The Express.
London, England, 1848-10-05 00:00:00

THE EXPRESS, THURSDAY EVENING, .00TOBER 6, 1848.

military cap getting in out of the pasture field to the
cabbage pries, end he east sleets by a ditch oath be get
to ea not-onex A pee= mime to the window ea that
oesesioe. He was dreamed with a flannel laciest, sad was
armed with • Islnarlerbem. He asked as to give up oar
arms. There had bun no firing up to that time. Mr.
O'Brien then ea= cm the window lensedistely after. (Toe
witness here identified Mr. O'Brien.) He stood at the
window-steel. The upper part of the window was open at
the time. He said he was ea Irishmas sad • soldier. He
asked u to give up ear arms sal that he would protect oar
Hsu and putt ke would give us Au minutes to consider if
we Weald give cep ear mesa We told hies we would not. I
did not see anygas with hies when he came ea the
window, but I did beiwit. I saw hies with arms in the cab-
bage garde and he stood at the end of ea outhouse. That
was shoat a Perch from where I was. He tied a pistol in
his heel After he spoke to me on the window stool he
omit sway. Did aoptimaln see Wm after that. I beard
him speak to the after he left the window, bat I
don't know what he them Up to the time el his
leaving it se firing bed takes plus. The fixing commenced
from the outside, and up stars they retuned the fire, and
so did we below. There were stases thrown funs the out-
side. There was s volley of shots fired keen the outside
before we esimmaimed. The =us that were thrown did
not hit any elms. There were a geed essay thrown. but
they did not same fet at the wisdom where Mr. O'Brien
spoke from.
Chief Julies Doherty: Did you see any stones some
into that room at all ? Witness: I did, sir.—And was that
beloveds' firing from your party ? It was, air ; one stone
came in about five minutes bet= the firing.
Examination resumed : I did not hear anything striking
the rest of the windows ; there was firing from the outside
of the house upon our party daring • quarter of an hour
after that. I was by the window during the firing. I sew
the muskets directed at different puts of the house. I saw
myself only a small number of arms there. I remained in
the house while Mr. Trent was there. I did not observe an
respectably deemed people outside the house. I was at both
windows in the room during the day.
By &juror I could not say that I noticed a difference in
the sound of the firing as between that of a erosion and a
company. I could not say how many shaft were fired, as
they were firing at every side of the home. •
Cross-examined by Mr. Fitegerald.—l came from Callan
that moraine and passed through Balling/toy about one
o'clock. I can't say I sew the proclamation for Mr.
O'Brien's arrest. I did not hear of it that day nor that any
reward was offered. I heard it first either the day after or
that evening. We were fired on as we were getting to
Widow M'Cormiek's house. I heard but one shot. There
was nobody killed by it. I didn't see who fired it. I was
at the front window when I first heard the firing. I think
all the panes of glass in that window were broken. I
could not say how many were broken in the other
window. The firing &together lasted about a quar-
ter of an hour or better. The police did not fire after
that. Nobody appeared after that quarter of an hour.
I found no bullets in that room. Mr. Trot was once in
that room that I noticed. That was the time he had been
gent for. I have not a very distinct recollection of what oc-
curred ; in had I'd have more to tell—You fleet yourself,
I suppose ? Witness: I won't answer you that.—Attorner-
General : Yon may answer. Witness: I fired from ths front
window. I saw women and children before the firing eon-
monad. Not one one of our men were wounded, and I was
in the front of the open window, Constable Moran was in
the room with me. I saw no mhas of balls. I fired at
some one, not at random.
Constable John Moran examined by the Attorney-Go.
nersl was one of Mr. Trant's party at Ballingarry, in
the Widow ll'Connick's house In the loom to the left of the
door ea you go in. I saw several people collecting ea the
hills. I know Mr. Smith O'Brien. 1 saw him there ; he
had his back aganot the front wall of the house, between
the front window and the gable. Immediately after one of
the party went up stairs to tell Mr. Trent he was there,
and on Mr. Trent coming down he had disappeared from
the place I saw him. After Mr. Trent left he came and
planted himself again in the very same position. He soon
after came up to the window, and got on the window-stool.
The first expression he used was, "we are all Irishmen bop.
I am Smith O'Brien, as good a soldier as any of you." He
demanded our arms. The answer he got was that we would
part with our lives before we would give up our arms.
When I gave him that answer he seemed disappointed. He
the. got down et the window-stool, and I heard him make
of the exprtasiou, "Slash away boys and slaughter the
whole of them."

Mr. O'Brien—(sternly)—Don't you know, fir, that you
are swearing falsely when you say that 7—Wiases : (dog.
godly) I do not.—Mr. O'Bnen: Torn round, sir, end let me
see your face.
The Attorney. Genersl—Den't mind, sir; let the jury see
you.
Winton—Ho had one foot on the windowstool and ano-
ther off it at the time. Immediately after I hoard shots,
and they must have been from the outside. I heard the
shots fired abut two minutes after Mr. O'Brien made one
of that expredion. There were several allots fired together,
but how many I cannot exactly say. There were several
attempts made to throw stones into the room where I was.
I saw a man in the set of pelting towards the gable window.
We were changing places continually. As soon as we of
as had fired, he leaped down from the window. Another
then jumped up and tired oleo. It was on one of these oc-
casions that I saw the man in the act ot throwing stones. The
Sling continued at intervals, about three quarter. of en hour
or an hour. While the firing was going on I saw a groat
number of men armed with guns, pike.. dte- &c. I did
not see any men In the act of firing from the outside
towards the house. I saw one man make an attempt to firs,
but he did not do so. He placed the gun woes the wall bat
did not discharge It. I sew at least 30 or 40 gam outride
the house. I saw &Newt number of people 1r th pikes.
There was in all about 500 armed mea about the home,
armed with guns, pilau and other 'hoopoes; before our party
got into the house, a shot was fired. We were cocain; up the
rani:nary rood at the time. It was *Gut ten minutes M-
I fore we got into the head. Thegentleman I have spdm of
as baring been present, and need the words " slaughter
them all," was Mr. Smith O'Brien.
Attorney-General: Did you see any pawn In the gaol of
Hilutainham whom you rememberto have wen et the widow
M'Cormich's Wass.-11r. Whiteside objected to the ques-
tion.—Attorney•Oweral (to winds): Then did you me any
stranger there whom you subsequently mortised ?—Wit-
awe : lad; his name is O'Donoltae.
Cross cumin* by Mr. Whitadele—ls the fact that O'Do-
name was there's true VP willing you have sworn to day ?
—Witnosii: It certainly is.— .—You *willed him point blank
in Dublin, and yes lave no doubt that O'Donohne was
there t I have no doubt about it—And any person that
swore the mew would swear falsely, would they not?
They would.—Would you swear against • man you were
not quite sure of? Certainly not—Wm it not on the 6th
of September you swore your informations, and did you
swear to those words having hem need ? cannot
exactly say.—At what hour did you lame Callan ?
About haltpeet tea ia the morning. The party eon.
doted of 45 awed ma, and we expected to meet other
helm draft now was one shot find when we turned
off the real M pt to the bow* but no person was struck by
it. There were numlosaa hawing us about 200 yards In
oar rear. Thus was warm sfnt7ed wkaa we were woes
Mg the dita. No person woe Wash by it. I cannot tell
vie aid the iota, or who they were fired at, betimes they
wale *maks rear. We had Ifsar"or live children in the
home, and the mother we. odd* waiting to get her
children, but we could net blamed raw the door was
barricaded. There wen several wawa *we, " hat it wee
not In the lifts Wreaking wets." They wen pale( atones
as if to pelt the= at us..—Would you idol Cer-
tainly I would have shot a wears ft the was witieg steam.
—You would have shot them we alter the ether? Cer-
tainly, I admit it.—Did you we the Widow it'Conaisk out-
side ? Yee, bet I did not hew hen weak to Smith O'Brien.
—Yon have sworn that a pones basing a yea on the wall
mold not fire into the spa willow. How high is the wall ?
About fire bet Wgh.—And bag it was the window from
the wall? About six yards.—AM yet you swear a man
could net lie into that window ? oh, it was poodble to do
so.—lse ad the ill of the window lower ties the wall ? It
le.—Aad yea admit it Is pastas the moo cabbie maid have
Seed late that window. I now a* yes, was thew • as
harp the.. was net—Tel me any_ of as sea that
were wm yes? lialarty, Raidesm, Noma sad
Where:oruescr Am when pria wet ate Hi names? I
mumps rim ; bat to the host aiimjadgmat beim up
stain.--Did sow abate meta new lima mass I He did
four,lee, web tamale did notes= In al all diabetics Icing
at least le ay kasatialv.-111aion Twat emu down
tom way paws awe to Ifte waft* wing shotbe wasted
to ake pease f wig* ham emezrod,- b d set hear
it or one it.
Chief Joutioe—As I zadsratead, dupers* who wanted to
make mhos awe to the lobby window at the rear.
Mr. Wititeekba—Did you read over your informations to.
day ? I did not, mar slaw I swore to them in Dublin.
MUM, Mr. O'Brien tome to speak to the men, we the win-
trnsa ? The *Wee was partly closed, sad Mr. O'Brira
it ita*, sod at that tine the glass was open.—Wm
gperson tally ezpoesd ? It was ; he was directly
between those who were Wide and those who were
outede.—And bad either party fired then would he
have been het died ? He autairly would.—Did not
Mr. O'Brien Int speak civilly to you like • gm-
deem& ? Ho did.—And that he wasted you to give up
year anal; did he my he would protect your lives ? Yee.—
And then he immediately said In a loud clear voice to the
people, Slash away, and daughter them ell 1" He did,
sir —Wes ha dun looking you is the hoe, or turning to-
wards the people ? He was gety off the window stool;
there wan a umber of people armed with Nude:bus=
near am, and amide the wall. They immediately fired
spool as named she* but am% say who fired them ; there
WON new bad In my dew.—Had you not power to shoot
Mr. O'Brien dead Wien he made use of the ex
Slaughter theta ad r Iliad sus' for if I Mid rdwo:ltl a
ham shot him.—Wes he net tainting you at the time? No,
my *yeses was dx Wass from his Wee* Could
you have shot a man du inches from you ? No, I
can't sayyee I wabil.—Then why did you sot shoot him ?
Because I dY net haw him making me of the—(here the
wanes lritotd fir a momeat).—Yon did not hear him
make use of Ike words, " Slaughter them all ?" Wes not
that what yea ware shoat to say ? Yoe, I did hear his say
it. At the time he said "Slaughter them all," my bayonet
we. only Mx WAN is,. him.
A JIM,: Did yea fire, mid what did you fire at?
Wieners : I fired at a sun.—Did yea Sr. at a men who pat
his musket over she will and Wsk aim? I at a man
Won I saw who I jumped open a chair; he was in the net
of gathering doom—What pumentod hum firing at
Kr. O'Brisa ? I had not thmesttral Mr. O'Brien masks
we of the wen* " Fire away keys, awl eiserAhdeo she. all."
—And he was eh babes hem yon gad yea dad EN time to
fire at him? No, I hod not—Whew was the other wa-
dable at the time Mr. O'Brien wade use at the words?
He wee in the room at the time.—How near wen he to you ?
I cannot say.—ls the room • lame one ? It b.—Did Mr.

O'Brien my thole words is • loud voice? He did.—Were
yea the nearest man to the window ? I was.—Do yin think
the words were said in rook a tone as is be heard la all pule
of the room, the window, as you know, having bees open ?
I cannot tell; there was only part of the window open when
Kr. O'Brien pat ha his band.—How high was the window
from the ground ? About five teat.
Arthur Robinson, police unstable, examined by the Sell-
eitar-Chaeral : I was one of the party at Fannon, on the
of July lut ; I was stationed in the bow' I was
is *aeon as the ground floor to the ha of *stall.
I law towable* Mahony and Moran. Mores was is the
same roam with me. While we were in the room Mr.
O'Brin (the geademaa la the dock) owe to the window.
The Tarnow let shwa from the top. It wee about three
feet from the ground. I saw the people taking deliberate
dm at the pollee up-stairs. I wee close-
to the window at the
time. The people inside the wall went through the gate and
round the bone when the firing commenced. This was
atter Mr. O'Brien had given the word. Some of the people
the. soinseened firing from bade the wail. I fired out of
the window four roans. Some of the people about the
how had blunderbusses, fowling pieces, pikes, and scythes.
I think the firing lasted three-quarter, of an hour. Mr.
O'Brien called on the people to slaughter the whole of them.
• Juror: What did you understand him to mean by that?
—Witness : That the people should fire on us. The firing
then commenced. We were looking out of the window as
Kr. O'Brien retired from it. I saw persons about the
house; the greater part of them were armed. There was
an outer wall in frost of the house, but the people were in-
side the wall and outside too. The firing commenced from
the outside. The upper sash was open when the gentleman
came to the window ; Mr. O'Brien leant on the sash of the
window-Val, put his hand over the math and said, " We
are all Int Amen—that all he wanted was our arms, and that
he would give us five minutes to give then up." I and
Moran said we could not and would not give them up, if we
forfeited our lives for it. After we refused giving the arms,
and after getting from the window, he said, " Slash away.
boys, and slaughter them all."
Cross examined by Mr. Whiteside: Are you in the same
barrack with the last witness? Witness : I am not. I did
not make en affidavit about the words used by Mr. O'Brien.
I only took the oath which I have taken here to-day. I
made no deposition before the magistrates. I understand
there was some person or persons unfortunately killed by my
fire. I saw the body. I saw people with blunderbusses,
puns, and fowling-pleoes and some of them went right and
left when Mr. O'Brien was at the window and denrcd the
people to slash away.—Who was nearest to Mr. O'Brien
when he was at the window ? Anthony's bayonet was
actually within reach of Mr. O'Brien.—And did he touch
tam? I think be did.—Therefore everything that Mr.
O'Brien mid must have been heard by Mahony as well as
by you ? Yes, if he was paying attention.—And this was
an occasion upon which a man might be expected to pay at-
tention ? I think it wu.—You fired pretty quickly, dil
you not ? Not very.—How many minutes was it before
you fired ? We fired as soon as we could.—How loog was
it ? About two minutes.—At whom did you fire ? I fired
at a man.—Where was the man ? He was opposite the
gable window.—Did you kill him ? I don't know. I don't
think I did.—How far was he from you ? About 40 yards.
—Did you not lire from the window at which Mr. O'Brien
stood ? No, I fired from the gable window ; when I fired
' from the gable window there were no persons inside than-
closure.—Did you fire at a woman ? I had men enough to fire
at. I can swear I did not fire at a woman. I saw the women
picking stones. I saw some of Ova forcing the men away.
—Did you fire at them ? Not at that time.
A Juror What position was Mr. O'Brian in when Inlaid
" slaughter them all ?" His back was to us.—Where was
he ? He was on the gravel, getting down.
After leaving the table the witness was recalled, and, in
reply to questions from the jury, said : Moran (the former
witnes,) nod I were speaking today, but nothing more about
the era nce than that we thougnt we would be called to-
day. We didn't speak about the business. I did not hear
his evidence. On my oath we said nothing about the parti-
culars of the evidence we were to give.
Constable Patrick Ford was called end examined by Mr.
Scott. The witness said—l was stationed in Callan in July
last. I was in Mr. Trant's party that got into Widow
M'Cormick's house, and was in the room with Moran and
Mahony. While there I saw a young man with a flannel
waistcoat come up to the window, and heard him demand
our arms. He acid lie was an Irishman, that we were Irish-
men, and that I had an Irish face, and was Pat Ford
from Callan ; he was standing on the wiudow-stool when he
mid that. The upper part of the window was open. I said
we would not give up our arms. Mr. O'Brien next came up,
and got on the stool, and un—" On honour, and as a gentle-
man, I come up to you. I'm Smith O'Brien, I know yon
are Irishmen, I only want your arms end protect your
lives." We told him we would not give them, that we had an
officer, and that whatever he wont& do we would do. The oat-
en was up stain then. Mr. O'Brien asked who the oilier was.
Weald lir.Trant, from Callan And e ked where he was. We
told him he wu addressing the people at the back of the
house, and Mr. O'Brien then went away from the window.
Mr. O'Brien wore a frock coat and a belt. There were two
pistols In the belt Lad one in his hand. /Is wore a cap with
a gold band. Immediately after Mr. O'Brien left the win-
dow, I heard the words " slash away, boys, we'd soon have
them all." I don't know who said that, bat it was in a
minute or two after Mr. O'Brien left the window. Imme-
diately alter these words the filing commenced. I think it
was from the outside, but I am not sure, es it was not at
the window I woe at that the tiring took place. I beard the
words " slash away boys, we'll soon have them all," when Mr.
'Brien was seven or eight yards from the window. One
shot came into that winlow, and there was the mark
of a shot outside at the window. I did not see
any other persons respectably dressed outside the house.
Cross-examined by Mr. Fitzgerald : When Mr. O'Brien
owe to the window I was at the front window. Three men
were at the window: Moran, Rsfforty, and Midway.
Robinson was in the room, and might have been behind me
when I was spoiling to Mr. O'Brien. Mr. O'Brien'. hand
touched Rafferty and Mahony. There was a good nuttier
of people is the yard close to the window. Standing on the
window-stool with Mr. O'Brien was another man. He re-
mised all the time Mr. O'Brien was there. There was a
considerable ennui about the window. When Mr. O'Brien
asked for our arms there was no answer made till he put in his
hand further. One of the persons seemed to make a grab at
the carbine, and they were told they were net going to get the
arms, as we had an officer. Rafferty and I told him that, bat'
don't know if Moran told him. Moran turned to the men in
the room and haired them not to give up their arms. After
Mr. O'Brien got down from the window I heard firing about
a minute or a minute and a half. The people were some in
the yard and some in the fi ild. They had arms in their
han4 and were preparing to fire. Some of them fired. I
think they fired first.—Had yea your eye on Mr. O'Brien
when the words yin have told us about were spoken? No.—
But he had left the window before the words were spoken,
had ha ? He had—Had the axon man left it ? He had,
they both went together.—Did you see Mn. M'Connick
than ? Not at that time.
A Juror: How hr was Mr. O'Brien from the window
when the words " slash away, boys," were spoken I could
not tall how far.—Did you not say a few minutes ago that he
was seven or eight yards? He was about that.—Wee it
from you or from the window ? Frem the window.—Did
you see him at the time ? No.—At the time Mr. O'Brien
was on the window stool bad any policeman his bayonet
within Ave or six inches of his breast I My own boron
was epos, to it.—There were font of. you at the window_ and
Whose bayonet was next Mr. O'Brien ? I think Rafferty
was as near bin es any one else, for he was just under the
window.—Did you see Moran's bayonet at his breast ? It
was quite don to it.
Head-constable M'Donougb, sworn.—l was one of Mr.
Trant's party at the home of Widow M'Cormick, on the
29th July. 1 was in the room over that in which Ma-
hal, was in. I heard the words " slash away boys, and
slaughter the whole .(them " used outside, I could net say
who used them. Not a second elapsed before the firing be.
gan outside. A ball struck the sash of the window immedi-
ately near where I stood. I saw woman collecting stones in
their apron outside, and laying them down near the man.. I
heard a good many shots daring about three quarters of an
f .I think think the wall that went round the bons was about
ear het trigh.
Cessennembeii by Mr. Whiteside—l have been in this
pest tithe country due this transaction with Mr. Trent. I
mob ne lalsematicn I was never celled upon to make en
Inhemellin at all. I was examined in Dublin. I was sent
for ha Dahlia by the lespestor-General, as I understood, who
natatally Udall to have the perm who could give the beet
lakirmadan. I did not tell all I knew of the smatter. I told
the weeds " ekteh away boys " in Dublin to Mr. Ray, the
Crew derk, on the 9th. 1 did not see the &pool
tinsel tbe other vitamins at the time. I was in the front
ream up dohs ea the morning in question. Mr. Trent was
nets ifted wit. (The witness we. hare handed the map of
the premitubst Mated that he could not point oat pedtively
on it the nee be was is.] I was deluding myself and my
arras to that awes. There wee a bed is that nem. I was
sever is It. I stooden one side of the window. I had an man
in the sum with a : they are at present under my who-
rity as head isonstable. Mr. Trent never came into the room
I wee ia. He told me not to fire until • shot woe fired at as,
or until we got the word from him. I told Kr. Trent, coming
hew that evening, the weeds that were made umeorif
fired down immediately when I heard the words used. I did
not see any one killed but one outside the inclosors. There
were several women in the crowd. The window of the room
I was in was broken. I found no bullets is the room. The
firing continued for about three-quarters of en hour. After
the general firing ceased I heard one shot fired, and Kr.
Taut told me it was be fired it es a signal shot.
Constable Thomas Waters sworn I was at widow *Cor-
inth's with Mr. Trent's party. I was not in the same room
with head mutable K'Donotigh. There were guns pointed
towards the window and mortar knocked off the outside of
the window where I steed.—Cress-examined hi Mr. Fitz-
gerald : I was ordered to fire by Kr. Treat. Under any cir-
cunotaness I would have when fired on. That was hie order.
Heednonstable John Hamden worn I was temporarily
stationed is Tipperary in the month of July last. I weal
to Widow li'Conalek's hens on the Monday fallowing the
shooting slat*. Theshootlngastsit was on Saturday. I ex-
amined the helm ingiiesmi Weide. I saw several marks MI it
outside of mean, eat what appeared to be billet marks. On
the inside whet the rear hie there wen also bullet wake.-
-Crowezawied by Mr. Whiteside : I am a Dania man. I
have new hew at a sbesshg match. I ussicter a shooting
ma* to Median the peasantry and the military or con-
staloskay ems tato attain, and fire at each other. I sup-
pose the phew* of the game anoint in die number shot at
each side? No, sir. I don't think it's a pleasure to shoot a
seen.—lnsaissidoe eontianed : Nobody told me to make
an emanating the bone. The mark of a vans would
be mesh Urger then that of a ballet. I aro ballets, I
but I saw the Whims showing some to the general One
of *sateen, I beeline, one bullet within tia bogie.
Coastable Jahn Ce (mounted policeman) sworn : I
am in the eo.eabaim, On the 29th of July lest I rode
hem Kilkenny to dressed in plain clothes. I was
ant by Mr. Urns, the ayewa, to ,Mr. Trani. I know

where the Wi !ow M'Connick's house it. I west there is
se'reh of Mr. Trent ; I heard shots when I got into the field
under the house; the Bring had ceased when I CAMe to
the house; I saw Mr. Tract there, and gave the letter to
his head upstage • alter that I wee returning mounted
to Kilkenny, when I came up with a crowd of persona,
about 300 yards from Id'Cormick's house ; they were
i partly armed with guns and pikes ; • gentleman came
up and spoke to me; identifies Mr. Smith O'Brien as
that person • he uked ono if I wu a mounted puliocmmy
gad I said I war; after that another pesos came up,
land told me I might consider myself a prnoner • that per.
son had a belt about him, and • pin in hie hand, and be
told me, at the same time, that I need not fear any insult or
injury; smother young man said I was there in the cepacity
of • spy. There were about three hundred or four hundred
persona in the crowd. Mr. O'Brien was amongst them.
It was abcat an hour afterwards that I saw a third person.
Mr. O'Briea was not in the crowd at that time; but he
came up and walked before me several times. After I had
the conversation with the person who told me to consider
myself a prisdaer, the Be,, Mr. Fitzgerald and Mr: O'Brien
walked down the raid. Father Fitzgerald wee the parish
priest who came with zee to the Wid, w M'Cormack's house.
When they were movies down the road I was in the rear
of them. Jun ar this time Were was • rush upon me,
and I thought I was about to be shot, and I requested
that Mr. O'Brien or Father Fitzgerald should come to
ma, and take my horse. M`Manus, the person who
made me a prisoner, took me out of the crowd, sad
brought me along the Sada on foot. Mr. O'Brien get
upon my horse. Sometimes he used to leave my sight Ter
half an hour, and then come back again. I was in the
crowd during the time. Intausaately after M'Mainse
brought me down the field, he plead me in charge of four
men, and went away. I should say that I was not placed ia
cherge of these men until half an hour after I was arrested.
I asked the third person to whom I have alluded to allow
me to go to the village to get some refreshment. He said he
would allow me, but afterwards I was not permitted to go.
The third person ia question was speaking ti Father Fits.
gerald. He asked him for his bluing before they would
attack the house ogain.
Solicitor General .—What did the priest say ?
Mr. Wrtiteaide submitted that this was not • legal quer.
lion. What these parties said after their attack upon the
house, and • conversation between this witness and a third
Ilrwas not evidence against Mr. O'Brien. Ile (Mr.
aide) did not ,bject to anything that Mr. o.Brien had
said ordone being proved against him, or anything that was
said by the crowd when he was present ; but the attack
upon the house was over at this time, and lithe conversation
between the Rev. Mr. Fitzgerald and one of the men
guarding the witness, which took place in Mr. O'Brien's
absence, was ivea in evidence against him, it followed that
everything geld by everybody could be the made evidence.
The Soiicitor•Gener4 contended that the evidence was
perfectly admissible, inasmuch u the person who bad the
witness in charge was one of the men connected with Mr."
O'Brien, who at that moment was mounted upon the wit-
ness's horse.

Mr. Fitzgerald replied, and
Chief Justice Blackburn., after confining with tho other
Vac, eiliiid.hera of opinfionithy :1 the evidence objected to
I ye.
Mr..Fitzghlerailde• wu eyroureetlord hip will perceive that this
conversation did not accompany any act done. Slippage four
or fire men in the crowd spoke of making an attack, and
made various conflicting propositions, would it be fair to
attribute all those to Mr. O'Brien?

Mr. Jusnos Moore: When a wenn in a crowd, and
known to be connected with them, makes any proposition
which is not diuented from, that must Iss taken as their
intention.

iiir:Wilitoside said he remembered his lordship arguing
in the case of the late Mr. O'Connell, that a certain speech
delivered et a mischievous meeting in the abeence of Mr.
O'Connell, should nut be given in evidence against that
gentleman, and the court ultimately decided that it was •
MadChroilal Chief Justicebie Doherty.: D 3 the crows peen this question ?
I am clearly of opinion n is evidence—The crown counsel
I having conferred together the Soli-nor General said he
would not press it.
Examination resumed : After I hear.' that conversation I
saw Mr. O'Brien. He lever was away from me mire thee
half an hour. I remained in custody about two and a hall
or throe hews, and after the lapee of that period of time I
was allowed to go home.
To the Chief Justice: During the time I was in custody
I was allowed to walk up and down the crowds who were
stationary.
To the Solicitor-General: While I was walking up and
down I saw Mr. O'Brien, and heard him speak to the
people. I heard him at one time asking toe people would
be give himself up to be hanged ? And that he did not like
to be in that position, or words to that t Tee. I also heard
him say he could take the place where Mr. Trent was in ea
hour. When he asked would he give himself up to be
hanged the people told him not; but I did not hear them
say anything else. I afterwards returned to my house.
Solicitor-General : How did you get away ?
Vamp: There was a man near me, and I asked him to
let me get away. He said he would, and that he would pro-
tect me with has life. We then proceeded over a ditch, and
this man told the three others to remain there, for he did not
want them. We went away, and had gone some distance
when we heard the firing commence between Capt. Cox's
party and the people. The man who assisted me to gee away
was not one of the four to whom I was originally given in
charge. He was armed with when gun. I cannot say whether
the three men who were with me on the last occes:on were
armed, but the first four ware. Before I left the moon body
I maw an coming with the police ; that was about 5 or hall-
put 5 o'clock. The police were coning from Ballingarry.
When the polies were coming in sight I heard the people
whom I had left saying they would attack them, and amora-
-1 key I saw the people getting across the ditches. When the
cars on which the police were came in sight the men who
had charge of me got permission to let me go away, and ft
was then I asked the man to assist me in getting away. I
got my horse afterwards from Mr. Smith O'Brien. It wee
altar I had proceeded about a mile and a half front the main
body of the people Mr. O'Brien met me; he was riding as
my horse at the time. He pulled out a pistol and said,
"Your life or mine for it; are you going to arrest me? " I
said I was not going to arrest him ; that I had no arms, and
that he might shoot me if he liked. Mr. O'Brien said that
it was beneath him to do so or to fire en any unprotected
maxi. He said I should go back with him along the road to-
wards the common, which I had just left. I returned back
with him in the direction where I had left the people. He
was still on horseback ; he had • stick in hit hand, and •
pistol in his Feeom ;he wore a hat. When he first took
my horse he wore • cap with a goM peak. I went back with
him for about a quarter or half a mile. Daring the time I
asked leave to speak to him as one man might speak te
another. He replied " speak on ;" and then I told hie&
that, in my opinion, it was impossible for him to succeed in
' his uadertaking, especially as the Henan catholic clergy
was against him, as he had seen that day. I added that It
would be impossible for him to contend with the troops that
would be brought sgainst him. Mr. O'Brien said in reply,
" I have worked for my country for needy years, and my
country can redeem ineff if it lakes." He also said when I
said the country could not be redeemed without blood, that
he wanted no blood. 1 cannot call to mind anything more
that was said. He afterwards dismounted, endgiang me
the hone, went towards the Commons. I think we were
then about half-a-mile distant from them. I afterwards mad•
my way back to Kilkenny.
Cross-examined by Mr. Fitzgerald : I arrived at Kilkenny
in the evening. When I first came to the field under the
home the firing was going on. I did not remain a moment,
as a man came up to me and said that if I stayed there I
would be shot by the polies. No one harmed me when I
approached the field near the house. I was between five
and ma Malin. appetite the Widow M'Curenicket house
after the &inked esemd. The police in the cars came in
the direction of Ballingarry. I was going towards Kilkenny
whoa I met Mr. O'Brien. Mr. O'Brien did not offer me the
least harm. I asked Mr. O'Brien for my horse, and, after I
bad gone a little way, he gave it to me. I have given, lam
sure, as accurate report of the part of the conversation I re-
member. I am writ" eertaia that tho last words he said
were " I want no bleed."
Mr. Cox, sub-isepeeter of plies re examined—l was ets-
Boned at Cashel ea the 211* of July last. Upon that day
I left Cashel with se, hem et twenty-two men. We went
to • plebe lASI the lews Roads, in the direcion of
the Commas is Haigh. We bad got within less than
half • mile ef the Widow M'Cormisk's house, when we
met whet I may call the first obstruction. We saw a
large number el perms tonged in line on • hill elms to us,
and to the left of the road. Mr. French, a magistrate, was
with us, earl I celled his attention to it. A portion atheist,
about MS, left the hill, and lame down to meet us. Whim
we appellant they teemed themselves into three bodies.
Two et the bodice mat at each side of us behind two
high attain, mad the ethers advanced to meet us in frost.
There was • ens road just at the foot of the bill, and a cable
Awe by,
or la the belonging to which there won as-
sembled somedeli person. At that time the
belonging
people were fonniag on the hill about 200 yards from us
then spoke to the magistrate and got may direotiow. Haver
done so I went into the ranks deny men and examined Ask
arms ; when I had this done I gave the word to
advisee • the people in the haggard bad by this time left It
lu and ed'gone up the hill. Tins was about half-past tow
o' lock. On arriving at the creel I sent five men on sash
side of the road, and I followed in the centre. On gegt,
near the people I called cut to them to give way as I i
have to go up the bill. Some of them retired up the hill a
hundred yards, and then the remainder appeared resolved
to make • stand. When we advanced further they set
up a terrible yell, and brandishieg their pikes sum dawn
to meet us.
Mr. Whiteside objected to the' reception of this evidises, .
as it had not been proved that Mr. O'Br= had been
into connexion with this armed party. Unless tblersV
could be proved the endow was num irrelevant.—Mr.
Scott : We have already connected lir. O'Brien with ea
armed party in the asighbourhood.—Mr. Fitsprald : Seve-
ral hews elapsed siace that time.—Mr. Whiteside:.
There was more than a period of two hour.—Tree Court
decided upon receiving the evidence.
Examination continued : A few men went in advance and
celled the others on. I warned them not to come nearer or I
would fire. They were armed with pikes, gene, stones, and
pitchforks. I did not bear a shot fired before I ordered the
min to data ; bat one of the constables said a shot had bees
fired. The people were then seventy or • hundred yards
host us. I then ordered the polies to fire, and the fire was
returned Immediately. I saw one man fall, end that there
we ap• me, and the people retired. None of ay party ad-
fend. Saws el the men fired fin or six roads,
was an " indepeadeat ditedrina " kept up, and every ma
deed *carnage to his ration. We than marched up to the
bill, cad to the beam elf the Widow M'Corrniek. I ia-
opened the bows hurriedly, and saw the marks of the two
1 bullets. The femininets. was all Woken. The home was ell
1 a wreak Weida

by Mr. Wkiloside : I did not on gay

hailer ; I only saw the urns of theta. Or TM in the
upper rear.—Mr. Whiteside : Tea an the geatleira, t
Ohmic, who regretted that NAL lad nipped thessah your
!c?---Witase : I *err bad it la say lagers (humbug.)
ons were el' eyries yea meld bars got tt if yeet bad
be then ? I Meet say that —Did you gm fro say
Muse ? (fiedigaraly) Nes that I rearaber.—Did yea
thaw op say duper' with rester to this Whir ?
I did. —had Hat is the greefal despair which
bse Moe yea so rash Grin ? (Leaghtor.) You say
that the potpie dearaded area yea with a lead shoat ?
Weed they ilieLe-Md did die shat kill say ed yea ?
(Inegliter.) Mc —War my "(the OM Wand? fleas
of them yea gave the mei se ant ? Yea—
=rn wore at • Iktie disteme ben a crowd, whelk
yea nor have, a piediferk or a rains ? It I wen
ai array yards' dinars I eroahl rather hare • anise.—
Now, i'll re, what Is the mare .1 the parseyea amt to get
Mr. O'Brita's portarateas at DIO I rat ao
Who gee it • pines arraN ? Norton he rid
re be lied it is his honk Norton is la ern.
ilab-eortable Mulgreer ormaisel by Mr. firsee—l wee
with Mr. Coo girt Meads the Cogger. I taw the
maple warbled, sad beard • shot at the iOWIR sod of a
bow as m pared. I the peopie sellestiat ha the field
ado the read. Alter the shot they are tut seen deter.
sairdly, strut 60 of the us with Asa lore of oar party
flemi as they TM. appreashiag.
Joke Nonce. earthedby Mr. Leash .
Mn.
I ger • port-
sorer to Mr. Cos. I bear earl fort Mts. Dobeety*
with other taniitunt to a Mr. Linker's, sad only bey
beribt it to etc It was lashed and lien to Mr. Cr la
trakreare state as I get iL—To Mr. Whiteside: I aim a
I deal Mow whoa sr how the portasaatem was
erased. Milked Linaedy beraght it to me. Mr. Dot
May's Waiter was rowed Se ho sold by auction the day
✓ear it was breatitt to my bear. It was last ia an era
seta ia the rest 'initiate.' part of the how. where erre
perm had rem to it. It reseabsed then for days. It
yes bet odes to be sea The hey, I believe, pare it ia the
arm sire ash it was ia whoa he got it. 1 was cot then whoa
it was breath& So my bow.
Michael Iseary, the sonar My of the last wirer, was
thee ailed, bat did set mower for sore rises.—The
termy-Orearal said there was a difficulty is getting She
wirer to attss•—Mr. Whitride : That is not • fair ober.
vallier—rhttesan-Geseni : I don't rake it as at all anodise
to haterferear oa the pot of Mr. O'Brian.—Mr. Whiteside :
We as,.. law the bey, earl we benne the pertraateea was
entared sarreptitirely.—•fer sore tire tho Witllllo ap-
peared.
Miran Kemedy. onserad by the Attorney-o~ml : I
was I. Mr. Nenceis who I. July Mt. I got the port,
✓aster in Mr. Littleton% I be is • pawnbroker in Cashel.
It TM ia a kin ia the win; it wee hard sad strapped.
Mat was • ratio of daphnia" at oralita set it. I was is
Ole act of reflOViag tbe feesibre Mem Mr. Deltsra Tie
was to the lead is diem mil lit was pat
=laat:easauktla along with sew fareitare, sum beds,
and other things. The horseteee TM pat Mao ee.
vend Muses. The sheriff had net arm thes. ?be pM-
amma TM ia the kit sleet bMI • deg beim I get it. 1
taw it ia Mr. Delany's been flat—fteseesesissi by Mr.
Plueersld: Thisbe be saw tbe pertmembes is Mr. Debesy's
lime. Time ems Ober bessi and basin is the bow,
bat this was waled lei* Imhof.
Osselalik idea Whim soma sal examined by the Soli-
Mber-Mtseeel : Ise Is dieDebb pebee I remember is dm
wadi et July bet
_bailie's,' at a piece saki Coultas-
tisa-hill. I Aetna blab bt a widow these with NOW
dig written ea Asa It vas ta Pie right as pas go up ;
" lied Head Club" was edam es these bib& Ime
that be the meet pert of the sicatit of July. I wee put
then to watch that hors.—Crerezaatird : I wet say

ilia new e will. mime. tip TheisisTiiitlioliesi.
I tes% se if the sane of eq_dheb wee wrdsea up in Carl-
ebreeC or or D'Oberrreet. It was writer in
red leers I wee inside that rear yesterday, aeorekieg fir
ser.
Cessethr Weasel Henri* ewers : lam is the Dublin
=italsa.kerow W Irt witagia. wr es duty at
W. I raw when the Bed Bead Cah hold
their mars& The words Bed Bead Club wore on the
birds of the-hoege, No. 3, Cosetitstitraull. I err it Iris
ell Ike is of July. I sheered parlor ring la and est
thin by day AM la Out evesfsg.—Cree-ezesitted : I fat
we dr yrs I wes pater duty ever Je hour as the In
et July. The lad due I saw it was os the nth or 28th el
lily. Thane wee ao aresetely there after the 26th of July.
Mr. William Berm* arm solicitor, wee the lee wa-
res be the rows. Be depred that a doeurest which
he sew headed is wee • e=d_ copy of as order is
cep be re trial if Mr. Arta Brien and the
The • -Osseral esatheaded is a copy of the Dries
Ow" the preiredes of the ray of Dublin,
sake Ili, bens Art, to bre ollbst ler the 20tk of Jitly.
The Orr of the Ores theta and Mir Beath O'Bries'e
kart le the Meer= of the )I Company, bearing date
care Or of Say. Re sett herded is two pearl treeing*,
frond es the purer Mr. 011efes after ide arrest, and
rood by Beard M'Dessid. The Clerk of the Crows,
tries up or of the sholdre, ofraeribed it to trjury r
Seger : This appease to be a teeing of a aims sty ;
here Billesasle at the heed of it, lad there rem to
be • road treed dews to the egirrear ; is the
erre there appears the road to Urliserrd, sad Freelred
is is grew part of it; thins thesreother road, and •
plate reeked " New Die." there's eke Tbiarke ; there's •
rood to &Osprey, sad that le treed on until it errs to
Kramer, sad Bret a ark taper it burring the ra-
refies ; this. aIL--Atleorpoessesl : Read about the
sear use sow, se draft It of the Crows : This
is erase pessill4t beg wry isdiatiact. At the head
is *pier NON rid efraight lisp frost it down
to • essteo rid. I she knew whet the are Is. Then
theee's earlae Ilse to
te aieveenllisd Liresey, and another
Bee the Cesare= r B
ArgerseptrageaL—We sow proper to reed W leper
ford he the of Illet. with O'Brien, and proved
to be In the of Day.
Mr. Whiteside to the adriseibiii, of the dor-
mer, sad sited the ere of the " Xing st. Water," when
Load Ilisaboremitt rand that if there was any doubt is to
the grimes la a eriatisel ore it should be rejected. It sp-
Mirat • bey new the portmanteau throws ire • lre-
thst he baseght it to the hare of hie raster, where
it be be her or eve days, art was then delivered up
to iodise tortable. It was sew sostesded, ea the part of
the rows, that all the cantes% of that p.rester were
adridble Is riders ageing Mr. 0' Brien. Be (Mr.
Whieride) sehrired, that burro the letup found in be
renewable meld he rade evidesee, it should be proved
that they boa beta la the euelaly if Mr. O'Brien previous to
hi. red. It bed bare prod by a deretive that in an opes
when they were rasidleig hid he the purpose of be-
by lase, be get &ma 810 lellen. What was to
primal this Astestfre beet erlaabg 10 letters tram the
ardor, sal barley this. latralmal isto Mr. .'Brie's I
husk ? If go, the wide 600 Nam might be read an the
trial if they wen had is the portmanteau after Mr.
O'Briee's meet, although be sever new ewe of thaw. Mr.
WhOraide gra to argue at maskierablit keg* tbat be-
fore Kr. 's Maw amid he given in midmost
Mr. Whim Mudd be peradi dietary dialtl
mated. awl Dem is his pememira before his arrest; ma be
highthe awe aHa eat Weteoe, who won trial hr
Web testa rdyama la support *this argumeat.
Me. /lhataali expreseed • wish to Ism from the Atter-
aey-lisamel hew Duty weelmplitated with respeet se
Ms. NM O'Brica.

I. Ltbira—ey•Ooneral, ea the pert of the mows, eon-
teadei the* the imas* °Viso pot in evidemee. It
wee imamanfil whether Mr. was a co morpirator or
Set Hs (the Aasrney-Oomas1) not proved that the
writing on the penal maps was that of Mr. O'Brien, but still
keret seaseded pew adnrt, Bar they were found is Ids
possemien they Mitt be pat la widows against Wm. Thu
was the letter whisk the WOWS sew smelt to put In.
Mr. Judo list.—l dos% *Mk you have maga=
shwa thet it was eon la the poundal of Mr.
O'Beion.
The

..traded that the sat Nettie.
tery pleb had -beta even dot the pertareirea had bees
the aregieW el Mr. Mirka, sad that it, ebb easteata,
had bees horwutied bt the elate titty ewe head to Mr.
Itedieatoa's beam at DeWitt. The vu, mew 01 home
taehriarea thi, that ht gamy beam these mai set be
dew t absolute entaity, but farts were te be peeved
treat w a jar, bight itrw their rent matimies. It
wee peeible be dee easothiee night be pat isle
the beak era primer, bet it weld be a qaeltisa ter the
jse7, wins they had it i 'Aims bin thin, whether
shay weld *et it hem their seasideredea sr ate. The
bees bird to his lamed kind Mr illieride did set is
h (the Atareeepthaebre) ~Sate, amply at presoak sad
he telmobbil that the wart was begat to moire the wi-
dows.

Chief Judas Bloskhonte mid that whatever might be the
east of the deesmast, es regarded Kr. O'Brien, the smut
wee et *aka that it sheedd be admitted as 'videos* to go
to theism.
Mr. la blithe we demand that ell the
other ppm lbws* to the pertmeateso be mad for the Jury.
I know net what the mates% of those men may be ; bat I
knew the Usisir Sesreeemy at StMe pledged Wawa! tophe
Yr. Varies his private bat broke hie word. I Item
the tiodoellemolory's letter, that pledge. I submit
that Yes mem&am el MI the papers in the trunk shoo d be
laid bedlam **j.
ChielJoslios Ireduharar.—We are now upon one dam-
:rate I have eluded the opinion of the apart at to its ad-
of the Crown was shoat to read the letter,
aims Ms. %natal& asked if there was any direetica on it,
or sit emstiope toshow that it was written to Mr. O'Brien
—The distil' it there woe sot, sad proceeded to reed the
lowa., whisk we have already pahlished

.
TM Anseam-einerel' then osed to read a letter free
Mr. Timm Y. Knew, Restedse Mr. O'Brien, and food
IS thallstlanna s —Xr. 'Whiteside objected to the
War nal. I meted the court to road the
tsar, &Mk whether it pond be legally read.—Chhi
Juane lankberne : The Attorney-General should not hare
the dbenaente forward unites they could hi Om
a —Mr. Whiteside The Attorney-Gown is not
tb .asst—Cllot Janne litsekbarne . But he inhald he
inn a way intim thing.—The judges here *maimed
the tatter. sad dadded that iskonld to wad.—Tlse Clerk of
the Crown thee null W letter, of which the Miming le •
serf

(;6•111.14 Irabob lamb& —My door Salta O'brisa.—l
bow lb most tuallallsorgst sato ettatk). sod I at awn
ter twit Elms It= No sollint GI ism& Oa Ileatlay
I Met Wilk at II tioatio• tho Thanes radon
Imam ay of gelft to It It souk no Ora a
Weld la IRO*. rdre ta 1 lad ma • ism* pap I.
M Mamma Ity po• to Oa Ittliml• /a old* Fos aro
olds to Moto Von oho to Oull. I wet Mr sill to aty
ova bonalleat Oa ma what Soo as
ass *Volt. I OW day Irtilk=l:aLem innigatt
mist Om ItoalagoollsT This 1 anftalla Llatootok.
mil I mini paw MYR tblak of Ili. I lamas Tamar.
awl lOW,/ WI .INotoollof dapple vlomt Iva% arm

Wm weld Yee selmeled told r MS MIMS y ahleleebb
lbe hem Mr. IMMeMbeefe
setirZenrippe et r ter ere term eaMegest.Trheel
me Me a mi hem Se Pb Met Y we Welmeley. eel Not Tem
aseemm etayeremend. red Mee I me. Mell. thee. I
Tavater: ebeet the Ammer trip. Imaof he New Tat
tttler the ebelleiw el Se Art Mee sm
My Sembee es Mae. red my met es hes."
MUM beet A ribs wow 14±tele sympothy—M be. b.w.wwwilmi. Taw ma be Melt tM Or spoleeke.
Ds 1 ISIS siumba so es Ifteity MSS Ste fttet sad
test wq arsismw W Mem we. ewe year MOW Mat
Term Mem Mtmemare.
- -

The AterserMesersl next versed to reed • Law teem
Plifladelplde, demi by Siebert Tylvt. and whisk was heed
is Mr. O'lltienle 3lr. WM.& she=
to the teak* of Wee. es avirtenee pied Me.
Mr. Smith : My lords, I think it to *lke
to myself, to slate Mle Mat it say habit to k imeseereeml
letters, liaispeeket answered ; and to maks
ke ke every paw I kayo recalled, Mealy be-
esues may net Mink it worth an answer, appease le ins the
bergh=lffeet undoubtedly, sir.
The letter wee Imo reed. It offered money and mistimes
reek as the whets *saki give consists.% with their allegiance
as Amerika eithme.
• Mae hen the Jobs Masi Club of Basisearthy was
eitk Fmk The belkdage= were also pat is, Kr.
Whileelde me Weeks soy
bite Wldledie—Ae die mows advisen have now pet to
ell the deessesieszy Meuse they require. I have tefe=
that, k slam jades to Mr. O'Brien, I may be
with a Het el the papers bead in the portmainsea.—The
Attorney Omen! : I eon only say that if you had asked fee
it at the proper time you would have got it—Mr. White-
side : Yoe gave me nothing that I wanted when I embed
you.—The Atteeney-Oeneral said that If the solder
Ice the STJWS bad lot a copy, he would rend that night to
Dahlia for • list at every document found in the trash.—
Mr. Whiteside: The private papers and books of Mr.
O'Brien have hese seised, although I hold in my band •
letter from** Irish Secretary promising to give them beck.
—The Atteney Glenna : I woo not even aware as appli-
anion we wok.
Pskiekieray, a surveyor, proved the correctness of a map
of the premin• He sold the house was bounded ea the left
by • aebbegelseies, which was surrouuded by a ditch ; the
whitlow wit 54 het from the ground, and the window stool
woe bet 3 lashes from it.
The AtterserGieseral was about to put in evideees •
speech, from the shorthand writer's notes. delivered by Mr.
Meagher on the 6th of lane, bat Mr. Whiteside (Netted,
ana the Anessey•Oenersl said he would not, ander the air-
earostancee, press it.
The ease for the crown here closed (half-pest 6 o'clock).
Mr. Whiteside expressed his williagarmi to enter upon the
defence at 10 Veleek to-money (this) monism sad the soak
wss adjoined at half-pest 6 o'clock.

SCOT LAND.
EDINBURGH, OCT. 1.
The trade of the Clyde bee began to retrograde.
Hitherto the returns connected with the traffic of that
noble river have exhibited nothing but progrersion—
to have stood still would have been an exeeption to
the general rale—but positive declension is an abrupt
hin ascending statistics. The vessels cleared
ociror Glasgow foe foreign ports amounted—
Tien ha. 3 Is Sgt. 29. 1847 BOB
ham Jr. I Is Sept 29, 1645 338

Damn lse
The North British Mod ascribes this untoward
remit to the embarrassed state of the colonies.
The Ediabargh town-council has unanimously de-
clared spinet written speeches.
Oa the day at Lord Oeorpm Sestina's funeral the
ships in Oreenock-harbour had their colours display,/
half mast high.
At the eonebtelos of Mr. Wilmn's concert on Sa-
turday, his Edinburgh friends, prior to his departure
for America, presented him with a bust of himself, ex-
ecuted by Mr. Handyside Ritchie.