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

Ms.—This statement produced an ez'assedihary esasstian
fa the awn,
• furor to witneet Debbym—Dli yes give this masses to
wty wee before you came to awn ? I did ; I mew
Waal it to some friends. I led them that I was einem
genvineed that this Dobters was the sem memo I bed saet
la the pablichosse. I swear that I sever eapeseal le be
haleght her.. I wrote • loner maim them fame, whisk I
mat to the Freeillee'll Jeuressf aloe, upon hawk* the ed-
demo given by UMW% with m Mow to MM. It Oahe&
When I west to dos eller, the
read the letter, found me to sem dows her Pilftsval
emote that letter I had sot theism limes anthill woad
be her. today. I ernalet myself at a *trims
ploeLtessaleg
from Dublin. It was my owa merin te os these
Yes. No as addled sal to do it beer: I them* ait
myself. I dmerilrd Dabbya'spenes to may &imam in Dah-
lia, when I was biding them.' Mae fare.
The iaformet Dobbya wee them masslatel by seed the
jeer, in refrence to the maths wide . he occupied Y mis-
tiest to the dab. an the war diresury. ot whisk be had
Mated varies. pastime:am ea his Ind emaleatiott. Hs said
that he ass sot • member of the Cessed of 21. That he
west to the miming is the capacity of • representative of •
dab. He wee • represeetative of • slab, and se seek homed
part of the awned.
The two witetaesewers then ordered to withdraw.
HZ. Wilkie. —1 think it rant to mks my selthewledg.
mesas to the attorsey Rental a.r sneaked this witamm to be
mandited.
The Lord Chief Justice, after • hider coarultatioa with the
other jags, ireueosa.caticei his charge, saying that
at the imaisee of the prisoner's annul, sad with
the mom of the attormy emend, the witness Dalton
Me bees embed ler the Ps time. 01 Oentradie& the
thlittri! and Deldiya is produced coo.
homed wi i, hue, and if what Dabbya says be erns,
the whole at dist statement • I Dalton is • pare sad absolute
febricatim. Dot if this witness speaks the truth, it Is far
you, sad you eadwiedy, to decide. if you think Dalton
speaks the t,. k, ru will not pay the dubtmt 'Palatka t
the mamma DobSyn ; cwt you will deal with the ease as
if you had not heard am .16M from his lipe. Yon will reject
his seaman. It reipht sot to opera.. on you. If yea eas.
not ressoaahly trust to his *admire, you nualat to deal with
dm cam without it ; but you should not deal with the ems
self you gem end.% to the statement of Dalton. Bat 0, on
the other hand, you believe Bibby o'i evidenee to be true
upon say of the sets apes which he is contradicted by
Dalt.p, lola still advise lot ant to aßow that coatradicti
to legume* your judgment, bat to trait it as if you had
never heard Baku). D dibya will, in that ease, be eatitled to
credit as if D.lti it hal never been remained, ad yen
have te try the esestsun indemadent of this witness. His
Lordship teen met. eded to sum up and memo at apes the
erridesce which brought the sea doom to the Vithinly,when
Mr. O'Brien celled span the pilimenien et )(abashes*
to earreader, proemial/is them promotive and bitter pay than
dtey tees had. This stridence about uoing to the barracks
la Mallinahme was most important, as to whether Mr.
O'Brien was widens, wield lately or a revolution; and
he, the chief ju thee, beloved that the latter was the obvious
view of the (ahem, for, to meditate dimming the soldiers,
or to platy them mud., any other pay but that of the
oevereigs,wat ea clear moven act of high manna, could be
cemented. Id.. lordship than cane to the affair of Baulagh-
goiamou, and said, whether Mr. O'Brees wee io command
when the *hot, ...re Pied or gave the command for that
purpose, dose oothideify. 'The fact riu ue to look to is tas—
tiest an armed body swayed Is crest multitudes mode en at-
tack oa the furors of the quoin, ewspellit then to take refer
la a home, sod then is their owa M Imam, cad In defame of
the property ads* qtr en, to Pre shots by which Inman life
was eseideed. His lordship tien read IlsMinspesteeTesot'a
evidence, and the aiernbeestiag mummy of several pekoes
me engaged In the affray at Farrianey. With meet es
the discrepasairs in the @widest*, it me to be observed that
trmuseticas meld sewed, be delliWilied by say tire
seem le the same way. The main imestioe ir,—.lo yes he.
vs there was as armed as. misly—that they wets armed'
for obstraeling the much of the body of polka' If sot,
why should they have pursued the palms to the Mese ?
why should they ham assailed and fired as them. This
mad sat have boa for the purpose of maiming anima But
them 1 one evert set, which Is proved over sad over again,
sad Untie • desenad he the arms of het Majesty's temps. If
that be graved to your Mlisfactitae I mesa lam
pie say set it • more decided end eaminivocal
cheesserr. Mr. O'Brien also aided on the polies
es ars themselves codes kis parteetiem. Pereteetim
fect what, en hem what ? It is hos that ea every
iseseihn whoa he makes the demand for are, he
aniketromes by he mesas le obtain yeamestion diem
sad to pot the temps at his massy. With respell le the
weeds Mash away beys, end Mulder them all" said to
have bees seed by kis, I think it nicht to state, I believe
them weeds were not uttered by Idea hat by some body else.
Bat that des mot make say differenee so to the minimally of
the language. They were all as. party, mimed is illegal
Set, end the ementaad Siva by one tmit petty is mama the
set of the other as die had Men ?romanced by his tongue.
And it is birth r highly inmastenal to seaside, whether the
maple fired with en without that commuted. They were all
shim for a fll.gd purp se, and c very else of the party was
titspanelble fire the sets of the other. The Imrsid judge
haviag conned the evidence of Carrell, and of another wit-
ness, Cos. continued thus And sow, gentlemen, I have laid
balm ma the entire of the evidence with respect to this am
fortsaMe traseaction. I shall now all your attestkm to the
'Tama* adduced on the pan of Mr. O'Brien. This 1, is
the lest place, 'astral evidence with reelect to attachment
to the mows and as to his ansmitutional principles; sad on
this gamma evidence there can be an manner of doubt, bat
that apes any part of this ems where our minds
might be to destr, or Might esprit& &Mealtime with
respect to the object' and conduct imputed to him
it would be impurtaat to stand to it, and give it al the
weight It deserves. Bat unfortunately in this peatiwelar
ewe bah's u we mama do Shia and it does appear la me
that early is Hank Is. Mr. O'Brien had emilefgese
malartunately some ohmage lu his political views, and that
then idea. smapeud themailves to his mind whisk he had
ant mantheasi ; bat wham*, may be the value of the
entiemay to hie damister, Hod forbid Mat I should deprive
him alit The ether 'dames as his part, wash I ha,
semi measly tort ark, relates to the roles of the Callidems
ties ad of the Dish Lamm TIMM rides appose to cow le
be perfeetly legaL I .ascot diaterver mything lu lima to
Mash to the Confederation the ides of criminally etessed-
am, nor saything, is shore, if defray observed, t
to say principle of the law, or open to any alleged's.'With
aroma to the mks of the league, which was foesad, se it
=, the members a the two bodies—tbe Cmiedera-
CamiliatimPhall—they are obaosious to eibeerva.
ties whatever. But the lineation is, whether these rules
wen observed by hits, or whether • eosins a mama at
variances with them was adopted by hies whoa • mambas of
those bodies, sad professing te art In ateledeale with their
rale& la the 'pooch of the 19th of Jaly—• remediable
speech on • remarkable occasion—dr. Cr Brims digiaildy
massive! to Masai the right, unoontrolled by •ay eager.
Bann with respect to these Is di. a, to pursue his worse
thrcatth the medium of the club to the object be thee cos.
templated. And now, gentlemen, I commit this ease to
your serioue emeacratioe. A high duty 7ou have te die.
charge—a most laborious duty it certainly is—a *aid duty
it mast be, if yes should take an anfevoanble view of the
evidence before you. I shell rejoiss U seriously, soberly,
and coisesieatioaely you cm come to the °ore:mica that the
prisoner is not guilty a the thug's alleged wad bat by
the crown; but if, on the ether band, seriously, soberly,
sad conschatiuusly yea *ask him guilty a these
there is no anuairatien that cm justify say bases
Is that boo is dam; otherwise thaa that which the oblige-
Bea a his oath deism&
A Jurew.—Before we leave the box, I wish to sok your
Willmar' on, question. Suppose Mr. O'Bries wished to
memo, sad Ia dMag so made an awash es the polies, would
that be high Drama
Lord Chief Justice —What I have to tell the jury is this
—According to Mr. O'Brien's deienos, the objets he had in
view wee his persona security. Well, if that were his
object, and h. only Oise, there is no reason to say that be
aught sot have made his serape. but he Dever attempted
to escape. These &nervations, however, must be taken with
all the other considerations of the ease, and you 11111 apply
to them such winch( as they &save.
Mr. Whitande.—The ciseetios, es I apprehend the juror,
my lord, is on a point of law. It h whether, if the only
salve operating on Mr. O'Bries's mind wheat he is alleged
to have steamed the polite, was to escape arm, would be he
'silty as high Demos ?
Lord Chief Jellies (tO the jury).—lf the sole and mein.
sive Mime of Mr. O'Bries were to eampe arreet—if there
wen no resent purpose invei,ving that particular purpose a
hl mdad, them, se matter what act' he might have es,
emitted, you are bound to acquit hiss el high 11•10111; bat if
as the seamy yes think he had, in 'Midas Maopsaosml
aline, a main' wpm, such as i ellestiAlia , •
repeal of the union' or any other general as Faded
'barmier, and that his sets ware commileled Ihdbeeeme
that object, you must tad blm guilty a Welk teems.
A Juror.—l wishes kaow if the attach of 111 r. O'Belem ea
the police were made to /Met 'Teen, and that he did all
wish to efellpr, would that be high tress,. ?
The Lord Chief Janke.—The resistsnee to the pollee, by
form or vinlence, no ureter how great, if mewled oat In
fartherance of the may object, permed security, would sot
be high treason, bat If foe the purpose of effecting the general
object laid in the indictment, it would be bleb theses.A
feror.—The principal expression all through the eel.
dente, as aged by Mr. O'Brien, ' protect ms--protect me
from arrest."

The Lord Chief Jasties.—lf you believe that to hairs
Loa his sole object you mast acquit hL, as I told you be-
im.

—it. Whiteside sonnted to his lordship, if it were act
warnsoaablr that he should state to the jury the annul
abject should he the repress object laid in the indictment.
He wee &held the jury Imbibe be led away by the vague
Wore sins phrase.
The lewd Chat Justien—Certainly; bat then is so
goaeral object fa the indietawlet farther than that of levying
war against the Tana, sad the overt acts la support cf tt
an than set oat. The shame is quite neneral. and I asa '
afraid the iadietaient will act suable you tte aman clearly to
saderstsad

Here some word., In a low t 0.., pawed between the Jaren
and the bomb, whereupon
Mr. O'Brien called wet *era the dock, “I whit to hear
what you soy ; be good eamigh to speak out."
Mr. Justice Moore informed the viewer that the wart
were merely airing direetloae to the jag te take some re-
heehaws Indere they retired to erasidar their varelkt, es
Uri would act here another opparteeity or dales es.
Theism this retired, sad were einsat he a New seiautee.
when BIL Belleitneileaeral addreesed a law wards to the
Nun, sad spikes were therefore glees to nob thew to tie
tax. Ilbey ,nonmed oweedingly in ao vets agreeable
seed espemidis, gash man with is.. bread la ids Mad.
Mel, sinekill Uwe lor sem *eel tModi nen
Mired le Widow enedin their runlet. The /nips