The Express.
London, England, 1848-10-02 00:00:00

or with having compassed the death of the (Zees, dm.

-The Atterney-Geneial then rem to address the went
and jury en behalf of the crown. He said it was his
duty to state to them the facts of the am and the
evidence which he would being forward to sustain it. The
prisoner was charged with the highest offence known to the
law. Fortunately such trials were not frequent. There-
fore, it would be necessary for him to state the law of the
case, to enable the jury to apply the evidence to it. In
the reign of Edward 111. an act was passed defining high
treason. The present charge was grounded upon that
statute, which passed in the year 1350. The learned gen-
tleman then read the passage in the statute defining the
crime of high treason. The question in the case was, so
far as the first five counts, had there been a levying
of war against the Queen, and did the conduct of the
prisoner amount to a lentos; of war ? It had been clearly
established by Judge Foster and Chief Justice Ten-
terden, that the pomp and circumstance of military array
and regular warfare were not n to constitute the
levying of war. An assembly armed an arrayed for trea-
sonable practices, and arming itself, was a levying of war
without an engagement at all. The numbers of persons
who assembled were not material—but two things should
be established to the satisfaction of the jury. First. was
there an insurrection and rising in arms for a warlike pur-
pose, which constituted a levying of war ? With respect to
the compassing the death of the Queen, the law had been
established from the earliest peeiod. It was not necessary to
prove that the parties oontemplated personal violence against
the sovereign. The taking of measures to depose, imprison,
or restrain the person of the Queen, through insurrection or
rebellion, were overt acts of compassing the death of the
sovereign. The actual rebellion of which he meant to give
evidence did not occupy a considerable period of time ; it oc-
cupied scarcely more than the last week in July, but that
they might fully understand the object of the proasedinip,
and the circumstances under which they were had recess
to by the prisoner, it would be necessary for him to trace the
results which the prisoner really must have anticipued from
a much earlier period. It would appear that as long ago as
January, 1847, an association was formed in the city al
Dublin.
Mr. Whiteside here interrupted the Attorney-General,
and observed that in the language of Judge Foster the pri-
soner was not bound to answer to the history of his life, and
he would pretest salon the introduction of matter of whisk
there was no hint In the islietsent.
The Attorney General mid that he would not state any-
thing of which he had not evidence, and it was the first time
he ever heard that evidence of a previous conspiracy anal
not be given to substantiate each a charge as the preemie
In the year 1847 an emaciation was formed in Dublin celled
the Irish Confederation, oonsisting of Mr. O'Brien, Mr.
Meagher, Mr. Delany, and several other gentlemen, wham
by the evidence he meant to Maid with the lesion'
of entering into open insurrection, which did net Mite
lilacs until July. He did tot lay that the plea was
formed in January, 1847 ; but that emaciation was as homed
and continued till July ; and in February eft Marsh.lll44 I
=tend into a definite ylaa, by moat a ilans et '
,to ease a separation tota the two amnia
end Melia Ironed se an iedispeasal kierlos. It wee a
mar at Watery dot the Ranh mantis took pies in
the Nemo" el the peanut year, eta he omen was hid
1 4,0 se is t to them who WOW aexlees either
M shims or, km MMus masa% el adren-
al. dm ammy, le embark ia die preset It maid a -
per la
daas sheet that peeled mailer were bold ap estl7
ter the gnaws, and with the Miewienal= an Mines
of asenraMletisa M the at FNMA. ,
Mr, Villa semi at M il= img an address be the
Irma oath% several peetisme of width it was impewllie te
reed wilitent gosslag Is she that Mr. Widths had
NNW la his =MI lite dm hid arrived when the Irish
amply of whew le hasisiMerseff te be the meseensWye,
abed& have meson to alms to
ems
Inland IM• a ems,
Ms kiNgion. In that speak the poisoner salad that,
ammo ups. some waviest wiwalaws be had ehlested to
poems halm saws, he_ lili • shames hag sobs.
titse&sed it wadi he advls Met the gaggle abseil
themeelme mitt Ines. Be ediroliiise yens,
gUr.litims @NNW w themselves to to he i
able is fat ear from the enemy.' member
of the Kr. Meagher, made a speech of some-
thing of • imam import, in width he rid that he would
arise the depaledea to wait upon** Qom, and if they
were refused sisislos. bandlnizatheir smart dress* and
swear that the est time dry hr adminisn it should
as be the ambemien of rel ' mediae, era if the mesa
in mr,,..g., "up wish the Unlade@ and have resewres to
the Clad of Madam. He mentioned this speech to show the
object of Mr. 0 mien in the settee& of July. Them
matters occurred is the lima et the failaSt yaw. It
might be surreseed that these preesedings anti ham been
emu checked. They would lose ismathat Mardi le July
there was a constant *wale between as poetise warned In
that easy to egress and evade the law, and effect
their emir is dim of the law. It was right to
1 menden the side of the law in March, when these
1 p leek gins; at that as at the present time a party
Runty of term Witted his life ' . but the mere deli-
very of opesshesorhich did not amount to the overt
an of levying no, was rely a misdemeanor. The delivery
of seditious monis wan offence for which a party might
be proseeMs4 hut not for high treason ; therefore he sub-
mitted that the primer and the other persons engaged with
him, availed thomelves of it. Mr. O'Brien Masao the
beers of an address to the French nation, accompanied by
Mr. Meagher sal Mr. O'Gorman. One of the questions
which the jury weld have to decide was whether the reel
intention of the deputation was to congratulate the French
nags, or to make sack arrangements as would enable them,
in the event of an outbreak, to obtain assistance from the
French. Be that as it might, in March or April Mr. O'Brien
went to Parts, remained there some time, and shortly after-
wards returned. Another object contemplated was the
establishment of a national guard—the establishment
of clubs, oMened, and each district provided with its officer,
so that at a given moment they might be prepared to rise.
It was also designed to mitablish newspapers to circulate their
plans throughout the country; at that time the publication
of seditious newspapers was a misdemeanor ; and upon the
22nd of April, 1848, while that violent agitation was going
on, cad had become so alarming from the success of the
French revolution, an act passed rend it felony to com-
pare the deposition of the Queen, and :i arpreation to
such composing by open red advised , es publics-
till
tines in writing. The woad Mem a ingredient
is the oonaidsraffen of the aiss. • presesedien far felony
was instituted spinet a member of that confederation
(Mr. Mitchel) ; he wee tried at the latter end of May, con-
rise(' of felon , end Ismoned. Mr. Mitchel was a mem-
ber of this sad one of those who attended the
msetiap tithe metelefikm. The matter for which he was
proseented sad insviensi was a report in his own news-
ppaspperse a most delivered by himself at a soiree held at
Limserae a shoe VIM no glues Mr. O'Brien and Mr.
UMW al POMMIMIIIi patriots—tams perms being at that

who had bows al owed to stand oat attar pro-

curing hell, to appear and take their trials in the COurt
of Queen's Bench for seditious speeches previously delivered
by them at different places of meeting. It would appearin
evidence before the jury, from the mouth of one of Mr.
O'Brien's 00-conspirator's, that immediately before the trial
of Mr. Mitchel, discussions and emaciation' were held for
the purpose of ascertaining whether, in the event of his
conviction, they should at once effect a ris,ng and risk the
fate of their intended insurrection upon en sttempt to rescue
Mitchel. There was, however, a considerable difference
upon this subject emoupt the leaden at the Dublin club,.
Some of these leaders thought that Mitchel should be
rescued, even though that rescue could only be effected with
an enormous loss of life, and that the rescue was to be made
the commencement of the rebellion. Others conceived that

that Lima world be premature—that the harvest was not
ripe—that there was not then sufficient food in the country,
and that therefore the attempt to rescue Mitchel should be
deferred. Accordingly, as he meant to show the jury, the
insurrection was postponed until after the harvest was
reaped ; hut it was even then decide i that, cue ra couie,
the harvest was to be the period at which the effort was to
be made. In the meantime, the:. decided that clubs were

to be organised all our the country, which were to be armed
and offieered, and prepared to Mae the field on the shortest
notice. Hotly in July,llr. Dully, suothe: of the confederates,
was arrested for having published certain seditious writings in
the Nation newspaper, and it was intended to put him upon
his trial early in the month of August. Evidence would be
given to satisfy the jury that about this time a determina-
tion was arrived at by the leaders of the confederate party
(including Mr. O'Brien) to the effect, that the rising which
they were not prepared to effect in the month of Way they
should be ready to effect in the August following. Accord
gysieLo prepare for this rising Mr. O'Brien &red the other
leaders visited various parts of the country for the
=of completing the organisation of the clubs. Ern-
-llrould be given that Mr. O'Brien attended in particu-
lar one meeting for the purpose of observing the state of the
organisation of his men, and it weuld be further proved that
on a subsequent occasion he (Mr. O'Brien) stated that he
had found at that meeting upwards of 2,000 men who were
as well disciplined ea any soldiers in her Majesty's service.
Matters went on in this way up to the 14th of July when
Mr. O'Brien having returned on that day to Dublin, at-
tended a meeting in the evening of the same day, the object
of which was to apprise the members of the different
clubs of the necessity of an immediate outbreak. There
was a private muting of the Confederates en the following
evening, at which the period, and time, and. circum-
stances of the intended rising were fully discussed. Some I
of the leaders proposed at this meeting a resolution to the
effect that en immediate outbreak should take place, while
others considered that it would be better to postpone it fur
a short time; but that an outb oak was to take place at
some future time, to be afterwards fixed, was determined
on by all the parties present at the meeting. Immediately
succeeding this meeting a proclamation was issued by the
Lord-Lieutenant, proclaimmg the city of Dublin, the effect
of which was, that no persons should be allowed to have
arms in their houses without license, or carry arms from
one club room to another. Under these circumstances it
was discussed amongst the leaders and members of the
clubs whether they would at once resist the preexist ition,
and make the attempt to seize their arms the period for a
general resistance; or whether they would conceal them,
and hold themselves ready to turn out at a moment's warn-
ing. Contemporaneously with the inning of she proclama-
tion the Habeas Corpus Act was suspended. Just previously
I however to the suspension, the council of the confederation,
which then consisted of 21 persons, considering that if an in-
surrection was to take place that number of members would
be too large, called a meeting for the purpose of electing a
new war directory. Accordingly a new directory westernised,
consisting of five members, namely, Mr. Richard O'Gorman,
I jun., Mr. Devin Reilly, Mr. T. F. Meagher, Mr. Dillon,
and another individual whose name he did not just then re•
collect. 'dr. O'Brien was not elected upon this directory;
bat it was an extraordinary and providential circumstance
that a paper was found upon the person of Mr. James F.
Laler, which proved to be the actual ballotting paper used '
'pea the occasion of the election of that war directory. Ow
Saturday, the 22nd July, Mr. O'Brien left Dublin for Ea-
niscorthy, whither ha travelled alone; but it so
happened that on that very day Lord J. Remelt moved
the suspension of the Habeas Corpus Act in the Home of
Commons, and of course when Mr. O'Brien left ffeiblia on
the same day he was quite unaware of what took place in
the House of Commons. Intelligence that the Commons I
had suspended the Habeas Corpus Act arrived in Dublin on
Saturday night, leaving been conveyed by the electric tele- ,
graph ; and it would be shown in evidence that the editor
of the Freeman's Journal, having received this intelligence,
communicated the tact of the suspension to Mr. Richard
O'Gorman, one of the new war directory, upon hearing
which Mr. O'Gorman sent a despatch to Mr. Smith O'Brien
announcing the circumstance, which letter hail been subse-
quently found upon the person of Mr. O'Brien, and would
be given in evidence. Mr. O'Brien arrived at Enniscorthy
PI Saturday evening, and it would be shown that on the'
evening of the same day Mr. Meagher and Mr. J. B. Dillon,
as he believed, left the house of a Mr. O'Hara, who resided
near Kingstown., from whence they pi oceeded to join Mr.
O'Brien at Ennueorthy. The three gentlemen quitted that
town in company en the 23rd July, and subsequently passed
through the towns of Graig, Kilkenny, rud Callao,
which place they harangued the people, urging them to an
Immediate outbreak. From Callan they went to Carrick-
en-Suir, where they arrived at one o'clock on the evening of
Monday, the 24th July, and repeated the semi language
they had previously made use of at the other places he had
mentioned. The party then went to Cashel. Immediately
after the arrest of the prisoner he stated that he left
a portmanteau with Mrs. Doheny, in Cashel, which was
found there; and several of the papers found in the port-
emotion would be given to them in evidence. It was then
probable that on his way from Cashel to Mullinahone he
prod through Killenaule. Upon Tuesday, between three
and four o'clock, he arrived at Mullinabone, and there
commenced the actual levying of war. It was then that he
commenced the offence with which he was charged. His ar-
rival there was anticipated—bells rang—people assembled in
arms from the surrounding country—treasonable speeches
were spoken—people armed with pikes and guns were as-
sembled, end drilling and inspection of troops took place.
Had the matter stopped there—the marching, the drilling,
the body-guard, and the escort, of the prisoner—it would
amount to a levying of war. It was not necessary this a
blow should be struck ; the gathering and marching of the
people was enough. The prisoner arrived there at mid-day ;
strangers also came to the town. One of the persons who
afterwards arrived was Bernard Terence M'Manue ; he had
resided in Liverpool for several years ; he arrived in Dub-
lin upon the 25th of July by the Iron Duke ; he wore
a kind of green uniform, whether a military or political
uniform he did not know, but it had the appearance
of a military uniform—its colour was green. What his ob-
jest was he amid not tell, unless it were to take a part in the
poseedings in which Mr. William Smith O'Brien was en-
CaA policeman suspecting his motive, followed him,
st sight of him ; but found in his box arms and the cal.
, hem, which he edged. This gentleman took an active part
I with the primmer. The prisoner went out to take a view of
the surrounding osentry. He slept that night at Mullins-
bone, in the hems of kpenson named Wright; he smareed
the right of q himself wherever he pleased. Drew-
log upon his he considered that Multinahose
was a fortified town, and that the future king
le of helm& was within the walls of Mullin one.
Oa the Nth the prisoner went to the police barracks,
which contained only six of the constabulary. He men
cooed their emednet with laudation. The prisoner came
armed with a pike in one hand and a parcel of pistols in a
belt, aceentimmied by some of the gentry who had followed
him from DAHL One of the gentlemen who came after
him was James Patriek O'Donohue, a law clerk, earn-
ing a respectable livelihood In Dublin. He was one of
those who took the field with the prisoner, was con-
stantly wit% him, and went with hint to the police
larreclic The prisoner asked them to join him ; promised
them better pay and . He wanted them to stir-
maim their arms. e told them that resistance would be
to no purpose. Did they not seethe enthusiasm of the people,
and the number of armed men whom he had at his com-
mend ? Was not that a levying of war ? Constable
Winker; told him he would lows hie life sooner than part
with Ids honour, and neither he nor the five ethers yielded
dothe arms to the force. The prisoner said he would give
theme an hour to madder the mitter. He sent an armed
I body of hundreds of people from Mullinshone to Ballingarry
mom that Wednesday, and west after them upon a car.
CeDosobse end the others bad gone to Carrick—what
brought them there ? They
,all got together in Ballingarry
late upon that day The prisoner told them the reception
he mat within the different places where he bad been,
and that it only required a rising in one place to have a
general rising. The prisoner established a body guard. He
quartered himself upon the house of John Kavanagh. Nest I
day he sent in people, and proceeded with a guard about
himself. The people were arrayed in a military manner, so
as to leave no doubt that it was to he the commencement of
the rebellion. The whew directed the people to seize
any arms which the formers might have. He went to
Capoe, and afterwards to Killenaule, attended by armed
peasants. Sentries were placed about the quarters of
the general. Upon Friday the prisoner remained at
Killenaule. Guards were mounted as usual—scouts ap.
prised him that a detachment of dragoons were upon their
march, and he thought it advisable to erect barricades in
Killenaule. These bazricades were erected across the high
road into Killenaule to prevent the march of the dragoons
under Capt. Longmore, but that officer was merely changing
quarters and had no intention of arresting Mr. O'Brien.
Capt. Longman stated to the people that unless the barri-
cades were removed he would force his passage through
them. A gentleman, who by his description was believed to
be Mr. Dillon, came forward as an envoy asking if it were
his intention to arrest Smith O'Brien, for if so, the barricades
would not be removed. Capt. Longmor said that his ob-
ject was not to arrest Mr. O'Brien—the barricades were then
removed, and the dragoons were allowed to pass. The
prisoner spin marched over the commons of Ballingarry,
and slept at the hones of Mn. °When ; he stated there
that he had defeated a troop of dragoons. Upon the 28th
rewards were offered for the apprehension of the prisoner
and several others, and on the 29th the fact was general
known to the prisoner sad his confederates. /dr. Trent, with
a force of 40 or 50 constables, marched towards ttu.: commons
to disperse the rebels. Several thousand persons armed
with guns, piker, sad pitchforks, all of them hostile, appeared
before him, and were capable of overwhelming his inferior
force. Hi, therefore, thought it prudent to retire with his
party into a elated house ; they got possession of the home, I
nailed the windows, put the furniture end beds against the doer,
and contrived oy firing through the windows to protect
themselves from ea attack on the part oft the prisoner.
Mr. Treat ran an order not to fire unless the men were
fired en, but if the rebeh fired upon them to protect
themselves as best they could. The house was a
two Mary cow ; it was surrounded. The prisoner
amlied to the man to join him, offering rewards
coed emeouragemeat to them if they joined him. After mom

parley with the men the prisoner hinurlf gave orders to his
own men to tire, which was immediatedy al' yed. A tire was
opened upon the constabulary. This would be proved be-
yond the shadow of a doubt. It would be proved that the
order to fire was given by the prisoner, but, whet`ter or not,
it was not material. The prisoner was the commander, end
held himself forward u the leader of a force of insurgent
rebels. The fire war returned, and two of the country people
were shot. There might have been • few more wounded.
Ihia occurred in the presence of the prisoner. Wu not
that an attack and a levying of war, and did not the ok,ret
bear a revolutionary character? Thin occurred at the
house of the Widow M'Cormick. Mr. Con, with • party
of constabulary who were expected marched from Caihel
to oppose the re'oels and assist the party of Mr. Trent.
Mr. O'Brien, finding that the constabulary were to a man
determined to hold trite to their allegiance to their sovereign,
arrived at the opinion that an end was put to his cipedi-
tie°, and accoranalv from the time of the a'tack upon Mr.
Cox's party or. the 29th July he was nowhere to be found.
He (the Atto:ney General) believed that he hod by Lis an-
tecedent statement established a sufficient amount of force

and Tio.ence employed in the recent re!), lhon to amount to
a levying of war against the Queen. The learned COLLOS I
then proceeded to state ghat upon the oceuioo of Mr.
O'Brien 's arrest c.t Tburles several documents were found
. .

u ^on his person, awl one in his portmanteau, which was
discovered at Mr. Doheny's residence at Cashel. Amongst
those found upon his person was an address, dated the 10th
of May. and adopted at a meeting of the citizens of Phila-
delphia, in the United States of America. in whisk assistance
and co-operation were promised to the Irish people, in the
event of an outbreak taking place. Thera was also the letta r
of Mr. O'Gorman, announcing to Mr. O'Brien the fact
that the House of Commons had suspended the Habeas
Corpus Act ; besides an address to Mr. O'Brien from the
Mitchel Club, Enniscortlay, congratulating him upon his
first visit to Wexford, and araunng him of their determina-
tion to aid their countrymen in their struggle for national
ependence. In the trunk found at Cashel there was dis-
c ,vered a lett. r written to Mr. C'Brien, by Mr. Charles G.
Duffy, the proprietor of the Notion newspaper. which in his
mind showed in the clearest manner the real obiects of the
leaders of the Irish Confederation and clubs. This letter
was dated " Saturday," and appeared to hare been written
is July. Mr. Daffy says :
lir dear um glad to learn that you are ulna to commence ■
series of meetings is Bonder. There is no half way home for you.
You will be at the head of a merriment loyally obeyed. and the revo-
lution must be oondueted with order and ekmency, or the mere
anambista will ores,' with the people, and our revaution become a
bloody chem. You have to fill La Fayette's ohm, so graphically panted
by Lunar:Ma, and, I believe, have fallen into La Fayette'e error—that
of not using it Oi all its extent and in all its reeourcre. I am
perfectly well aware that you do not desire to lead or influence
others; but, I believe with Lamartine. that that feeling, which Is a
high personal civic virtue, is a crime In revolutien. one might as
well, 1 think, tot wart to influence a man who wan going to walk on
thawing ice, or to cram a fun:tie-a river, as not to denier to kelp men
right is guild sal struggle, and to do it wit* might and main. If I
were Smith O'Brien I would shape oat In my own mind or with such
counsel as I valued. a definite course for the revolution, and labour
Momently to develop It In that way. Fee lostacce, your project to
obtain signature. te the roll of the national guard, and when a suet.
went number of signatures were procured, and not roarer, calling the
COUISCIA of Three Hundred was one I entirely relied upon • but v was
permitted to fail into dieuse, and could scarcely be .sired l now. Our
clubs, however, could take the place of the national guard. Its definite
number of clubs in formed the project would suit as well, if it were
zealously and •41,:rougy carried out, each day adding items to it, and as
the men 'remold Mituence employed upon it. Forgiveme tar urging
this ea earnestly upon you, but I fully believe that the hopes the
country depend on the manner in which the two next mouths are
used. Tonic is t a then lu which you could oat find a band of mls-
eionarini to orguniee neighbouring counties. Every club bee octave
men fitted for this work, and it Is only by employing all our tones
that we will succeed. . . .

The Attorney-General then proceeded to read a letter pur-
porting to have been written by Mr. O'Brien on the 29th of
July last, just previous to the attack which was made on
the constabulary at the widow M'Cormick's. It appeared
that there were some coal mines situated near the town
of Ballingarry, in which a number of men were then em-
ployed by the " Irish Mining Company," • coed number
of whom had joined Mr. O'Brien in all his proceedings
Mr. O'Brien considered that p:rhaps the owners of this
colliery might think It rather hard for them to pay
the men who were not engaged in performing their work ;
and accordingly he wrote to one of the agents connected
with the colliery the letter which he was about ti read, the
handwriting of which he was prepared to prove to be that
of Mr. O'Bien's. The Attorney-General then read the letter
in question, which was directed to the director of the mining
company. The writer stated in it that feeling it incum-
bent on bim to do all that lay in his po iter to prevent the
inhabitants of the collieries from suffering inconvenience, he
would suggest, that " for the present," the whole of the pro-
ceeds arising from the sale of the coals should be applied to
the payment of the men employed by the company. He
further suggested, that in order to ensure a brisk demand,
the prize of the coal should be lowered, meting that in cue
of refusal, should the Irish insurrection succeed, the property
of the 'brining company would be confiscated; whereas,
if they supported the people during the period of their diffi-
culties, their property should be protected to the utmost
of his power. He (the Attorney-General) would ask his
learned friend who was to defend Mr. O'Brien, what excuse
be could melee fer such a document as that he had just read.
The handwriting he would prove to be that of Mr. Smith
O'Brien ; and he would with to know what right ho (Mr.
O'Brien) had, as the le ider of a revolution, to dictate to the
directors of the colliery how they were to menage the mines
under their control ? What power ha i Mr. O'Brien to pro-
tect any one's property it he were no' to be a rebel le ider /
There would be two questions for the emsideration of the
jury ; one was whether there had been such a rising as to
amount to an retell levying of war. If he had not drawn
upon his imagination, witnesses would be produced who
would put the case beyond all doubt. The second question
was, whether the object was to produce a revolution ; and if
he were to rely merely upon the letter which he had read, he
had fully proved the case. He had no doubt that one of
that objects of Mr. O'Brien was to escape from the con-
sequences of his acts, and the suspension of the Habeas
Corpus Act expedited the rebellion, and the followers of Mr.
O'Brien complained of havinpe been obliged to take the field
sooner than they expected. Had there been an open and
general insurrection he doubted not that the military and the
constabulary would have brought the country through its
perilous position. It was a matter of sincere congratulation
that during the whole proceedings not one of the military or
constabulary lost their lives; unfortunately some three or
Soar, or more, of the people lost their lives in the open field-
It was consolatory that the los of life was not considerable.
He had omitted, and he had been reminded of it. to mention
a document found upon the person of Mr. O'Brien. The
document to which he referred was a pencil map of the
localities which he had visited, and a sketch of the country
which bad been the scene of his operation.. In he proved
this case, he was sure the jury would find a verdict of guilty.
J. G. Hodges examined.—Was a short-hand writer; at-
tended a meeting of the Irish Confederation, held upon
the 16th of March it was held in the even ng ; saw the
prisoner upon that occasion; had a conversation with him
with respect to the business that brought him there ; pre-
vious to the meetinc he et-tweed an interview with Mr.
O'Brien ; was introduced ; when he stated to him that he
had been sent by the government to take notes of the pro-
ceedings, and to identify the persons who were there. -Mr.
O'Brien received him very courteously, said he placed con&
deuce in him, and introduced him to the meeting in very
fine language, and stated that he was there to report ler
government; felt very much obliged to him for his cour-
t. Mr. Meagher, Mr. Daffy, Mr. M'Clhee, Mr. Halpin,
and many other, were at the meeting ; a speech was made
that evening by Mr. O'Brien; got from the association the
best position he could occupy ; took notes of the speech
made bMr. O'Brien.
Mr.Whiteside here interfered, and contended that it was
not legal evidence to enter into a history of the Irish eon-
federation. There was no precedent in the criminal law
warranting the introduction of masses of speeches as proof
of an intent on the part of the prisoner to levy war against
the Queen. Counsel referred to the case of the " King tr.
O'Connell," in order to show that all the speeches for which
Mr. O'Connell had been prommuted were set forth in the
indictment against him, and a bill of particulars was fur-
sidled to him, which enabled him to prepare his defence ;
and in the cases of Hardy and Tooke the charge of com-
spiracy was stated to have been proved by various speeches
sad letters. In these cases there was a definite course, and
be esettended that the speeches made by a man during. his
sad not set forth in the indictment, should not be peen
In evidence in such a case.
The Attorney General replied that the speeches were ad-
gefedbie, if not under the count for conspiracy, at least
maw kat for levying war.
The OW Justice laid that the court were of opinion that
the we& was not an overt set ; it showed the intent of the
gekener eel was therefore admissible in evidence.
Wilms *en proceeded to read the speech of the 15th of
Ma" 11111.—Mr. Whiteside said he should have a copy of
tbe gni end any other documents.—The Solicitor-General
mid UM the documents would be furnished.—Mr. White-
side remarked that that was no time to promise documents.
—Witness continued to read the report.
Re-examined by the Solicitor-General.—l was present at
a soire4 which was given to Mr. O'Brien upon his return
from France. It took place on the 15th of April. It was
not a meeting of the Irish Confederation, but a meeting of
the citizens of Dublin, held at the Music Hall. I teok
short-hand notes of a speech which Mr. O'Brien delivered at
that meeting.
Mr. Hodges then read the speech in question, which was
published in the journals of the period. Mr. Hodges next
read a report of a speech delivered by Mr. O'Brien at a
meeting of the Irish League, held at the, Music-hall on the
19th of Jaly last.
To the Solicitor-General—Without reference to my notee,l
cannot say whether Mr. Doheny was present at the meetings
of the confederation at which the preceding srechee were
delivered; be was present at some of the meetings of the
Confederation ; he wiei at a meeting which took place on the
23rd March, but Mr. O'Brien was not there ; the ineetingeef
the Confederation generally took place on Wednesday; •
meeting was held about once a fortnight; I attended a meet-
ing of the Confederation on the 6th of June, and saw Mr.
Meagher at it ; Mr. O'Brien was not there.
Cross-examined by Mr. Whiteside.—lt is a very difficult
thing to report correctly the speeches of public men. I can't
say that it requires considerable skill to report a speech. If
I was proem at a public meeting, and took no notes, I would
not undertake to give a correct or any report of the proceed-
ings after an interval of a month had elapsed. Ido not
think it could be correctly done by any wan. The speech.
of Mr. O'Brien, delivered on the 19th July, which I have
read, I proved against him on a former occasion, when he
was tried in the Court of Queen's Bench in Dublin for sedi-
tion. The result of that trial was that the jury disagreed. I
did not attend the first meeting of the League, and therefore
did not hear the rules adopted for the guidance of the boa,
read at it. I was not aware that they were drawn up by Ste
Cobs= O'Loghlen. I have heard, but do nut know of my
own knowledge, that a dispute arose between Mr. O'Brien
aad Mr. Mitchel, which resulted in the expulsion of the latter
from the Confederation ; but I recollect hearing it stated at
a meeting that Mr. Mitchel and Mr. Devinßeilly had ceased
le be members.

Maj.- Gon. ral Jrka M`Doaald examined.—Reco:lected
the arra: et the primer. Was at Merles. Sc,. him ion
mediau ly after his mat. Raw him in the bridewell Meat
II to clad. law the prisoner give ap article, papery, keys.
mad other things, of which ha (witness) tea e as weary.
Took ere of them. He board his name. Mr. O'Brien pee
the articles into a kmakerehisf, sad he (witness) put them
Into • duped' boa, while he locked and seat by OqL
Zeman,. aft 41st Reglment, directed to the Oast Nero
try ot Dalin Orie. lied sever seen them sine. MAW
all the daemon that he oral mark. Identified eme of
the papas he bed melted.
Mr. Whited& aid that the mown coaled not rely aro'
strain deeneeses found ia antedi meat. If they relive
woo all its entente they Medd pesineeall.
Kr. Scott said that all the dagemeste 'Mali be forablied
to the comet fee the prisms; eitheogh the sawn gave
may some In inidsae. The. were seven pews marked ;
there we money ; them were velem dings,- the keys and a
Wag, and a precil.eass mom pedeestaresi
Cromemased by Mr. TielerWild--Thlriee rthe his head- I
garters Abets the time of erred of Mr. O'Brien there
were a good mere of soldiers in Thiele; could not tell
how many. The mom, Mad In Mr. O'Brisn's pommies
eineuntei to 101. 16.. 2d.
The court was then adjoaroed.
CLONMEL, BATURDAT.
The proceeding W. TO resumed this morning, when the
fallowing waren were called to give Within, on behalf
M the crown :
Capt. J. Ithi&e.- I know Guard Iff•Donald ; I received
a parcel his in Thadoe ,• I gas it to the secretary,
at the seseetiory's lodge, in the Park •
Capt. J. O. Jones —I recollect the night that Mr. O'Brien
wee arrested. I sew him about half-pest eight o'clock in the
hadewell of Varies. Ihad • long conversation with Mr
O'Brien. I got two latent from him, one for Mrs. O'Brien,
Sid the other for Mrs. Dolleny. I traumata Mrs. Do
hay's letter to rob-inspector Con, at Cashel ; he also spoke
&boot a perematran, which he said we in the keeping of
Mrs. Day, at Cashel, and skid lee 111 could get it Or
him. Kr. O'Brien then wrote • letter to Mrs. Doha* to
deliver the poetmaateaa, which I teat to 11r. Cox. I Wei&
gamily masked a
ir.rs Aim inner. and /saw
k the same day to l Bagman, ea eng
To Mr. Whiteside.-1 am • stipeadiavy magistrate, sad
always limp my word. I gave Kr. O'Brien a distinct assa•
rani that be wonted realm his portmanteau when I got it
*eat bat I did or keep my word with him.
Sals-lespeccre Cm —I meshed at Cashel, se the 9th et
Mirk a Mew eaten hy•_Kr. O'Brien muds. Meg,
*cm the memow seat by Mr. Jones. I get the mar&
tree from Mr. Debeny's hems before I est Mr. O'Bsines
letter to Mee. &May. I gave it to a
Michael /leleesery, a rinstable.—Ortliselrd Augur I
remind • perimenem from Salt-Impector Cox, with dies&
0001 to It to Caner Jones. I delivered it to Ks.
Jones in the same state is which I received it.
C. it. .—ln August let I received a postemellesen
tram Mr. Jean. I conveyed it is my own custody le
Mr. Redington. and gave It to him at the anderverehoes
edits in the Phccnix Peak, Dahlia.
T. H. Burke.—l brow Kr. Itiaington, I was with Km in
the Inaft) peek, en Sunday, the 6th of Amen.
_WWI,
there i=spelkauststmanion coon to Km, tiQvereil lig •
geodesist he the tellay. When it arrived, I
went to the mete. bark a title prod wrapped ttge
in a handkerchief, nidell Awed laird up In Mr. irdied-
era's oMee. Mr. Ralleglen reit a bus* of keys eset of
that areal, which he pm to mo. I had not the
portmanteau w
aysoked. I openeddieportarlerin WOW=
of one of the k ram the ban& I them
matents. There worm emosel com betides Main sod
clothes in it. I Arse
sad &es pat the tamer te=byhmeldieneellseThillie
marked some of the papers as I tech them out, by dosing •
semi apes them. Unitised other pages which I did net
mark ost that eight. I marked the rime Oder of the perm
the following day, before they left my custody (men
handed witness). Thor were the papers I marked sad
Initialed on those oesedons. I brought the pormentess
wish the clothes only in it, to Kilmeinher, on the same
sight, sad delivered it, together with the key, to Mr. Alison,
the deray-gemmor.
Cross-eausined There were four men a inane, and he
did not know how many maid servants, at the Viceregal
Ledge.
Ledge. Did not know bow sung deteetive were about it.
Did not think that Mr. Ratingen could know what was in
the portmanteau before be saw it.
Mr. Robert Allison was &pay-governor of Kilmalabare
gaol ; knew Mr. Backe, the let witness; remembered his
delivering a portmanteau to him shout twelve o'clock
Sunday night, the 9th Anger • brought it up to Mr.
O'Brien's room, ecordieg to at directions, and delivered it
to him; landed to him also the key which was endorsed in
the letter of instractess ; be thanked him for doing so.
Mr. O'Brien kept that portanateen.
William Lowe.—Knew Mr. Charles Garen Duffy sines
1843. Had seen him write. A letter was handed to him.
Could not swear dietinctly it weer Mr. Daffy's handwriting,
but, from the Marro r, believed it to be his, to the but of
his judgment
OmmezernimuL—Had the management of the printing
department of the Notion doubt. Told so-
dtor at first that he had 60 about the handwriting.
Had no doubt about ft. If be met the letter in the ordinary
way be would my it was in Mr. Daffy's handwriting.
Mr. O'Hara.—Knew Mr. O'Brien. Identified • letter
handed to him, as being his own handwritidg. It was
ad-Iresied by him to Mr. O'Brien. It was written
upon the day it bore date (4th July, 1848). Knew
Mr. John Dales ; be was married t 3 whores
niece. From the contents of the letter it would tip-
per that Mr. Dalai was in Meath at the time. Knew
young Mr. O'Gorman ; wee net acquired with his hand-
writing. Resided at Drat-ledge, in the neighbourhood tf
Kilkenny. Recolieeted thell a latordey own*
_Kr.
Dillon, who was at tin JIM 661•0•044 with bis Wife in
his (wanes's) hones, brought out Mr. Mosibeir. It we the
flat time he had bead of the susperien of the Haber
Caput Act. They left the home on that evening at heft-
iest seven o'clock. Learned from them that they were
going to Ms. O'Brien, as they had bend Mae suspension of
the Habeas Corpus Act. Had net see sees Mr. Dillon, bat
had seen Mr. Meagher. This easiored is July. The el-
'eyed ea at Belliageny teek place en the guards,
brae of which be
CammilmiaeL—Mr. dining with him or bring-
ing& Mend wee • matter el rine.
Mr. Sherman.—Wara eslielter, rang In Waterford.
Had sera Mr. handeating ; to the boot of his
edam, the lettersded tolini sure In his headwr.nit.
The Aterney-General then mid that he reposed
the dosummts which had been *rand in the portaisa.te7a
111.1erliride mid that a team bad bees given_ to
show that the trash had set been opened while at Mr.
Dchesy's home, or afterwards. Mn. Doh.ny had not been
produced. The ers of " King e. Hardy " ruled the
mint, and ke relied it es an an&ority, to show that the
evidence ma isstll Rto mama the prisomer with the
dorameate.
The Chief Jetties said the eat ma of opinion that those
was lithithere Misses to ems the desements into the pee.
sessea the }thither.
Mr. of
Wltar oiled apes the mart to reserve the port
Mr. Jades Keen mid that he had taken awe of it, sad,
of seems, tila whose, mead have the basalt al it.
The Mid arise asld, that when the day of elm**
the devolved are him, he woad lane it Meet
to
say ast the 'diem connested the imer
with the poesseiceor
end writing of the demerits. pr
William Preaklia.-11 held the situation of resew of
the Prodadel beak at Limerick. Mr. Smith O'Brien hunt
an acme& with that hank. lam eaquelated with his haa&
writing. (Paper *mad In the portnestena handed witness.)
18ad enesigit dies papers • note marked, which is,
believe, is Yr. O'Brise's beadle Mink There is a letter
which is aped William Smith O'Brien, the signature to
which is Is lie lomilarding, but the body of the letter it
written by some other mem TM document marked C.,
I will not ewer to be in Mr. O'Brien's handng, bu
tt the
word Cakentoyle which appears ia it we, I beltieve, tes
by hiss.—The words "11 Halpin," in the second
document,
_tire also, I 'belies. nixr. O'Briaa's handwriting.
Robert Walpole.—l ea Inspector dike Dude polies.
I have with me here rime perm whin I prebend at Mr.
Oriersoa's, who le the queues pester In Dahlia. They are
of of re DubMs Goma& Om is a copy of the Gareth,
of Tuesday, eat KO of Jay ; another of Friday, July ;
a th'rd is dated Wednesday, July 28 a date inter-
mediate betwesa the twoy,
former; • fourth is dated
July 21. I rime
the 27th July. On that day went
to the de
a meow tamed Keeley, at No. 1, Rushee-
street. (deverente banded to witness). I got thee
gees *tot layer& WOrily, who misted me to sem&
seem IdiEr me Ilia Sod them.
inletlied:Coasty.—l am a eset ia the Dublin
and eammite Impeder Wifl ht his much at Mr.
Keefe hoses. I found some paws in a rut is the
tabby admit beam which I gam Walpole. (Peplos
banned le vines These were the dommenta.
To .—I meat to Mr. Keeley's house fref the
eflordirg isi nes. I Mad a great maitre of
=Long with WM Phidiwel
limy Ann Kosiey.—l red& at No. 1,1
last
emembeoPermA
is
to
Dabs. Idm Mr. Thema M.
O% Halpin. rer
polies Wing ay father% IM sad oaths( away ems
=asa=t at 9 D Olierasset ;
they atee ilarece-stamt
me. Mr. = the
wade esentary to the ettafedereakee.
reeig=smissi.lie.ll VOloranot.
—Whet
I brought the men ham
D•Olier-street I pat them is the use en the lobb
James IL Deb (en egyeever).—l reside in Dobbs. I
we • member Oa eashiseate dab inTablin. It was called
the " Red.handni" data, and was a bunch of the Caren
club. It held its nieetinge on Conetitatioa-hill, near the
Broadstone. The CleTell deb met In Opel-street. When
I became a member of thetelab, I In Lima-hall.sfteet I
formerly followed the berm of an engineer ; until latterly
I have bee& • clerk in an attorney's dice. There were
birds won the windows of the " Bed-hand club, each
having Ard bend elk it. There were about eighty mem-
bers In ty gegAend dab, mad food in the Cann dab. I
have se's Mr. Meagher at the meetings of the Curran dab.
vamiiipbzz. swim* amine the line of twain&
eat Irma ems by the dolidter•GeneraL He (Mr.
Hatiellftemesinavevaing le bring oat the whole bray
tithe ori&issara Mae, without at the tare time offering
say Midenes le Mew that Mr. O'Brian ever had the slight-
est osnarlien TIM any Orem.
addreasirg Mr. Whiteside, said,
yew der be. pleaded net guilty, and of sore you have
been testinellei le deny every single fad that We have been
legewiredra =al will presently show the tionnestioa
edit* O'Brien and the clubs.
Mr.Viden.-111,y heft I dais the protection ef the
siert ; my Meer bee WWII bees stared daring the whole
of a long pule We, and I demand that year lordships
ell act allow the solisiteripeorel to make any obeseva
Mem whisk are calculated I,a idlest iiijaiesily apet
ty
Marmot.

L__