting upon it in the presence of have in circulation in all the towns of the empire. The name the jury, ought to have stated that it was a slaughter committed of Mr. Brown was attached to it as printer. by Catholics. Mr. Charles Vernon called—Held the situation of Registrar Mr. O'Connell—l said a slaughter of Catholics by Catholics. of Newspapers in tre Stamp-office ;it was in his office that Solicitor-General —The question for the Court was, should the declarations made by the proprietors and publishers of these documents be admitted or rejected. If admitted it newspapers were lodged. The newspapers themselves are also was open to the traversers to give any explanation lodged there as published. He had here the declaration of Mr. about them which they could. He thought they ought to Barrett, as proprietor of the Pilot.—(Declaration produced.) be admitted upon two distinct grounds. First, they were He had seen Mr. Barrett write, and that was his band. Had part of the res gestx, the character of the meeting, the also the declaration of Charles Gavin Duffy, as proprietor of transactions there, the circulation of such matter as was con- the Nation. He was not acquainted with Mr. Duffy. The tanned in the documents, he would assume bore directly upon declaration was lodged at his office in the regular way of busi the charge in the indictment. That charge was one of en- ness.—(Declaration produced.) Had the declaration of George tering into a conspiracy to excite animosity amongst her Ma- Atkinson and Dr. John Gray as proprietors of the Freeman's jesty's subjects ; and the p r oper means to be used for the sup- Journal; E. Duffy was the printer. He was not acquainted with parting of that charge was to pro ve the lar g e numbers at these Dr. Gray's writing, but he had seen Mr. Duffy write; it was meetings, the notices which convened them, the harangues the practice for papers to be sent to his office signed which were made : and they (the Crown) were then proving by the publisher, as required by Act of Parlia what occurred at one of these meetings. Mullaghmast meet- ment. The documents which are now handed to me, are hag, it should be observed, had been called by advertisement, accurate and authentic copies of the original declarations duly and it was proved that Mr. Brown, the printer of the signed before Mr. Cooper, the Comptroller and Accountant- Association, printed th at p lacard or advertisement, calling General of the Stamp Department. They bear the signatures the meeting. He did not care whether the placard calling respectively of Richard Barrett, John Gray, George Atkin that meeting wa s circulated gratuitously or sold for son, Edward Duffy, and Charles Gavin Luffy The latter money, as it did not make any material difference for gentleman is registered as the sole proprietor, printer, and pub his purpose ; the advertisement calling that meeting was fisher of the Nation newspaper. "'art and parcel o f the meetin g itself. He differed Mr. Sm y l y —Have y ou with you at present any copies of the widely with Mr. Monahan, for it was not necessary Nation, Freeman's Journal, and the Pilot newspapers which for the Crown to show any authority from the Association were left in your office?—Yes, I have—here they are.—( Wit calling that meeting, as the advertisement was sufficient for the ncss produced a file of newspapers. ) Crowd in that case, and it did not lie in the mouth of the Asso- Have you got the Nation of the 10th of June ?—Yes ; i ciation to say they are not responsible for the consequences has the signature of Charles Gavin Duffy. when the meeting did not take place. Had henot prima facie Mr. Smyly—Turn to the leading article of that paper. EN idence there that several documents were circulated at the Mr. Whiteside objected to the copy of the newspaper being meeting, stating the professed objects of that meeting? put into the witness's hands at the present stage of the pro- Such documents might be circulated by O'Connell's Police, ceedings. He (counsel) had not had the opportunity of exa or by the Repeal Wardens, for all he knew, before the mining the certified copies of documents which had been meeting ; and was it to be said t hat the thousands of handed in. They had not as yet been read, nor had the hand th,ose documents which were circulated at the meeting , writing been proved ; and, under these circumstances, it was were calculated, without the k now ledge of th e traversers, manifestly premature to ask any questions relative to the news ac; le he to be told that there was not a case of prima facie paper. evidence to go to the jury, and let them take it as they rr ight ? The Attorney-General—You may have the original docu -a-• Monahan asked , :why n ot p rove that the document was ments to examine, if you wish, Mr. Whiteside. ,orinted by wish or autho rit y of the Association ;but he did not The documents were handed to Mr. Whiteside , who h avin g v asit to prove that, as it was give n as p art of the res pester of examined them, said that he considered the evidence on this tl to case ; suppose the Association had circulated their printed branch of the case wholly defective. The declaee r t . ios Cooper, Pu r ca ids— ported to have been signed in the pres ence of a Mr. Whiteside—l beg your p ardon, there is nothing private the Accountant-General, but not a tittle of e vidence had been al), tut the Association, all is done publ icl y , adduced as re q uired by the Act to show that Mr. Coop er Solicitior-General said he would use that expression at was a person having full and competent authority, in point of law, to take such declaration. The Learned Cowl sel referred to the case of the King v. White, in suppert of his position, that it was necessary to prove the competency of the -officer. _ Attorney-General—lf I mistake not, the witness was ask,hi whether Mr. Cooper was not the proper officer to take these affidavits, and he answered distinctly in the affirmative. Mr. Whiteside—Oh, you are labouring under a sad misap prehension. No such question was asked him at all. Witness—Alr. Cooper is the proper officer to take in decla rations. Mr. Whiteside—Now, how do you know that, Sir ?—I never saw his commission ; but I have no doubt of the fact, for I have been acting under him for several years. Mr. Whiteside—•ln what capacity ?—As registrar of news papers. I presume that Mr. Cooper has a commission, but I never saw it. Mr. Whiteside—My Lords, it is absolutely incumbent on them to adduce proper evidence to prove the authority of Mr. Cooper to take the declarations. Attorney-General—l do not take the same legal view *f this point as my Learned Friend ; but Mr. Cooper is in Court, and, for Mr. Whiteside's gratification, we will have him exa mined. Jonathan Sisson Ceoper sworn and examined by Mr. Smyly —I am comptroller and accountant-general in the Stamp de partment. I have held my office for twenty years. It is one of the duties of my office to take newspaper declarations. The declaration now banded me was made by Charles Gavin Duffy, and was sworn before me on the 18th of Nov., 1842. Saw it signed b, Mr. Duffy. The declaration now handed to me is that of the Freeman's Journal, and was signed by Dr. Gray, Dr. Atkinson, and Edward Duffy, on the Bth of Feb., 1841. Mr. Barrett's declaration was signed in my presence on the Bth of Dec., 1837. Cross •examined by Mr. Whiteside—l have a commission, but it is not here ; can't say that I know Mr. Duffy. Ah why did you not tell me that before ? How then can, you swear to his handwriting?--I know that the party rho./ signature is affixed to that declaration signed it before me ; he was present when he signed it.—(Laughter.) lam obliged to you, for that information, Sir. You don't know Mr. Duffy ?—No, Thank you, Sir, that will do.—(Laughter.) Do you read the Repeal debates in the Evening Mall?—Sometimes, per haps, I do, but very seldom. Do you read the Nation, or the Freeman's Journal ?.—No, the only paper I read is Saunders's, in the morning. Ha! you patronise frigid Saunders, do you ?—( Laughter. ) —Sometimes I do. The Repeal debates appeared in that paper as in every other paper, and yet you ste they have selected some journals for a conspiracy. Mr. Whiteside submitted that there was no particular evi dence of the publication, and in criminal cases the rules of evi dence should be strictly observed. The signature should be proved by some one who knew Mr. Duffy. The Attorney•General—The newspaper was published in Dublin under the terms of the Act of Parliament, and there is a heavy penalty imposed on any person publishing a news• paper, without lodging the proper certificate, that certified his bail, produced from the Stamp-office, the place where it ought to be. Under these circumstances, the question for the consideration of the Court was—whether the certificate signed by this gentleman in the presence of the proper officer, and who represented him se lf as Ch ar l es Gavin Duffy, and by whom the paper was since regularly published, was not primafacie evidence • and some of the wit nesses for the Crown proved that Mr. Puffy, as editor and pro prietor of that paper, attended at the meetings. The Attorney- General then read the Bth section of the Newspaper Act, 6th and 7th William the Fourth, and submitted that, under its terms, the evidence offered was admissible. Judge Perrin—Can't you prove the handwriting and get rid of the argument. Chief Justice—The rule of law is the same in civil and cri minal cases. Judge Perrin—Sure Mr. Cooper said that Mr. Duffy signed the declaration. Mr. Whiteside—My Lords, the first newspaper published by the proprietor of the Nation is dated the Bth of October, and the document Mr. Cooper proved is dated the 18th of ber, so that it cannot be the right document. Mr. Brewster cited the case of Mayne v. Fletcher, ita 9th Barnewall and Cresswell, page 382, and contended that, in asmuch as the title of the newspaper corresponded with that set forth in the declaration produced out of the custody of the proper officer, it was evidence of its publication by the party charged. The paper was entitled " The Nation, published every Saturday, at No. 12, Trinity-street, where all commu nications were to be addressed," and the matters set out in the declaration corresponded with that, and he now submitted, en the authority of the case quoted, that the Crown were not bound to go farther. Mr. Whiteside—That is a different view to that taken by the Attorney-General and Mr. Smyly. To the witness—Hand me the first copy of the Nation newspaper. Mr. Brewster—No question can arise except as to the paper we offer in evidence. Judge Crampton—Does not this plainly appear, that ono Charles Gavin Duffy is the proprietor, editor, and printer of this newspaper called the Nation, and the only difficulty that suggests itself is the identification of the particular individual, as there may be two or three Charles Gavin Duffys. We have evidence on our notes that the traverser here is the editor of the Nation. Mr. Whiteside—Your Lordship will excuse me for saying that there is no legal evidence yet to that effect. Judge Crampton—That is not exactly what I have, but that the traverser is editor of a newspaper, and was recognised as such at meetings of the Association. Mr. Whiteside—With the greatest respect I think your Lordship is confounding two distinct things. Mr. Brewster cited another case in which Mr. Justice Bay ley delivered a judgment in England, on which they also relied in support of their argument. Judge Crampton—llere is the evidence I alluded to. In the evidence of a witness named John Jackson, he says that Mr. Duffy of the Nation attended at a meeting and handed in so and so. Mr. Whiteside—l thought your Lordship had struck out his evidence from your notes altogether. That's the man from Kilrush, who reported after a manner, or took them from the notes of whoever happened to be next him. Chief Justice—What do you say to Mr. Brewster's case? . Mr. Whiteside—Why, that puts it better for the Creeeo than it was put originally ; but I think they must give some evidence to identify the person on trial with the person who signed the declaration. The slightest evidence in a legal form to identify those parties will make out their case, but without it I rely on my objection. Mr. Tomb called their Lordships' attention to the Bth section of the Newspaper Act, 6th and 7th William the Fourth, which enacted that every such copy so produced and certified, is to have the same effect, for the purposes of evidence, against every such person named as aforesaid, to all intents and pur poses whatever, as if the original declaration had been produced in evidence, and then proved to have been duly signed by the persons appearing by such copy to have signed it. Mr. Bennett—He is described in the indictment as Mr. Duffy, of Rathmines, and the description in the declaration is the same. Mr. Whiteside—l admit all that ; but suppose the declara tion was produced, yon Lust give some evidence of identity. The cases in England are express upon that point. Mr. Brewster said, that in the case of the King against Hutton, in the State Trials, page 307, the Court ruled that they were only required to produce the declaration. Mr. Whiteside could not see what that case decided. Mr. Justice Crampton—Suppose there were two persons of the same name on trial on the same charge, and evidence exactly like the present was brought forward, which of tile two is the person that is conclusively bound by the Act of Parlia ment—which of the two is the evidence against? Solicitor-General—Against either. Mr. Justice Crampton—lf it be evidence against either, 701 might have the two men convicted on the two indictments, upon the same paper, of which it was alleged only one was the proprietor. In my opinion very slight evidence, in addition to the statutable evidence. is required. For my own part, I have no difficulty in point of fact, for I find on my notes, in the first instance, Mr. Duffy described by a witness, who was very fully and very ably cross-examined, as being the editor of the Nation. I think that Mr. Whiteside is right on the ground he takes—that something in addition to the statutable evidence is required. Attorney-General—The Court is not to infer that a person has been carrying on the Nation as Charles Gavin Duffy, the person being actually another person. Mr. Justice Perrin—The question is, whether this is that Charles Gavin Duffy. It is not denied that some Charles Gavin Duffy is publishing the Nation, but the question is whether the traverser here is he. Mr. Justice Crampton—l think yen will find that Jackson, in his evidence, said "Mr. Duffy of the Nation." Mr. Whiteside—We understood that to be proof that Mr. Duffy was a member of the Association, and nothing more. Mr. Justice Crampton thought that was a scintilla of evi dence that he was editor of the Nation. Mr. O'Hagan said he would suppose that there were two Mr. Duffys at the bar, and, then, should it not be proved which of them was the proprietor? Mr. Jackson, the reporter, had not stated that Mr. Duffy was the proprietor of the %%atien, but that a Mr. Duffy had handed in money. He would not say that the traverser was not identified, but he was net iden tified as having signed the certificate. If two Duffys were at the bar, clearly one should be identified ; and that applied equally in this case, where the witness had net identifiesi Duffy as the proprietor. The Chief Justice said he was not satisfied that the Crown had given sufficient evidence of identity in the case. At that stage the evidence was imperfect. Mr. Bennett said he thought the Act of Parliament was sufficiently plain to render discussion unnecessary. The Chief Justice said the point did not come within the meaning of the Aet. In the case before the Court proof was required that Mr. Duffy was the proprietor. The Act required that he anti his publisher sign a declaration. They had signed it, and, if nothing more was required by the Act, that dechus. tion would be evidence aainst any person signing it as pro. prietor or publisher. That was a document by which the party was bound. But, to prevent any difficulty, the Bth section contained another provision—enabling evi dence to be given against the proprietor or pub lisher in a summary way ; and that evidence was the certi ficate signed by the proper officer of the Stamp-office. and if he had been there to give evidence in place of Mr. Cooper, all might be right. The Act provided, that upon producing a copy of that document, certified under the hand of one of the Com missioners, and upon proof of its being signed in his hands writing, it should be received in evidence against any person named in the certificate. Oh (continued the Chief Justice), on reading the Act 1 am now of opinion that the statutable proof offered is sufficient. The Attorney-General said he could give other proof of pro. prietorahip, hut he would not, except the Court decided the point against him. Mr. Justice Perrin said that the declaration of the Attorney. General was rather inconsistent with the course he had pre viously pursued. He had given proof of the kandwriting of Mr. Barrett, and he had done so of Mr. Duffy's handwriting, too, by Mr. Cooper, until Mr. Cooper failed upon cress-exa mination. The Solicitor-General said, if the Court required proof of the handwriting of Mr. Duffy, the Act of Parliament would be declared nugatory. The Act guarded against the difficulty of proving handwriting by compelling the propri'etor to go before the officer ; and as his person may net be known, and his writing not capable of proof, the policy of the Act only requires—. Mr. Whiteside—The title of the Act of Parliament is wrong. Mr. Justice Crampton—Mr. Whiteside, surely you are not going to amend the title? Mr. Whiteside—Oh, yes. The Act ought to be entitled thus :—" Whereas the Crown aught to be able to prosecute any person in the community, and whereas the Crown cannot always do so if proof of identity be required ; Ise it enacted that no such proof shall be required." Mr. Justice Crampton said he had some difficulty in corning to to the same conclusion as the Lord Chief Justice; but . co. :: stained from pressing his own opinion, ofbteceausres h cler beinge d th in er r% e ir w . Mr. Duffy was present, ha had attended a meeting at which'tnoney, and he described and at which he handeeknitynn. was abundant If that was not evidence bins as the proprietor of ii r. prima ja Jackson, ,facies the the reporters p pri e t: r r n s v h od i p Nation all through. Counselfor the tin. proprietor of the r had not cross-examined him upon that point. o inf proprietorship rai as tpoZnptlatet did h r ethe not knew four what e e t n w g a s o a H n e d d ca ese u r s ibes him hi th m e . corners Perrin said he was not satisfied with the proof of fered. The spirit of the Act was certainly to remove the dd. culties of proof—formerly it was necessary to prove publication T the 111.- 'hair, eaties ics of ed in , orld. shilst state 'ity of ed to with g the unced mber o the oreign ye to •ected na -11 as from head clueed ity be , and lance rse to isable Ville luded Cus mfore ained le re -1 the aging mtco, f the rench ained had id al nber, capi ailers , and .getic sured 3 was e had is on y two r and t the h ad was .ante ight-• the , d hie" who ench ench war ately who ;pest 'ered r for. We ) be ying rue over eero y to the uret ver, hire the ?di. ! 013 on o Of 'his of