The Express.
London, England, 1848-10-14 00:00:00

ris guilty of high tresses by levying war against the
Queen in this realm, and of having dons. e within the true
meaning of the 'Won) of Edward 111., m der which the
indictment is founded; and they bunt that all the acts
took place in the last week of July asmeunted to a
levying of war; and, if they amounted to a !min g of wale
and that the prisoner was present and took a part in these
traussetons. he le guilty of a levyme of war, and if
guilty of s levying of war he is guilty of hid' treoeon.
Gen lemon, it is important to tell 3ou what is meant in point
of law bye levying of war. That has been distinctly de-
cided by the ablest judge*, and a train of consistent end un-
interrupted authorities. If you ate of opinion that there was
an insurrection with force, and that it wee for the purpose of
accomplishing some genteel object that would amount to
high treason ; but if it was for a pononal object exclusively,
that would not be high treason. However, it may not bathe
less high treason where there Is a general purpose, because
auditory to it there is Ironed to cows's' a personal object
on the part of the prisoner. Au authority has been referred
to, welch is so clear upon tee sueject teat I shell reed it for
you, Insurrections and risings for the purpose of 4ffecting
by form and numbers, however organised, premise d, car ar-
ranged, any innovation of a public nature in which the par-
ties had no special interest Of concern• have been
deemed instances of the actual levying in war." On the put
of the crown it is irnisted that, loekieg at the restore cf the
occurrences in this diets rein week In July, they clearly
establish that the part of the country where these trams.-
tions took place wee in a state enacted insurrection—net for
any particular and personal object, but fora general purpose,
end although there might have been superadeed the personal
object of protecting Mr. O'Brien, whose norne has been to
frequently introduced in the course of this trial; Set as tee
mevement was intended to effect some general inuovati ir, it
was not the less high treason. If you, underlain come to
the conclusien tha: these moo. inents wire intenderi to effect
a private object, that they were exdusivtle fur the protection
of Mr. O'Brien, and that these masts of the pone* were
marshalled, arrayed, collected tooettirr, tend drilled trine day
to day for that object only, then the offence does not ansunet
to high treason, and you will be boned to acquit the
prisoner- But I repeat once more, if you bo of
sminten that the eccurrences in 1.13. 114 ivies, of
rely were in furtherance of a general en gem of a puehe
nature, it is not nee.- eery you 'Louie! believe that the in-
surrection was intended to take place iremedietely and in
that particular place, you must find that the prisoner is
entity if be panic:Tend in those proceedings. No attempt
has been made by tee able adymetes who have defended the
prisoner to contend that if the movement in which the pri-
soner has persicipatee, or the act- winch occurred in his ab-
sence, amount to high *Tenon, the prisoner would not be
guilty of that crime. He is respontiblo for all the acts of the
persons with whom he was associated ; and it is for you to
decide what is the true nature of to, re transactions. and
whether they amount toe levying of war against the Queen
in her realm. It is my ietentieu to read aver my nuke,
whine I believe are full and actuate; and then your duty is
to apply that evidence, and that is a duty to be 4 xt reised ex
elusively by you. It in the progress of the case, I should
tate the coulee which is usually adopted, of accompanying
the evidence with observations of my own, you will not ply
any further resod to them than you would to the oburva.
thine matte in the coarse of the trial by the re:lvor:lt. s
for the prisoner end the coaesel for the crown. is
your privilege—nay, it is your duty—to reject any
of the oteervations that you do nut think well•
roundest, and to adept any, come from weatever flouter
they may. which yen may think are wIl found, d. It is
usual fer the judge to sum up for this puritan—ter t'.osn
who arc habituated to the proceedings of courts of justice,
an !, who, I nut in God, are not :tenoned of haviug nay
leaning, one way or the other, but to hull the scales of jus-
tice evenly between the crown and the accused—in it their
solemn duty to present such observations as flew tee:orally
(rem the case to the consideratioe of a calm and dispassionate
jury, not wiabing that they should carry one jot of authority
beyond what tbe jury thick right to attach to them.
You wid approach your duty odenly and dispassionately, and
*wider tee transactions which have been proved in eyieence
as rational men. If you we any around for diecreditine any of
the witnesses, of coarse you will reject their testimony. If you
see sty grouud for qualifying a particular statemeat, it is year
province to do so; but if, when you weigh the evidence and
look at the entire teeniest mom rational and conwientieus
men, you come to the conansion that war was levied at that
time, and that the prisoner at the bar wee not only present
but wee actually participating in the prcecediage of the last
three du s—if you wine to that conclusion it will be your
duty to find him guilty. Oa the other hand, if you be of
opin;on that the prisoner was there croperating with parties
who were actin.; ter the linntee and private purpose of pro-
tecting Mr. O'Brien from arrest, you ought then to find the
prisoner " not guilty." I will now read my notes; and, if
I do nen occupy your time with many commeats, Neil may
account for it by the able manner in which the case has
been spoken to on either side. All that ingenuity and
talent could suggest was preseood to you on the part of the
prisoner ; all the string Yin!. which could no taken cf the
rase wore laid before you by the counsel for the crown. As
' to the facts then is little controversy, and I may say, in
passing, that the prisoner's counsel have wisely and pm-
; dently abstained from civ:lling at the proofs; but while
• they admittedethe general facts, they contended that all was
• reconcilable with the view that these movements were pre.
paretory to a contemplated insurrection at a distant time,
but did not amount to en actual levying of war. I feel bound
to toll you, that if once you come to the conclusion that there
was a general and public object beside the personal one
of protecting Mr. O'Brien, the acts at Mullioahone,
Killenaule, and other place!, did amount to a le•
vying of war within the meaning of the sitatine.
The learned judge then proceeded to recapitulate the evi.
dence of the various witnesses produced in the course of the
trial. As regarded the arrival of Mr. M'Manus in Dublin on
the morning of July do, and his having left the uniform of
the 'B2 Club in the packet, his lordship said—lt moot
gentlemen of the jury, be said that this uniform was that of
a general, and mule to be worn by the prisoner whilst acting
In that capacity ; for we hod it proved by respectable gentle-
men, whose testimony is beyond impeachment, yesterday
evening, that the uniform was that worn by the members of
the 'B2 Club—a club which hat been in existence for some
years in Dublin. But at the same time, gentlemen, the fact
of this uniform hiving been found, is matter which may form
the seamed of consideration when you come to ask yours, lees
what motive the prisoner could have ha' in leaving Liverpool
on the 24th of July end corning to this country. And
you will consider whether any satiatectory amount lets been
given you as to the purpeso fie which the prisoner came
over at this particular time, anti brought these things with
him—
Mr. O'Callaghan: In another part of histattimony you will
find, my lord, that the steward says that Mr. M9lianns was
In the habit of coming over to this country frequently.
Chief Justice Doherty : I will read it. Yes, he Lays thot
Mr. M'Manas had frequently been a passenger with him in
the Iron Duke. Chntlemen of the jury, no doubt the pri-
soner at the bar was engaged in the forwarding trade in
Liverpool, which was extensive and prosperous. Gentlemen of
respectability from different parts of Ireland were produced,
and gave the prisoner a very high character. Some of th•m
said they had seen him in Ireland, his business being, as you
must naturally observe, one that would lead him occasion-
ally to this country. Gentlemen, I miy, in passing, say
that if there were any specific reasons for the prisoner's
coming to Ireland on the 24th of July, was It not i i the
power of Mr. M'Manus, when he saw the se circumstances to
which I have alluded relied on as be .ring sgeln.t him, to
explain the elem.- of his visit t As thou things had been
proved again, him in evidence, it would have been very easy
for him to show what btninees brought him on that putt
cuter occasion to Ireland, and how he occupied himeelt sub-
sequently to his arrival in Dublin. [His lordship having
road the evidence applying to some movements of Mr.
O'Brien, continued.] Gentlemen of the jury, evidence re-
lanpg to Mr. O'Brien may become of very great importance
in Ike case, for if you find that that gentleman was joined
by the prisoner at the bar, it becomes necessary for you
to investigate the nature of the trarsaction in which Mr.
O'Brien was engmed. If Mr. wet engaged in levy-
ing war, and that the prisoner joined him, he hi to be held
guilty of the same acts as Mr. O'Brien is pressed to have
committed. If Mr. O'Brien were engaged in levying war for
a general purpose, and that the prisoner joined him is that
he would he guilty to the full extent of high treason. I
shall therefore observe, that if you believe Mr. O'Brien
assembled those person' whom he hod about him for the
particular purpose of saving himself, and if the prisoner
joined him for that purpose, then Mr. O'Brien is not guilty,
nor is the prisoner. Gentlemen of the jury, in reading for
you the evidence of the wieners Burke, I may observe that
the absence from his first information of some facts sworn to
by biro subsequently boa been commented on by counsel for
the pneener. Now, gentlemen, the duty of taking down in-
formations is performed by a nrigistrate, and he may tete
down in the written information so much of what issworn by
the 'Mans as he think+ materiel. Therefore the magistrate
who t :ok down the first information deposed to by Burke
may not have thought the facts alluied to material until the
party on trial had been fully implicated ; and the witness
swore that the addeional facts teat appear in the second in.
formation had been stated by hint to the magistrate, though
it was not in the first instanoe taken down—
Mr. Butt : T would resnectfully remind your lordship that
Burke himself took a part in the transaction, and was armed
with a pitchfork. He would, therefore, I submit, my lord,
require corroboration.
Chief Justice Doherty: Sa far the witnees must certainly
he contisiered an emomplice ; but his evidence is admlsible
to go before you. If the transactions in question depended on
the solo testimony of Burke, the court would direct you to
use great caution In receiving it ; but if yon believe, gen
tlemen, that there is a corroemation of the main lams sworn
to by the witnes, that is a corroboration of all he has told
You—
, Mr. Butt.—Will your lordship forgive me if I make one
' ohaervation ? The dashing in of the doer, and saying :hat
the people should burn the house, rest solely upon Burke's
evidence.
Chief Justice De arty.—The winless coed not be corro-
borated in ever3tbing. If ho Le c irroborated respecting the
to say chat he requir:s corroboration in eve y parucuier put
presence of the prisoner la these places, I will not ipso ter as
of his testimony. But I do no: consider this story of
hunting in the shutters very important in this ease ; for it
does not depend so much on =Jeans features as on the broad
features that characterise It. 1 now come, gentlemen, to
the evidence of Heal.constable Wdliems. When you come
to
Peaty was to screen him from apprehension, or was a
pronounce whether the object of Mr. O'Brien and his
general use, you will compare this evidence with the
lasts put forward in support of the former view of the
else. You wilt see whether Mr. O'Brien was oppesing the
government cf the rotuttry in samoauuing a party of police
to surrender their arms, and holding out an indaceineut to
them to do so. If you believe he did these things, It is
not necessary for you to believe that he was actuaily going
to attack a puny of 500 policemen,. for if be wed the ex.
MOioos attributed to him as a threat, to show the name
his force and compel Wen to snrrondm their arms, it is the

Mr. lu.Manus was placed at the bar, where he stood with
the same firm and composed demeanour which so r
characterised him during the whole progress ~f his !rim'.
Tho Cleric of the Crown, having read out the names of the
jury, to which they respectively aaswered, asked • " How
say you. is Terence Bellew Dl'Manus guilty or co' ?"
The 1707+,1121n, in a low voice, replied at °lot—Guilty.
The Clerk of the Crown—The jury have ride t the fal-
lowing recromeniati " We earnestly recammeni the
prisoner to tho merciful consid•ration of the crown.—For
'Wand fellows, SAMUEL W. &shim, Foreman."
Chief Ju►tice Blackburne—Let the prisoner be removed.
Mr. M'Manus extended his hand ova the tars of riled. ck;
and having shaken hands with hie junior counsel, Mr. Cre
When (Mr. Butt was net In court), he made a sli.eht
nation of his head to the court, and was taken into wi.tody
by the turnkeys and removed to the eon?. menu beneath,
preparatory to his transmission back to prison.

TRIAL OF MR. O'DONOLIOR.
Mr. P. O'Donohos was placed at the tar. T':e Clerk of
the Crown then called over the long panel.
Mr. Meaoher—My lords, out ot the first tilt or seventy
names on the panel, two juries have beet selected. It follows,
then, that amongst them are the challenged jurors of the two
preceding trials. I therefore submit to your lordships, and
the Attorney-General, that it would net be reasonable to put
my client on trial before those jurors who were challenged
on two former occasions. If your lordships think there is
anything unreasonable in my objection, I will not press it;
but I do not thick you will deem it unreasonable to com-
merce with the r.ame immediately following that of the juror
who was last sworn on the previous trials.—Attointy-
General : My lord, I really never heard of such an applica-
tion as th's.—Chief Justice Blackburn.: Oh, I cannot
accede to it.
The Clerk of the Crown then read the Indictment for
high treason agalnet Mr. O'Donohoe, which was exactly
similar to that of Mr. O'Brien and Mr. M.Matins.
Mr. O'Donohoe pleaded not guilty.
Mr. Meagher—My lord, I am unwilling to have any ugh-
' meat on an application which lam now about to make. It
is for a postponement of tho trial of my client, and will,
presume, meet with the Fame rule as was made in the other
cue.. Mr. Meagher handed the plea to the Attoraey-
General.
The clerk of the crown then proceeded to swear a jury to
try Mr. O'Donohos. Several gentlemen were set aside oa
their own representations that they wc:se not in pod nealth,
and would be unable to endure the fa:ioeut of serving on the
jury. Mr. William Hunt, of B sllynonty, on being called,
said he had an objection to serve on the jury, as he met
people on the road the Jay of the row. and seas acquainted
with all the circumstances of the case. Ho was aoconingly
set aside. The jury was then sworn. It was composed
entirely of protestant', as follows: Mr. W. C. Bennett, Mr.
W. Murphy, Mr. M. Studded, Mr. 0. Birch, Mr. C. W.
Massey, Mr. W. Price, Mr. It. Smith, Mr. C. Miochin, Mr.
Young, Mr. A. Carew, Mr. 0. Roe, and Mr. G. Ss:lichen.
On the application of hf.s. Meagher, Mr. Butt, G C., was
assigned with him as counsel for the kvisoner.—Mr. Lynch
opened the pl.sdings.
The Attorney.Generol stated the ease for the crown. The
prisoner, Mr. O'Donoboc, Was charged with two de criptions
of high treason, but ho thought it would ho clay n.....essary
tot them to direct their attention to one of the charen—that
of levying war. In eons goeuce of two trials that had
already taken plain in that court, the nature of the charge
a..3ainst Mr. O'Donohoe ws now very well known He (!he
learned Attorney-Generel) thought be should he able to
satisfy thus of this—that Mr. Smith O'Brien was the ac-
knowledged leader of an insurrection. The ;retool evade-
man then proceeded to detail the eircomAanees e inneet, d
with Mr. O'Brien's visit to the provinces imetedinteli pro-
,:ding the affray at Ballingarry, and was Ana to quot- Iron
one of the speeches delivered by that gentleman alter he left
Dublin in July, when
Mr. Mia..;her intemieted him. He objected to any speech
delivered by Mr. O'Brien before the alleged connexion of
Mr. O'Donohoe wish him, b in. road. At that state of the
trial they could not tell whether any of these speeches would
be admitted in evidence.
Chief Justice Blackburno decided that the Attorney-Ge-
neral might read them, which he did.
The Attorney General then spoked the circumstances that
took place at the police berraec in Mullinahome, and stated
that it would be proved in the coarse ot the trial that Mr.
O'Donohoe was present armed with a gun when Mr. W.
Smith O'Bien called upon the polite to give up their
arms. After entering into tartacr details, which bars
already been siren on tho former trials, the learned
couasel pneeedeel to say that it would ba prowl beyond all
doubt that Mr. O'Danohoe was present at all toe trans-
actions from li..llietilione to too commons of Ballingarry.
Ile believed, tao, that he was also pre sent aKthe attack on the
Widow Cormick's house, though he was shit to move it by
only one witness. That, however, was not lostaiel, b:canse
if the jury belieredthat his obeot, nag of a revolutionary
character, they world be t 'uy the teamed judge who ores
to charge them that one overt act WOO marten; attcl as
cmclnsive In establish guilt as we bandied. The judge
would also tell them that there was iv, met thing lu high
arta.", as an ae‘es WRY. bat th.tt all were responsible for the
acts of their oestealtoes, even *omit n..t present at the
titge the acts were mnamitted. Therefore, if they found
Mr. O'Donohoe present at the other treanetions, it was per-
teely is different whether he was present at the attma on
Saturday or not. It would, appear that Mr. was
accompanied by anotaer--4 yowls gentlear„ greatly atm