The Express.
London, England, 1848-08-16 00:00:00

IRELAND.

DUBLIN, Arousr 14.
Mr. Martin's brother was arrested yesterday in
Londonderry for " treasonable practices."
There are now paid guardians in thirty-one unions
of Ireland, and it is understood that the outlay by the
British Association in certain distressed unions
amounts to 10,000/. per week.
Mr. Martin's case was brought on this siorniog,the
crown having been unprepared with the case of Mr.
Duffy, and being unwilling to proceed again to-day in
that of 01)oherty. Immediately on the case being
opened Mr. Butt made an application for an attach.
mint against Mr. Conway, editor and pro-
prietor of the Evening Past, for an attempt
to interfere with the course of justice and
to intimidate the jurors into conviction. The article
in question asserted that there was no attempt at
defence in the case of Mr. O'Doherty, that the result
arose from the jury law requiring unanimity, and de-
nouncing the recusant juror ; the article referred only
to one, and all jurors who should refuse to convict as
sympathisers with the insurrectionists. Such, at
leas., was the complexion Mr. Butt sought to give the
article. The court, considering there was no prime
dent for the application, contented itself with severely
but not unjustly censurin-i the article, and directing
that no comment should be made on the proceedings
until their dose in any Irish journal.
After this interlude had terminated, another
speedily arose. A Mr. Barrett, who had been set
aside on the trial of O'Doherty, came to the book
to be sworn, and the crown solicitor called " wait."
The clerk of the crown did wait a few moments, and,
looking towards the prisoner's solicitor, said, " Do
you challenge? " Supposing the arrest of progress
was for his accommodation, and receiving no answer,
he repeated the words of the oath, " You shall, will,
and truly," when the crown solicitor cried chal-
lenge. Hereupon the prisoner's counsel claimed
to have Mr. Barrett sworn ; but the court,
aPer reviewing the circumstances, decided that
the well established law that a juror could
not be challenged after the commencement cf the
oath did not apply here, a■ the clerk of the crown
charly acted in error.
Some of your learned readers may desire to know
that in the glacial challenge to the burgesses as such
put in the case of O'Doherty, Sir C. O'Loghlen claims
to have a decision on the point in Lord Maguire's
cake in 2 Howell's State Trials. The crown rely on
the lame case.
The Attorney-General bad not closed in Mr.
Martin's case at post hour.
A new postal arrangement between Dublin and the
metropolis commenced yesterday. The mail to Holy-
head leaves at 11.30 a.m. from Kingstown Pier. The
arrangement does not give satisfaction in mercantile
circles. The complaint of the former departure was,
that it did not enable a letter from Dublin to London
to be answered until the third day. The same dis-
advantage will follow the present. Indeed, it seems
a strange regulation which sends the mail to Holy-
head, and makes it wait there three hours and
upwards before it leaves for London. Might it not es
well remain here three hours longer ?

TRIAL OF MR. MARTIN OF THB " FELON." I
The trial of Mr. John Martin, proprietor of the lately sup.
premed Felon newspaper, commenced this day (Mondo.s),
and excited remarkably little interest in the city. Several
hours of the time of the court were wasted with ttse usual
preliminary discussions. It wee just 2 o'clock before the At-
torney-General rose to state the case lot the t..rown. The
day's proceedings were commenced with the arraignment of
Mr. Martin, who was charged with having r,ublished in the
Felon newsper certain articles of a felontusr,Lharactcr, to de-
rive the Queen of her style, howitir, and title, &c., and
Pay-, war against her Majesty.
lachr., Blut
of the indictment,
w
wticyh the Attorney-Ge-
fno
1 aeral and Solicitor-General c pro-
mind the motion, was prhi aeirt, aQI C., applied
airm,, et, •ep
mind to the learned counsel by the counsel for the crown.

Mr. Butt then applied to the court for permission to have an
affidavit sworn by Mr. Edward 011orke, attorney for Mr.
Kevon Isod O'Doherty, to enable him to make an applica-
tion of a very important character. Mr. Oltorke then
handed in the affidavit to which a copy of the Dublin Even-
ing l'osf, of last Saturday evening, was attached, and took
the usual oath. The Attorney-General objected to the at,.
plk stion being made at that stage of the proceedings; it was
made on behalf of Mr. Kevon Iz O'Doheirty and the court
was then about proceeding with the trial of John Manic.—
Mr. Butt replied that he made the epplieati in on behalf of
Mr. O'Doherty, but the matter affected Mr. Martin and
every other person who might be chuffed with a political
offence at that commission. It involved the pure adminis-
tration of justice, and he would tell the tour th •t he would
not feel himself in a position to ..efend tiny one of tke
prisoners unless leave were given to him ti .n•ke the ap-
plication. Re did not like to interrupt the arrai4emeot of
the prisoner, or he would have made the application before
he nes arraigned.
The Chief Baron said that the court aho2l 1 hear what was
the nature of the application to enable it to judge whetter it
ought to be made.
Mr. Butt said that the application was fir an attachment
against an individual for conternet of that c suet and the mos
audacious attempt to pervert the course of public justice ever
made or brought before the notice of a court.—Tne Solicitor-
General said that it woe, there:or.' Xer more important to
make the application formally and legally, in order that, if
necessary, a prosecution for perjury might be instituted
against the party making the affidavit.
Baron Pennetather said that as it ass an appleation for
an attachment against a third person, be apprehended that
such au affidavit as was sworn upon hvt co- casi:m need not,
and ought not, be entitled in the case immediately before the
eosin.
Mr. Butt, Q.C., then raid that his appliration was for an
attachment against the proprietor and editor i f the Dublin
Earning l'olt, and that he be required to attend that court
to answer for mid contests's.. The affidavit of Mr. O'Borkst
stated that he purchased a copy of the Dublin Evening Pose,
which was published on Saturday evening, at the °Wm., in
Suffolk-street; that paper, he eller& circulated extensively
amongst the persons who served us jurors for the city of
Dublin ; and the publication of the evening to which he
r. leered contained what purported to be a report of the trial
of Mr. Kevon Izod O'Doherty, a,companied by comments
which were calculated to intimidate won, and obstruct
the due administration of justice. The !earned gentle-

man read the article and cootinned :• The ob-
vious insinuation in the article was, that only one
of the jury was dissentient, and the remaining eleven
were disposed to Heel Mr. O'Doherty guilty ; and the
plain and palpable meaning of the document was, that
the dissentient juror sympatbieed with the insurrection
and the clubs by which it was fomented. The article further
alleged that no defence had been made for the prisoner. Hs
would not nay that that was a libel upon himself, but be
.would say that it was a libel upon the administration of jus-
tice. Fur himself he would say that he bad made a daemon
which was no: disapproved of by the erewn counsel or the
coon. Ibe learned gentleman cmtend cl that his motion
should he ranted.
The Chief Berms said that the court haying looked over
the article, felt bound to say that it was nut inch a publica-
tion as ought to have gone forth to the renders of any jour-
nal at the period at which it appeared. Nothing could be
clearer than the observation that it was calculated to excite
feelings of hostility towards an individual who was charged
with un offence, and pending proneoings which were to be
lostituted against him. Sun a publication might amount
to a very serious offence ; it might amount to a libel upon
the administration of justice, and might he calculated to
interrupt and taint the course of justice at the very fountain-
head ; and if such publication, had the effect of intimidating
futon or exciting in their mind. pr judices, they being,
under the constitution, the projar tribunal to try the guilt
or innocence of accuseiparties in such cases, they amounted
to a contempt of court. The bench condemned strongly the
artcle complained of, but declined to act upon the suggestions
of the learned counsel.
Mr. Butt then applied to the court to have the trial of
Mr. Martin postponed for a day, on the gr int:id that he was
nut yet quite prepared to defend him, owing to the state-
ment made by the Attorney General on Saturday, to the
effect that he would put Mr. O'Dtherty on his trial ones
more on this day. Another ground Inc this postponement
was to be found in the fact that a variety of new matter led
been introduc d into the ineictments which did not appear
in the original informations, heist articles published in the
Felon si: re the peried of Mr. l'ilartio's serest. The crown
would not, he thought, be ircansenienceil it the application
was granted, as Mr. Ferguson was then prepared to defend
Mr. Willi me, the other proprietor of the Irish Tritium,
whose trial might th refute at once he proceeded with.
The Attorney Gent ral stated that the crown were not pre-
pared at that moment to go into any case with the exception
of that of Mr. Martin.

Baron Pennelather was of n; inion that there was abun-
dante of time for Mr. Butt to seat user the new matter in
the indictment before he would b. t.tilsd on to detend his
diem.

The jars' panel was then read cork r the clerk of the
crown, each juror being cAled um.n ap. salty of 40/. How-
ever, a considerable number of jurors absented themselves,
notwithstanding the largenees of tin tine. Atter a good deal
of fencing a jury was sworn.
The Attorney-General proceeded to state the case for the
prosecution, which he said was v. ry similar to the case of
the " Queen v. Doher;y," Lied durin r 'ale previous week,
although it differed in one point material y, and that was—
that the prisoner, Mr. John Marlin, was not only the sole
proprietor of the /risA Felon, but was likrwise registered r
the sole printer and publisrer ; wherries Mr. O'llonerty, the
prisoner is the other case he alluded to, was only registered
as joint proprietor, and was neither the publisher nor printer.
.The learned Attorney General then want on at some length
to state the law of the case under the late act of parliament,
and to m ration the cure -instances under winch Mr. Martin
originally started the Felon—namely, after the conviction
and transportation of Mr. John Mitchel, the p oprietor
of the United Irishman, whose steps he professed to follow
in the very first number of hie paper. lie then read the
several articles relied on for the prosecution, from five
separate copies of the Felon, and eont.nded that under the
ststu.e, I. the jury believed Mr. Martin to be the proprietor,
printer, and publisher of that paper, tney could not hesitate
to convict him upon tne indictment, fur the articles them-
selves could not bear a second interpretation. [Left
' i speaking

AN INGE:6IOCE DEFENCE was made in a cue tried at
Galway at the present &seizes. M. Connelly was placed at
the bar end arraigned, the grand jury having presented Lim
as a vagrant. The prisoner treiven.e.t. The void nce ad-
duced against him clearly prcriel that he was a notorious
bid character. lie had no settled place of residence, was
constantly brought before the nerristratest at petty sessions
on charges of sheep stealing and killing sheep ; he has pub-
licly sold in markets legs ot mutton at CAL each, and was
committed for trial both at quarter inseams and sofas s; but
1 so ingeniously did he continue to commit these offence' that
evidence could not be adduced legally to canned hint. That
he was a public nuisance was proved by four gentlemen,
two 01 whom were magistrates, namely, J. B. lieman, It M.,
end John Lopdell, Esq , before whom the prisoner had .eea
fr. quently brought, end upon the corpulent appearance of the
second named gentleman the prisoner made part of his defence.
The cas, for the prosecution having closed, and the prisoner
being called on for his defences, made a few observations to
the court in Irish, which Mr. Walter Bourke stated he
would, for the inform .Lion ot the con. t, translate, the state-
ment of the vintner being both ingenious and poetic.-
13 troll Li truy expreared his thanks to Mr. Bourke, who said:
My lord, the prisoner submits td..t all .he evidence given on
the pert of the propecutinn must he construed in his favour,
mid that the fact ot his being so often tried, and on no cca-
sion convicted, clearly shows he must be an honest man—
(loud laughter)—fur the same reason, my lord, as the
pr;soner states, that the more frequesly gild is mitten in
the furnace and tried for its genuine character the purer it
becomes. (Loud and continued laughter, in which Baron
Letroy heartily joined). lie tuttner submits, my 1 ad, that
his rise is analogous to that of Jut as in the whams'. be lly—
(laughter), tor that when Jon s escaped tram the belly of
the whale he went forth an untointsd character, and so he
insists he should be considered, having edap. d from the
clutches of Mr. Lopdr 11, wno the prisoner at Ms is in his
mind very like a whale, and who sought to devour him.
(Laughter.) He further, me lord, Musts that the Met of his
having meat frequently in hit preisseeion, and having gone
shout the countr. selling legs ot usuttun, demonstratively
proves his innocence, tor that it is inee-ly evidence to show he
is a man of industrious habits prosecuti.. g hts mot: at a butcher.
(Loud laughter.) He submit,., my lord, to en into the dock
and stand his trial Ise sheep stealing or any other offence
that may be brought against him; but he denies the exist-
ence of a power its the jury to find him pithy as a vagrant,
the whala weight 01 the evidence in hot opinion going to
prove he is an houest man. (Loud laughter.) Limier these
circumstances the prisoner, whose statement I have literally
translated, submits be is entttl. d to an aequittal.—Baren Le-
troy, who was greatly amused during Mr. Bourke's delivery
of the translation of the prisottel'e statement, sad it was a
defence very proper for • jury to deal with, which the gen-
tlemen in the box did by finding the prisoner guilty. lie
was sentenced to the usual penalty in such cases, namely, to
find security within three months for his future goat
behaviour, or in default thereof to be transported ass MSS
years.