The Express.
London, England, 1848-05-17 00:00:00

its being seditious. The first charge is, that by the use of
this langaage Mr. O'Brien intended to raise *edition and
rebellion in that past of the United Kingdom called Ireland,
and to cause it to be believed that the subjects of the Queen
in Ireland are grievously oppressed under the law as at pre.
sent established, and by and under the government of het
Mejesty the Queen is Ireland.
l r.Berr.—There is one count before that, my lord.
The Loan CHIN? JUSTICI Yee, it is that he incited the
Queen's subjects by fines and violence, and that he used
words intended to incite c. stain of her Majesty's subjects
serving in the army, navy, and constabulary ; and it is
farther charged that he used this language for the purpose
of making such attempts as aforesaid, and that he caused it
to be believed that her Majesty's subjects serving in the
army and navy would not resist such attempts. Hero there
are, as you will see by the indictments, a variety of design.
and intentions charged to the defendant, and, as I
told you before, it any one of these designs be
proved, the charge of sedition is completely established.
fhe next observation I have to make is this. In considering
the language which forms the subject matter of this charge,
your duty ts to read the language and understand it as the
persons to whom it was addressed would understand it. It
ts no matter what may be passing in a noon's mind ; we must
judge his intentions by hie words, and those words must be
taken by the jury as intended to mean what such words in
their plain and natural signification would import. It
is not in the power of the law to allow a man
to attach his own meaning to his words—he must
stand by the meaning which those who hear them attribute
to them. You will see at once that if such were not the law
all responsibility fur wtitten or spoken language would be at
an end. Again, you must take up this speech as it was un-
derstood by those to whom it was addressed, and by that tied
the defendant innocent or guilty. From that the law does
not allow him to escape. 'Cho next consideration which 1
wish you to carry with you in forming your judgment on this
case—for, observe, these are all preliminary remarks to serve
as a key or index by which you are to be regulated
and guided when you come to consider the language of this
speech. The next point fur you to consider is the question
of the repeal of the union. Now, gentlemen, that question
means tins, and nothing else. The union consists of the
acts of the Irish and British parlia Dents. These are acts of
the two legislatures, the result of which his been the legis-
lative union of the two countries. These acts of parlia-
ben I am again to tell you, can onl be repealed
y law—they are only capable et being repealed
by an act of the imperial legislature—and there
is no other power by which such a legislative
change could be effected. But this repeal,as the repeal of any
statute to to be effected, is an object which it is perfectly
lawful to contemplate, and by legal means to bring to
the test. As it can only legally be effected by an act of the
legislature, the means by which it is to be brought about are
those which are ordinarily known to you as the means by
whit o the legislature can be moved to exercise its functions.
It is the right of every subject to petition for the repeal of an
act of parliament. It is the right of every one, through hie
representative in parliament to procure if possible the
repeal of any act. It is the right of every man
fully, fairly, freely, and without control, to die was the
merits, and to ezpoec the demerits of soy act, either of the
government or the legislature ; and there are no means of
reason, persuasion, personal influence, or any other consti-
tutional device that may be imegined, which are not given
lawlully to every one who may wish to effect changes in the
law of the land. But these are all preliminary to an act of
the legislation, by which alone the thing may be accom-
plished. If you should be of opinion that the
speech before you confines Wielf to the things
I- have meationed, that persuasion and reason
only are contemplated to work on the minds of those who
have to make laws for this couatry, it is exempt from the
charge of *edition, as being enact which every subject of this
realm has a right to do in order legally to accomplish a legal
urpose. But, while on the one hand, I tell you how it is
lawful to act, I must come to another consideration which is
material to the consideration of the subject. However fair
and legitimate as end, the repeal of the set of union may be
in itself, AM sot to be accomplished by the w s of illegal means.
It is not to be accomplished by actual force soy the threat
of force. Neither is tt to be accomplished by the threat of
foreign invasion, foreign money, or foreign assistance. The
aims of these men who advise people to have recourse to
such aids are utterly illegal. I may. say that the act is
treasonable, and the advice to commit it is seditious. There-
fore, in the cousideration of this case, you wi,l have to bear
in mind this important point, as to the construc'ion of the
words—their natural, plain, and obvious meaning. Is it
such as to fall within the clam of meanings I have
already mentioned as legitimate, or does it fall
within the latter class 7 Is it exhortation or threat 7 Es-
hortatioo to violence, threat of force or threat of foreign in-
vaaioa ? That will be for your conside ration, because if that
be your deliberate judgment on consideration of this speech,
you will have no alternative but to pronounce it seditious,
and seditious in a high degree. But there is a third view of
the subject which must not be omitted, became, there are
passages in this speech which, if not falling within the second
claw of illegal means I have been disclosing, seem
to deserve end fall under another consideration,
and that is whether the repeal of the union be not a mere
pretest, and whether the real object be not a dismemberment
by fore, and foreign assistance of Ireland from the British
empire. Gentlemen, lam pointing out these things, not as
the actual meaning of this speech, because it will be for you
to decide what that is ; what I have point d out to you, it is
possible from certain passages in the speech, if not the inten-
tion of the traverser, may be the meaning that speech is cal-
culated to convey. Now, having dents so much in the mil of
preliminary observation' I shall call your attention a little
in detail to the speech which forms the subject matter of this
prosecution ; and after that I shall revert to the traverser's
defence, and see how far it is calculated to remove the im-
pression which the evider.ce for the crown has left on your
minds. The meeting of the 15tb March was remarkable.
It 1/11.1 convened—Mr. O'Brien being a distinguished member
of the confederation —fur the purpose of congratulating the
citizens of the French republic. It was certainly—l will
not say mere—a precipitate movement, a very early indication
of a desire to conciliate a party which, in France, had over-
thrown the established form of government. And here I
would use the words of one of the greatest and wisest of
men in speaking on the subject of a former revolution : " I
must be tolerably sure before I congratulate on men a Mesabi;
that they have actually received it. Adulation is no service
to a people. I should, therefore, suspend my congratula-
tions on the new liberties of France until I was informed
how they were combined with good government
and public faith, with the discipline and obedience
of the army, and a fixed and well distributed revenue,
with morality and religion, with solidity and proeperity,with
peace and order, and with a perfect state of civil and social
balance." But this measure wee called for ; and this address
to the French people was drawn up by Mr. O'Brien him-
self, for you will find he said, " Now I have to present to
you the document which has been entrusted to me by the
committee. It will not be necessary for me to advert to it,
or to accompany It with comments, because it has
been written by myself, and for this document I make
myself personally responsible." Gentlemen, I will not go
through every portion of this address which does not bear
directly on the subject before us ; but you are perfectly well
aware that these being all parts of the same speech, you are,
for the purpose of seeing whether the traverser is guilty, to
take every part of it in connexion with the charge made
against him. Be is entitled to everything that shows the
absence of sedition, and he is bound by every part thatshows
the presence of sedition. liere is a poems :
" We, whose nationality. was extinguished by the basest
arts—we, who daily experience the countless evils which re-
sult from that unspeakable loss—we, the inhabitants of Ire-
land, now claim your sympathy. We have firmly resolved
that this ancient kingdom shall once again be free and inde-
pendent. In imitation of your example, we propose to ex-
haust all the resources of constitutional action before we re-
tort to other efforts fur redress. Time will unfold our pro-
jects, but we hesitate not to tell you, in anticipation of the
future, that your friendship may increase their efficacy, and
accelerate their success."
There is a determination expressed on the part of the per-
son who sent this address, that they are resolved their king-
dom shall be again independent, and they look to the French
people {for great sympathy and support to accelerate their
object. The next portion of the speech la order is that which
referred to the Youghal address, and there are many passages
in that to which I do not now call your attention, because
it is not neeessary • but there are several passages of that
address which are absolutely treasonable. But I would call
your attention, in considering this and other parts of that
composition, to the great and broad distinction between the
I announcement of abstract propositions, and the inculcation
of opinions, with advice added to follow them out. One is
totally distinct from the other. One stimulates action right
or wrong, while the other remains inert and perfectly a dead
letter. The second paragraph in the Youghel address,
which is called " the Creed," says :
" We believe that the soil of Ireland, and every part
thereof, and all profits and emoluments to be derived there-
from, of right belong to the Irish people, and not to the citi-
zens of any other country whatsoever. We believe that the
right to make laws for the Irish nation belongs to the Irish
people alone, and that the exercise of legislation for this
country by the parliament of England is an usurpation which
it is the sacred duty of Irishmen to overthrow."
Gentlemen, it is neediessto say that the parliament of Eng-
land, which is here called an usurpation, is the imperial par-
liament, and it is that which they consider it to be their
sacred duty to overthrow. Now, unquestionably, the word
" overthrow" does is itself denote something very different
from ordinary legitimate means. The very term imports
some unconsutuuonal action ; bat I should be seiato fix its
force, and say that such was necessarily itsm . You
will have to say whether " overthrow" is meant in the terms
I have stated. The address gees on to my:
" We believe that consistently with that duty no Irish-
man can become the servant, pensioner, or ally of any go-
vernment professing to uphold such usurped authority of the
English parliament, or to administer laws emanating there-
from. We believe in the right of all Irishmen without dis-
tinction to equal liberty. We believed the undivided alle-
giance of Irishmen is due to Ireland alone ; and the Irishman
who bestows upon any other land that filial devotion which he
owes to his own is guilty of the worst description of treason.
We believe that every Irishman owes to every other Irish-
men the affection of a brother, and that whoever by example
or teaching inculcates the contrary sentiments, is the enemy ,
of God and his country. We believe in the right of aa er- I
pressed nation to assert their liberties by arms. Aad we
believe, under God, in the resurrection of our country's in-
dependence."th
These ere e opinions of the Yonghal Confederates, and
I trust you will have no difficulty in deciding on their mesa-
tag. The passage of the speech following this appears to suggest
the particular mode of carrying the opinions expressed into
effect as with reference to the landlords. You have heard
that passage read, and therefore I shall not repeat it. But
this it is necessary for yens to attend to. (The Lord Chief
Justice hers read the passage threatening the landlords with
a transfer of their property to the national treasury.) What
doss that parse utter ? Dose it contisraplato the to-

people of no other country,"would the English Attorney-Gene-
eakdare to nand up in an English court, and call upon an Hug•
lisp jur to convict the man who had said so. He (Mr Butt)
would show them presently that Lord Plunket, Chief Justice
Bush., and Sauna had demanded the earns thing for Ireland;
and if so, would any jury convict Mr. O'Brien for merely re-
peating their sentiments, for saying what throe illustrious
Ire love had frequently said ? Therefore, whatever might be
the prejudices of the gentlemen be was then addressing upon
the gunge* of repeal, he besought of theta to re member
that they we» to try Mr. O'Briea for repeating what
these venerated authorities preached. Thy
.had said,
and Mr. O'Brien said—" We believe in the right of an
oppressed nation to assert their liberties by arms." Now,
if he (Mr. Butt) did not justify that sentence to their
consciences —and it was, in fact, the issue—hi would called un
them for a verdict of conviction. The right of an opprem
nation to Assert their liberties by arms was the admitted
theory of the British constitution, which recognise th t
a
right when governor transgressed the rule of low. d The
»volution of 1688 was nothing else than apassertion of
the penile to vindicate their liberties by and he
would say that there was • time when an attorney-general
would Its» been impeached for attempting to dispute their
right. In the very year he bad referred to the celebrated
Sacheverell was tried and found guilty for preaching a
sermon in which he questioned ttus same right. Works
were written and taught in their universities in which
the right he advocates was held as ob ble. The
learned ettratlentan here referred to Locke and Paley
in support of his argument, and contended the' his
client bad never uttered a sentiment which did not
agree with the sentiments propounded by those writers,
aid taught even to the students of universities
in
their colleges. He mild only what he hail a right to
say, namely, that if the Queen was sash enough to make an
attempt to infringe their wined rights as citizens, they wets
justified in resisting ; and no jury would find a man guilty
for making the abstract assertion. Ile (Mr. Butt) now came
to the speech of the traverser, and he would request of the
jury to listen to it without prejudice. He was nut gi ing to
deny it ; on this contrary, he admitted that it was an advice
to the Irish nation to put themselves imam attitude to be able
ea vindicate their liberties, if assailed. lie made that &dun:-
*ion ; and he submitted it was one fully borne out by the
Bill of Rights established in 1688, when James the Second
was driven from the throne, beeline he resorted to arbitrary
manures, and disarmed a large portion of hi. subjects.
speechffirs of the crown h ad not set out the
of the traverser fully on the lace of the
indictment, and he (Mr. Batt) would not quarrel with the
omission ; but he would say that a great deal was left out
which qualified the other parts. The learned counsel
r referred to some passages of the traverser's speech to
show V at his true meaning did not appear in the Informa-
tions, as he had most distinctly called on the people to pre-
serve the peace, and declared himself an upholder of
monarchy. Mr. O'Brien had disclaimed republicanism, as
he (Mr. Butt) then did on his behalf, awning tout he was
then, as he always WM, a firm supporter of monarchy under
the Queen, Lords, and Commons of Ireland ; and Le would
stiffer death at the scaffold sooner than deny these
principle. He (Mr. O'Brien) bad made no attempt
to subvert the Queen's authority in Ireland, ho wished
to restore tag ancient constitution, but not to subvert the
power of the monarch. He merely quoted the words of a
British cabiusd minister (Lord Mints) negotiating between
Sicily and Naples ; and yet when a minister was so acting
abroad an Irish Aturney-General wanted an Irish
juryto find • man guilty of sedition beeline he
sought the same thing for Ireland. lie suggested • peace-
ful meeting, and advised the people to hold it in op-
position to the proclamation of the Lord Lieutenant.
And a proclamation was not law—and the people had •
right to maim., if the armed force of the country were put
forward to maintain it. Mr. Butt having read one
of the state trials of 1791, where the jury found • ver-
dict of acquittal, called on the jury to hod a verdict sus-
taining liberty not as too many Irish juries—all, with caul
amp found verdicts sustaining prerogative.
And then there was the suggestion of an Irish brigade.
Surely if ever there was • man in whom reference to ouch a
brigade was pardonable it was one bearing the name
of (O'Brien. But, unless—he would boldly say it—they
found the verdict of partisans they could nut find that Mr.
O'Brien contemplated that that brigade should invade Ire-
land. But he spoke of sympathy from other countries,
and the Attorney. General asked them to fiat that sedition,
forgetting that her Majesty's foreign secretary had the
other day recommended her Majesty of Spaiu to give more
liberty to her people, and to change her ministry. Was
not that what Lord I'almerston's Attorney-General now
indicted? The same minister the other day declared that
the Portugneee, if they did not obtain a tree parliament
from their Sovereign, should rise and assert it by arms.
And with this declaration before him indicted Mr. O'Brien
for the speech before them. But Mr. O'Brien suggested
that a time might come for resistance. Mr. O'Brien con-
templated the union of all partit s to demand repeal. Now,
though some of the jury might suppose that universal
demand for repeal not likely, yet strange things happen
every day—would any man say that repeal ought nut In
that case to be granted? Why, if that day came, if be (Mr.
Batt) were offered the highest reward fortune or his
.profes-
sion could afford, he would, he hoped, reject it if it were
coupled with the conditioa that he should sup•
port that which would subject hi. country to eternal
degradation. Mr. Butt then read the op.nions well-
known—of Mr. Saurin and Lord Pim ket against the union,
and asked why was not Lord Plunket indicted. The learned
counsel also quoted • passage from a speech of Baron Le-
boy previous to the passing of emancipation, in which he
stated that the King of England wan prevented from marry-
lag a catholic last the Queen might influence him. If the
sovereign enlisted that law, he abdicated his right to the
throne. In the same manner, if the King were manifestly
uuder the influence of • favourite minister, what would be
the rank ? That the allegiance of the subject would be
forfeited. Now, why did not the Attorney-General
go into the Court of Exchequer, take the Baron who
spoke such lanauage from the bench and prosecute him for
sedition? No time mild lapse Use liability for crime. The
learned gentleman read an extract from a series of reso-
lutions, passed by the assembled people of Tyrone
in 1782, in sustainment of the principles advo-
cated by Mr. William S. O'Brien. Mr. Butt then pro-
ceeded to consider the policy since the Union, main-
taining that laws were made for Ireland to convenience
party, riot to serve the country. Ile adverted to the
decay of trade and the recent famine, and he asked would
the jury find guilty of sedition the cry of the pangs of a
nation, issuing from the mouths of those who loved her?
Be had said all Irishmen were despised—was not that
proved ty the declaration of Mr. Macaulay, who had, u s
British anteater, declared that even if all Ireland called for
Reveal, England would not grant it, because it would be,
not for England's wage. Again the learned gentleman
quoted • recent pass from the Times which ridiculed
the proceedings of Irish courts of justice, and of an article
by Mr. Carlisle in the Examiner (a Whig journal, said
Mr. Butt), in which the Irish people and the Irish
gentry were scoffed at. The learned gentleman continued
to remark upon the circumstances of the country, and its
afflictions, and its miseries; and he implored the jury not to
blaspheme the freedom of this land by finding a verdict of
guilty against his client. The learned gentleman appealed
to the ids
and policy of Mr. Smith O'Brien, and oohed could
such • man he a seditious enemy to peace and order ? Let the
jury act as those of England did who refused to recognise the
doctrine of constructive treason, and to the prosecution of the
Dean of Saint Patrick's, Dr. Swift, who for wiping in 1763
what Mr. O'Brien said to day, was prosecuted by the At-
torney-General of that time, and who, though nine times
told by the Chief Justice of that day;they, were bound by
their oaths to find him guilty, yet nine times gave a verdict
of his innocence. Let the jury remember they were the
judges of the feet, and let them do justice. Mr. Butt
proceeded to ask were not the opinions of all classes ire
Ireland despised ? Was not the government carried on in
defi aim of public opinion ? That was the real question
they had to try. 'they saw military preparations—why
were not the men who had conceived the intention of an
insurrection—if there were such—arrested ? No, that
would not do, for the object was to prejudice that trial.
The learned gentleman concluded a most eloquent appeal,
of which we have hardly even suggested the heads. The
learned gentleman said in concliudon, gentlemen of the jury,
proclaim that the day. for insulting Ireland haa gone by,
and tel. the British minister that he, is traitor to rho Queen
who advises her to found the British power in Ireland upon
any other than the affections of the Irish peek le. Mr. Butt
then sat down.
A partial cheering Mee through court, and one young
gentleman in rho gallery, who was seen by the Chief Jus-
tice, his lordship directed to be taken into custody. This,
however, seem d to have little effect, for when
Mr. 81111,116 ANT WARREN, in him reply for the crown, dis-
sected the vista and cases cited by Mr. Butt, series of
fresh interruptions took place which materially damaged the
effect of his speech.
The Loille Cuter Juarice.—Gentlemen of the jury,
in this case her Idej sty's Attorney-General has Wed an in-
formation against the traverser, William Smith O'Brien, the
subjects of which information are certain mussages frem •
speech delivered by him en the lfith of March, in the rese
nt
year. I say certain passages, because you are now awa
that there is a large portion of that speech which is not tran-
scribed, and which, so far, is not before you litany other sense
than your having heard it read, as well as what
is stated in the information. It is for you to consider
whether the portion omitted either qualities, retracts, or
explains that portion which forms the subject matter of this
inquity. The first consideration for you will be whether
thes be a seditious speech in the particulars charged by the
Attorney-General. So far as regard• the speaking of this
speech there exists no difference. If there did it would be
farther matter for your consideration • but it is conceded
that the report furnished by Mr. Hodges,d the government
reporter, us a correct report, so that on that branch
of the subject you lave no difficulty. The difficulty,
whatever it may be, consists in this—can you, upon your
oaths, be able to find whether this portion of the speech, or
any, was delivered with all or any of the intentions charged
is the information? You have been told, Over and over
again, that in finding on the question of intention, you are
subject to no control whatever. The learned counsel
for the traverser might have been perfectly s-
eared that it was unnecesmry to repeat that, for
it is my bounden duty to state it in the MAIL
unqualified terms. Uncontrolled you are and must
be -by me, but still subject to that control which noise
of us can escape—the control of your own sense of duty,
and the obligation which your oath involves, and which
cannot be avoided. In the assistance which it is my duty
to render you I shall first call your attention to the
designs with which this speech is charged to have been
uttered by the information. And I need not define to you
what sedition is ; because I am quite prepared to say that it
the language uttered by Mr. O'Brien was used with any one
of the Intentions charged in the information it would
in that case be highly seditious. Therefore the
question, as I said t Moth, is, was it urged with all or any of
Awe intentions las, it it was, there can be no doubt as to

peal of the onion by legitimate means I I should say It
impossible to contemplate u a legitimate effector the repeal of
the union the sec &cation of the property of those who do not
assist in overthrowing the Imperial Parliament, and I cannot
understand, the union being repealed, and the two countries
remaining under one mown, how any man meld speak of
confiscating the property of the landlords so long as the
dominion of the crown extends to both countries. The next
passage requiring comment is that which relates to the mili-
tary and police. (The learned judge here read the pelage
recommending fraternisetiou, already quoted in the Atter-
nay. General's speech.) I do not pretend to give you en
exact definition of the word " fraternisation." It is
one which has been imported from France, bat
I am able to suggest what it means here as used
by the speaker. It means to co-operate with tho soldiers,
to enure their sympathy, to make them parties to coo federate
designs, and the instruments in carrying those designs into
execution. The object is to make the soldiers allies—to
make them false to their country and their Queen. and per-
jured to their oaths. (His lordship here read the extract re-
ferring to the police, commenting on it in a similar manner,
and proceeded.) The traverser here calls the polio*
• beadle force. Why hostile ? We know nothing
about the police but that they hare always
been dilthful to their duty, and therefore could
not be hostile to any person except one who was
violating the law. But the concluding passage—that
on which • witness was examined—is one in which not •
single controversy was raised, and you are bound to take the
tone and planning of the passage. (His lordship read the
runge relating to the "ten thousand men in native
gross. ) The learned counsel for the traverser* knew that
that passage had been read, and yet n-A one word had he to
air la its qualification. I must ray that, with that passage
wholly unexplained, the charge of sedition in this cam end
certainly stand.
Mr. Butt.—Your lordship does not expect me to be a wit-
awe. I left that point to the jury.
Lord Chief Justice.—Just so; and many ether things.
Gentlemen, the next passage introduces the subject of French
sympathy and assistance. (Extract respecting French inva-
sion read.) So, according to the speaker, the loyalty of the
people of Ireland is to be conditional. If certain conditions
are granted, we are to be defended from the Kintexenetnies,
but ea no,other condition. The further object of this par
sage is to make the people of Ireland believe that incase they
revolt the people tied government of Franco will be prepared
Kuala their projects. What other object could such specking
have except to intimidate the government or such asewsbws
of parliament as might disagree with the speaker ? (The
learned judge having passed a similar commit on
the passages relating to America continued: But,
gentlemen, although I have expressed my opinion as
to those peerages, it is not to control yours. I I you come to
a different conclusion your verdict will be in accordance
with your view. I cannot too frequently warn you of this ;
that although I tell you my opinion you are not bound to
adopt it ; and if you see I have formed an erroneous
opinion on those words, you can, if you see fit,
suggest a more innocent view of their meaning. And now I
tome to the consideration of thew parts of the speech which
are not in the information. The learned counsel fur the
traverser insisted on them being read, but they did nut seem
to coutain anything maculated to quality whet had
been stated by the Attorney-General. I have nut
heard a single passage read which qualities or
explains anything set out in the indictment. The
passage quoted at the greatest length, at the request of
the travener's counsel, was that which called upon the
people to arm as • means of preserving them against the ag-
gressions of government. That is, they are to assume that
government intends to use her Majesty's forces in oppres-iog
her unarmed subjects. I must say, with respect
to that, that it is greedy libellous to impute such
intentions to any government. What ! that the government
is likely to massacre the Queen's subjects by the aid of the
Queen's forces. I can lied nothing in the speech to explain
away that libel, but I find abundance to strengteen the sedi-
tion. If, gentlemen of the jury, ou will take the trouble of
going through the remainder of te sprocalifyh,as I have done,
, think you will tied, that so far from qualifying or restricting
of contradicting the parts si t out in the indictment, you
will find them confirmed and strengthened in every parti-
cular. And now let me advert, in as far as I have been able
to collect them, to the topics of defence used by the tra-
verser's counsel. The first consists in unmeasured con-
demnation of the legislative union. Into the arguments
by which that condemnation is sustained it is
ant me province nor yours to enter. But I tell you this,
that iiyou allow your verdict to be influenced by any one of
those arguments, or any one consideration arising out of the
demerits or defects of that measure, you will be led awe).
from your duty and will violate your oaths. Whether
that measure was right or wrong, ought to be
repealed or preserved, Mu no manner of connexion
with the question you have been sworn to try. The issue
for you to consider is, whether or not the speech set out in
the indictment is a seditious publication. Again, auxiliary
to those arguments, you leave been told the opinions of •
great many eminent men. Can any one believe, that being
sworn to try • particular question on particular evidence,
you can be released from your oaths by what men
thought 40 or 60 years ago ? In the case of an accused
person great latitude is allowed to the counsel instructed
with his defence ; but it is the duty of the judge to
rural the jury to the question they have to try, add
to warn them against being warped or iotluenced
by things which when soberly considered have no-
thing at all to do with the can. What Mr. Sauna
or Mr. Plunket mid fifty years ago, would be no justifica-
tion for your verdict, it you gave one of which your
conscience did not approve. Again, the learned counsel de-
claimed at great length on a variety of abstract opinions
and constitutional doctrines. These may be all proper in
their way, but will net help the jury in coming to
their decision. I have now gone through the points urged
by the counsel for the ill,olser, but I confess I should hare
been better pleased had he taken up the speech in the in
formation, and explained the different charges therein
contained. He hat left me and you, gentle-
men, without esaistance. But this in conclusion,
I will tell you, that important, interesting, arid
exciting as this case is, I wish and pray that you may
look upon it on its own merits exclusively, and that you may
discharge from your minds prejedioes which may be fatal to
the course °Nestle". It is on every account your bounden
duty to repudiate and cast off everything unconnected with
the question you have to try, so that your verdict may be the
mutt of your honest, unprejudiced, and sober judgment.
The jury retired at half-put 6 o'clock.
At 10 o'clock the jury came into court and informed
the Lord Chief Justice that there war no chance of
their agreeing. His lordship then directed that they should
be locked up for the night, and that he would he in atten-
dance at the court this mowing (Tuesday) at 10 o'clock.
The application of the jury for relreahmenta was refused, but
there is no chance of a verdict being agreed upon. Vast
crowds escorted Mr. Smith O'Brien, but with the exception
of greening at the Castle gate!, shouting, and Miming, all
went off quietly and peaceably,
The city remains perfectly tranquil.

CENTRAL CRIMINAL COURT.

NEW COURT.—Before the Osman* **ant and Aldermen Sir E.
Marshall sad eapelsad.
LIBEL ON OUANDISNS OP THS FOWL—Edward Ilan- '
rock, publisher, of Summer-street, Clatters garden, convicted
lest session of publishing a libel on the guardians of Clerken-
well, and liberated on recognisance, came tap to receive
judgment. —On the trial the defendant urged that he
bad been furnisited by Mr. Mason, one of the guardians,
with the information which formed the matter of
the libel, which was, that the guardians had a
guilty connivance in the death of a pauper boy named t
Erry, who was scalded to death at Mr. Aubin's pauper esta-
blishment at Norwood. Tho defendant produced the docu-
menu, writtenv he said, by Mr. Mason ; and to-day Mr. t,
Mason admitted on oath that he did write those papers, and fr'
that he moved at a meeting of the guardians that the de-
fendant should be prosecuted fur the publication.—Upon
hearing this, the Common 8. rjeant ordered the defendant to
eater into a PM. recognisance to appear again when called
upon.

POLICE.—YESTEBDAY.
MUKDER IN dPITALFIELInt.
WORSHIP.IITREET.—SareA Boger. wail charged upon
suspicion of having been concerned in causing the death of a
boy, named Henry Lazuli., six yews of age, who was found
murdered that morning in an enclosed yard in Tenter-street,
Spiudtields.—David Lazarus, a general dealer, residing at
26, Tenter-street, stated, that shortly before 10 o'clock on
the preceding evening the deceased, who was his youngest
chili, went out to join two of his other children, who were
playing in the street, and in about a quarter of an hour after-
wards his mother called him to go to bed, but he was nowhere
to be found. Ilia sudden disappearance crested the greatest
anxiety, and witness, after making fruitless inquiries about
the neighbourhood, proceeded to all the station-houses
and workhouses In the district, but was unable to obtain
any tidings respecting him until eight o'clock that
morning, when he was informed that his body had been
discovered in a yard about ten houses from his own, and
stripped of all his outer clothing, consisting of a cord jacket
and trousers and lace-up boots, the whole nearly-new; and
upon proceeding to the house he immediately identified it
as that of his child, who had evidently keen strangled.—
Abraham Lazarus, cousin to the last witness, who It.d also
been engaged in the unavailing search fur the deceased
throughitit the night, stated, that shortly after seven that
morning, he was called by a lad in the service of • neigh-
bour, who directed his attention to • large board placed in a
slanting position against the wall of a yard opening into a
larger one common to his own and three other houses in
Tenter-street, and to which there was no other means of a
access than through one of those five habitations. In con- tee.
tequence of the terrified exclamations of the lad he 9 •
immediately removed the board, and discovered be. ill
hind it the body of the child, with nothing on es
but its shirt and stockings, and a black satin Decker- se
chief, which was twisted tightly twice round its 6'
neck, and tied into four or five hard knots. The body was
perfectly cold and rigid, its eyes nearly starting from their
sockets, the tongue protruding from the mouth, and partly
cut through by the teeth, the face, from the throat to the
forehead, swollen and discoloured, and the front of the shirt
stained with blood, which appeared to have streamed from
its mouth and nose. He instantly sent off for a surgeon in
the neighbourhood, who ascertained, upon examining the
child, that it must have been dead several hours, and had
obviously been strangled ; but the witness was convinced
that the body could not have been long in the position in
which it was discovered, as he had seen the board behind
which it was concealed placed perpendicularly against another
part of the wall about an hour previous to the discovery being
made. Having BIM perintended the removslof the deceasedto an
adjoining punlic-house he proceeded to Petticoat lane, to
&certain if any of the clothing of the deceased had been
brought there for sale, and having been informed that the
prisoner knew something of the transaction, he started in
quest of her, and found her, surrounded by a large crowd of
persons, at the corner of White's-row, Spitalfichh. Witness
asked the prisoner what was the matter, and oho replied
that wheu she reached the station-house she would tell who
had bought the clothes, and would be able to clear herself.
lie then conveyed her, with the assistance of a eomtable, to
the station-house, where the father of the child attended, and
formally charged her with calking its death, when she said
that the boy's clothes had been purchased that morning by a
second-hand dealer, and that she was entirely innocent.—
Police constable Lynch stated, that upon taking her into
custody, the prisoner exclaimed, " I'm done ; I'll state
all the particulars to the inspector on duty, and that will
clear myself; " but on reaching the station-house she
said, "Policeman, I'm innocent; I know nothing about it."
—lnspector Soott, who received the charge, proved that on
her arrival at the station the prisoner stated that she had
heard some women declare the child's clothes had been
bought that morning by • clothes dealer named Lyons, in
Wentworth-street, Whitechapel—Hannah Fleming stated
that she observed the prisoner, about 10 o'clock that morn-
iog, convening with several persona at the corner of the
'renterground, and heard her say that the child's clothes
had been sold by a woman at seven o'clock to a Jew com-
monly designated " Aby Cocker." The prisoner went on to
state that she knew more than that, but would say nothing I
further; and witness immediately hastened for the father of
the deceased, who returned with her, and forcing his way
through the crowd seized her by the arm, when she struggled
bard to get away, and exclaimed that if he would
let her go she would tell all about it. She, how-
ever, added nothing further, and had nearly suc-
ceeded in effecting her escape, when she was secured by
the witness Abraham Lazarus, and conveyed to the station.—
A widow, named Sherman, corroborated the preceding evi-
dence, and added that she beard the prisoner declare, " I
know, but won' tell, as I don't wish to get myself into trouble."
—A. Lyous. the clothier in Wentworth-street, above referred
to, was next examined, and positively denied that he had
purchased any descriptioa of children's clothing either on the
preceding day or that morning.—On being called upon fur
her defence the prisoner declared that she knew nothing of
the murder until near eight o'clock that morning, when she
heard some women in the street state that they knew the
person who had purchased the clothes, and that she merely
answered, if that were the case it was very shameful he was
not given into custody.—Hr. Hammitt said it was manifeet
from the evidence I- e had heard that • cruel eon cold-
blooded murder had been perpetrated upon the unfortunate
child, and he felt it his duty, under the circumstances, to re-
mand the prisoner for a week, to afford the police an oppor-
tunity to prosecute their inquiries for the elucidatiati of the
mysterious transaction.

NAVAL.
MALTA, MAT ,7.—MoTaur.sT4. - H.M. at. Triton
arrived this morning from Portsmouth. Who brought some ...Myers
far the squadron, and is the teller to the riaMer, Cont. torte. due
here on MelSth, with the lonian sod Grimm mods. The Resistance
is in sight, with the 41th itegt. on bowd, for Mena, fourteen day* from
the Gut of Gibraltar.

MONEY MARKET.
TUISDAT -igvEyrNe.

The city and the stock market were throw—n-iato a
state of excitement and surprise t4lll', morning by the
extraordinary tenor of the intelL•gence from Paris.
The funds were notwithstanding 1 the affecttd even
when, according to the sect ants first published as
communicated by the olectrAc telegraph, the result of

. . .
laintiff's father, was to hare ticket' place in the Brat week of the insurrectional movements in that capital were
Put September, The wedding dresses were °greed upon, the
wedding bonnets tried on and approved sof, and plaintiff had still a matter of uncertainty. Consols gave way only ;
advertised her house and business with a view to remove], to B'2l, or no more than / below the lowest quotation 1
when the whole affair was suddenly put an end to by a letter of yesterday. They recovered in a short time
from the defendant, dated the Bth of August, 1847, and In from this txtreme point, and were done at 831,
which the t occurred but left off at 83 to k both for money zldA account,
Yea art
what 1 required of you. Well, it
15 thls. A mai semiderstion, 1 think it primer test your father which were about the average ruling prices of the
should be see with everyUiing. It is better that you should day. However inviting to speculation the' reports
tell him. I wren eome up to town to see bun. I will take a of revolutionary movements, and the disorganisation
soma and tend* It It to receive a lady. Thew is only one thing.
of .__ such
1 requlm that you should be furalebed with sues. or i.sooi on We
states, as received to-day from Paris and _Fier-
day of our marriage. lam cure you will agree with ins the it to Ho, there was little disposition evinced in the markst
fe'''irity.,,efa. 7,051 g mudidi""ja' 7„hrhautbterrbtrii.P"'s"d,,,,,d. w„uuldari,i„„^d.,-,, .t^."
.et to embark in any extensive transactions. The busi-
were It otherwise. Ido nut require the money for myself, but nem was altogether of an ordinary kind. Reduced
on account of the society 1 sM.li be obliged to keep, nand amy Threes were 814 to Three-and-a-Quarter per
°moutons.
Plaintiff took no notice of thin letter, hut within a fortnight Cents., 824 to a. Long Annuities, 81 to 9-16.
went to her attorney, who promptly informed the defendant, Exchequer Bills due in June, 36e. to 395. ; the March
by letter, that he was prepared to commence an action hills, 425. to 455. premium. India Bonds, 20s. to 245.
against him for breach of promise of marriage, at premium. Bank Stock, 189 to 192.
the suit of the present plaintiff; but as pecuniary Foreign stocks relay be quoted nearly as before, but
damages were, of course, the object of such an .
h the
althoug half-monthly account came on for
action ''he was open to an offer without prejudice." The
record of • former action for breach of promise of marriage settlement there was little bus,ness done, and prices
brought by the now plaintiff against the aforesaid nobleman were scarcely more than nominal. Dutch Two-and-a
was also put in evidence. It appeared the cause was not then half per Ceuta. were called 41 to 3 ; the Fours, 61 to 3.
allowed to come into court, but the plaintiff obtained on that
Sr_nanish Fives, 111 to 121; the T
to 171. Mexican,
Threes, 21 to 1 ; Pas-
occasion 3001. damages. The evidence as to the defendant's
sive
property consisted merely of adin'teions by him in convene-
non
21 to 3. Portuguese, 161
of his salary in the railway office bring equal to 2001 per 13 to 16. Peruvian, 34 to 6. Chilian, 80 to 3.
annum.-It was contended fur the plaintiff, that the history Brazilian, 68 to 71.
of her former connexion was well known to the defendant. The business done in foreign exchanges to-day was
In support of this view of the case, an acquaintance of
extremelt limited, and the principal dealers showed
the family, Mrs. Miller, a brother and the sister of the plain.
Much disinclination to draw bills at all; iu some
tiff who lived with her, and a female servant, were called.
They all spoke to the fact that plaintiff woe frequently called tears refused. On Amsterdam the negotiations were
by her maiden name in the presence ail defendant, and that 12.31 to 41 ;on Itotterdam, 12.41; on Antwerp,
26 to 26.20 ; on Hamburg 13.141 to 15 ; on
defendant himself sometimes so addressed her, and that the
Frank-
little boy had been called by the name of his real father fort, 122 ; on Paris (at short), 25.30 to 33; on
bef h
ore . defendant. Two of te wi po
tnesses ske
enna, 11.30 to 12; on Leghorn, 31 to 31.20; on
to an interview when the defendant intimated that he Wit% Vi
anquaiutod with the history of the birth of the Naples, 36 ; on Madrid, 411-01 but I'aris at
Mull, and that it would make no difference in his respect three months. On Lisbon, at sixty days, 52.
and cetera for the plaintiff.-Mr. B,rjeant Talfourd ad- ENGLINII YON 101.
dressed the jury for the defendant. He said it was impos- Hank Rork, 191 Otq In die llonoe ELMO 20
leible for him to meet the case made by the plaintiff by any :I ocv Cu
~. itteil,„•.:!ii.n. r.Mll2liii* lit iler" 1 UOU '24
l'on n‘u"l't'f'or 4Acct,' /al 421 A 431
direct evidence. Conversations were spoken to, which, how- '
Nor 3f per Ct. Anustunll2l f! Esch uer HUN f..1.u0u lye and
ever false or misunderstood, it was impossible fur him to Long Aneuith., ~el,. Jeas. 1660,, ad.n,,,,,„.1. 6,, 6 , iiiml,
rebut. There was nothing to be found in the rest of the cue et ale Ditto Dula, June, 311; Morat. 45
nooffreaatory of them. There was nothiog to show that DItUOU yr., exp. Oct. 10. I,,riii At
0.
El FUNDS.
whoa the defendant first became acquainted with the plain- a ... et. ura.rity, 13„.d„.0, 5 trirj3.i Isrilit
11onds, dlr. from
tiff he knew anjthiug of her past carter. It was not likely Nun meat , :44
'that with the knowledge of so serious a lapse of virtue on !ii,,,,Ti....7:hri11: tS.n.i. ..„, Ditto Acct. May 31, 12 114 12
Ditto PloWee Howl., 3
her part as consenting to live as the paramour of another I iwr Ct. Uremia fonds. 111 3 pa• Ct. OpenDh Monde. 214
man defendant would have entered into this engagement. 5 is.v. Ct. Nathan Acuount, May Ditto Acct. 31, 514
Is
I lie submitted that the defendant was misled by the false 6 3i• 11. itwth. 11.64. 364
5,1 ;1117,L Cl., tant‘chs,ui;la‘..lO2swuni
.412
same she had mounted, and promised to marry her be bin Amts. May 31, 31)4 G 1 per Ct. Dula, Certiflistat, th
hewing her to he a widow; and that in such cae uXCIIANOE.4 AND STOCKS ABROAD.
he was entitled to their verdict. -Chief Justice Wilde, Mohnte, Mar 10.-Thres pee eisouioti account& Elm, per Ceuta.,
in summing up, observed the case presented one strange Isl tomer; Pawnees, SI papa., Coupons, Of pepe!; Dank of ot.
ya,
peculiarity, namely, it was the second action for breach of Ferdinand, ex dlr., 90 msh. Exchange on London at 50 c
lays.
promise of marriage brought by the same lady under two a it. 1 ,, ,
41
inner,
Mat 15.-aan 1040. e 33: Ditto. 1442, 03f ; Ditto. 1814 57},
different names the first a true tame, the second an as• fo' ' IHtto. 1036. {A,. Ditto. 11 the City, 1443, 62; Lank of Beigium.,64s •
mimed one. The fact of her now suing under the *bum d t.a.'ue .4 DOE ie.. itseliame on London. 2S GS. •
name tallied with the defendant's case. It was for the jury txlvar,.stavis;fiseLccece!,n
its,loileh. 25.671 25..70 _ : _
~..
to say whether they were eatislied that the ilefendai4 was „„V ,!:,:,,n,tr.,m41,,:i.„11.,,1ier v.., Cured., 3,se; air 1-4:70,:,
;Tsp...
kept in ignorance of the real cireumstar.ces of the child's --e runs. Lim .
birth-that he wee the offspring of an illicit connexion with
another man. A woman who usum-s another name than
her awn, and adds the title of Mr.., holds herself to the
world as a widow. She was bound to have informed the de-
fendant of the real state of facto. As to the question of da-
mages, if it should arise, plaintiff's feelings were not likely
to have suffered so severely u if this heal been her first ap•
pearanen in court as plaintiff in en action of this nature.--
Verdict for plaintiff--danuges, one farthing.

UNION BANK or SOOTLAND.—At the annual meet-
ing of the Union Bank of Scotland, it was announced that
the n. t profits had amounted to 48,0001. for the last year
and that, to maintain the usual dividend of eight per cent.,
the sinking fund would require to be encroached on.

RAILWAY NEI4S.
The settlement of account was completed yesterday,
and the result would seem to show, from the readiness
with which share stock was taken, that the dealers
had been sellers to a larger extent than was expected.
It seems not improbable that in consequence some of
the 'boar" accounts were carried over.

'MAU& LIST.—LoNDON, MAT 16.
Nutt—The goof/W.lns of Ham In Roma characters demote setuAl
trAwAddos.a . tho. of War in Italics WWl' prim.
PAID.
Lowden ii.Wateretat 87 8
Do. fit w, 6OL 1381 38
DO. S. w. Wt
Do. Coat. radio
Do.
bo. Thirds
Loa..Batiob..l rdoll4l
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Do. Brisf.dfao•fer
Do., do. do
Atid.M. le at arigAl
Naoutak & Coil&
I Neve•arket
Nora BrIDA
Do. • .• •

PAID.
50 Aberdeen ......
Aisbaret.NoLAUDAL.
10 m. W. 1.& 1M414
125 King, S.Vane)
01 Ilirvs. et Uzfionl Jo.
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16 TAl.Thirde
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2 I List..Drusbasi Aadi. I POZZIGSRAILWATL
1.31 London& NM isoattlif 2 20 Hookogne a Amiens.
61 Ho. N. .. 2 2 ltd. 16 Casa/ k1..10r.d. Vex
70 Do, Extcr;dicUt 24 Dutch Rhenish
541 atitb
lMets dt.k.•,32/1 iida 31 East
46 Po. Cone. Sinisthall:ld d forewewa in Saabs,
le Do. ,10.6;..r biA4.• 7 Luxembourg.......
3d H,,.pixf.Dan.set.Ct. 45 47 16 Ifueur and Liege
I) Do. do. 1652 —.46 47 10 Northern of Venom .
121 Landon awl Gretna, 6 Orionis & Hordes's,
Do.Profereace.
1/011.10.• N. di, elld.P. 132 2 3 1 10 Parts and i
Lee
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24 Do. Lth.tres L.& fi ri 04p. Ica Paris ...I (*seam..
2 Do. NOV 4l_d Xt Puritan., IteUrn....
3 Do. Fifths.. .
De.L.a. I) Row" and floors .
21 Do.lol.ch.M et 11 a 2 2.164. 20 imabra and Meuse.
II D0.101.81h..M.413. Al9l • Thaws and Nantes
1 D 0.10.141... AI p. 84 tree Fiamters
RAILWAY BILLS IN PARLIAMENT.
GLOUP 2, ktdold 34.—Manchester, Sheffield, and Llncolnaltirs.
Mull and Holland Ferries craftier). The further arguments aad
erukeco in this case occupied the entire Fitting.
Gum,. 5, Rows 28.—south Wales Railway. The object of this
bill is :tenable ths compiinv to ram the rate interest to per cent. on
loans. intend of 4. as empowered eMeting act. The nommi.tee
determined as the provisions of the bill infringed tbe 24th of the new
mandittg order*, that the preamble was not proved.
GROI'd 6, Room 21.—.40rth and South Western, Harrow and
Brentford Junction, with North and South Western. The case of
the promoter,' was resumed, and oceup:ed the whole of the sitting.
Gam r 0, Rows 31-1 he committee on this group met for the find
time yeeterday.—LOndOnderr, and Coleraine.—The obleot of this bill
is to enable the company to make several deviations in their line, and
atonal their existing acts. The case for promoters heard, the bill
being op:awed by several landowners, but whose opposition will not
be entered upon until Thursday.
Ulmer 12, Rows 31— Edinburgh anti Northern. The case for the
promoters having cloned, the committee declared the preamble proved
and went Would' the clause', which were misread to.—Edinburgh
and Gitagow. Thin bill propping to enable the Edinburgh and Glas-
gow Company to make *rectal kimehen and to raise a further capital
of It o,ooof. for general purpose'. The came for the promoters was
gone into, Mr. Jabot appear.' on behalf of the Scottish Central
Company.
Clatter 14, Roux 30.—Srlaki imd Exeter (Taunton and Castle Cary
branch). The farther argunemits In opposition to the subscription
contracts had not wacluded Idiot the committee adjourned.

at 6
12 se.
6!60.
6 66d.
14i6 14d.
41 41d.

IN 15
di
86iJ.
7

COMMERCIAL AND MARKETS.
PRODUCE. bluscino-Lan 5, MAT 16. The sugar
market has been very firm, and prices must be considered a ehude
higher. The importers do not press the market in the same manner
they did last month ; in fact, the stock held by importers is much re-
duced. 430 hhda. Wbd India, 1,800 bags Mauritius, and 2,200 bags
&anal, hare been sold to-day. Refined continues steady, and the
markit it: bare of Roods reedy for delivery lumps to pair the
standard, 33e. bd., 3138.—CoBee : The public sales, conailiting of 100
casks 01 Jamaica, a low mixed wee, and MO bags plantation Ceylon,
chiefly daIII4CJ, sold heavily without altering general quotations.—
, Mdtpetre remains dull : a few lots, refraction 7, sold at 325. ; the re-
, In:under bought in at that prioe.—hive must he considered a shade
lower: 1,200 hags middling white Bengal were offered In public sale,
half duty free, which mid 10s., 10e. 6d..; the remainder, aubjeet to •
duty of tid., was bought In.—Cotton 0311U11106 out of demaod.—Rum
remains at Is. 9d. prookbut the demand is very limited.—Tallow has
declined to 4fe. 6d., 4. s.—Cochlneal : Honduras sold at previous
rates; Mexican was bought in.—lndigo remainsin the same depressed
state as last week.—Spites eteedy.—ln other articles no material
alteration. Home eonsumlng articles wear a very steady appearance,
but all articles dependent upon orders far exportation coition. dull
and deprewed.

COTTON.—LrreartAn., Key 16.—There was no change
in the market to-day. al•boneh It was supposed that the news from
PlllOO6 had an unfavourable effect. The sales were 5,000 bales.
PAM% New Weak II to SS ; Bowed Georgia, al to 4.1 ; Bursts
le in It.
ALIICHNSTIIit, Kew 16.—The sews which arrived this
lagrain by Ikeda ~Ws tba weesamhd lasentetka
Pads 'Matey, has aseralmi a ssut urkeramblis Wawa ea en
mom today. As rept* amilawhi Usk h gulls et a ilead,
awl or eau beer at maseely W
allaeldam dab, 011 °Ow quarters.
Ito ameit sweeties precalla, setae me, al essar_as, almost
osisomoy the aria- whirs ania Demob ars
very giseerbwet beam helm So lOW Man
of ma me d em bwmat in tin MEL liswalbaMe. made up I
to this Mk miler taapeetias al WM. h it ela•
'erred. Mama Memo to the total al Das ael weft at
all km& Uwe In, is compared with lest week, ma Imams Se
number of bands waking fell time al Mg, a flammes the