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

same thing. It is stated that he alluded to a display that
had taken place on the previous night, and it is for eon
to say whether Le did not do that in furtherome of
a design to oppose himself in arms to the
police, and whether this nett wee taken solely and ex-
clusively for the purpose of protection, or in lureb. ranee of a
design to take the arms and ration of It.. police, with the in.
tent of peaces:in; to other places and do ng the same thing.
You are to consider, gentlemen, whether this was intended to
give IaIOCUS to a general movement; whether his attemp'iag
to turn the police from their allegiance, and strain them to
his own service—his telling them to march to Cellen, where
he would place them under pay—was consistent with tee ob-
ject of saving himself from array, or was not a step in pro-
, cress to an outbreak for revolutionary purposes. It
has been observed that the marching and other such
matters alluded to, were only a looking into the
condition of Mr. O'Brien't fore 5 for a distant period ;
but a witness has seated that Mr. O'Brien slit, "Nos is the
time to rue," and this is worthy of your notice when you
come to consider the observations mews wills refer, .ce to
the proposed intention. His lordship then reed the evi.
dente relative to the attack upon the Widow Cerelick's
house, and told the jury that the question for their con-
sideration was, not as to who fired the first shot, but
whether there was what in law amounted to a Inning of war.
[The le =reed jutge here read Mr. Smith O'Brien'. letter to
the Miring Company, a• d costinusdl —Gentlemen, this
letter is a rem of evidence different from the rent. It is cat
the evidence of a witness liable to be deceived by fergetful-
noes or any other cause—it is a lett r of Mr. O'Brien Wm-
self, his handwriting proved by a whams, Mr. Fear klfa,
awl the letter itl. entice; by Cadcn a, the one which Ms.
O'Brien I ended him. To persons of your intelligence I
need scarcely offer any observations beyond what the perm-
sal of that elecutner.t would convey. C mole that document
with the positioa token up by Mr. O'Brien at the Widow
Cormick's, h out to the police indue events to give up
their ernes, and *Tering theta protectien if they weeul-1 aid
him—reaming about in arms, end assuming, In this lee.er,
power and authority to dictate in the event w the BUCC,INI of
the Irish revelation. It will be fory uto soy, leek:rig at this
and the r, at of the evidence whitey and dispu.i nately
without prejudice, whetl.er you can give to these trans-
actions the character of a mere asisocieUen, a:elusively for
the purpose of protecting Mr. O'Brien, or wheher ft does
not augg s' to tea eenable, Intelligent, a eat observant men that
of a war Ivied with moro be less inteasenears during these
five dare ntleraeo, that is exclusively toe your considera-
tion. The ',firmer has not produced any witness, 'eve to
give a character to the uniferm, the nature of etiek has
been already duped of. And with respect to his mercan-
tile character, I em unwilling to offer any entree-
tioaa; but I feel it my duty to remark this, that
the character th it has been given :s net a chareeter appli-
cable to the offence with which he stands charged ; it is
but a repetition et what has been given by some of the wit-
&ems for the crowu, though coming now from persons of the
highest position in society. It repreeents him as a person of
high integrity and intelligence as a men of nosiness. But I
dare lay yon arc familier with tlai4 remark, that the charge-
ter a man stets on such an occasion must be applicable to the
offence with which he stands chargt 1. For instence, when
the offence is troason, to prove that he is in Melt credit as a
inercen tile man is scantly an ,newer to the emerge non laid
against him. It would be better if they had &eked their wit-
ness with respect to his general loyaity to the Queen, or at-
tachmeut to the institutions of th: coutetry. It would ba
much more setts( Jittery if he had produced some friends to
tell for what purpose he leld come to Ireland at this partim-
lar time. Gentlemen, let cm cot:elude by sayin; that all
these matters are fee your c3ntideratent oda ively. The
facts of the cane 'on have heard ably commented upon by this
prisoner's counsel, and the counsel fee the crown, and I again
tell eon emphatically, not CO place the slightest yahoos
upon a single observation that may hay., dropped from me in
the course of my charge in respect to this momentous ease,
fur her than your own judgments, and your own consciences
ratify the same. I meat toll nothing to what has fallen from
the counsel at both rides, as to the I:spent:moor the ultimo
charged. A more &well or emcee teat one there could net he
advanced against any human being stn :ding at the her of a
court of justice. The public Interest end public sefety are
deeply involved in it ; but eou art net to swerve one atom to
the riget or to the kit on that it 'WWI% You own &nand
beide, your own good hearts are to guide you ; and I have
no duubt from the patient attention with welch you have
listened to the use that you will do justice, and teat your
verdict will therefore be one satisfactory to your coneeieuois,
and therefore satedaetery to the crown and to the prisoner.
The jury then retired at lino minutes to two o'clock.
, Mr. Bu't: My lore, there is one observation that occurs
to me to make, but if the jury already understand the charge
it would not be necessary. There is. however. the possibility
1 of a misapprehension as to the way your lordships left the
law to them in t: c celemencement—namely, that to cerstl-
, tote the guilt of the prisoner it w:uld be necessary that
I he should concur in the Funeral object. Non, if Mr.
, O'Brien had a tteneral object, and that he did not caneur in
, it but only in the personal object, then the offence charged
sgainst him would not be complete ; I would, therefore, a•lt
, your lordship to tell the jury that they must be satisfied that
. the prisoner at the bar had knots of and concurred iu the
, general object intended by the others, before they can And
him guilty, the intention beine tin esser.tinl ingredient in the
. mime end existineinthe prisoner's own breast.

Chief Justice Cle‘kburne: We think the charge of the
Chiet Jon ie° bat left it as distinctly asp:usage upon the ge-
neral intentinn.

Some further maceration sorted on this subject, which
was intarapted by the return of the jury in•o tour..
The foreman handed down the issue paper, and the most
atxir•us suspense and excitement at mace seemad to permits
the court.