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

minifsated parries of stresitthiming a use which without
thus was filthy the °TOWS it's:tante be el tosethec complete
It was deposed that in the coars► of the conversation which
took plea between Mr. O'Brien end the police in the W-
rack teem at Mambos', the brassy observed to the latter,
e. Fellow me to Callm and I will plan you under pay," add-
ink.. I am about to attack a bens* Where there are 600
police ." New he (Mr. Whiteside) did not Plan the slightest
credit upon tholes, of these expreasims, and * would give
evidences of the most complete chants* to "tinned* it
What polies barrack in the while country contained so many
ea
SOO see? Not a single one ; and this ezpramies the
who gave the evidence must have lmown per-
ts,74. to *y
umbv ou; been
wale cre fiction.
tiacklat
Irelant.lid not exceed forty fifty any
police
and it
rational to suppose that this bravador cauldan have taken
place, 112411111th as it was not is the slightest degree eel-
sainted to nests a successful impremion uppoon the persons
to whom it wee supposed to have been addressed in °m-
emos* of its intrinsic absurdity. Mr. O'Brien then said
he should give them an hour to coesider—and if within that
hour they did net agree to give their arm up, he would be
back and take them. The fiat
pinquiry then, for the jury
was, did the polies remain there or did they go away ?
But as the jaeurgould, no doubt:recollect, they remained
for hours up their famines, and the conquering
ornolatianiat—the man who wee to seize the kingdom—to-
re to caul beak and seize the muskets. But the police
did mare ; they starched 15 mile' to Cache), bat were not
molested in the slightest degree—and that was the levy-
ing war against her Majesty ! It was a clear convincing
proof, said the Attorasy-fit moral, of his being guilty
el high treas., because be levied war menu the Son-
Wilt of theme reel*. When Mr. O'Brien went to the
paleobervask ths men were unarmed, and the reticents
enemited doeudind the two mesons who accompanied him
se heleitamint—ens bearing • double barrelled gun, and
the elhee a towline-puce, while the prisoner himself had
Saes plesis—one in his hand, and the other two in his
haat. Bat they did not molest the poln ; they remained
Ztwo miantes, and leel that war levying war against
hltjesty ! that wee a mending which put Queen Vie-
td"T crown in imminent jeopardy ! (A laugh) He (Mr.
Whitetide) would ask the jury could they generally Wine
that that circumstance was a proof of the comminion of an
ma act of high treason ? It war, they should bear in
mid, one of the most important features in the case up
ls *Ukraine ; thin was nothing done before it but mere
tslk ; and would they believe that that most extraordinary
unaccountable visit of two minutes to a police office at
Mullinahone was a clear overt act of levying war against
the sovereign of the realm ? They must recollect that
msrehing in arms was nothing, except it was meant to
commit an eat of treason, for if it were so all the orengemen
of the north would be brought up for trial at the next
assizes. One of the jurors asked the witness who deposed to
this visit a ciliation about the pike one of them carried,
when de trailed it, and placed the sharp point of it on the
ground, and that was one of the proofs given of an inten-
tion to levy war. That war not the way they levied war in
Frame, to which his learned friend alluded with so much
horror—that was not the way they acted when they wanted
to revolutionise and overturn a throne—they did not turn
the points of their pikes to the ground. (A laugh.) He
(Mr. Whiteside). was also indebted to • juror for another
most important circumstance, namely, th:t which referred to
the flag. There was, in point of lair, no opposition whatever
to the carrying of a flag.
Attorney-General : I did not say there wus a flag. I said
there was • sash.
Mr. Whiteside Yes, it was such a ash as Commodore or
Commander WCormick, of Bsllingarry, might wear. (A
laugh) But what was that sash or flag, or whatever the
Attorney ;General might wish to call it ? Why that, said
to be hostile to the Queen, war a Scotch shawl, such as that
which gentlemen often wear. (A laugh.)—A juror then
asked how Mr. O'Brien procured the arms ? But the fact
was, that Mr. O'Brien left town without dagger, powder, or
ball, in his portmanteau; fer, were they in it, no doubt
they would have been discovered in the lime kiln. Mr.
O'Brien wished to have a guard to protect him from arrest,
and that, be contended, did not constitute the crime of high
treason. It was asked for what purpose did Mr. O'Brien
carry arms ? But it was the business of the Attorney-General
to prove that the arms were procured for treasonable pur-
poses. Did they say or prove for what purposes the arms
were procured? Did they at the police office say why they
wasted the arms of the police ? No ; fur the evidence of
the witness was that they did not ; and that after they went
away he sawthera no more. That war the nature and sub-
stance of the Mainabone transaction. As to the circum-
stance deposed to by Tobin, the car boy, he attached no im-
portance to it whatsoever: he drove him from Muilinahone
towards Carrick, where he met a crowd of persons armed
with pikes, but they were not under his control or su.hority.
Would they meet him without any previous concert? The
people often went out before to meet the late Mr. O'Connell,
and other popular favourites, and it was never said they
were at any time guilty of high treason for such conduct. If
they were armed with pikes how could he help it, or how
could he prevent it, when he had nothing whatever to
do in the transaetion. Then came the first affair at Bal.
Homey, deposed to by Began and a man named Bourke.
The first man was an inhabitant of the town. He was not in
the police, sad all be proved war, that he saw Mr. O'Brien
coming from Mulllnehone. He had arms then, end so had
some of the crowd, but for what permit ? Why, to protect
Mr O'Brien. The witness then deposed tea speech he made,
which was similar to that delivered at Eminently ; and ha-
-1 deed that speech might have been stereotyped, fey all he said
subsequently was only • repetition of his first address. He
was, he said, afraid of being arrested; but what proof was
that of a general Hi* to create a revolution ? A man did
not embark Isprejesde of tree* without knotting what he
had to de ; end spin, be (Mr. Whiteside) avowed that Mr.
O'Brien's papas am to avoid and resist what he conceived
to be his nesemellimismel wrest by Lord Clarendon, who
meant to pea him lade psi, net to try him, but to imprison
him for ea tadellebe paid. If he (Mr. Whiteside) wanted
sabres to alai& what he mid on this morning, the
speak of Mr. Deka wail be perfectly conclusive on the
=West. Bge a, the wawa. lad that lir. O'Brien wanted
a mid for lie art ell twenty. What did that prove ?
Tint he weals& • guard, bat not a gaerdafokrinEther
purpose. /him sal did not see Mr. O'Brien that
again. Timing all the body guard, ho the
way, sad west to seised slept. HMSO of revolutions did
net set after diet flashien. They did not sleep; they rather
centavo& awake—eis pit, to contrive, to see what past they
should efts* ; but Mr. O'Brien having got his guard
mead him. he went to bed and slept. (Laughter.) That
IMMO* celled the people a mob—he said he saw some guns
and pikes as they IMO leaving Balingsny and roar to
Hilleasai; the men milked by hie (witness's) door; they
met at a certain ketones to guard Mr. O'Brien, sad than
they Isft ble—Kr. O'Brien &Wood the army. That, in-
deed. was the set et a revoladontet! The /earned gentle-
men thea referred to " the drilling witness," Sparrow.
emi awkiskid upon the skims of this person at
very gaol Wick. it was alleged by the Attorney-Oseeral
that dos release behaved like • marauder ; and had availed
kineself stile right Ma revelationist to take powswaa of
Meese eel Ask sod had salad kr anything. What was
the abase with re and to that i It was that Saar or five
pewees entered a hosse,talt • temente mai, red drank
aka. boa water. DM eillf ram& bow maim the
woe to fled eat tie Imes maaeseed with
the""atillerlor half an hear he wira torturing the wit-
MI 10 path that this inmost est was am indicative of an
intent to set sat apes • amenilleg expediticn. What
paned ? The peisearl. resppitelytim to be one of
the party, wee to bed wry and slept, upon
the use et a revolution 1 the sum of 13s. 6d.
was paid in the on--• be which he was
sea the sherteltand writer kr is grown wield muerte la
ere Od the Mai waling in tha
It
awful part of the ape.
Re would ma pawed to hale
was impossible for
sijiL....i.aterews lath toiEppots die plead that the prisoner
the eff bramen. The 20 armed
7111... abaat --whime hal lea given, went a certain
kaki with the primer; he was on an outside car with
eve cad jeriars
was to the hotel. Could there be a
of prod them famished by this
pent Mahe ase ? They massild to Mullieeleee, mod thin
obasifal remislion I—mme bread wee peahen&
WIMa errolations were undertaken private property was
had Ilk respected ; bat sedans of the kind awned in the
gesemil ease. No pew,* was *wed, no eights invaded ;
ma wad they holddal -wade a temmedea was high amen
Ikea it was net hell is a ere where the people bunt
hem% kirks' aadasidiers confederated together. Bread
woo MOM mad eslem—this was not high treason ; bat, said
the ithwaripkawal, put the hotel bill in the round
etworothi the se or stockings tegalker, and awe of
Itigb tame it made oat, etch se should sonvinos the most
jury his the world. Had the papa and upon the
aLliser the wove, that would have limas banal thing ;
tie feet was that having moaned the prism!r from st-
aesy ale their bread sad peasfelly dispersed. He ap-
the jury to camider the statemeat of the Attorney-
sal Nara it with the fasts. Where was the
ease Wine. Where was their leader? He was off on an out.
akar. Inhere eras Ids carbine or blunderbuss ? Under the
aced_ thus the leader of a revolution was driven
into B Yret The learned counsel then referred to the
Meal of the ion-keeper (Walsh), and that of a police
emeable. Illaelleaw. The evidence of the latter penoo had
rime to • maw which made it impossible to impute the
gat WI Isms& to Mr. O'Brien. Did the prisoner tell the
pegle Is oasis • barricade, or resist the troops ? He did
est speak • ward or direct the people to make a barrisede,
ad vile it was made it was merely for the purpose of pro-
sereas Mr. O'Brien from arrest. The Attorney-General
maid that was high Wesson. He (Mr. Whiteside) contended
that a sadden act done by a men in a moment of impels.
mold not be held to be hi. It Wane. When the Barl of
ifferthumberland marched with Nene thousands of men the
bilges held that his este did net amount to high
basun the guilty beat was not shown. This
boa alines the law MMus could ob-
ey afar osamegies the country with the whole of the
emu/Wm at *eh back. The lamed counsel then
Mimi to the mamas of Cepteht Lattimore, in re
bream he the esestisa of the barricades at Mil.
Waal* IS mkt ls show that the Abet of the people was
edgy he the peepese of pressman Mr. O'Briee from
amt. Zen was tie widows of • meat who bang a British
akar, wadi net awl mans ward from the teak. The Mi.
masa was, that tie pima main war against the Queen.
To do that there ebtaldi be • derarabatiseors ia the ease al
Jam Frei. to kill the troop off tie Queen. Thao were
coma
ilk the beirielob--arra vie had rifles—the beeps
haled, sons were addressed thew "If you are people
and have oat team to &Mit MT.
7111.4 leilialasee tee creel wish yen t we are not making
war the litesa. the see we dedetew too subvert er
authority • aur sole dales i peak Mr. 'Been
from
bring arreited." " No," said the sirs. " I have no inten-
don to serest Mr. O'Brien." The banilede was removed—
not
a toogerzsauredled—not a all* thoeura—not a pat
• b•Pillot ; and, in an isahllnila which did not
doge that the ailiterT were masking upon the