The Express.
London, England, 1848-10-13 00:00:00

THE EXPRESS, FRIDAY EVENING, OCTOBER 13, 1848.

dammed —Kr. Ashby said he 'greened the men* glib
had arisen fee the gnat increase la the rates, wilt WO Ile
nen the demand made by the guardian sif the saw
=tea of 1.6091. for the support of tie dpeewses mad slam tiee
meads spa them for en Inanment It was tr
imer• es be regretted ea noses* et the likkees.V
amen* the rate-payees. They had leen .s
in 600 ewe, to Woe sememesa sad the broker
hem galled in is 900 i 5.... He was shell thee
the isterdieas did net do their daty.—Mr. Gnat pet a
miss of quid= %Mr guardians primal, is ceder to prole
that diem had hies • negligent adminionatkm of relief, and
flag that was the drakes, the pear rate to 10d. in the
pored.—Mr.&wen (a gale ins) mil the great increase is
the rates was attributable le the vast WSW§ in the pon of
the Strand anion, of which that pod* hem* part. In
1846 Share ware but 3,090 poor in mil oat of the sake,
sad new they amounted to 4,076. The= of that pariah
was at the lemer period 890, sad new were 1,312, be-
y es farms' of 422.—Mr. Gargle (sestlaer etuardisn)
said he moot cordially recognised the right of the ram-payee
to eallammtheir guardiine to mei ezplanationsof every kind
The hot, however' was, that the reason of the tenpaany rate
was the disgraceful at d increased demand for police. In
that email parish an additional 6001. had to he raised for the
pollee, and this wee done, although on the great 10th of Arndt
the government said to the inhabitants of St. Anne, it you
want your property protected, you must protect it yourselves.
As to the necessity of there being an increase in the police
lone, it was mere fallacy and humbug.—Mr. Grant then
moved the following readuNon :
TIM wary do view with heartfelt wow mid regret Ike
eimudeg Mows
dot the poor's.onrate, at a slam whampoorer all pulitem are
wiffiretes Irma • esemel of trade, and the nomen
nempeapete er weir remunerated tw their labour, an I du ear-
mealy nesermeed the learn et Guardians to cause • Wrier tarestim
Me tele nab bin dr whole spurns at etimagemest, with a view
he ossewilegeat ribulmliment, PO far as the rum beadiest with
Ors Imeed dim of the ore r, and that • return he mode to this ne
try el the amber et officers employed, with the amount of salaries
aisen,MAaimtheSr Oen to Me wont coaretor. Ills relate
to In armor, Re., U atty.
Mr. Fitchew se the resolution, which was put and
carried unanimenly, and after thanks to the rev. rector, the
meeting separated.
THE &Ma HOME AND TUE DESTITUTE SEA-
WIWI! AlTlSM.—Yeettrday • meeting of the board of
directors of the above valuable institution was held at the
" Sailors' Home," in Well-street, London Docks. The re-
, port (or the past year mated that there bad been 4,932 sea-
men
passed through the " Home," making a total geni s
opining of 37,319 who have been provided with a home
during the time they unavoidably remain on shore between
, their voyages, where they live comfortably and pay mode-
-1 rarely. Them are now above 190 inmates. During the past
year 128 large shis hive been manned from Soilers'
I kerne. The expenditure amounted to 7,0761. 19the1. 4,1., leav-
ing a 'Wean of 6711 de. 1.1. The total number of destitute
sailors in the asylum, adjacent to the " Home," for the re.
motion of distressed seamen of an nations, where they are
'applied with *my neon ary, clothing, tood,: he., amounts
to 611 since the let of May.
ROYAL FREEKASONS' SCUOOL FOR FEMALE ClllL-
DREN.—Yesterday the
.quarterly general court of the go-
vermin of this institute in was held at the Schoobliouse,
Westrainsterroad, Lambeth, for the purpose of electing nine
'children into the establishment, and on general business,
B. B. Cabbell, Esq., hl P.,in the chair. The account of
the audit committee for eteher last showed a balance of
7001. 13s. 9,1. to the credit of the institution ; that the last
festival had produce II a mom of 1851 ; and concluded by re-
commending that 1271. 19.. 2,1. bei buy. steel in the Three per
Cent. Reduced Annuities, which would make the sumlodged
lin those securities amount to 3,3001. The minutes wen
confirmed, and the stock ordered to be purchased. The
treasurer's statement showed that 13,1341. 14s. 3.1. was in-
vested in the Consols. After the report of the medical
°Okays as to the health of the candidates, nine children
were elected, which makes the number now in the insti-
tution fel.
EAST SURREY REOISTRATION.—The revising bar-
rister held his court yesterday at thkworkhouse comenitice-
room, Eurell-street, Bermondsey, td revise the hats foe the
parishes of St. Saviour, St. Juba, St. Ohne, St. Thomas, and
St. George, Southwark, St. Mary, ltothcrhithe, and Ber-
niondeey. The same agents attended as at the previous
court. The revising hamster gave his judgment tenon the
ease of Dr. Biter, the minister of Trinity Church, Roehamp,
ton, whoa vote was obj• cted to by the liberal agent, and
which steed over from the Wandsworth list. He said that
in this car Dr. Biter a ,aimed to vote in reopen of freehold
pew rents, and the ground of objeetion to his vote was a
suggestion that the pg muts which wen made might be
voluntary. He had looked into the act of parliament under
which the reverend gentlemea bad been appointed to see
how the matt-r rosily stood, and the result was that there
did net appear to be the 'lightest ground for supposing that
the paymeuts were voluntary. He was, theref re, of opinion
that the objection could not he sustained. The name was
then placed upon the list. The lists of the several parishes
were afterwards gme through, and this concluded the Mal-
one atlas present revision.
FRENCH NATIONAL GUARDS AT THE WHITTING-
TON CLTe.—A few evenings since a party of ten of the Pa•
'Wan National Guard., en grand,- tense, made their appear-
ance unexpectedly at the Whittington Club. They were in.
trodend by one of their countrymen, a member of the ins*
mica. They were received and conducted over Me war.
blislumat oy several members of the managing emmanne,
who fully explained to them the nature and *We et the
institution, with which they expressed thiamine he tome
of high admiration. It happened to be the *sift or Ms
weekly reasuions of the club, and on making their wpm-
&ace Ia the drawing-room they were loudly *need, • isa.
Haman at the pianoforte striking up the " Mansill!he,"is
in honour of them. The "Cheese des Girondine wee then
sung by the visitors, after which " God save the Queen"
ezessarrformed in chorus by the company, the National
joining heartily in the chorus. Several of Asa
then partook for a shirt time, with evident Parker
gusto of the pleasures of the dance, alter which the prey
adjourned to the dining-room, wile a supper had lima pre-
pared, the chair baying be taken by a member elf the sae-
naging committee. After the repast, the chthmen en-1
premed in excellent French the gratification it adlinied the
members of the institution to receive the national plods as
visitors, and after having eulogised them for the eureka
thee bad rendered to their country, and hay' Mad epos
the benefits likely to accrue Eton the friendly 3atwwlras of
nations, and the gratifying. contrast it present* es bygone
itaihe concluded by giving " Prosperity tie Trance and
thkational Guard." The toast was reelheld with
an enthusiasm p.culiarly English, which *pm* net'!
a little to startle and amuse the /Wins. The
applause having subsided, oce of the rest% • amnia,
rose, sad in a short but feeling address ex es behalf
lof himself mid comrades their gratitude =it extremely
medial reception they had met with everywhere aims they
Li set their feet on English soil. He stated that mated
*its to their respective countries would endione ail amine ,
tabeseltke and absurd prejudices, and rivet the adieus ta.
ram ha the beads of amity. He concluded by gi as •
tent. °A la prerpirite de lAngleterre,et d la
elsopeemilm," which was likewise duly h kw
Erie mete were given • amongst others, " Les dame An-
iyhdere," and the party'broke up shortly alter mbleligit.
CHRIST CHURCH DISTRICT SCHOOLS, ST. GEORGE-
IN-VERRAAT.—Yliffierday school-rooms for 700 children
were opened in the above parish, the ceremony of laying the
AM stone for a new church being performed at the same
time. The schools area very extensive and handsome pile
of bindings is the Etizabethan style of architecture, and
are situated at the corner of Johnston-street, Back-road, Bt.
Georgein-the-Eut.
LIGHTING BY ELECTRICITY.—In the comae of the
gym* lecture at the Western Literary Institution, Lei-
mierequarer, last eveniner, some experiments were exbi-
hied of • new mode of lighting by means of electricity,
*Mhos far as we could judge from appearances, were en-
Moly easetestul. The inventors of the new method are
Mum Zak and Petrie, and their mode of operation is to
awes the electric current to pan through two pines of
charcoal in suet a manner se to exclude any portion of the
ettasepherk air. The light produced is intense and beauti-
ful, producing the effect of daylight to a much greater
extant than the lime UAL and having this advantage, that
it is awaked and continuous, while the former lasts but a
kw moments. The inventors expect to apply it generally to
"2:::d street illumiaation, and state that while the
t " will cost no more than gas, the expense of Ina-
will be only one-twelhh of the price of the latter

disPisiiiiist, that it his made still more con.
vets to the side of mercy. At the same time
apprehenaion has not abated, and many-flyiog
rumours stoutly hold out for the full severity of the
sentence. It Is said that the whim opinion
should of all others have most wei tin the matter
still adheres to the conviction that a terrible example
is necessary ; but that personage is, I feel persuaded,
too wise and too politic to recommend any course
which should tend to revolt or alienate public feeling.
That would indeed be inconsistent with himself.

There will be held to-morrow ; Preliminary meet-
ing of person anxious to enforce the recommendation
of the jury in Mr. O'Brien's awe, at the residence of
Mr. It. D. Webb, a gentleman of well-recognised
philanthropy, and a member of the Society of Friends.
An additional police force hu been sent to Bush*,
Tipperary, when the three murders were perpetrated
on Saturday lest. The townland most bear the bur-
den of their maintenance.
With respect to the trials of Mr. Meagher and Mr.
O'Dotioghue, the Clonal correspondent of the Free-
man writes :
Mr. Mragher will not be brought up foe some der' as I
mentioned to you in my last note. The crown is still hunt-
ing for evidence, not whhiog again to produce D Akin. The
active pursuit they have been engeged in fur the past week
more than amply 'elutes the calumnies so industriously cir-
culated agai st the peasantry. to the effect that they were
tendering the inform. is evidence for the inlormer's wages
in such crowds that the crown knew not whom to select.
Several most respectable in moos have recently been sum-
moned, amongst them a must respectable Protestant clergy-
man,. to whom it is intimated that his evidence would be
required. Mr. P. O'Donogltue will probably be arraigned
to morrow. The solicitor.general begins his reply at the
opening of the court, after which gr. Justice Doherty
charges the jury. The jury cannot retire to consider thew
verdict before three o'clock.

The King's County Chronick nye :
Mr. Armitage, collector of poor•retes, Proceeded with a
party of bailiffs, on Satuadly last, to the house of one
Costoloe, in the immediate vicinity of Cloughjordan, and
demanded the amount of his rent. Costoloe said he had
paid pert of it to Mr. Salmon, the former collector, and that
he would now pay the remainder ; I,ut this world not do, as
ho could not show any acknowledgement for having paid the
rate, to the cattle were driven ; but they had not gone far
when Costoloe and two or three workmen pui sued sad over-
took them before they reached the town, when a bloody con-
flict ensued, in which a men named Tierney had his skull
fractured, Costolos himself was dangerously wounded, and
John lid, one of the driving party, had his arm nearly
severed from his body by a blow of a reaping hook ; hut
fortunately no other serious injury occurred, se ilea drivers
shortly decamped, leaving the cattle bohind them.

MVIIDEN IN TIPPERAIII.—A man named John CUTOII,
residing at Rosen., has been murdered under mysterious
circumstances, and by whom at present unknown.
It appears that on Wednesday last, he and his
brother, William Candi, with some other pencns,
were in the village of Dunkerrin, and were drink-
ing in the publio•house of Adam Weafor, whoa they
wi re j4IIICI by two sweeps, named John aut' Michael
Cirty, with whom they had a quarrel. Cot,stable Whelan
had the parties arrested, kept them in custody until
they became sober, when they were brought before a
magistrate, who discharged them, after which the Carroll*
again returned to Wesfor's house. They drank whiskey to
excess, and did not leave it until halt put ten o'clock, when
they proceeded to the house of James Canty, of Clashagad,
their brother-in-law. The statement of Cawly is, that
the deceased, John Carroll, and his brother William,
reached his bolus on Wednesday night between eleven
and twelve o'clock. A knock was given at the doer. Ile
got up and opened it, when the deceased fell upon the
floor. Ills brother raised him up. A light was procured, and
it was then found that he was cut on the head and bleeding
very much. When asked what had happened to him, he
said he could not tell, Nigel% his brother William could.
The assistence of another brother and some other persons
was procured, and the unfortunate man, after being washed,
was ,ut to bed. He n poke after. On the hllowing
evening ha was attended by Dr. Powell, of Rosa a, but he
died about ten o'clock that night. An inquest was held on
Saturday, when a verdict was returned of wilful murder
against some person or persons unknown. The deceased was
a person of bed character, and a terror to well.dispi sod per-
sons in the district where he resided. We have not heard
any cause assigned for the eommieaion of this murder.

1111 k; .n,_ .
ASW niAPERIMENT IN PAVING.—For some time
the attention of the City Commissionen of Sewers has been
directed to the Nadu of tie maize roads of the City as
=en peesible, MI at barb it ham been determined
IL
SIAM ihmeriptiom ofpaving shell be laid down in
Memplanerost,datbeing Probably one of the bat thorough-
Wee to tut the relative merits of the different sorts proposed,
sad which are to be as follows:—The first 3,000 square
yards, oonisienelag at the sera end, are already laid with
beer-isek Aberdeen granite. The second portion is of the
MS width. the stone being Mount Sorrel granite, from
ledeestenlaire. The two next portions are to be of the ease
deseriptions of granite, the tamer of three-inch square, and
the latter portion, or south al of the street, is to be three
incites by Ave. As than deem will be comparatively small,
Mr. Chadwick, the easemMer, will lay them on a deep bed
of easerete. The general *aka of scientific men is that
the ,ferar.lasik Aberdeen granite wul prove to be the beat,
affording a rougher surface and a better hold for the foot
of the horse than the three-inch. The Mount Sorrel stone,
which Is of a reddish colour, occupies a place between the
Aberdeen sad Onernst7 granite for hardness and will, when
worn, from its extreme hardness, become slippery. It wen
rr*greed to that each block should vary between six
inekes la leagtb, the latter aim, by practical pokes '
and mums being deemed to be the most memo ; but Tester-
dew the members of the Court of Sewers issued as order that
none of the blocks should nosed 12 inches in length.
Whatever may be the defect as to the dm of the etmie, the
sew pavement, as far as it has gone, is etrosidered to be
the
the
most perfect timelines in the matropolls, reflecting
highest credit on the skill and abilities of the matnetor and
the impostors of the Court of Sean" under whose manage-
mat the work Is carried on.

IRELAND.

THE SPECIAL COMMISSION.
CLONMEL, Ocr. 11.
TRIAL or M'Maters.—At the sitting of the court this
morning the Attorney General said that en allusion having
been made on the previous evening to the Hoe and Cry, and
the evidence of the witness having stated that the prisoner'.
name was in it on the 22ed of July, he thought it right he
should be called again, for he had evidently laboured under
a wrong impression.
Head Constable Crowley was then called, and deposed
that when he maid July, on the previous evening, he meant
August
AU. Butt, Q.C., then proceeded to address the jury. Howell
knew that Amon every thing,exieted calculated to prejudice a
jury goin.- into that bee to try scan like the present; because
hawurablenten naturally felt indignant that an attempt should
beamed., under any pretence, to disturb the public peace. He
asked them to guard against mach impresaions—against any
resentment that might be impressed on their made, until
they actually weighed the evidence adduced before them and
pronounced their impartial judgment upon it. He asked
them to bear in mind the principle of British law, that a
prisoner must be found guilty of the precise charge
him, and no other. They may believe Lb conduct
let his conduct be even worse than wicked—until they mad
say that he was guilty of the precise charge in the indistmmi
' they could not find him guilty. The next principle was, thotba
araip2sime foundailcoSerau the evidence, and on the evklemee
t had heard or known should be ex-
ist/id tuna their *II ; and, nukes they could lay
their Milk their hearts and say be was guilty aeseediag
to the edame only, they must acquit the geleekr The
Imbed gentleman then referred to the kabinet The
le
the hit that the treason was charged in six different *sae, I
sod *weeded t—Perhaps it would not be necessity for him le
trouble the jury with any remarks upon the sixth count elf
the indictment.
The Attorney-General stated that it was the Intention of
the crown to re/y upon the first five counts only. Hetio would
withdraw the sixth count.
Mr. Bate w•skl then have only to address himaelf to the
somidelegfieseseate, which charged the prisoner with having
levied user twinkler Majesty. The learned counsel having
reed that parties of the statute of Edward the Third, by
which it is soested " that if a man levies war against the Lord
ear May in his realm, and thereof be moveably attain ted of
egos and by pelvis of his own condition," and commented
ea it, peso led to apply the kw on each count of the indict-
ment. The first count consisted of a general charge of levy
kg war, and four distinct overt acts were set oat in
of that charge, vis., the mucking of an
mend multitude of above 600 pawns through the country
liear:ierrtieuhr day in Julhest; the visit to the police
at Mullinahou; the erection of a barricade at
Hillenaule ; and the attack upon the police at Farrinrory.
The jury should take each set by itself and say upon their
evils whet st the prisoner had actually levied war. Their
mike Mid be pronounced upon each act. He denied that
halal kited war. They should form their verdict upon each
east, mul *km *ay weld put their hand upon ono or more
of the sea sad my upon their oaths with the tre-
mendous sekir eta heather's life at sties, that it was
=ay ef lII* they Wad Elle eureka the prisoner. They
limse kre qMons te try—lint, how far the prunerllll.llllllll4 with*" acts chargelastresson ; secondly, how
Ike sea alb am up to the Wyk* of war. If they could
nel wig that the sot ameuesi to • levying of war, they
Mold emit the primer. The levying of war was an at-
tempt ustevert the Noveniaat, arid they should say
whether to the primer dld maliciously and traitorously intend
to levy war VOA the Queen so as to subvert the law and
the madee< The levying of war mug have been ask-
, ally mid kiledhsl. If • -msa formed a design of iseas-
skating*, Wm, mail left his house to do it, but repeated
em the way end alemkoed the design, ha was as guilty as if
be had actually wunwilieff the deed ; but the present case
wee sot of that nature. Mo intention—no conspiracy—no
tion of war wield do • chore should be an actual
= of war positively daubed into effect, to subvert the
seekkatka. DAME,* was, that every act charged sad
his
male than PstowlicilprotLtr=ele with
ist=Mr. O'Brienßrian irreg. They was not to Inquire whether at 1
a future the prime Intended to levy war, but who- I
thee ha • asleep levy war at the very time stated in
the indictment. They might believe that traitorous designs
were intended by some of the party who were concerned in
the transactions charged, and who wished to escape arrest in
order to carry out those designs et afa Are time. That wu
not the question. The question was, if the insurrection
were directed to the attainment of a generzd object of
• treasonable character. He (Mr. Batt) contended that
they could not here construe what the prisoner did at
Mullinahone by his speech at Liverpool. All the evidence
adduced agat his client was perfectly ukelele, unless it
fixed the character of the offence kid in the indictment ;
and the speeches at Liverpool and the letter of Mr. O'Brien
which had been read, were not only utterly valueless, but
al ether calculated to mislead the jury, unless it was shown
to them that they rstima to and bore upon the counts, crony
we of the vocals, contained in the indictment. And he
*mimed he saw its other way for them to do their duty
to their emery sad their fellow creature in the dock,
than akini the eels given in evidence by themselves, sou to
judge of BM sepentely, and say If those sets sta. d alone
in the ladistimmt, and that the prisoner did those acts,
he wee guilty of the Moos elm of high treason. Now lee
wouldomma to the Netraed he begged pardon of the judges,
he begged pardon of the jury if, before he come to comment
on those acts, he reminded them that of those acts they
and they alone (the jury) were the Judges, and be did so in
order that they might give him their undivided attention
whilst he commuted on the facts before them. He did not
DUBLIN, OCT. U. know the opiaions of the learned judges who on this °cue
The tone of the English journals respecting the sem premised ask those matters of fact ; but if ou the merle-
ultimate fate of Mr. SmithO'Brien has given great sign a thil cam OM, matte hi" oede uP their egad@
Dot to convict his client or the heinous offence charged
confidence to those amongst us who lean to the side of against him, and Hefter the charge of the learned judge who
mercy. Even those who before the trial eastern- Is to address them they come to a contrary opinion—if the)
plated the extremity of punishment, do not hesitate thus attempt to cringe or escape from the awful respon-
now to declare themselves in favour of humane deal- sibility of their oaths—if by
Wenwaig until they gather
Th, from the charge the opinion of judge they betr.y the
ing with the convicted insurgent leader. responsibility and the trust which the constitution repasts in
publication of his letter to-day, praying that no an- them; they will violate their
sacred oaths as jurors and be un
noyance should be given either to the jurors or the worthy of the great duty they have sworn to perform. He now
witnesses, manifests such considerate goodness of came to the evidence that bad been adduced on this trial—

evidence on which they (the jury), and they aloes, were to
make up their minds; and before he went to particular
facts, ha thought it right to allude to the general evidence
offered in this cm:, and which might unfairly and improperly
influence their mind'. Suppose they were to believe that
his diked made a traversable spores in Liverpool, that was
not the geestion they had t try. By no means. They mast
take the indictment in their hands ; outside that indictment
they were not to go. The erudition for them, then. was
this—not, did his eivat make a treasonable speech at Liver-
pool, bet did his client levy war against the Queen in Neill-
nations ? Suppose they heard matters relative to this ease I
elsewhere, that had nought to do with the question; but they
should have their mince clear on the point that the counts
in the indictment were sufficiently proved. What, he asked
them, had the speech in Liverpool of the 6th of June to do
with explaining the transactions in the county Tippe-
rary in July ? He contended that it hod nothing to do
whatever with the subject, and they should therefore con-
clude that the counts in the indictment were fully borne
out by the evidence before they brought in a verdict of
guilty against his cleat. The acts should be unequivo
cal. They could not aumise, but feel convinced that
there bad been an actual levying of war. The prisoner
denied that he was a chartist, and relied upon the fact that
the meeting at which he spoke was a repeal and not a char.
tilt meeting. The observations which he made bad refe-
rence to tenant -right in Ulster, and his words were, " If the
repeal of the union were carried, an Irish parliament would
secure to the tenant the tenure of his land, and every man
would have a pi, es of ground which he could call his own.
end that cause was worth struggling or fighting for."
The learned counsel then referred to the circumstance of the
words being omitted in the examinations of the second witnev,
who deioitil to the words of the prisoner before the grand
jury. He (Mr. Bu.t) had attempted to get a list of the wit-
nesses to be examined on this trial, a privilege to wl.ich the
prisoner would have been entitlea if tried in England. It
had been refused; in consequence, he bad not been able to pro.
duce the reporters who heard the exact words whin th
prisoner used, and who would have refuted the testi.
moot' of the pcuicernan. Then as to the discos,, ry of
the uniform in the box, the jury, uo doubt, imagined that it
was some French marsh ,l's regimentals, but it would be
proved that it was nothing more nor less than the deers
worn by the 'B2 Club. He would produce respectable fril-
emcee, who would depose that they had been in the habit
of wearing the drew, and would continue to wear it even
though the might thus expose themselves to the imputa-
tion of be guilty of high treason. The learned counsel
next adverted to the circumstance that thouch the govern-
ment were watchful, and had übiquitous spies, they ha.'
not discovered a treasonable document in the hands of
the prisouer, nor any corm:ion with Confederation Hull.
The facts connected with his client's 'irk to Dublin were
simply these. His object in coming was business clone;
but upon his arrival, be found that the Habeas Cerpus Act
had been suspended, and fearing that he would be arrested
in Dublin and prevented from returning to Liverpool, he
quitted the city, and went to the town of Kilkenny, with a
view to consider there how he could best d best make his escape
.

. the country, and thus avoid the unpleasant cocee
queuees of being arrested under the Habeas Corpus Sus-
punka Act, and detained in prison till March next—a cm-
sequence that would be fatal to the business he carried on in
Liverpool. This was en inference which he conceived might
be fairly drawn from the fact that his name was inserted in
the proclamation osntained in the Gaut e, on the 28th July.
It was his intention to rest his client's Cabe on this—that his
sole object throughout the entire of these transactions, was
to assist in sheltering Mr. O'Brien and himself from arrest ;
and be should shortly show the jury why he said so. In
the first place let him ask what on' rated these move-
ments ? Beyond all question, he would insist, the suspen-
sion of the Habeas Corpus Act, and the warrant for Mr.
O'Brien's arrest ; for if the news had arrived in Dublin that
the bill for the suspension of that act had been thrown our,
was there any one in tlat court who would tell him that
these man tunate occurrences would have taken place at that
time ? No. And if not, how could the jury believe that
any insurrectionary pumase had existed in the minds of any
of those men who stood accused of high treason? Where,
let him siso ask, was the evidence of the existence (limy ps
coral j lan of en insurrection ? What evidences was there of
any preliminary preparation for such a purpose ? Where
was the evidence of any attack made on any large provincial
town, or of anything whatever that was calculated to fasten
upon these movements the character of a general treason )
In the can of Emmett such a plan did exist, and
therefore, in his case, the treasonable purpose was pretty
manifest. His plan was to make an attack upon
the Castle of Dublin—that was a very inteliigible
thing; and amongst his papers there was alm
found a document which contained a list of the names of a
provismnal government. But it was not intelligible that
any set of rational men could embark in a movement whose
object was to subvert the government, and not leave the
slightest twee of a plan for the new government that we
to supersede the government they were accused of attack-
ing. It was certain that a large number of persons did
aseemble at Mullinahone-6,000 at least—and was not this
a force sufficient to induce a rebel leader to pleas himself
at their heed, and raise the standard of revolt? But in-
stead of doing this, the men were disbanded. Was not
this the act of a men who wished to preserve himself from
erred, and rot of a man who desired to date an inn,- I
res.tion? What better auspice* could any man oommence
• rebellion under than the possession of 8,000 men? The
Prinoe of Orange, who did subvert a government, landed
in the year 1888 in England, and had only 600 men to
meet him. Yet, what was done? The army was dis-
banded. It might be asked how could Mr. O'Brien have
I expected to have escaped arrest. It was possible that he in-
tended to revolt when he could ; but this was not treason.
A man might be disaffected, and might coatemplate at a
future period to raise the country, but an intention and de-
alga to be carried out at a distant time, though a high gds.
demeanor, and involving the life of a person concerned in
it, if any one were killed in consequence, was not the
awful crime of high treason. If this argument were strong
in the case of Mr. O'Brien, it was far more so in that of Mr.
M.Manue. There was no plan proved, no design, no general
object. The prisoner came over from Liverpool with a few
pounds in his pocket, the uniform of the 'B2 club, a pair of
pistols, and a pair of kid gloves. Some one had said that re-
volutions could not be achieved in kid gloves, and be would
ask was it high treason to carry a brace of pistols ? The
mere reconnoitering of a body of men to prove and test theit
strength was not treasonable. There should have been an
actual levying of war. It should not be • surmise, a con- I
jecture, or a supposition, but an act, a deed, • positive
proceeding, not to avoid arrest, but to levy war to subvert
the constitution. Was it not possible that what had happened
at Killenaule and Ballingarry was consistent with the anent*
of an intent to subvert the law ? The rights of property
might be determined by probability ; but no such tremendous
responsibility wee east upon a jury in a criminal case. The
law did not require them to weigh in the scales ot nicely-
bonneted evidence the life of their fe:low-man. If it did, no
Christian man who felt the awful responsibility of sitting in
judgment upon a brother's blood would ever take his place
in a jury b but law, basing itself upon the sanctions and
precepts of religion, end reminding them of those precepts,
when it swore them upon the gospels of mercy, told them
that union beyond all doubt there wee a clear demonstra-
Wm that the prisoner was puil'y, they should acquit him,
unless the facts were inconsistent with any reasonable pre
snmption of the Inman* of the prisoner. The
only safe course for a jury to pursue would be to throw
away altogether any evidence upon which they could
not rely. The charge should be proved to demonstra-
tion, and the jury urald not depend upon uncertain evi-
dence. The keened IM MO, in reference to the erection of
the budged= at Hilluanle' sail that it was plahly done
fie prevent the mat of Kr. O'Brien ; had it been otherwhe,
the dastramtsm of • troop of dragoons would have been ea
eueellent easurieneement to a rebellion. There was no
doubt that the troop of forty-five humus were within the
power of the people ; and had their object been • levying of I
war, was it not natural to suppose that • covert flee would
have been got up against the troops, trenches ling, ropes
drawn along the road, and other demonstrations Ka mili-
tary
chuseter ? Wh t better prelude to an innuendos UAL
the messiere of her Majesty's troops—but the *Admen mot
to show that the prisoner cheered the troops through the
town of Killenaule. Whatever was the design, the prisoner
did not entertain any general project of revolt, but was a
peacemaker, and a person anxious to prevent violence. The
ied counsel next referred to the attack on the police at
Farrinrory. That attack, he concluded, was quite unpre-
meditated, as was shown by the evidence of Lamphier, who
deposed that Mr. O'Brien, hearing that the police were
coming to arrest him, asked him for the loan of materials
to erect a. barricade to obstruct their progress. Now he
(Mr. Butt) considered that this fact above all was ample
proof that Mr. O'Brien and his friends were prepared to
act on the defensive, and upon the defensive only, upon
that oecaiioa. But what took plan next? Crowds
assembled upon the Ballingarry road, and the police
instead of coming into the town, turned off in another di-
rection. Excitement began to prevail amongst the people,
and Mr.O'Bricn and Mr. ll'hiunes ran across the fields with
a newt* intercept the crowd who were sunning to meet the
police. Now with what object did Mr. O'Brien and the ,
prisoner do this ? He would tell them. They well knew,
the feelings that unfortunately existed in the minds of the
people against the police, and they apprehended that if they
came into conflict, unless they were present, a massacre of
the constabulary would, is all probability, ensue. There-
fore it was that they ran after the people ; and it was for
the same reason—tire., so prevent the slaughter of
the police, that Mr. O'Brien subsequently exiled to the
police to surrender thoir arms, and Mr. Wallace
undertook to shelter the policeman Cured from insult and in-
jury. If this were the true construction to be put upon Wm
affair of Farrinrory, it could nut be deemed a levying of
war against the Queen. The learned counsel then referred
to the Bristol and Gordon riots, with • view to show that,
although a general pupae* might have existed in the minds
of the people in respect to the attack at Farrinrory, yet, it
that attack happened unpremeditatedly, it did not amount '
to the crime of treason, and ought not to he prosecuted es
such, but as I. mere riot only. Referring to the letter written
by Mr. O'Brien to the directors of the Mining Company,
he confessed that it did appear difficult to him to reconcile
it with any but one supposition—namely, that Mr. O'Brien,
hunted as he was from society by an arbitrary law, and
driven as an outlaw upon the bills, not of his own
choice, but because he preferred
in a dungeon without a trial, and finding that some
persons whom he had expected to support him had not
done so, wrote that letter in a fit of indignant desperation
whin deprived him for the moment of hie better jefig.
ment. D d his client know of it l—who could tell that he
did not remonstrate against It ?—or that he ever heard
of it? The whole value of it wee, that Mr. O'Brien in his
own mind contemplated • revolution. It might or might
not show what was posting in Mr. O'Brien's wand; bat
could it in any manner show what was pining in the mind
a his client? That was the question the jury would have
to try, end they must be satisfied not only that Mr. O'Brien
was contemplating a revolution, but that Mr. Mldanus also
did to—and further, that he designed to carry it out by the