The Express.
London, England, 1849-05-11 00:00:00

ja Igoe decided. after argumeat, that Mr. O'Brien should
answer the indictment. He then pleaded not guilty ; and
cm the jury being called, be challenged the array of the panel.
To this challenge the Attorney•Generel pleaded, and it was
thellowed by the judges. The jurors was thea called, end
Mr. Wain, arta:having challenged 20 of them, prompt°.
ally prepaid to ebonies* en more without &mein own
The Atteesey-General objected, and tie challenge was N-
OMA The jury, atter a received trial, found a verdict of
guilty on the first five coasts of the indictment, and
net guilty oa the sixth emit, sad judgement
slim* was afterwards pawed on Mr. O'Brien on spec of
the Ant Eve emits. Objections are ale taken In the writ
Menu to what an technically called the caption of the in-
distment and the satry of the allocutao--to the amp* be-
ams it, as entered on the mord, states that the WA was
taps before three of the paps named in the Mthalithea,
and it did not thereby appear that any jarbthelien wen
Pen by the oommierion or letters patent to ear ameliatt of
tie emealefoners lege than the whole of thins &embalm.
tined. The about= or entry on the reeled of the address
of Iblitu.dgie to the prisoner m&Wog him windbag' be bat
aa to say why the court should net proceed W pin
jnis7to
on him is objected to for informality.
S,r Fitetoy Kelly mid he and Mr. Napier and Eh Cohen
O'Loghlsn appeared for Mr. O'Brien; that Wan alnemel
(above matiened) were for Mr. Wlllanua the pithallfln
error in the second writ of error. They gad annaged *at
two soused for each plaintiff la error should be health bare
their lordships, then the mined for the crown. Am whom
he would have to reply. He was informed that the
muneel for the crown would claim a final reply, to width he
Vieth& object, but he would not state the reasons for that
Ma the ge time mind.
Tho Imid Amaseder and Lord Campbell severally said the
helm inthadthol with the proposed arrangement, but it
tram to be wimp eed se the arrangement of mussel easing
theneelne, and net as pentribed by the home.
Sir F. Kell y then proceeded with his statement of the
same,se,
same, to the effeet above Mated. The first of the fear ape-
liens to the jud of the court below wee, that by the
althea al the Wisdasnt it did act appear that there was
any joriedietha la the judges before whom the prisoner was
tend so to try mad Navin dim, het ea the contrary, on the
ithe legal emetneden of that instrument it appeared that
the judges_ bad m ouch jariededes. The second objec-
tion, which was the meet impotent of the whole, end
whisk was en oblation et substasee, aot of form, wm that
a ithelaratory plea pie
by the prisoner was held to be
bad at demurrer mad the demurrer to that plea was al-
lowed. The Mho; of that plea was to .Lima rieht oa the
part of the rinser to the third& Id as met of William 111.,
and an aot el Queen Amu by
_the methane of whith,
jointly ensidern, he was entitled to lave a copy of the In-
dictment and &list of the whams' delivered to him a certain
time beano the trial. Oa this point the Pontiff in error
world eentead that the plea he had put in ought to be al-
lowed, and the demurrer to it overruled. The third objec-
tion was, that by the edict of the Irish an called Ponines
AM, the statute of Edward 111. regarding treason was not
extended to Ireland. That objenrsa related to the eat of
the six collate contained in the Whitman% end Kthle tape-
Ma was well founded then there was nethiag M warnat
the treating of a lev3ing war fa Ireland ass an of high
trims under that statute. The last of the *Mites re-
land to what was tolled the silongra in other mods, the
farm of calling on ?terser to my Why judgment should
net be him, that tam WM., bees de-
finitive Ectiris"Zetl •=he minion of the worth "Wr-
aith of death." It appeared by the apish that the
a new was tried under a ecomiesion whisk was directed to
and only three of them append to be at the
itieLPTl:o)&eiedietioa was given the her. end nee to
any thin them. There was no perms mesidaned la the
*option, and it is not to be presumed that them was sash a
dams is the commission. (He read the owstim, fa whisk
Clidef famine Blackburn and Deetteq old dr. Jostles
Meet. only were named.) Tice asatethea to the
mat wasthe nen-deliveey to the phew of the arise edam
hatiothaent sad panel sad *slit 011ie witnesses, tea
days before meat. This point depended on a um-
ber of statutes, .11 Edward 111. ; 7 William 111., c. 3,
'Anne, a 7; 36 Geo. 111., e. 7, and 67 Geo. 111., e. 6.
Se read the clauses of thetas Mantes applicable to the point,
mad waited upon them and on the late act of 11 & 12
Vitt. e. 12. Under theme providing of the statute. planers
with high treason were entitled to silt eitstite n-
and Liu of witnesses, bat el then Mr.
'Oldie was deprived, and he was, thereon, mad oon-
Mile& TM right claimed was sot a privilege derived from
the ithignam or rake of the nun, but a right to whisk
the pelmets, was entitled statute. The ebjestin was
properly whenwhenpiss and Ia proper time, before or at the
analgesia& The nest objection to the kids/meet was that
the ostiats fa the indictment eharging the pdesen_with
levying war against the Qum IMO set iiirimbalis la
respest of the words " wields this realm," Ireland net being
pot of this realm when the statute of Edward 111.,
under which the indlemeat was framed, was rimed. Ire-
land was not madob4rt of the King's realm until the nip
of Henry VIII., mid then called the land of Inlaid,
as it was even in apnea Lain, which were add erro-
neously to subject Ireland to all the preen xig statutes
of Mislead. The lest past—the entry of the comthr—
was entirely a point of form ; but, notwithstanding, the
plaintiff its error was entitled to take advantage of it. The
entry was, that the prisoner was asked what he had to say
" why the court Amid not give judgment against him,"
and not " why judgment of death should not be pronounced
eighth hies." No laxity of procedure ought to be allowed
in go solemn a matter. Upon all these grounds, be sub-
mitted that the judgment spinet Mr. O'Brien should be re-
Mr. Napier followed on the same aide, and want folly
into the statement and operation of the statutes before-
mistimed.
ll'Mattve o. roes Qoam.
The objeetioas taken upon the writ of error in this me
were preeisely the tame as in the cm of Mr. O'Brien. I
Mr. Seeger and Mr. O'Callaghan argued the cue for this
plaintiff in error. The latter had not concluded when the
home me, and the further hearing was adjourned.
There were some ladies in the box of the Usher of the
Bleak Bad mad in the spate adjoining it below the bar, and
it was mid they were nine of the relatives of the plaintiffs in
elm bat there was no crowd in any part of the hones.
Thai; were may members of the bar.

CENTRAL CRIMINAL COURT.
OLD COURT.—YEsTraDAT.
Bloom Ma. Sam Ausirow MID Ma. kW= 001411•14
MN ASSAM? OK A. FULL= AT HA :rerun.
Ww.Cierh, aged 80. described as a surgeon, was indicted
IX a 'golden' arm& upon Mary Hut
It snowed Item shoevidence of the prementriz, a pretty,
latelligeodesigeg gilt, fswrosen years of age, that as was
in theism's' ef elegy mast Smith at Hampstead; sad en
the Whet April she was meg her mistress to the hones of
dMr. Lord, a surgeon at that glee% fer ems nedidae. The
er, who was indolent is that gentleasa, was skins in
W surgery whoa Wpwsssatwit went in, and after he bad
pat some gasitielle of ealadaticate chancier to her with re-
ca to but Malik he lash her Into abs soesalting nom at
a:eV dm disp; sod there essamitted the elms' I=-
him The geedenlan dame, neat !kw pub-
, but it mearei &OW km the testimeny of the
prosseatriz, whM mg given in a coy wan awl eaadid
anprostaragrlenothi 'Lae bed 'w
plssnsr eir
would make
ma: retro to the
Mr. liana Allem apeomei an ophgeoasethat under
*eminbi the jury woad hardly think themselves *ge-
lled la itg the simmer upon the premed chugs, but
at the nem der there was no doubt that it was a most scan-
dalous presesiiii en his part.
Mr. Belleatime said he quite conatmed in the observation
of the lammed, but he thought it right to say that the
pelsemer wield saffier most enmity for the an he had coat-
milted. Its had lest hie situation, and metatter rain would
ry be the remelt The jury thisned • medic* of
eriGedity.

POLICE.—YwraaDAL
WOE&HIP•BTREET. _

Tea Taus APinly ox raw Burn Covenna Ram-
WAT.—Desid draw, a platalayez employed up= the
Beaters Owthe Railway, was pissed at bar for Baal
makuasa Wags& with having violently assaulted Imes
Carter, a Mieweedinsaa, sad thereby caused his death.
It append that es the awning of Thursday last, as the
prisms: sad Cater asesesespied ia paging was " sleepers"
uortia=tiassiemol absejeitsiseer thsitsollathe =re as
eassast to strike the prissesr, via in Was dale the de-
emed a Wawa blow with his fin, whisk sawed bin to fel
win the bash al his head. He was recessed Arthwith
bra lissre==esbawbses ha extsawdlishisind Act
aafterizte
had sale Mil sass the body, sad that the an
had
reamed a west " asskiestal death."
Mr. Amid gibes reed thst he was at slow to understand
apes what grays& the jcw had arrived at molts donnas. as
it was parked, stench lea the evidence of tbs witnesses
that the deesseed bed fallen hem a blow struck by the pri-
mer, nod bad thsraby unaileed the Wain which resulted
adds lath. Ilailer thew shownstancia he should deal with
Ike ems without miaow to any proceedings elsewhere
ash his felt it his duty to wank the prisoner for trial upon
the charge of aanalinghter.
The primmer was &Witted to bail.