The Express.
London, England, 1848-10-07 00:00:00

service of the Qum, Mr. O'earcen was charged with the time of his smut, and which he (Mr. Whiteside) sea
high trauma This occurred upon the' 28th of July. The called upon by the er.orn to explain. That, however he
easy troupe de that ease as twelve Eoglishmen would de- positively declined to do, and would leave it to the Solicitor-
cide it; and there was not one of that nisanantineus nstioa General to 8x any guilt he could discover in connexion with
that would hesitate one moment in aoquittwg the primmer. it upon his client, if he was able to do so.
If the prisoner had been guilty of illegal acts in the arab There was, however, a document of somewhat greater
Boss, why had not the Attorney-General caused kb arrest ? importance, which he did not deny, via the
He should then have averted the dignity of the lew. The liter written by Mr. O'Brien to the directors of
prisoner might have been indicted for • reek misdemeanor, he Mining Company, dated the 29th of July, 1848, and
and the dignity of the law would have been Undimmed ; but which the Attorney-General asserted to have beef written
hie argument was that the acts done aid not amount to high previous to an intended battle. Mr. Whiteside then read
trams. Nobody was hurt—nobody was injured—and that the letter and commented on it, to prove that Mr. O'Brien's
was what the Attorney-General, upon a solemn trial for life sole object in writing it was to p t the colliers, who had
or death, said was a proof of a revolutionary intention ! protected him from arrest, from being thrown out of employ-
Defend us from mastraetive treason ! One thought never mint on his acesiant. When Mr. Whiteside referred to the
emend the bleat of Mr. O'Brien against the dignity of the pa sage in the letter which threatened that if the company
Queen. In what speech did he refer to her name ?—where did not comply with the writer's suggestions, their property
had he spoken with dierespert of a lady and a Queen whom would be forfeited, in the event of the Irish revolution euc-
it was the object of every chivalrous' ware to respect, ad- reeding, he admitted that it was a highly improper pro.
mire, venerate, honour, and love 1 Mr. Whiteside having ceedieg to make • threat of this nature ; banal it amounted
commented upon some evidence of a leas material character, to no more than a threat. The learned gentleman then drew
to refer to the transactions which tok plea at the attention of the jury to the haste in which Mr. Meagher's
gircendwgaly, and contended that the language used by Mr. letter was written. It was not high treason to go to New
O'Brien, as sworn to by Lemphier and Callen, previous to York, and the words " etcetera, etcetera," dad not bi-
tes affair at Boulegh Common, clearly showed that hie sole oh- voice any intention to commit an act of high treason. Then
1 jest was to prevent hissed( fed& being arrested. It wassworn as to the letter of Mr. Duffy, in the first place, the per-
that some of the people told Mr. O'Brien that they had no- son who smote it was in the custody of the crow i ; he
thing but atones to use in the fight, and that he replied that bad a newspaper which was seised, and the papers found
stones were very useful where better arms could not be had. there taken away, but they did not find a single line from
Now, in the name of common sense, did any one ever hear Mr. O'Brien. It was all important to know the date of that
of a number of men going to wage war against one of the document—it was, no doubt, dated Saturday, but that might
most powerful monarchs in the world annul with stones ? have been a Saturday two or three years ago. How did the
No doubt his client told them it would be better for them to jury know the year in which it was written ? He bad just
have other arms : but even if he did say so, that was not high been informed that through the kindness of the Attorney-
tremon ; but for what porpoise did he use that language ? To General an account of the papers found in the penmen/au
creme rebellion. No, but "to meted him," to use his own was to be given, among which were papers dated in 1843.
oftrepeated weeds. He (Mr. Whiteside) thought it was There was so much of duplicity—so much of treachery
utterly impossible for human reason to reconcile abroad—though he did not accuse any one—that if the
the conduct of the people and that of his client document were received iu evidence it should be shown it
lie this part of the transaction, with any other by- existed before his arrest. The learned gentleman next
pothesie than that he had just laid down. Callen proceeded to comment on the address presented to Mr.
stated that Mr. O'Brien havi,rt mounted an old ditch, O'Brien rat Enniscorthy, and the letter of Mr. Meagher
addressed the people and said— Can you supply me with found in the portmanteau, end proceeded to observe on the
a sufficient torte to keep ow from 208 man 7" Was that, he evidence of Dobbyn. lie appeared (he mid) in the character
would ask the jury, the force that would be employed by of • spy—he was en informer, but there was a tole of law,
the government of the Queen of England if they wished to that a witness who came forward in that way should be
quell an insurrection ? No, but it was exactly such • force confirmed by other witnesses. No jary could believe the
as would be sent for the arrest of a single man. This was statement of a spy unless he was se corroborated. Then
the common nose view which any rational man would take came his testimony regarding the Red Hand Club ; but,
of Oa language used by Mr. O'Brien, and it applied to although the government had detectives sued policemen
the cue he bad endeavoured to establish all through his watching the Boor where its meetings were held, not a
speech. Mr. O'Brien did not say " Come out with me Into word of corroboration was given. The Soliciter-General
the field, and let in assail the Queen and destroy the cm- would tell them that the great corroboration of Dobbyn
pin." No, but this only, " Have you a force sufficient to consisted in the balloting pa re—the handwriting of
protect me from any attempt that may be made to arrest me these documents was not proved. Dobbyn swore tr.at no
by 200 men ?" Mr. Whiteside them contended the, the bar- clergyman was to be balloted for. If there were a sinning,
ricade erected on the Ilallingarry road was like that erected it was an innocent one—no guilt was upon the face of any
at Killenaale for the purpose of obstructing any attempt of one of the balloting papers; but suppose there were, aid
the officers of justice to arrest Mr. O'Brien. To establish the the government expect the jury whom he saw before him
ease for the crown, the Attorney-General bad given evidence to c. °net the protestant agitator in the dock while the
that Mr. O'Brien had gone into the yard 'niched to the Roman catholic priest walked abroad in all the freshness
mining concerns, for the purpose of obtaining carts, &c., to of health and freedom, administering ghostly console.
rain' a barricade. Now to this evidence he would reply by Con to his flock? Was the prisoner to be visited with
pointing to another part of the evidence given by the same the terrible responsibility of the offence with which he
witeess which gas to the effect that no attempt whatever was ch.rged, while the priest for whom eight voted to place
was made by Mr. O'Brien or his follower to make use of him on the war council walked free ? and if he (Mr. White-
the gunpowder which they (the colliery) knew was kept in ride) vindicated the Attorney-General, he also vindicated
the concerns of the company. Now it was ranee)). nicer L,rd Clarendon's government and the British ministry when
that if Mr. O'Brien had intended to make war upon the he said that this could not be so. Father Kenyon was an
Queen, this barrel of gunpowder would have been the very innocent man ; but if he were guilty, the crown were prose-
-1 wog for his purpose, and would have been taken by him to eating a man who was not so, and were not prosecuting
essiat in the accomplishment of his purpose. But if, on the another who was elected, or nearly elected, • member of the
other heed, the object of Mr. O'Brien wee, as he allege I it war council. If they were to expect impartial justice in that
tre be, to escape arrest, was it not more natural for him to country they shoutd take their stand upon the entire
esk (or the cons in order to erect a barricade, and to people of the realm. Let them have no partial one-sided
leave the gunpowder, which he did not require, use administration. Let the protestant be convicted if he were
touched ? He woull confalently leave it to the guilty ; but mina they were prepared for the basest de-In-
jury to decide whether the hypothesis he bad just teem that ever disgraced freemen. let them resolve upon an
advanced, or that of the Attorney-General, was the inflexible and impartial law fur all men alike. He (Father
most consistent with the facts proved in evidence. What Kenyon) was ballot!, d for as a member of the war council,
would be the ordinary conduct of • man resolved arias and he was innocent. He would appeal to the jury, and the
lase nejea to do it ? Let the jury imagine the case of • man frts and magus unites nation under whom they lived to Bee
who intended to commit a robbery at • railway office—who that justice be dons—he asked for nothing more ;he appealed
went up to the clerk, and said, " I want the money of the to their honest natures, was one man to be struck down and
railway company," and when the other raid "it belonged to another spared—was his Client to be stricken down and
that company," the person went away. Was that robbery ? nerificed and the other spared ? He acquited the law 'acne
Mr. O'Brien asked for a pony which would ride down toe of the crown—he acquitted the government and the pro-
cavalry of Great Britain—Danghter)—a pally just then, it secuters of his client, tor they did not know and believe that
appeared, going to water—(laughter)—and then the witness Father Kenyon was the member of an illegal, guilty, and
said "No, I can't give you either the pony or let you have treasonable conspiracy egainst the Queen, and therefore he
the key of the barrack, because I'd get into troubla with my was not prosecuted, being an innocent man ; and was the
employer," and then Mr. O'Brien walked away. Was that a man for whom even the informer sold no one had voted lobe
proof of • treasonable purpose, or of levying war against her made responsible ? It was for the jury to ray whether the
Majesty ? Oh ! but said the Attorney-General, he wanted charp against the prisoner had been established. The charge
the barrack for military purposes ; but if he act, why did wee high treason, and he Lad ',hewn them that an endeavour
he not take it ? He could do so if he wished, for the to name arrest did not amount to high treason. He had
witness deposed he had a crowd with him, and that briefly to submit, in conclusion, that however they might
no one was in the concerns but himself and a few men. condemn certain acts of his client—however equivocal they
And now be would all the attention of the jury to the evi- might think certain observations made by him in a letter
deter of Mr. Trent, and the five policemen, who depmed were—yet, if they were satisfied that his guilt fell far short
to the transectian at the Widow Cormick's house. Mr. of the tremendous crime of treason, they were bound by
' frant stated he got orders to proceed to Ballingarry on the the solemn duty they had undertsken, irrespective of every
morning of that day, to set in concert with Mr. Cox, coming consequence, to acquit the prisoner. Well he knew the
fa another direction, who was desirous of receiving the re- weighty difficulties he had to encounter, and how incompe-
wad of MP& ; for he mid to Mr. Trent, " Oh! you let tent were his feeble attempts to grapple with and cver-
10111.Wp out of your hands" (A laugh.) The jury must master the case against his client. Well he knew the
renumber that the only body of men under the control of prejudices that prevailed. Well he knew that calumny
Mr. O'Brien were the colliers who ran after him ; he had had done its work. Well he knew that it had been said by
wain whatever to my to the people, who lived at a db. men that the impracticable politician must perish at
taut pert of the amity ;be did not send for them—he had last. Had be been ahe pocrite—had he been a selfish trader
a° authority °lle than—there was no proof of • combine- in politic—had he sod what he did not relieve—had he
ties err sonopiray in the entire transactions. The whole unsaid to-morrow what he had said to-dov. he might have
math* powenfra_pla of the present case e ntirely defended enjoyed prosperity alter he had traded with twat upon the
Mown cm the (Maass of Mr. Trant. That inspector, he miseries of his country. Wrong he may have been in
was told, wrote a despatch detailing the transaction, which his opinions, but he had ache: ed steadily and =-
would outdo Garwood's Despatches of the Duke of We!- aistently to them ,• and he suffered for being consistent
lington, commencing with the poetic words— to those principles which be honeetly believed to be
Whoever takes Use lorernost roman's Ilk true. He had been hunted—he bad been reviled—
Himself shall wow= In the Artie. he had been slandered, he had been caricatured in his native
(Gnat laughter.) That showed the mood he was in (a country ;he bad been ealled a traitor, covered with oble-
,
); but he (gr. Whiteside) firmly believed that if he qh and calumny. Where had he to look for justice ?
not
gone into the stone house of the widow M'Cormith, Where might he expect to find a temperate consideration of
ftke did not run up the hill for protection, there would have his whole political life ; but there the law had placed his
hew ao stake on that occasion. It was only that morning safety, in the honour, discernment, and humanity of a jury
Mr. O'Brien and the people who were with him heard of the of hi countrymen, a rampart of defence to stand between
palantatios Ike his arrest, and his protection from the the crown and tile primmer. If, said Mr. Whiteside,
sebum of the_pelke was their powerful object. He bad the crime exi sing, which must exist in the intention, is net
great doubts who fired the firs: shot; for, they must runs en- enfileiently estabhaned, judges must be unbending, but jurors
bee that an unarmed man came forward be firing took may yield to the frailties of human nature. Jurors may
pleas sal acelsissed, "For God's sake let there be peace— wirow the broad shield of their protection around the
IR there be w firiag." Did that look like a determined accused, whose intention they can believe to have been
maidering purpose of attacking the police ? Mr. innocent, assurable though his conduct may have been.
be ft remembered, did not swear as to the words Such is the high office assigned to you by the
7= away, and &settee them all" being used, but he constitution, whose foundations were laid in the deepest
said there wee a crash, and then the firing commenced. He wisdom, which through a succession of ages has been cemented
esethimeth of nothing else bat the crash, and whenever he by the patriot's blood and consecrated in the martyr's firs.
(Mr. Whiteside) asked him anyhing,his reply was, " crash, It is for you to say whether is guilt is establised conclusively
enedi, ccash." (A laugh.) . continued for ow or not. The law of your country, wise, just, and
Mss. Two hundred and thirty rounds of ball cartridge merciful, her declared that, if there be a doubt, that doubt
We fired by the police, and yet, after all that, there were no must be given in favour of the prisoner—in favour of him
intim of the Wets fired by the people, and it required, u whose life is sought to be affected ; and, therefore, yield-
be was a mitrosoopic view of the house to die tag to those benign principle' and those generous impulses of
ISM the Way done to it, for be it remembered the panes your hearts, it is for you to stand between the prisoner and
deka me Imiime by the pollee in the act of firing. The his grave. Review his life. A loves of his country he ho-
llowed MEW Sell referred to the evidence of fiebiason bared from his mother's breast. It was strengthened by his
and the other two policemen. One of these 'were that Mr. father's example, perhaps to • dangerous excess. His
O'Brien was near the window, with one foot upon the sill, father recounted to him how on the lot memorable night
when it was stated he made use of the words " Slash away of our national independence he had heard the burning
bop, slaughter them all." The other witness said that Mr. words of Grattan, of Plunket, and of Bushe ; how he bad
O'Br had mute away, and the third said that when he been persuaded by the gravity. of their arguments, trau-
mas use of the words, his ( witness's) bayonet was within pated by their eloquence, and inflamed by their patriots
six lathes of his (Mr. O'Brien's) breast. Not one men was ardour. Those lessons taught to his parent he has never
wounded though this order was stated to have been given— forgettea ; and believing that the union was carried by core
OA a ballet was foetal—not • remnant of the battle ap- region, he struggled for its repeal and to restore to Ire-
but the description that was given of the transaction land itaupahtiailientaryd existence. In, thatt her been Leah,:
the j e f see the benefit
y, who Iwupon the seaffoldfea—aterrnible delusion,
' bammentt 'fornbelienving that
or Inten polio
and
lac
frond= ntrew deposition
did not hear Mr. O'Brien use the words, and aloe from the Irishmen hart the capacity and intellect to rule the affairs of
absence of Rafferty, who was also at the window, and though their native country ? Would to God that Mr. Smith
as a matter of curse examined by the crown, had not O'Brien were my only client. The happinnes of an honourable
been produced by the law 01110011. None Lad suffered except and ancient family is at stake this day. The church, the bar,
unfortunate men who Were within range of the police guns. the senate, furnish members nearly end dearly related to
He called upon the jury to disbelieve the testimony of Moran, the prisoner. They mae differ from him in politic', but
who was naturally a coward and mousin, for he swore they are here to give him consolation on this melancholy
that be would have shot the defenceless women who were day. Should you send him to the scaffold they must straggle
there, probably for the purpose of mating and leading on hereafter with broken hearts through a cheerless exist-
away hose the place of amnia their husbands, sons. or env, labouring in sorrow (or him they loved. A venerable
brothers. He implored of them to reflect on the eetimany lady, whose life has been spent amidst an affeetionateete-
of a man who sail ha would have imbrued hie hands in the wintry, who has lavished her fortune and dispensed blessings
blood, not of a man, but a par defenceless woman, rush and charities around her, awaits with trembling heart your
iag forward to rescue her relative. The learned counsel verdict. If your verdict consign her beloved scia to the
then referred to the evidence of Mr. Cm. He boded the grave, that heart will quickly beat no more. Six innocent
manner in which he gave his evidence' but dwelt upon the children await to be informed whether they are to be stripped
circumstance that he had not mentioned to the Inspector- of the inheritance which has descended in their family for
General anything about the um of the words "slash away," ages, and driven beggars and fatherless upon the world
He next referred to the evidence of other witnesses, through the rigorous enactments of a cruel law—whether
for the purpose of showing that the object from first to last they are to be restored to peace and joy, or plunge I into the
was to preserve Mr. O'Brien from arrest. Could they be uttermost depths of black despair. There is another who
Heys that the man who said "Slash away," would have still clings to hope—that hope may it be blessed in you ! Her
told the policeman whom he met on the road that it would been!' blood she would glaily give to wive the object of her
be an unmanly this"; to mutat an unarmed man. The youtheul affections. Yon will not send her, mean et the
revolution terminate by the ringleader descending from command of conscience, to an untimely grave. Yet even in
his horse, surrendering it to the man from whom he took this case of blood Ido not ask for pity in a wailing spirit ; I
it, and coffering him to go about his business. The last ask it in the spirit of a free constitution, in neverdance with
words of Mr. O'Brien were that he wanted no bloodshed. the rooted principles of our common law. Those i ?incept.'
Were these the acts and words of a man who desired ought to shine out in glorious perfection in this
an gecetatincause
a revolution? It was impossible to conceive that between the prisoner and the crown ; and a to
the
ootazaartionk
opflaihteed
baanyethingo
Theo:.
wthue ki,i,:ttd.eneWeehrearepe wee:inwv,i.btumtacy;
any one of the entire body of the polio.. How unlike the client, neither will I nor will he censure, thee!.
,coavritawn.
case of John Frost! Here the officer only integines, dreams, I trust he will meet his fate with the [‘i h i
netriniumenneph witho
thetnlealnwis. SIT however,ntrnmp nynovuerghthelel convict
and thinks he was hart or wounded; but neither hurt nor and the firemen of a man. The tee of his lips ill
h last
annenlnland'' w
and coa.
wound hashers found on his person. They did not examine breathe a prayer for Ireland's
the Widow M'Cormick. Why not? They did not examine
tooled if through his sufferings and ces sacn
any of the women who were there. Why not? He had the he will he aw
word, however, of his client to say that he sever need any flees some system of government shalt
and
such as
el aver
e
witutional freedom ; end in thsataneppomineneut of
his . rail agony.
one of the expressions sworn against him on that occasion. has never yet existed—wise, intr.eirtial, nuleompreh nr. ,
As to "slash away—elaughtu them all," he referred to the and above all, which may
he cow he has loved, not' wisely, per-
testimony of Mahony, the policeman, the ant of the eonsta- and fireiallba a ....710
re . n in
that
„al
whamwith
eanauct to w th, preepenty,
t with alefreg ,onesee to eget-
bulary called, who was touched by Mr. O'Brien's hand, yet
Mahony did not swear one word as to the expressions stated cobs
.s her compact
..
mire . 0 people,_lW .na
you ,-
to have been used by Mr. O'Brien. Mabony said that a des ID" n
ju
gmernj inmer:7 T'f,le.uhoti.tra
haa, buttoo well. V
stone cams into the window. It was imposaible that Trent master nilnrenmootrhac ess, mai,
1 "%ads a7pi•roach so needy
swam what was correct when he said he saw a great number in mercy.. I
of fire-arta. It was impossible ! Mahony, toedpoe t,
justice here below. Divineestiee will be tempered with
the attributes of toingthenne Almighaty et in the adrainbtration
contradicted all the witnesses. A juror ask wre there lof
r.. .... _.
awful issues or ilia
bands. D •ustic i.
in your o j e n
iso make of balls or bullets whatever. MakY °we" that the and aetta ire now
ore that it was The last faint murmurs on your quivering lips will toe for
Grime was one quarter of an hour ; Moran swore any marks of balls. The reply of /Whoa, was that there were meal, et dismal wa. be our tee wan
he saw one ab. tter and a brighter world. (Seweation end applause.)
the firing end what he saw, the reply wee that
attempt to sire ! Moran said I/ ha could have The learned counsel appeared quite exhausted
as he re-
in=
three-qauten of an hour; and when asked what sot was mercy ere the immortal spirit shall take its frght to, I trust,
waste him he wattled that his bayonet was within Os inches elusion, and on the faces of. many long aecustomed to the
he did not fire most trying scenes that eel —.mutat oeurts present the same eye-
shot Mr. O'Brien he would ; but when asked bow MSS he mad his seat. The prisoner shed tears towards the Con.
of Mr. O'Brion; and whoa pressed as to why
stooped -atm. Tee following evidence was then sciatic:a for the defence
dances of deep emotion were visible.
he said, " I did not hear him ;"—Mld there he (Moran)
Their lordships here retired, and when the court resumed of the prisoner:— _----._
its stuitig • • isalted Rota" Irish
Wm. Hamill : I knew an asscpmagen
Yr. Whiteside proceeded with his address. He took a Confederation." I was its first seereatry, and am sequainted
review of the various documents given In evidence upset the with its rules. WU present at th ' meeting iswhion
r art of the crown. The first of these papers 'Demisted of a its rules wei• agreed um. It vie lletlildlA.l7 UtiOg•
pencil tracing of amap found upon Mr. O'Brien's person at Mr. O'Brien was present at it. [ ,nt headed to wit-
:— •

1t '