The Express.
London, England, 1848-10-16 00:00:00

THE EXPRESS, MONDAY EVENING, OCTOBER 16, 1848.

This was asesesplished, but sot without considerable din-
catty, as the back doors sad lower part of the house were is
Hansa. The hill force at water was seat disease/ epos the
femme, sad after twoleurs• hard walking the firemen sue-
seedei is 'string the iseenry weir the essflagratios ; bat not,
however, till the history was sompletely gutted; the only
poetical resaalaiss were the mere eater walla Mr. Cstts
will be a serious loser by this fibrilar sweat, as the factory
woe stored with as imams Inaba of First. frames sad
mashie luskiarglasses, besides which there woo a costly
sloes of mowers and barometen, the whole of which have
beset misted to ashes. The origin of the It, is at pretest
esvelopad is mystery. It appears that the plies was closed
at a late hour on Sammie sight, and so ass bad bats
thews to enter sf . Fortasstely the sufferer, is
insured, bat sot to half the extent of his loss.

Mr. Dowd woo lam Wird dad eaaatisod referrer*
to dot &widow el the wham. Ho egg that 1* forwarded
thus to Or Claude, sod peadosed a letter from Mr. likdiag•
tom orlomadodelers=seesolit, sod i•Owafts to him list
d[t.Keroodqed

ick.---I;aliiiiblboal:sditiatit.77.-iir7.7...raed the
Warnecke, whisk kw had received trees tae Castle to the
Clerk of the Crews_
_ _

Hr. lett, 1567, gave the Attoruay-Oenenl notice that if
he did not exantistelLr. Helm* he would cell upon the
jury to believe that the lot °rotation was still in his possession.
TM clerk of Use news here read one of the tweintorma-
• -

tires sworn by the witarori=iiitnes;: That was the infra-
satire for swear st Dablla. Baeolleeted a thing better six

!fa; -00-o;ned than at th;7l;no-at-it-'a

Meant that his mansory was retreetTei.Cti it was not • re.
huhu in the shape of a fee.—ls it true that two pima*
come into Ma isese with Mr. O'Brien', as appeus in
you information ? No, only one; it was taken dawn wrong.
—An two or one persons nuked in the information swore
beim% Mr. Daspard ? Oats ova —At all events I bars one
falsehood in the informatian.-rNot: from me : there is a

—.- -
=Utak', bat not a faleebood.—Witnere continued: lie
did not swear he saw Mr. O'Donoboe coming in with Mr.
Wilda. but that he followed him in about an hour

start- ar that he saw car. Told Mr. Donna
in Mallinahone what Mr. O'Brien had said In his *peach.
The informations were correct when they said that Mr. Dil-
lon remarked is his speech that the time was came when the
people should wise and arm. Did you ant swear upon sour
direct examination that the crowd bustled you so much that
you could not hear what Mr. Dillon said, thoank you heard
his voice? 1 heard those words. I said I heard • few

word.—ln your inforraallons you swore that Itrebsr.tWr ght
ordered the church belts to be rung, and did you not say to
me you did not know who got the bells rung t I said I did
not know who rung the bells. Doing and ordering to do •
thing is very different.
To • juror—Thera was only one person and the driver of
the car with Mr. O'Brien.

Mr. email wr here t trained with Werra*, to the in-

formation of Sullivan, sworn before Mr. Despard.—After he
nude copier of all the original inlormationa he returned
them to the Clerk of the Crowe. He did not recollect hay-

—.-
big received the informations of Sullivan, but was sure they
had been sent to his, from the peculiar and proverbial
accuracy of Mr. Redington in forwarding documents.
Witness looked titer:nigh a variety of papers, but could not
not end the informations.
Michael Tobin examined—Knew Thomas Kick= of
Mullinahone. I heard of the "row "at Farrinrory. The
prisoner, to the beet of his belief, was one of the two men he
drove to Mallinahone. He was much like the man. On
returning back he overtook a great number of armed men
going into Billingury, but he could nut see who headed
them, as he wu in the rear. When the attunes got to the
cross of Ballingarry the two gentlemen came off the car.—
To a Juror : Saw the two gentlemen whom he drove in
Ballingerry, but could not may that the Kroner was one of
them.
After some unimportant testimony had been
Dutton Mathew was examined.—Lived in Killenaule.
Identified the prisoner as one of the gentlemen he saw about
Walsh's Hotel on the Friday. Saw Mr. O'D inohoe go to
the barricades along with Stephers, Dillon, and li'Manua. 1
O'Donohoe was not armed. Witness detailed the facts con-
nected with the removal of the barricades. the cheering of
the human, and stated that an offensive word was not geld
to a sines man. Did not see the ear stir from the hotel door.
Oot a whisper to go home, and took the hint.
Capt. Lorimare and a private of the Bth Hussars were
then examined, but their evidence was precisely the lame as
on the other trials.
_ _ _

flub-Inspector Trent was then examined in reference to
the snack upon the Widow Cormick's house, the particulars
of which have been repeatedly published. On croszezamina-
don, the wiusr m stated that Father Fitzgerald came to him
to make pesos between both parties. He replied that he
would loss his life before he would surrender his FUEL Did
not know where Father Fitzgerald then war. Did not hear
that he had died duce the occurrence.

Polics-oonstable Moran identified the prisoner as one of
the persons whom he taw outside the Widow Connick's
hams. He had a gun. The firing was not going on at the
time. Observed him before the firing began, about five
minutes after they got into the house. He was out-
side the sell to the right of the wicket.— Cross.
examined by Mr. Meagher : Did not me any
ka the easissars when they commenced firing. Witness'
n
Ikea the Bunt shot from the gable wind° v. Witness could
set be sheskos that Mr. O'Brien used the words, "slash
amp beys and slaughter them al:!" Before he need the
semi he shook hands with Mahony and Rafferty police
seastables. He saw the prisoner behind a wall pointiag hi-
towards the enemy where he and hisoomrades were. He
a (witness) desired them to take care or they would be shot.
e, however, did not fire. I fired at a man that was cer-
tainly very near some women. There might be some one
besides myself who could say that the prisoner was at Far-
rinrory. I did not ask any question upon the subject. Ido
not recollect that the prisoner complained of the manlier in
which he was identiled by me is Kilmainham gaol. Nor
do I ressenshar he renenetrated with Mr. Fitatneurice oaths
unfair meaner In whisk be was dealt with. The witness was
not told that the prisoner had taken off his whiskers when he
was going to identity him in Kilmainbam, bin he made the
remark himself after he saw him.
Police-countable Ford was next examined relative to the
same facts. The former witness told him that a man was
presentieg a gee at him and to mind himself. Witness told
Moran that if he minded him he would mind him (Moran).
Drew hack his heed, and shortly afterwards a shot was
fired.
Chia:Jostles Doherty: You thought it prudent to keep
your had oat of the way 7—Witness : Yes, my lord.
Mr. Scott : Had the firing commenced at this time I.
Witneas : It was asarly over.—Did you hear Kr. O'Beiin
use the words " Skit away ? " I did not. Are yen set a
little bard et Wake I set not, Sir.
Polies-cemithie &bison wee produced for amecne
mined= SSW a man t a gun outside the wall
when his slisalien wee ssW e W East by Moran.
Poliewesestakk Ounalins Makony ezmained : Was at
the Wiese Osendeles hems the day et the fight—Crow
examieed 114111111 Mersa tell Nun sad the rat to keep back,
as • man wee pressatiag a gua ea them. Did not see the
man, nor did he hear the expremies Aka away, boys."
ler. Restock proved the order of email to try the pri-
soner he high treason.
Pollesmonetable John Carroll was that examined. He
was the paws from whom Mr. O'Brien Omit the beam and
who holism. film Kilkenny with dsepaeshes ter lb. Treat.
He doesiled the isms of his dethatien as a prisesser, the ren-
eguers with Mr. O'Brien' the meming with li'llanue, and
his menving kith irons vistmes by taking him into •
Mid, end the interierease of Father Flemiereid with Mr.
Teeth te senesier his arms. Wthisse heard Father
Intagerald rag es Mr. Treat, • What if I take
vosesslf mi yew use, and protect yes mat of that'
Mr. Treat regibil that he had seen dirket Llano, fail
before and he wadi rely wet his own resensme, but he
asked him to areas. him (slime.). He she stated that
when Father litegereld came back from the beers after the
interview with Mr. Tani he asked the people be go home,
saying, " As may et es me hem tmday, there will be
twee@ as many of her troops temierrelr, and if you
injure the Mies the orreatey will be left waste.'
Mr. Batt—Ant I to madentand you that Father Fits-
Csiddimes& the isege Yee—After his exhortation
crowd was MtemsV Yee.
Sab-lespsder Cu was nest examined. His evidence
was the some as that given by him upon the two previous
trials.
Polloviergesat Madden examiaed.—On the ight of the
12th of August errested the prisoner about II think et
night near to Hollerith and itashkennea. Mr. Washes end
call Mr.
ed Imes were with Mo. Seth three nth eller the*:arsietre
them bask. Witham Iseses=il
ere of them. tamed aorribe
Kosiker. Asked him his maim After seas hedialien he
"My some Is Kesgber." Then he nand the
his same, era' he replied ilia: it was o•Dashem
old the perms whim he thus miss that they shush'
some with him at Betkesanen. They asked Mat what
steps he would take. He replied that he would bring them
both. a Ern/hi/ate Upon anteing at the barrack these
was a skit delay while the orderly was opening the door.
Whites emplethed that Mr. Lents would not tall his
name. The eases asked if they had not told their name.
He replied thee they had Sane so. O'Donahee had a prayer
bosh and a mil heads in his breast. He (O'Dossohoe) said
he had ao oillestima M p takers Mr. Jones, but upon eyrie.
ing at HarNIIII be asap liked of being fatigued. liot a oar
for the poW,
_odd marched them into Thurles.
At sin- teieek. Mr. Batt, Q.C., informed the court that as
he led bass reached late in theme, and his loused friend,
Mr. lie
thepfreyoe, wee more familiar with the evils. than
Mt,
wee, had maned between them that he wen=
Arse sad OW the 0411669 had heft he wadi
thee.
Mr. Fusels then aired the and M edicrern to
the and he promtheil them that he
womidairella b mw tepablie time by eeeekailds his ob-
sseedkes.
The ChisfJulles said thighs end kiskerned brothers very
much restetted that they were obliged to call upon Mr.
Meagher le reseed with his address that evening.
Mr. T. Meagher then padded with his address. He
dwelt epee the pub silty that led been given to the pre-
vious pressea*, end tie Alit which his client ran that his
othe Weald be pi etheed by the jury. As to the constitu-
tion of the jury, he slid it was only reasonable for his client
to bath diewth that NM 11111110111 who entertained his politi-
cal opinions would have hem ea it. He then undertook to
son that his lineal had met levied war against the Queen.
Havkg refined to the elesramstances connected with the
eaasmtsml of then Edward 111., and stated and commented
spas the law of high treason as it now exists, the learned
soma stated that the defence which he intended to
submit to the jury ca his client's behalf was that
whisk had been pat *sward in both the trials
whisk bad been emineted, vie., that although the gene-
ral dry of am theerreetien had existed is the minds of
Mr. V,Wa and Ids Monk yet daring the whole of the
tramsafita sasipi by the crown to constitute the overt sets
of en aster' nweities, no single sap had been taken by
any of the mike assess' with a view to carry out the
general Ape legated to them. With respect to the alle-
gation el the Affseary-lienthal, that Mr. 0 Brien and his
kinds stela lath mass they intended a rebeffien, have
gran this NA a wild path of the country, sad galled on
themm, ender the 41110111/1911121111/ lei est in the
eck=lll le
1r the preesention, le matinded that the fact of
their peeeaes in seek a theistia was perfectly masieteat
with tie mil oldest they had in view--earnely,_to protect
Mr. O'Debea sad lisimmelves from arrest. !What, let
I him rk, mold have been more natural than that • number
of genWmea situated es these persons had been, appro-
. bemire of wrest, pat anwilliog to be apprehended,
, should withdraw Iwo some place, which from its
inaccessible charester, or sew other rason, was calculated
to afford them thanes of temporary on 7 It was
oatmeal to npme that if the object were the keying of

war an open avowal of the intention would be at once ,
SE ; bat the declaration was merely that the object was to
escape from arrest. This woe the avowal made by Mr.
O'Brien before a single act was done. He asked them would
they think of acting on the evidence of the witness Sullivan,
if it involved merely one week's Imprisonment of his client,
and pointed out discrepancies between hls informations and
his evidence, and the absurdity of supposing that Mr.
O'Brien, who was represented as engaged in a revolutionary
movement, sang a song about "Sweet Tipperary" in the
open street, before a multitude of people. The learned
counsel oontinutd to argue with much ability on behalf of his
client

The court, at ► late hour, was adjourned till next morning.
CLONMEL, Oerooza 14.
The court opened at a quarter-pest nine o'clock this morn-
ing, when the following witnesses were produced for the
defilios.

_
Patrick Heartluta, examined.—l live at Turloch, near the
foot of Slieventunon. Saw the prisoner on Saturday, the
29th cf July last. Heard of the attack upon the Widow
M'Cormack's house. The prisoner came to my house about
two o'clock or htlf•past two= the 8-eurday morning. Mr.
Ite,ccer and Mr Leyne were with him. They all slept
in my house. They got up about ten o'clock, and
were about one hour demmag. Between twelve and one we
w, nt up the hill at the back of my place, and remained
there till about three o'clock; Mr. Meagher desired me to
go down to the house to know from the messenger, who had
gess to Callan, if there was any news. The girl told se
that show fifty polies had gone to Ballingarry, to serest
Smith O'Brien. Callan is six miles off, Ballingarry nine,
and the Commons eleven. The gentlemen dined in the
r.nter of en open field on my land, and their dinner was
given by my wife and servant maid. I can fix the date by a
riccipt tor money (1001.) which I lodged in Clonmel Bank
on the 31st, the Monday following. The gentlemen left my
place at eleven o'clock at night ; they went with my brother.
My brother was in Carrick that day, and saw the proclema•
tom offering a reward of three hundred pounds for Mr.
Meagher.
Croes.examined by the Attorney-General.—l never saw
the gentlemen before. I saw them on the Sunday at my
brother's house. I went there partly to see them. My
I rather's place is two miles off, and nearer to fillevenamon
than my plate. Saw them gentlemen walking with my bro-
ther. I wee on a mare. I alighted and went up to them.
Mr. Meagher shook me by the hand, and asked me " What
news ? " I understand that they did not sleep in my ~rother'e
house that night. On the Saturday there were five gentle-
men at my house. Meagher, Leyne, O'Donohoe, O'Mahony,
and a slender lad named Hickey. I knew Mr. O'Mahony,
because he lived near me. —Did ru see Mr. O'Ma-
bony lately ? No, I have not heard of or from him.—What
is the name of the girl who went to Callan ? Biddy Shea.—
HMI many of the neighbours came, from curiosity, to see
the gentleman? Michael Healy and Jerry Hanrahan came.—
Were you at the large meeting on Slievenamon ? No.—
Did you see Mr. Wisely ? No. I have never seen
any of them since. I n saw them (except O'Mahony)
before. I was told by Mr O'Mshony who they were.—
Had you heard of armed men going through the country ? I
bat —Did you see the bonfires on the hills ? I have a faint
idea that I did.—Are there any clubs in the neighbourhood
where you live ? Yee—Are you a member of a club ? Yes,
01 the Grange Homier club. It consisted of about fifty or
sixty persons; the club had no arms, nor had they made any
preparations for arming.
Mary Maher examined.—l know Pat Hanrahan. I re-
collect gentlemen 00, ing to the house at daybreak—just the
dawn of day. The prisoner was one of them. Mr. Meagher,
Mr. Leyne, and Mr. O'Mahony were with him. I saw them
next morning before 11 o'clock. They breakfasted in the
pat lour where they slept. They dined upon a rock that
evening, in the corner of an open country. They took a'
glass of grog and went off that night.
Johanna Kickem.—l reside at Glenview. My father is a I
farmer there. He also keeps a shop in Mullinahone.
Recollect Mr. O'Brien coming into Mullinahone. On the
evening he (Mr. O'Brien) arrived (Wednesday), the pri-
soner slept in my father's house et Glenview. Saw crowds
passing up and down the streets during that day. There
were men walking up and down the streets that evening
opposite my father's house. The prisoner could not have
left our house at one o'clock on the following morning. He
paid for his lodging on the next morning, and left the house.
Cross-examined.—My father keeps cars for hire. Remem-
ber some of his cars being hired In the Wednesday by some
gentlemen. Saw the people returning from Ballingarry.
They were armed with pikes. Did not see the prisoner,
Donohue, with them.
Mr. Butt then rose to addrive the jury for the defence of
Mr. O'Donohoe.—lt then became his duty (he said) to ad-
dress them on behalf of the prisoner at the bar, and in doing
so, confessed that, among the many circumstances connected
with the solemn proceedings of that commission, there was
nothing users awtul,as all in court must have obeened,though
it did not apply to them, than the Rita's:nets and want
of interest which marked the proceedings of that court. It
may be a collapse after the thrilling interest of last week—it
may be that a feeling had gone abroad, that the verdict
already given decidei the cases of all who were to be tried at
the present commission; but, as they bedtime told, and very
properly told by the attorney-general, they would wholly
amegard everything that bed previously occurred in this
court—all the evidence that had been given in fume? trills.
Of this they knew nothing they were bound to exercie
their honest conscientious judgments on the want ease
as one totally different from all the others, and woes, if they
were to amass it was the same, the vanilla alzzd
tilciige,eghs mu° influence them one particle. Ha eli
steseetly implore their attention to thesornes
elemineiteme he felt bound to make; he weld then
no indleenneue In es, except that it was their ditty
—end dill MB limierolgest inducement be could niqp to
sea of the honour end integrity he had then the honour of
Winning. He Wood there defending the mkt
the edema feeling that in their verdict dm
depended—whether he was to suffer isnible mew

L eet which oat follow Weir verdict, it it pnie?a

him guilty. He did not regard it as a fan, for he believed
it would la a terrible reality; for if the law
officers did not consider It neoenery for the ends of
public justice to teen this crime as a capital one, they
had a plain and easy course to pursue, which would dime-
barrens it of many things, as by a recent statute the grime of
compassing the death of the sovereign, or levying war, was
punishable by transportation for life, and there was witting
to prevent them sending up an iodic:intent on that shituts.
The evidence offered in the present instance was s
to it; but the attorney-general, in the exercise of
SWII MAIM duty, deemed it necessary to bring bears them
lila qualm of the capital charge ; he deliberately expressed
W sepahm, and es thastely apprised them, that he ailed
hir as ilfie of the at the bar. He (Mr. Butt) shoold,
tleediate Implore them to consider that their yar-
d% ef gnat, be followed by the awful mums of the
law. The charge was compounded of matters of law and
matter of fact. On the matters of law they would be ad-
vised by the judges—on the matters of fact they must, them-
alas, exclusively judge. They had a third duty also to
discharge they must apply the law to the facts, and that,
as well se determining on the facts, was, he repeated, exclu-
sively for them. They had not merely to uzeitl credit of
wittiness, or the math of alleged facts, but, informed
of the law, kwas their duty alone to pat the law to the
Sea sod delonsicie in their conscience, uncontrolled or tin.
blessed bytiesy court on earth, whether the fads proved in
wales% st.. ated the aims as defined by the law. Tee
~Reno gives is the case consisted of two classes, and in
Ingneohing that evidence he should only do so as regarded
peals% of it; for, beyond all question that given
far the wows was generally correct. But he ut-
=illightswied that has client was present at any
drilling or military array, or that he was
pressa at the attack on the police barrack. He intended to
inheolt to them that they could not say on the evidence that
be vas guilty of any one of those sets; for though the en.
dam fen as mown was substantially arrest, it was al-
hmether kW is these most essential particulars. He con-
tended that O'Sullivan's evidence was impeached and ought
net to be trusted or believed, and continued at gnat length
10 pies upon the jury his reams for so insisting. He (Mr.
Batt) Wiwi upon them to dismiss the aides., of that man
efillemelher. They should be satisfied from what they had
herd sad free what they had seen that he had per
jed laMieelf; and by no manner of means whatsoever
should they permit themselves to be infleenoed by
whales had sworn against his client. They remembered
the diewspemcdes In his informations ea to the feet that one
person aims Into Mullinahone on the car with Mr. O'Brien.
and to his contradiction an the table. They remembered
that he swore on the table that Mr. Dillon made no speech,
whereas he defied is his informations that Mr. Dillon did
maks teepee*
_les gave certain words which he alleged
Mr. Mao armd to the people. But, without dwelling
en
the manse discrepeocies between the informations
sad the twirl evidence of Sullivan he celled on them to
look at the losiatler and more flagrant contradictions of
the witness sod ea those he rested the strength of his
earnest astislpaYem that they would not take the life
of his all But what more appeared in this case ?
What appeared about the suppression of the first informa-
tions. The law gave a right to have the informations, sni
yet what appeared here ? Why this—if the judge thought
proper, the trial might be palpated in the absence of the In-
formations. Now, what occurred here 1 A transection
unexampled—utterly unexampled appeared before them—
e transaction which, if it could be, ought to be ex-
plained and mode clear, but which, up to this
moment, was enveloped in the greatest obscurity. He
stigmatised that unexplained transaction as a violation of
an act of parliament, which tainted justice to its very source,
and proceeded to say that the next piece of evidence which
he impeached was that which was given with a view to
prove the presence of the prisoner at *Moray during the
conflict between Mr. Trent's party and the people. On this
'object the policemen MOT= was the only witness who iden-
tified Mr. O'Donoghne as having been present at the conflict;
he stated on his oath that he sew him pointing a gun over the
wall, opposite the Widow Correack's house. Now, on this
point Moran had been directly contradicted by two of the wh-
imsies who bad been produced that day, whose testimony
it wa impossible for them to doubt, so the jury could not have
a shadow of doubt on their minds, but that the prisoner left
the company of Mr. O'Brien before the transection o• Far-
rinrory took place. The cause of his leaving was not dis-
closed by the evidence, but the fact was beyond dispute that
Mr. O'Donohue, Mr. Meagher, and another gentleman left
Mr. O'Brien, and, no longer siding iu any attempt at ass in-
surrootion, took refuge as outlaws on the mountain side, and,
if ever they had entertained the idea of revolution, v'imugli,
abandoning it from thenceforward. Now, even mappoi,ink
the evidence on both sides so be equally onetime, the next
tqunines4oan two beindgecamded"woownlindgtooth, we hiprimeren had
.tthextaniter onirgh
prior-t
have been easily mistaken ; for in the beat and excitement
of a onfint it was not easy to observe a arc, win:liras about
to fire a gun behind a wall, as as to describe him, and
positively identify him at a rubsegur.nt period • but the
other two wi.nesses could not be mistaken,—tiers was
neither hurry tour confusion with them, and It must there-

lead,
theyth
wi ,

fore be considered plainly proved from their evidence that a
separation had taken place between Mr. O'Brien and the
three gentlemen he had mentioned in the public house, on the
commons of Boulsgh ; and that after that separation the pri-
soner, Mr. Meagher, and Mr. Leyne, betook themselves to
another part of the country, with a view to protect them-
selves from arrest, and for no other purpose whatever. In
reference to Henraban, ha (Mr. Butt) bad been unwilling to
place the witness upon the table, rearing the personal esti-
sequences of tie evidence, but as he was willing to give his
evidence ha did not wish to prevent him. The learned
counsel then called upon the jury to believe that
hie client wee totally unconnected with drilling and
marching at Mullinshons, and with the affair at Balla-
garry ; and proceeded to notice the remaining overt
sets charged against his client, and lay down the same
winciples of law which he bad urged on the trial of Mr.
intense. With respect to the letter written by Mr.
O'Brien to the directors of the Mining Company, he (Mr.
Batt) e:claim:red that, inasmuch as the prisoner, Mr. Meagher,
and Mr. lopes (disapproving of the proceedings or projects
of Mr. O'Brien) had quitted him previous to this trans-
action, they could not fairly be held accountable for any
acts that occurred after they left kis company' unless the
jury believed that the prisoner knew and approved of them
before they actually took place. He put it to the
jury es rational men' as honest men, desirous of
doing justice between the crown and the prisoner; and
he asked them what possible grounds there were for sup-
posing that his client had any identification whatsoever with
the intention or meaning of the letter of Mr. B. O'Brien, or
what to connect him with the proceedings of that gentlemen
at Perrinoroy, or show that be was cognizant of it one way or
other. His client had no protection except tbat which the
jury afforded. There was no protection for property,
. for
cherecter, or for life, except in the honour, the intel-
ligence, and the independence of jurors. They had •
duty to perform which they should not abandon in the
present emergency, but which they should prize aid am-
hold at every sacrifice, and heedless of every consequence.
It was their duty—and it was a great and solemn dicey—
to apply the law to the fact!, and to be guided in their
deliberations by the light which their own judgment
afforded, and by non* other whatmever. lie asked where
was the proof that his client levied war ? Be asked them
to look into the indictment, and, es men rap. mettle to their
God for their actions, say, did they on ell the evidence believe
that at Mullinahone, where it was proved he was asleep, and
when taking down the barricades at Killeneule, Mr.
O'Denekue was levying war against the Oaten ? He asked
them to lay their hand, on their hearts and to =ewer
these questions, and then to come to a conclusion as to the
tit or innocence of his client. They should vindicate jus-
not by the vague exposition of a teraneical law tyran-
nically executed; and, as one scorn to keep the Queen's
counsel—u a counsellor of the Queen, he (Mr. Butt)
declared his firm belief that the law and the authority
of the crown were far more effici-ntly and powerfully
vindicated by affording the prison( r the benefit of the law,
than by assuming his guilt where it was not proved. The
learned gentleman then concluded a most argumentative,
powerful, and effective appeal by ability he defied the jury
to find his client guilty of any one of the acts charged against
him in the indictment.
The court then adjourned for twenty minutes.
The Solicitorfi.merel followed in reply for the crown, re-
capitulating the evidence, and enforcing the law as applicable
to the facts of the ease.
Mr. Justice Moore, at twenty minutes to four o'clock, pro-
ceeded to charge the jury.. It then became his duty to refer
to the alleged against against tee prisoner, the evidence pro-
duced fer the crown, and the evidence brought forward, en
behalf of the accused Before he entered upon the sub-
stantial part of the case, he thought It wes his duty to refer
to some of the topics urged by the counsel for the prisoner.
Both the counsel who had addressed them on behalf of
the prisoner had called upon them to diemiss any
prejudice against the prisoner which they might have
conceived out of court altogether from their er noderation,
He would be sorry to think that p.rsoi.s of their
rank, respectability, and position iu society, who
frequently filled the office of jurors, could be so forgetful of
their duty as to render it necessary for him to warn them
against any prejudices which they might have formed. They
had also been very properly urged that they ought not to
allow their minds to be influenced by. any verdict which
might have been pronounced by former jurors. Ile told them
meat emphatically if they had heard of those verdicts, and it
was impossible to suppose they had not, they ought to dismiss
from their minds any knowledge of previous trials, and
not be influenced in the slightest degree by anything
which had already occurred. They were to find their
verdict, not upon what had occurred on former occa-
sions, but upon the evidence alone which had been produced
before them since they entered that box; therefore, in as
strong language as he could use, and as emphatically sa he
was able to address them, be called upon them to dismiss
from their minds, so far as human frailty admitted, the recol-
lection of any former verdict which had been found by other
juries. They had been also told by the able cowed who had
addressed them for the prisoner, that they should not act
upon any conjectural ground. No man in the country
ought to be convicted of the smallest offense—mach
less high Lemon—upon a mere conjectural ground;
and if the evidence were only calculated to raise
a conjecture and an inference as to the guilt of
the prisoner, they ought not to find a verdict egainat
him. The conned for the prisoner who last addressed them
in the coulee of hit able speech made use of some sera-
ekes which were mush to be regretted. He did not think,
however, that counsel for the prisoner should be bound by
my strict rule, far he knew from long experience that the
meet cautious and collected counsel often used expressions in
the ermine of his speech which, perhaps, under other (dream-
senses he would not have used ; and, if counsel
Ross an ordinary occasion wan liable to fall into an
error of that description, he was much more likely tO
fall into such an error when he was defending
a prisoner who had entrusted his life to his cars.
Bull he did feel regret that counsel should have told the
that they could not dare, on the evidence they had
tolled a verdict evilest the prisoner. lie was sure that
withwould not dare do anything but what was consistent
their duty and perfcc•ly consonant to the facts. Both
the counsel for the prisoner, particularly the latter, had
urged, at considerable length, that they should not be co-
erced ,or swayed by anything which alight fall from the
court—that the Gets were exclusively forlhem, and for them
alone, to apply the law to them. He did not mean in the
slightest degree to find fault with the able counsel for local-
eating that maxim ; but he hoped that as long as he held the
high position which he occupied, nothing would be more re-
mote from his mind than to say or do anything which would
he the smallest meaner improperly and illegitimately operate
apes the minds of the jury. It was perhaps impossible In
melds( eboweations to avoid expressing an opinion ; but if
the jury win able to collect from anything he might sty what
his opinion was, he told them in the most emphatic language
which could be used, not to allow their decision in that box
to be 'swayed, much less coerced, by anything which fell
from him. If he knew himself aright he would not made
any observation which was not in strict accordance with
his best judgment. If he had made observations which
were of no weight, they should be rejected • if he made
oteervations of some weight, th would give diem any con-
sideration which they might deserve; but he begged of
them to remember that in the discharge of their solemn duty,
they should not les swayed in the slightest degree .by
anything they might hear from him. The charge against
the prisoner was high treason. The question they would
have to try was, whether, according to law, the prisoner had
been guilty of the crime imputed to him. The learned judge
then at considerable length explained the law, and recapitu-
lated the evidence in the case. explaining its applicability to
each count in the indictment.
4 The jury retired at half.put seven o'clock, and, after an
I absence of four hours, returned a verdict of Guiliy.
that

SCOTLAND.
SABBATH REGULATIONS ON SOOTCH RAILWAYS.—
Indignadon has been evinced towards the officials at the
Scottish Central Railway, In consequence of the unfeeling
conduct they displayed in declining to convey the Duchess of
Sutherland along their line on Sunday week, on the occasion
of her being surnamed to the bedside of her dying parent,
the Earl of Carlisle, at Castle Howard, in Yorkshire. On the
Friday evening previous, the duchess, who was eajoarning at
Donrobin Castle, in Sathealandshire, received intelligence of
the alarming and dangerous Ulna, of her parent, and sum-
moning her with all speed to Castle Hows She instantly
off to Waitron, where she =lived on Saturday even-
sad taking the last train reached Perth on Sunday
morning. The mail train for the south was then preparing
far departure, but to the astonishment of her grace and at-
tandente, en applying for seats in the train they were told they
could not be allowed to travel by it or by any other train on
a Sabbath, it being against the regulation of the directors.
Letters having been previously sent to all the stations to have
engine ready to wing the duchess through, it was ima-
gined some mistake had occurred at Perth, and the secretary
was immediately communicated with, and the sorrowing
circumstances which compelled her grace's attendance at
Castle Howard. The train was delayed for a short time in
order to have a final answer from the secretary. But the
reply was " No ' • the rules of the company could not be de-
parted front." The mail train started with the empty
coaches besides the necessary mail carriage, leaving the
duchess standing upon the platform crying. Nothing was
left but to post onwards, She hired a steamer and creamed
the ferry on to Edinburgh, which occupied the whole day.
By the time her gram reached Castle Howard the Earl of
Carlisle was no more. Her Majesty recently travelled to
London on a Sabbath morning, and that fact so vividly in
our remembrance lade us to presume to think that lterr Ma-
jesty cannot but be indignant at the treatment her Mistress
of the Robes has received at the hands of the majority of the
Scottish Central Railway directors.
OPENING OF THE NEW RAILWAY BRIDGE ACROSS
TIM TWIIID.—The wooden bridge and viaduct were for-
mally inspected en Tuesday by Capt. Symonds, government
inspector of railways. He arrived at the Tweedmouth sta.
ton by special train from N wrestle, about half past two
o'clock, accompanied by Mr. Harrison, the engineer of the
line. Shortly afterwards an engine, with a first and second
this carriage attached, containing th..se gentlemen,proceeded
at a slow pace from the station along the immense viaduct
and the temporary wooden bridge to the North British
Railway station, where a large assemblage had
time waiting in anticipation of Captain Symon ---:
On the approach of the train three heart *eers,ere3 1 :71
forth, accompanied by the booming of
lay, planted abontthe centre of the bridge.
were also hoisted at various parte along the Bee • _ t
On Tuesday forenoon a train of 14 trucks
arawn by two engines, prooeeded from tlt al.
ft ~.- - . 74
station to that of the North British. It in thliglill‘ "TS
total weight of this train could not have boa thilcist • •,"
sofa
tem. Beyond a very slight vibration, the" went se '"....."
anstothly as nem the firmest rock. Set m& atm , .w
sem kind, gni one or two goodetreise intrhgAvigels&w.... '
ow drift *a ay, sattAl 'Muhl 'swag%
umassimigairsilliitlnditr9. The
e• ? t., '
eII:AL
44:.#44'.: H.4%'lik