The Express.
London, England, 1848-10-09 00:00:00

sweat sail labseeprodaset, h tented sat et the newt
foe Wile ern Skis einninse lam highly greaten, the
ansiantstslishaie win will task et year taninice Is.
lesise 1 Ids net Mere to ellensie Sieress. It kir ws well
the same sterstrens Wins Eris by sin to lan the Una
et linistiett nsitinsint bat atifkslnndasieisteorasedto
gin enprieliea to the aphis et alargy sag nifty that bed
year lenlinwritk inaillie ately oaths essenssio-
neat of the tainhe, taken rains Wenn the shorviast
and iamb rainy, the peer rind Ott lune nee
Ise they were, foe a* fishier send hise amine ms
tripieleesurisidshipe rensisseines. It this ash.
she was as has hiss is Asps& lone weak et
asininity ass Wren rim limlddr, width
hied late yaws besens se pallise this otammitters
Juddroe the fond ker that the leant et anon
fee the she of the peer, will. by the biesilar d Gee and
the counsel of the Holy Either, roan his ever. The last
sad most important duty of the eiessittes is to implore
your lordships et your neat meeting to masses aessinews
and vigorous efrJrt to direct the tamales et geriesetin,
hitherto so ill.advired, to the Randier epreseisa, une
qualled distress, and squalid misery of year faithhal flasks
sad that in your endeavour, to save the witatry treat Oa
impending calamity, sow more threstisfai than soar, you
with not content yours Ives with the promises of a viceroy,
which he may not be able to fulfil, and which the Prwnier
may distort or disallow, but that your loveably' would cos-
Woe It your sewed duty to approach the throne and make
known the wants and destitution of her Irish subj. cs te our
good and gracious Queen, end firmly, but most resynettelly,
to demand of her, se mks oldies their allegiance sun services,
to save their lives.
There is here, it will be admitted, sketched out a
formidable labour which the minister will be called on
to undertake and the treeing to sustain. The views
here put forward are not, however, certain to be
adopted by the Irish catholic bishops at their approach-
ing meeting.

woe wastaw to ealm te what he said Mire that. Ike joy
weaM Gad theet Memos Fareery and Mesh a change bad
see* Over the Taffitelliathelpies el Yr. O'Brien—that at the
time the Fresh resiatien bed perplexed the minds Omen,
and drives them isle egemsaities et whit& perhaps they had
not previously any sedan. They would also find that the
ealy '. of time.. It had bees statedthat Mr.
rirea was
st Wiesen is the habit et %owls/ his sentiments; if
that was Is Be Messily meant the showy of a nati
mid sod ea Irish arsy. Mr. Whiteside naked if that
mishit Mee teems ? The Grown did not say it wee,
nor did they roseate the prisoner tar high Season
open that as ea overt net ; but the jury were to say whe-
ther he was not earryieg oat hie avowed matiments, and
the .beet of the majority of the spielers of Ireland is
un-
d the insurrection. The teamed comsat then to-
Owed to Kr. O'Brien's expression as to an ultimatum, in
%fat to show that his object was to make Ireland a separate
Maga% to resets her pirliament, and defray the expases
=neat by • salad seemniesion of Englishmen and
Mk Orr wee also to form a national guard awl
that • awed! at LS, and be avowed these objects is Frame.
The learned smasel then referred to a speech made by Mr.
O'Brien at a soiree at the Music Hall, an the occasion of
his return from France, whither be and some other gentle-
sea had gone some time before, for the purpose, as he
alleged, of seeking the aid of the French provisional Rovers-
Meant in the accomplishment of his revolutionary pro-
jest. It was a matter of notoriety that M. Lamar-
tine, the Fren. h Minister of Foreign Meths, not
wishing to get the newly established republic of
France into uilfieulties wi:h foreign courts, bad given
a repulsive answer to Mr. O'Brien and the other member.
of the Irish deputation. Now' in this sop x
' eh which he re-
ferred to, though Mr. O'Brien denied in words that he bad
gone to Francs to invoke armed succour, yet he gave his
hearers to el, demand that private offers of assistance had
' b - ^^4. so him by the same parties who had given that
%Slim russet.
Mr. O'Brien: No.
The Solicitx General would be very sorry to give a wreeg
interpretation to the speech, mid would therefore simply
read it to the jury, and leave them to decide upon the
meaning of the language it contained. Mr. O'Brien said:
"We sled not go to France :o solicit armed succour; cer-
tainly I at least was not tho bearer of such • mesesge."
Now it was maniost that if Mr. O'Brien had asked for
armed succour the French government wculd not have been
justified in giving any definite answer to such a demand,
and therefore he went on to say " From the moment I
landed in Frans I found but one unanimous feeling of
sympathy for the people of Ireland. But there was another
feeling displayed at the same time—viz., that we have not
exhibited as much courage as other nations bad who were
suffering less Iron the effect.. of misgovernment than our-
selves."
Now,what did Mr. O'Brien mean by this language,
but that he was dissatisfied that a revolution had not taken
place in this country similar to those which had just taken
place in France, Berlin, and other places ? The learned
counsel next alluded to the letter of Mr. Charles G. Duffy.
This letter, no doubt, was without • date, but he (the
S.ilicitor.Geaoral) would fix as its date the month of June
last. It was than, he contended, that the insidious suggcs•
Sons were penned by Mr. Duffy, with a view to effect his
own objects—and he had no doubt but that they had
operated on the proud mind of Mr. O'Brien—upon his
ambition, and upon his situation as leader of the
movement, and this induced him to take a step which
now threatened to prove faeil to him. He (Mr. Mitchell)
wished from the bottom of his heart that Mr. O'B ashen had
not listened to the diabolical advice contained in this letter.
Mr. O'Brien : Allow me to observe that Mr. Dully is not
here, and that I consider it most unfair to make these site,
Mons upna him in We sheet:et
The Solicitor General : No one ems feel more acutely than
Ido the peintul tbos:tien in which Mr O'Brien is I
placed
and I do not here hesitate to repeat my opinion that
believe he was ur.ied forage I by means of the most insidious
temptation to do that which be would not have otherwise
dam
Mr. O'Brien.—Mr. Charles G. Duffy is not yet tried, and
I therefore think it most improper for the Solicitor• General
to :a ika any observations hero which are calculated to pre-
judice his cause in the public mind.
The Solicitor-General.— Very well, Mr. O'Brien, I will
not offer any further observations of that kind. The
learned gentleman then celled the jury's attention to
such passages in the speech of Mr. OBrien to show that a
violent change had taken place in his political opinions.
Having dwelt on these portions of Mr. O'Brien's speeches,
he went on to speak of Mr. O'Brien's position as
a gentleman of eduration, of great ability, of high con.
anions, of fortune, &e. Such a gentleman, be said, becam
connected with clubs and aseociats • but it was not sup.
posed that a gentleman of his station bad the slightest
%mien of entering upon thst most extraordinary—that
east melancholy—that preatly.thbe-regratted violation of
the law which teethed in war against the pewit in tneir
seentry. He Apposed that Mr. O'Brien was actuated by
the frenzy which seized so many minds in this country (to
eeeeaat tor the change to his political opinions and prinel-
pin) at the time of the late revolu:ion, whkh had consigned
se may thousands of persona in the geeat metropolis of
Perk and in nearly every other capital is Europe, to the
=S misery sad wretchedness. He stated that they
take into consideration the entire of Mr. O'Brien's
wirys and doings in all transactions, and on that subject
he agreed with bit able, and talented, and learned friend,
Mr. Whiteside, and with the observations Wee of the learned
sonasel. Mr. Fitagemald. On the 16th of July he maths •
end if the jury competed that epee* with the letter
5 ""ilt:Duty they would be able to fix the date of it. Let
them remember the letter written by Mr. Meagher, giving
an amount of his determination to go to America to seek for
aid. Mr. O'Brien left Dublin on the 6th of July to organise
the sluts He proceeded to Limerick, Kerry. and finally to
Oath, when he reviewed 2,000 men—armed nimbus of
ire Subs.
Mr. W side—No, no.
Mr. Hatchell— Well, then, if not armed, he said they
were as well disciplined as any in her Majeity's ..vise.
He returned to Dublin on the 15th, on whisk day there was
a meeting of the clubs in D'Olimareet, es aspen% to by
Dobbyn ; and much had been mid% his evident. Now
the jury ought to bear in mind that he was eznaised ea
Seturday, and they had therefore BaadaY. Keedel, and, im
tact, every day dme not only to %streak its evidence,
• to show that no' such dab es the Rol Hand Club
was is widows. It wee la their to show that
the whale af that 'views was a have
paseenied Idea fel perjaay, but no pesos frees sad
the ty
of Dahlia weld be hand to de es His learned
Meek Mr. Whiteside, had &glissaded the balloting
s forgeries, sad with great brilliancy obetried, that
Dc" fwere not so the Her. Mr. Keeposhave
bees pissed ia the desk. • gatemenof K.
Whiteside's
Nadas mold not Sad his &muter and his sows to give
ewe enbs7Supea the law came of Mse erown
seee Lewd bY InslseWhig *ad they weld
swt a iliihnesew fee ewe Wsweelen woad be
foal sit wool* bo He w *WM In klieg that, if
*video°, weld: he proithred of • telesnalis Mont on the
pert of say mid, wieseltar he were layers or elsegynan, a
prossertka wealdtbe Meltutsd against him, and the
easyletion of the tiaYagent obtained so fares the law of the
land wash allow. 111 e &weeks of the isewregliat (cuts-
Maned the bolishostionseel) was the** dor tondos,
and he appealed te the soma ems= sewn et arm
=thimi to 'swiss theinstheolendlagh whetitenb-
elks weenies. of hewing K pessenteg
boa anek or the gthersigurpese ass isentreetios to which
that pews* design might be theldmital ? Let oath Juror
pat himself he es Want la the position of Mr. O'Brien
at the period bo Mewed to, end essiskise hew he shall&
have behoved. Les his (the pea fir_ to
be ia anwehensiss of sweet upon a ea/ thst
seem stile at eases anddenly to Mae sod genranolemeed
the metre that a warrant Ike his arrest had been Wash wadi
ho=dr. 011eies's position, has gene to Waterford,
s
suspect, from which packets milled fee Ug-
head over's.: sr mesa boars duriag the day, and frematheme,
if sessowy, mks his et to Frame ? Did Mr. O'Brien
end his kinds (Dills, and jut this ? No; but they
,atat wiry town they pared % harangue the
sad sow they instead that all 'Siert speeches
these plums were spoken for the rupees of ob-
taining the act of the El* topeo proptleest the pease of Mr.
Isies.: The armed of who wore seeembled
Mainahow,being by Mr o'. _ !kW' bloods whether
1 they woad anew hint to be seated, replied dist they would
NS. Was set that pines of widows a doer peed that a sell
W bees made upon the people to resist the 110.011aleat,
MA 10 Whet • rowel purpose ? And whet took rose apes
that call being lead*/ Roadside of sewed sae ineeriajti
wren wp se If oat of the wetly while the dispel end
belh were siesthenseelly nor end beam NOWA uPla
the neighbouring hills. Atter esemisting_upea the Noels
de- dee widow. in wasezion with AS Mernieeteest at
Maillaahose, the Soliaiter.Generel prossedod these width
sift le the 111120 r Ballingerry. The thane ardent Mr.
011ebin was, that he endeavoured ley isms el arms awl
military array to effect a revolution. And did they not Sad
Ms in Mallinahose,Ellisanie, sad Ballingarry with armed
wakkoides ? It was said he widest to protect kbeself
lent west, bat they lowa sentries la his ledgiegs,
Wm Mad la the Meets of Killenaale, end yet bare
Oa Meg NOW did set take place with the troops It we
digs' thee Mr. Widen only wished to protest Morel( taw
emit. The Wesel ginelowea hark; redireed is the letter
When W the Wise Owspeny bygestr =Nes
to genlissate thdr eagerly If his waretab=M
weilsood Whit to the angeoniens sail to haw
been wed by Mr. G'a'seswhisk IoW to the Mel senhiss
baleen the raise and the peer% he was Polballtf=
he eilwhilwe they had fhlias- him • paws •Isse
gee thee gentlemas If the jury had any doubt apes the
gelfisellitee the IMES Oki away 1" were used, let them,
.......c.r.lp.dropsfaaser the benefit of it. The
lbw kik the ewe in the hands of the
11 easeasei al their harity.
MI6 Wails
The Led Mid hides &Mewed his charge to the jury.
willema al Oakley, so the organ of this tribmsl
beiesse nap daty 111116110 yes the aeateace which Y in
=lf Is ask awl ens &sty to Word you in thei
Ilanestatemeatiasam. Ma will restive feethylep '
a mak dispendesek sed 111011111111elasiderstios, width
ipl:l=nes dieweedsown sesta* lase yea were mi. '1
is *Obis elk& to se a men egeoplata sow
rasa. I win met fugaise, nee sees pt he Wreak
I hol ft le le nossoeeny, the irsportsese of the MIS at In
41/01.1 era par WOW aleialliea. I shall pass ins
Marty is the irgio of my duty in ease%
ing a enalest hip that your attest% will be
flied mikashelt WS the evidence you have heard,
sad that seibig whisk you knew or heard before you
enamel Mt awl will have the slightest inflames upoa
yovir eicesmimaffes, ant that it Will be founded, se it ought
as ho, whey spas your eonscientious view of they evident*.
Ti. has bowd that the charge aria% the onesrin ia
owe high tresses, sad it will be my duty, in rst
iambuses, to simplify the subject, so as to enable you
dkiketly to apprehend what the law 11 upon the

THE SPECIAL COMMISSION
TRIAL 'OF MR. W. S. O'BRIEN.
CONVICTION FOR HIGH TREASON.
CLONMEL, OcT. 8.
This morning Mr. Fitzgerald addressed the court and
jury, summing up the ease on behalf of the prisoner, of
whim life, he said, it had pleased Clod to make them tit.,
arbiters. If the jury entertained a doubt of the guilt of the
prisoner they were bound to give hits the benefit of it. Teel
crime with which he was charged was artificial—it was a
mere creation of law, and in too many eases was a mere
fiction. Why his clime had not b^en prosecuted fur the
more obvious offence *Welt he had committed it was not
for him to coriaiture. Whether the explanation of the I
reason for adopting the present proceeding was reserved for
the Solicitor-General, it was not for him to say ; but upon
the reason to bA assigned mien depend the hfe, property,
and honour of his client. His client stood charged with
two offences—levying war against the Queen, and com-
panieg her death. Upon the present indictment, therefore,
as it stood, there were two qutstiocs for the jury to consider
—fleet, whether hi. client did levy war against the Queen ;
and secondly, whether he conspired to levy war against her.
The learned gentleman then went into a long and limbed
argument to 'Tree that no evidence had been produced upon
which his client could be legally convicted. He then went on
teasy that the Attorney-General charged Mr. O'Brien
with having made a speech at •mire.inig held ht March, 1848,
fur the parplee of congratulating the French people upon the
chugs which had taken place in their form of government.
It vu alleged that the clubs were organised immediately
after the return of the deputation from France. Win re was
the meof of that ? The clubs were in existence sn long ago
as Angst, 1847. How were they to be worked ? By or-
gaideatien. Their object was to be cam des catholic 'man-
elystisa was obtained—as the reform bill was won—as the
sea hews were repealed—as every exhibition of the national
mid wee made by those who eMeetained opinions respecting
rallied reforms and politindiamosia He did not dispute au
mrmhation of the clues; but wham was the evidence of intent?
Is mission to the meeting of the mofederation on the 14th
of July, where is the evidence of what heppene I these ?
That meeting alarmed the versimest ; and why, be should
esit. did not the toll the jury all about it ?
These speeches mete by Mr. O'Brien were proved, but the
Ina elsessld MAW they linen made in exciting times—one
lithe Nem& Meektiso—amether when the Treason Felony
Vg 1:21 sod • and whoa Dublin was proclaimed.
thee dwelt u Wes peech of Mr.
OThe'llas ea Lisillithallless Sway, as the openness of
his mom, sod hie rawaseles thst smith, should be done
Ice secret. Who led seembeestel the Monet. Dobhyn ?
Evidence was ghee et the some of the slab, the Red Hand
Club, having been spa am wham ; but was this sufficient
eseldemos of the mistime et the stab What was there to
item a treasonable inte:tae the 22nd of Jule but three
=rdelivered at a of great excitement ?He
ed that the erg el clubs was to show the
tespular streturth, and desediem there was a reference to an
I WOW, appeal. Had set poplar doseastrationa taken
rose is Ireland to show that the poplar will couli not
be resisted ? This was contrary to the s: irit of the consti-
tution, but at each a time as the mno man could
be convictth of omen for sash rte and it would be eery
wpm to make Mr. O'Brien the for the sins of ail.
The radios was, had the tolsener lotendtd to aeeM
most. sod did his arts manifest that titration ? Thelma,'
ilestiemed then proespiod to accumetupea the varicosities*.
mateei in aviaries cm the motet the emirs, and concluded
la whether there was a shape ese ensengst them is
peemiasstestiesaidast agror—the feet of a war.
tarathmd his antatoradthelseswityfor oh protection?
The horsed mama having mate Med that the prevailing
deals all Mr.O'Brisn's @pease was a desire to evade meet.
west es to refer to the myrrh tandehei by me mass eg
thsee .spemhee, with a view to show that they asOM ass
Mast •ma
be sad so•We es trasheerthy aviaries spied his
seesseid troops arrived In frost et
alsidudt, so everwhelmieg mamba of armed
ma The pereisa ma pat, "Do yes mesa to arrest Ks.
fridne l" ad mess a negative reply being given, the dra-
waills IMO sawed to pas ea ashersied and applauded by
the myth Thehersed gudimeati that referred to the
slew- et Dalwarty, with a lbw to peeve that alh
the hob bin aping his Meat, yet therethoug was
sollMo peed whisk me imessistent with the object his
Meat led eadomplated— esseps from meet. There
meld be ma deal% that Os fatal evade which occurred at
meld ewe be the subject of deep sad hitter
=11:70 hie Ant Be that se it man_ how did he act?
!mak* se be (lb Mike) aded at Mollinaheser mend
uslewthewlselseed the mods that had boss attribessil to
him ea thee emealso, h wee ithdo he amid have bees no
party to the dmyg, Me Ob. O'Hara) was halves both
the par awl the peers el rem esti mime thole
wards sass mei by Maio wismet masa, ef beet, or
emitersesh it ose sad,
_am entirely hapswibie he say
cues la his seems to she that ether. Bat it was wholly ha•
malsrial tk hie Nam Whither his east gave that ether
er
ast. Why IllasVel ISWilei lir M. Wades) laboured
M asa sad se MAW pairesialetet? Simply
Mem, their eibmt MisesbelM Om thee he valved
✓l
m.sh les indeed thin the impalstisa ad upon his
ebassailia by the thane that he mils me of voids of
wash be sever *mkt, whisk he mad not am, and
which woe he all reepas terelp beet Me iodisation. and
inteedswa The leased sesames dm referred to the
gress wed salvable lawasiiimles end diesespeaeise in the
widows If lisheesseable Merso—which we saatradishei
by the teatime* of Ocselehle llsheay,
_sod to the feet that
ea erommassisethat of Maras by Kr. Whiteside, when
asked why he did sot dry at Mr. O'Brien, he (Mersa) re.
plied that he did sot bear him see "—.
_That Mr.
O'Brien mover used the weeds them maid sot peed* be the
Wetted desist. the ma was ever so melt to me the., kw
se mem mer maestelsed a greater Miner at bloodshad. or a
men&Math beedlity the invades dproperty than
Me. O'Beisa. Had it sot bees ice the dare War
w the Mimi* Compasy tam was sot a shred et evi-
-1 Isms is the in to p to the jury to madder.
The perm et writing the leder M the misaw empsay
lese le protect their preyerty fres Witty sal
OM the
rem warm in their mime- &odd not wags, kit their cosec.
Meths to him. Bat them it wee said that lie 'shred that
by meat ; bat sorely If a threat were eashisad ia it, II
ma met that et a mesa authority—et ea ampler—sr of a
ermmeoder 00 If the bidi arvelatitm should seemed
leg (be mete) the whole el the property_ of the mia.
otholoST woo* he sesimated. ' But the Joey
timid reediest them WOO to be • real revolatim Is the
sefeWhy—st lesat so it was said—sod he need set veadmi
the Pry what sleet it tweeted ea all et them Miss po.
demetiess were heath ea the suldect:by the Lord I
Sweat Did they sot ell believe that it had setae* hishia
mei beerre they sea heath of the =Muse etas War te
the Maas' Conroy ? Mr. O'Briso thought te week es
the baseiaoum piety, bud he did se eddy mad maim
sleek tee
ir the Ife of(Mr these who lad prebsted him. II I
was d d his . m's) Ai* ha aphis
hem,we MI it tees rim thePf Ailemspeseerel to make est
the Memat smi Übe did set show thwa it ma tremonahle,
se If they miledeMed a Maio Om it wee set essaiseset with
the adiseeme, It was he Ohm to Ma a media of smelt-
ed. With sired to Mr. Duffs Meer, he (Mr. Pb..
semib edelthed that Mr. &Brim labeled to Min shoot
isothipa--bialt was taol!' restore thesingle mostitedes et
* the sisem et repe est et perliameft—
▪ Dalr thseght Xr. O'Brien kept behind, althea,
dims weld mom All his elkat wanted was juetles ei•
miebleted woman to the km ei the land. The learned
✓ofillema UM* seemed Ids fast,
The Chout esseekelfler a fees moments, after which
The Chief heft isid—Mr. O'Briea, I have now to is.
MIS pia *SW you defile to edam the jury you are now'
at liberty to do se ; bet you seance be beard after the Soli.
siter•Genual has mikes. If you wish to do so, the Coed
shell retire ferr a kw Wastes, in order to give you time te
mem& you
Mr. O'BrieM ra—l me am quite content, my lard, to leave my
ma, as it seer Om* to the *mica of the jury, sad am
only anzioas te sall my drake to themfor the patient ateas-
thothey have rem the eigumeate sad evidence glees is
theme..
The Solicitor-General then rose to edam the mart and
Jo* is behalf of the mom. The cameo Merged omitted I
▪ Sof este el the yammer daring the fatal week in July.
They had Meth a pest had of what the legal will et the
peg* wee list be weal set vesture *ea mit a Meri-
no Ist et la seessetha witk emit peeeldillp.
tomees lad bees fragosemiod as m Maid Mom
He dill asemametand the ausig of the plasm iintiriee a
ylds slams under en edit lammed 111. The of
war mud kers been for• 'mewl perm sad set ewe
of a =Wily private seism Wit were Mehl
toto elist a gamed 'Meth hth Wet It=
though a photo sod pommel deed was
up with the lemmediss. He did mgt seek to p bored
the meth of Mae*, 1848. The thew against the
priaoser tem cosseseed with his eels is the het week of
July, bet to arrived a proper Nachdem se te the object it

saltiest ; sad, Irvin 'adore...A the law. you will
be the better able to apply the seldom to It.
Then are two dletleet speaks- et trews stated la Ws In-
dletesent. The ant Ave meats ore far level,* war modest
the Queen within her realm—ohs Met is the compmelag the
death et the Omen. I shin et esie relieve yea from any
oosidelmatios of the last coast, beams shlaimett there is
what, in @Wears of law, Tart be sonsideved evidence to
sastsla that coast, that *Tideless is so Vlach more dis-
tinctly epplicable to the count be levying woe that your at-
Mattel' may be soalned altogether to thatcharge. In order
ts sustain that chine yea must be eatkeed that there was
an lasurreetios with force sad that the object was a
geserel object. It has been contended upon the part
of the primer that there has beau some extrusion of the
doctrine of high tresses in cases width, it was said, are
net properly within the mewing of levying war against
the Queen. I don't enter into any consideration of that
segment; whether the words of Ede% 111 may or may
net have been extended by a constrained construction is not
the Tustin now, because if the evidence upon which the
mown flaies eastains any of the allegations which they
eddies it to support, there was unquestionably au object of
a geseral hied in the case before us—for whether the object
of the Warmth:on wets to effect the repeal of the union or
'free any change in the constitution cf the government of
the realms, or dismember the empire by effecting a raparatim '
of the United Kinedom, end constituting Ireland into a dis-
tinct sonveigoty—whether one, any, or all them,. were the
object, it was plainly mineral, within the wanton of the
term, and therefore the levying of war for its attainment
would be plainly high tramou. I need not advert to the
authorities which have been cited in the course of the

consideration of this cass; but there is one passage of a
judgment of Lord Tenterden, which is distinctly loplics-
ble to the ease before us, namely—that insurrections end
risings to effect by force and numbers, however ill manual
or arranged the course may be, any innovation of a public
nature in which parties had no special cone rn have
been deemed an instance of the actual levying of war. In
Eating the deflaition of the crime of levying of war, and
in stating the words of that authority, I have probably led
yoar minds to the esnsideration of the true distinction which
it is important to keep in mind, and upon which distinction
the defence of the prisoner is rested. He asserts that the
object of recurring to the use of force and the end and object
detailedof all these exertions, which are in the course of the
evidence, was not to effect any general object or political
purpose whatever, but that is was solely and exclusively to
protect kis person from arrest, and I have to tell you that
if tee object of all these meetings was solely and exclu-
sively to protect Mr. O'Brien's person, or the persons of
those who were in his company, he is entitled to your ver-
dict of acquittal. Yea will, therefore, at once see that'
in order to und.ratand either the charge or the defence, it
will rest upon you, upon the consideration of the evidence,
to come to the one or the other of these two conclusions—
was the object of that insurrectionary movement a
general object, or was it tho limited and penned object
of protecting the person of Mr. O'Brien ? But you will obaerve
that 1 have stated to you a proposition, that the personal or
pardeuler object must be exclugye, because if in addition to
that protective! the person from arrest, there was the other
and general purpou which the crown contended ice, the ex-
istence of the particular object is of no moment whatever,
for the moment the general °hied is established, that instant
it becomes high treason, so that you will observe that you
will not only have to e our attention upon that which
conatitntes the defence of the prisoner—viz., whether it was
his object to protect himself from arrest—but also ask your.
selves whether that was exclusively the object of all them
movement. and all this force. The question, no doubt, is
one of intention—did Mr. O'Brien end those who misted
bin intend to save himself from arrest, or did he intend to
effect by force an object of a general character, wheaten a
change in the government, a repeal of the union, or a separa-
tion of Ireland from Great Britain ? It has been complained on
the part of the prisoner that the indictment does not set forth
the evidence upon which the crown relies in support of that
intention which it imputes to Mr. O'Brien, and which it is
bound to establish. The laws do not require that it should
be so. The law does not require that the crown should
state the evidence it intends to adduce of the intention, or
what sate were done, but that one or more of those sets
should be established by two or more credible witness'.
The learned judge, having stated the various overt acts as
laid in the indictment, proceeded to observe that the object
of the prisoner, which depended upon the intention, was
to be disclosed by evidence, of the value and weight of
which the jury alone were the judges. He then con-
tinued as follows: In the case which is now before us
you will observe a period at which one clam of evidence
may be said to terminate and another to commence.
The evidence antecedent to the actual outbreak at
Ballinrarry ens the 25th July is ono in some tv-
*poets contrasted with the evidence subsequent to that period.
The evidence antecedent to that period cannot have any re-
lation to the apprehension of arrest, because during the an.
tecedent period no arrest was or could have been contem-
plated. The evidence subsequently to that period is con-
nected with that apprehension of arrest, and is, I need net
say, the period of greater importance ; for it is during that
period that you are to consider whether the acts of Mr.
O'Brien, or his declarations, or the conduct of thine who
were assisting him, manifest exclusively the object of effec-
tual's, his personal safety, and nothing else; or whether
bey de net manifest en ulterior and general purpose—viz.,
the rupee et effecting a revolution in this country. But
whoa the wales is, what was &I r. O'Brien's intention at
and titer the 26th of July, and when that intention im-
puted ea the pert of the crown is that he then and there-
after lasulhated a genera purpose, and that that purpose
was revolutionary, It Is your duty to look clearly into all
the facts a the ease, with a view to ascertain whether the
prisoner did entertain the intention imputed to him. la
truth, in large patches of our criminal law many ahem w
found to consist altafether in intention ; and I know on
limit to the period at which evidence is admissible of pre-
vious candut, or previous declarations, from which inten-
tion may be imputed. I shall now, gentlemen of the jury,
OA peer attentiob somewhat in detail, to the evidence
emerelesd in the bet et these periods—that is to the evi-
dente which limmineem wiek Me. O'lleion's departure from
Dahlia; and the ON M the dements or sets which is
Om in evidemes h a weekends by Mr. O'Brien at the
Mule Hall es dm 14 hYmi.lB4B. Bat before I advert to
that epos& M h Gee hi babe to Mr. O'Brien to stab
that hem alibi weliense white has transpired there seems
to be se r mod whelever to impute dialoyalty to his, or
any treamsobb beetles or intention up to that period of
time; end it is she right to my, with ceegest to the Leith
Oembieration, that as far as its raise mai Ito este have
trimorked it deeeaet sprier to have bon et a realatiously
ohareseer, either as empires the constitutlem se the objects
Nis bed r. This speech was delivered upon a unsuitable
essmila. The Frank revelatiem had tabs plass within
the pe asediss walk, mil Ws waft was bald so ersgra.
tubas the nark goveramant opts the mat. Kr. O'Brien
premed ea sib= whisk ha mod at that wards& and be
wag eiarweris eau ef the togartadom whisk west to Paris
to premat it.
to the pert el Mr. O'lldss ft was eentended
that hider the estiee el Ms spivs& it did not manifest
soy tzessowahle pawn sr any Millard principle • and
an be ether heed, poregrapbs had ham reed, ich if
the emeshiallett et tie mows was debt, world bow that
day drips_ had be gamed, sal Matan la-
liediss bad misted to arty them Me edheh—mot that
thaw Was any definite plan seeded at that alma, or
any Arad upon 67C our*" it into mcesaties.
it h be you exclusively Os give your erbium
coed bale ma WM. I take it ter
by
that a espy
dthe speech will be mateally weed ea banal at both
sides, se I Rua go through the while it, There is no
dealt it is a abed report, sad perhaps it would be better
far Me to read it over, or as mach of it as has been relied on.
Kr. Whiteside said it was not the practice in criminal
eases to send documents to a jury ; but_ he had no objection
in the trout ease if it wet tudinrtood that those at both
aides would also go before them.
Chief Jades—lt is better perhaps to read the
bearing on the we to the bey. The learned Jas
beamed the peerages at the speech at length ; and having
observed that a cosisidenable portion of it we on a meet.
iag held in Dublin to asagratalate the French nation,
he would mar Omsk the delta, because it did not
bear an hooaleihme beta. The ease a paths relating
to a Commit el These Kasired, the lemliords et Imbed, the
eseambrilary, Ma eablissa, sad the modem et
midst I de as bet it asemmuy pe trouble yes with
easehried mew the props he oontinsed—Oentlemen,
have set lail heard thalweg& reed at the table, but I have
upon seed it tea or thole, OMNI sines, sad dem% fled any
peewit list those whisk woe tamed to by sweet se either
Gem mad yea will say, asestding to Om esasirsetien
to he pat aria them, whelar they eiralba the
of the crown. It appeared drat Kr. O'Brien shoe
that to Paris, and the next madam we have is a epee*
made by him on his rotes. whisk took place on the lib
of April, at the Kestobbl, at whisk Mena. Mosher,
Dillon, Delmar, WOG, and idiom wen eat, • great
of deal 'Lotion was maim to this booms is we
alleged he had been Is ennui with Fremse,
but the only pesesge I shall read is that whisk al-
ludes to O'Gorman. The horned judge then reed the pee-
sap ot the speech in whisk he alluded to his having
left Mr. O'Gorman behind him in Paris. Gentlemen',
these spreoliee are of vast importance, because they indiums
that Yr. O'Brien had some Intention of attaining the objsei
he bad in view.
Mr. Whiteskit—Year lordship forgets to mention that
Mr. O'Brien was prosecuted for the first speech read.
The Chief Justice—Yes, and it was for the jury to act on
that evidence each as it we. The next document to whisk
I shall refer you, gentlemen, is the address from Philadelphia.
His lobby thee referred to the, evidence in allusion to the
uiscovery of the portmanteau and its contents. It braid be
for the jury to say whether the crown had tampered with
the Natant/ of it. As to the position of the witness
Dobbya, he did act regard him as an accomplice, for such
a person participated in the crime, but it would ap-
pear that be joined the club to counter-plot those who were
plotting, and it would be for the jury to cossider this evi-
dence attentively, and say whether it was borne out by pro-I
babilitiss. The witness might he regarded as • spy, but not
an ecoomplies. Hie lordship enteted into a detail of the
evidence of the winter, which has been already folly pub.
Hutted and repeatedly adverted to by counsel. There could
be no question, said hie lordship, that the evidence bad been
properly received ; its consistency and probability were to be
coosidered. Oa the other band, if they considered he was a
Mwitness, and invented a transaction and believed that
ore falsely in one par bular, they should dis-
card all his evidence. He did not say that it
was the duty of the prisoner to disprove the statement of
the witness ; but in the absence of any disproof, and with
the existence of a possibility of the truthfulness of his tes-
timony. It was for the jury to say whether or not he had
sworn falsely.
At halt-past seven o'clock the court was adjourned to next
morning, when his lordship will moms his charge.
Before the adjournment a discussion took place before the
court, jury and weasel, es to the evidence of Dobbyn. One
of the jurors asked how it happened that Dobbya obtained

=missies late tie rem where the war 000ncil were dittos, (Mr. Hodges) being a spy, wee said in a moment of excite-
when he admitted that his club was not called over, and meat, ma was by no moons intended to convey an =pato-
that no= but time num celled were allowed to stop in the tian on the character of that gentleman.
room —The Chief Justice said that that was upon another On the return of the judges to court,
ocusies.—Jeer: It doesapnear oddthat when the Red Hand Mr. Whiteside said—l have now, my lords, to move that
Club was not celled over be wu allowed to remein.—Chiet the witness Dobbyn be recalled, in order to his roceamino.
Juries: You have full notes of the evidence, and you can don to a particular point, which I consider to be of most
read it over in your room.—Mr. O'Briese : It was out of my material interest to the case of my client.
power to get evidence against Dobbyn, for the members of Attorney-Geeeral—What I have to state, my lord, is that,
the waned were hunted down by government having heard certain facts stated with rep-rd to Dobbyn, I
CLONMEL, Ocr. 7. shall not oppose the application of Mr. Whiteside.
The judges took their .eats on the bench this meriting soon Mr. Whiteside—l feel bound, my lord, to thank the
after 9 o'clock. attorney-general and my friend the solicitor-general, for
Mr. O'Brien, alter the jury had been called over, requested their courtesy to this matter, and to say that they have
that be might be allowed to say a few words in reterence to acted with. the highest honour in this case so far, and with
observations that had fallen from him during the trial. Be the utmost anxiety for the pure administration of justice.
had stated that Kr. Hodges, the government reporter, though Theop was then a considerable paw • before the informer
rest= as agent by him and those who attended the meet- made Me appearanee on the table. When he coma on the
ings of public bodies, turned out to be a spy. What he table lee looked at the bench, bowed, rind then took hie seat.
wished to intimate =a, that he thought he had dealt rather
Elo Whiteside (to Dobbyn)—Do you remember being at •
unfairly with them in appearing u a emirs witness, preparedtarm, in the middle of the month of June, at the corner of
to swear that their declarations and speeches were seditious Great George'ostreet 2 Dobbyn : I never was there. —Do
and treasonable. He conceived that Mr. [lodges had cep- post remember being in • t iron or public-house, discussing
pawed in the character of an official reporter merely; but, , the political grievances of leelanetwith two other men ? I
unquestionably, it was not his intention to • convey to the don't recollect that I win.-1)t you know O'Neill's Tavern ?
court and jury that he appeared in a disguised or coacealed Ido not.—Wu there a fourth persen present reading a
character, or in the position of a spy; lie, therefore, dishedlantspaper, whom you after wards discovered to be a person
to withdraw the exoressious that rend been used by him on of the name of Dalton ? Ido not know the name of any .
the iion to whieh he referred. person of the kind.—Did you on that occasion sp ak of the
Teemeae L rd Chief Justice then resumed his charge, es ful- hest means of securing the independence of Ireland ? Never,
lows: Gentlemen of the jury, where we separated lest even. never, never.—Did any two persons say that they
lag I bad re ad over to you the evidence of the witness Dab- were advocates of the policy of the late Daniel O'Con-
bin, as to wham credibdity, and as to whose character, it is for cell by emancipating Ireland by moral force ? Did
you t ) determine. I will not again en err into any details these two, or any two persons represent them-elves as
of those matters by which the crownjou s that hi, testy. Roman Catholics, and did you represent yourself as.a Pro-
wiry has ben confirmed and e irroborated. It is for you, tenant and an Orangeman from the north ? (With it smile)
and you exelusively, to say whether to any and what ezte:.t Never.—Did eon say on that occasion that there was but
tb ~e circuureanees corroborate his testimony and static one way to rid the country from the British dominion, and
bins to credit. Bat one of the jurors baying asked a goes. that was by force of arms ? Never.—Did you refer to the
don, which wee one of vast importance, and which re- late revolution in France, and proclaim yourself a disciple of
jaws to a wilful,r part of his testimony, the bench Jobs Mitchel, and an advoca'e for a tree republic ? Never.
are of opinion that I ought seam to repent my note —Did those three gentlemen in the room apply to the fourth
of his evidence, and you will see whether, as Igo gentleman who was reading the paper, to (beide the ece-
through the details, any ground exiles fur the impute; iroversy ? Such a thing never occurred. I never saw any
don which the discrepancy noticed by one of the jurymen poison reading a paper in that way in a public-house. I
would uei entity suggest. (His lordship then read swear that. lam quite eatisfied of it.—Did y ice afterwards
tuimeh the evidence, and whilst he was doing so
wink to that gentleman to follow you? No. Not to a
Mr. O'Brien appeared to be amusing himself by teking gen:leman slanted Dalton ? On your oath, sir ? Why do
a Awe of a national emblent which ornaments the canopy
you hesitate ? I did not hesitate. It uevor occurred, on
under winch the learned ledges sr.) Toe jeerchiet rier, having my oath.—Did you spent with him alone ? I dii not—Did
concluded reading the evidence, raid, the question i. entirely he reply it was too late ? I never was in conversation with the
tor your cousideration. I shall say nothing more with respuu man at all.—Did you speak to him, or he to you ? Never.—
to his evidence than this, that the object of the fitst meeting Did you reply that he was a right lellow, but that the other
was to have an accurate account of the force of the clubs; two were d—d papists? I did not—Did yon ultimately go
that the object of the second meeting was to mute= how
the proclamation might have been obviated or obstructed ; with this persou into a house to have some refreshment? I
did not you request him to join a club ? I did not.—
xa
and that the object of the third meeting was te elect au Did he say he would be expelled from college if he joined
execative committee, but upon his cross-e
he said it was a council of war, and minatien
being a any club? I never heard any such thing at ail.—Did you
say he ought to know what you meant, end ess him if he
council of war it was agreed that no clergyman would not prefer a government situation te college No, I
would be perfectly untrue if I were to represent to you
was io be upon 'it. This is important evidence, but it never said it.—Did 'yon say he might easily obtain or.e if he
liked, and that he could easily join you in goting up infor-
thot the prosecution or the charge against the prisoner
ra[in]y deoendeel upon your belief of it. It is for you to cation and giving it to government ? Oa my oath I never
used such language, or anything like it in my life.—Did
pposin oar do nut believe P,
believe it. or not. If you believe it, it goes to sustain the You meet by accident the same person De ton in the
case of therosecution, but sin
street about three weeks afterwards ? No.—Did you say
or have any rational doubt as to the truth of the testimony you had bean arranging matters with Colonel brown?
of that man, in either case I tell you explicitly to re- Never, never.—Did you say to him, Till the priests were
jest it item your consideration, not to act urn exterminated and parry put down, things would never be
it, and gilts your verdict as if you had never heard it. I right in belied ? Never.—Did he allude to Mr. O'Brien,
shell now call your attention very shortly to the only other
and say he was more ezimilial than the pepists ? Never.—
document which remains in addition to the addrees from Did you say it was lawful for a papist to commit perjury
Eindscurthy, and that is the report of the meeting of the
Irish league at the Music-hall, on the 19th of July, in the against a protestant, and that you thou fit`t weuld be fair
evening. Upon that occasion Mr. O'Brien made a speech, for a protestant to commit perjury spi papist/ Never.
which, bath on the part of the prisoner and of the croon, has —Did he call you a rascal, and tell you to quit the room?
been so tally commented upon, that Ido not feel it incum- No.—Did you immediately change your tone of voice and
bent upon me to repeat it ; but this is perfectly plain—that manner, end say you were only trying him ; and did you
in part of that speech Mr. O'Brien refers to his having re- then ask him if he did not know you were hu.ubugging
him ? No.—You deny it all ? Ido; it never eccurrod.
viewed the clubs in the south of Ireland. (His lordship Examination concluded.
read the postage in which Mr. O'Brien stated, that at
Carl he had seen 2,000 men as well prepared for action as A young man named Henry Dalton was then sworn and
any at her Majesty's troops, and that he was told lop«, examined oy Mr. Whiteside, and gave the following =Mi-
mi= had promised tom pport him.) And you will find, con- mony : I travelled by an express train from Dublin to this
untied his lordship, in the concluding part of his speech, that town, and have only just armed in Clonmel. I left Dube
although the members of the new body, or many of them, tin at 3 o'clock this morning ; my father held a situation in
the Cashel cathedral; my own business is that of a literary
ight, and the rig ht of others like
were known to be adverse to the formadon of these clubs, he teacher of Trinity College. I was at au time a teacher at
distinct] asserts his own r
him, toy continue the same steps of organisation, and he the Rev. Mr. Iluddart's echeol at Dublin ; I was -also ation,
teacher at Dungannon College, under Dr. Darby ; I have
does not profusethe slightest intention to abandon the for- also taught in the county ; I was resident tutor in the house
mation or organisation of the clubs. There is no manner
of Mr. Pennefather, of Marlow (one of the jurors), in this
and acts, Mr. O'Brien formed the determination, as a
of doubt that, so far as regards the league, its constitution, arnintY'
mi meter of that league and of that body, to act up to and Mr. Whiteside: Do you remember being in a tavern at
pursue that constitutional course; but it is equally certain the corner of Stephen street, 'beat the midule of June last?
I do.—Did any discussion arise in your presence between
that he reserved to himself unlimited power with respect to three persons? Yes.
the clubs. Now we have arrived at what I call the terms- The witness was then confronted with Dobbyn, and de-
nation of the first stage of the evidence. You will recollect
that in the few observations I addressed to you at the open- sired by Mr. Whiteside to say whether he was one of the
three persons he had seen in the tavern. Witness :
Mg of my charge I told you there was a marked distinction Be was, upon mt solemn oath.—Tell the jury what paned
between the evidence as it related to one of the periods and between theset re. persons before I.'n took pan in the
es it related to the other. Up to the present time, that u, conversation. Witness : Two of the three were advocating
up to the period we have now reached, there was no notion
a repeal of the union, and the substance of their remarks
of apprehension of Mr. O'Brien's person, or any attempt to was, that repeal could never be obtained except by the
molest his penile ; and therefore you see up to that time you
cannot expect to find—cerminly it is not to be found—that means advocated by the late Mr. O'Connell—moral force.
there wee a word said which had the least tendency to pro- Dobbyn said that he was a Protestant, and an Orangeman
mote any nuns= co for his personal protection or safety. of the north, and that the independence of Ireland could
Whatever bad occurred before had for its object general pm- never be obtained except by tones of arms. Ile said that
the time had now arrived when a repeal of the union
rue and desigess—whstker they were to effect a repeal of rhaps would not be obtained, and that a republican govern-
theseand, union, or a modiflution of the constitution, or a change
in the government, or to effect a total
one of Inland meat and the principles of John Mitchel would benefit
from England. Whether they were one or the other, or Ireland. He mentioned the name of Smith O'Brien, and said
whatever was their nature or diameter, they we
genetal his policy was too tame. lhati not taken any part in the eon-
sad national objects. It is equaPy true that those objects, venation than ; butthat man asked me what win my opinion?
sameral in their nature, were oentemplated to be effected by I said it was my opinion that agitation was the bane of Ire-
and
organisation of as many of the people of this country as laud, and I attributed my present suffering altogether to it;
I said that I was averse to the plan for a repeal of the union,
amid be prevailed upon to ) out the dub& These chi* and that I signed the petition arainst repeal as a student of
their formation and w•aUan, were to be the means, the Trinity College —Mr. Whiteside:: Did Dobbyn do anything ?
111100, or the power by wide& the general *tact, or what- I noticed him distort his face ; he made some distortion of
Oilt it was, was to be m
m= ; and if that were to before
Mr. O'Brien left for Prom= it will be for you to say what his face. I left, and was going home, when he followed
me and said that the men wished me to have supper with
thee what enteequently ocean= wedn furtherance of that them. I said it was too late, and I must go home. He cant
spited; whether that object was abanoned or whether it that I must oozes; I did go.—Mr. Whiteside: Did he, after
no reference to the titbit object, and was directed
won pen in ; whom, wit" subsequently weaned had that night, say anything to you about joining_ a dub?
Witness : He asked had I joined a dab, or would I. I told
to another mad yditihremt object. Itit was, then of course him I would not join any club, am a notice bad been posted
this antecedent =Moms, mot he of no value whatsoever ;but upon the coUege walls, that any student would be expelled
with rossitogistithis of Dobbin, if you hale,. hie,. who joined a club, and I intended going in for scholarship
he his assanssa the Me ene part of the cro„, on. step the following year. I told him I would lout all my collegiate
farther than the other eviienee. It is not that he has shown prospects. He mid that although I might lose my prcepects
an object different from that =doh the other evidence esta,- there, I might not elsewhere ; and he told me that govern-
blialied—he ,has
proud that **et to be the same • but he sent might appoint me as the head of some colonial college,
has gong further in outing the rem. of hi. eodedentee, as I was fit for it. (Dobbin here smiled.)—Mr. Whiteside:
and he has given evirismes that they were determined, by Did you separate shortly afterwards? Witness : We remained
arms, within a very short tire to break out into actual re- till one emssis'
kaki. and that the tawny min& „men et, ...tire Witness hero =red for a glue of water, as he had been
committee had, b,y its me
hike pledged itself that that out- travelling all nigha
break should take place hike, the Ilth of Augun, at the Examination resumed : How long was it before you sow
him again ? Three or four week*, at the corner of Trinity-
veey farthest. Now, suppoing you do not believe him, end street. He tapped me upon the shoulder, and asked me to
that you from yes memories end pay no regard
whatsoever to whim,. time would still and noted*. take a glum of punch with him, and we went into a house
standing that, mesh, „hat I yekted out to you on the con. for refreshment. I paid for it. Witness here said that he
fusion of Mr. cpierien memoir— the genet.' g end was 'abject to a nervous palpitation of the heart—Mr.
object ; and there would still remain the Whiteside : Have you ever spoken to Mn. O'Brien or his
attorney ? No.—What pasmd upon the occasion to which
of dubs for the ettaloment of that object; end, there- you referred ? Dobbyn asked was Den's Theology read in
fon, when we come to the second series of this evidence,
you will keep what I hey, stated to Two in year mind. - cog
that by Deno, a Roman Catholic was qua-
esmoss, according to the rim you will take of it, it will
tilled to swur and get absolution from a priest
said
render you molusiorue the more or lest certain, as fir es the
gronsd.of those eemineio„ who front the euheeipient trans- for any informations, false or true. lie said that the
anima ; that is, if you find the same means used, and the
lame object propeoW, then in truth it is but a continuation of hdeematt
'goal ifwalyjoinedW °suns
dttinctiet it
rata: rrosmwhiesrmcoenundterthattboth ourge
OUB
the mane plan ; and, though evinced by different evidence, agreed, credit would be attuned bed to it, and the
as ex ending offer different period, it will still he the Isme mars the better. I called him a rascal and a blackguard,
project, lave the ewe, object, end the semi general and and told him to leave the place. He then went oat and
nattonsi character. I shall very stibnite', garough cants he again, and smiling, said he was surprised that a man
the evidence which bears on this important- view of the cue; of my learning could not perceive that he was humbugging.
and pm will remember, and I must repeat it, as it is Caen-' :
Mr. Whiteside • When did you read Dobbyn'e evidence int=
caper ? Witness : On Thursday. I should have said that I men-
UM with nee= to the prioresses defence, that you should
you tionstmay in your thought., cm the subject en which =nod these cdrouseenoom at the time they occurred to others,
you are now to Inquire, these queetioms,—Whether tbe in- and on reading the paper, I raid to them, "Oh ! do you re-
=Traction end the form had a general object, cc whether member
that insurrecticee and force were limited and fined. ex- Cross-examined by the Attorney—You say yon
what I told you a bout Dobbyn.
elusively to the prevention of the arrest of Kr. O'Brien. ve your address to Dobbyn by the light of the lamp?
Thies are them etters for pose emsaideration ; and it is on Yen—Where. do; you reside pow ?;,_ la 27,
üßitozetrzet —t
these
in you have to deride whether the prisoner is Att•trXeweenesw* tie Ira •avei. l'fi DesmondS and
guilty or inureest The lamed Jody then proceeded to he we In the pe"11 e I'm" r. • N "
(line, selling provisions.— here
Mr. O'Brien's departure to= Dublin. He went on to read different tilmes • I was in 19, Di/WM-SUN ; memo-
Wiz to Saw sew" blinds of this *Wass"' commenting with did YOU reads Bil-17-..resiainder of the throe yeah ? Is
the widen= of tbeliee who had reported the "sedum times I filled 'lituatione, and sometimes =staged my
made by Mr. O'Brien and his Mends to their journey 'oda; I have been in lingland.—Where ? In Ural:0001
through Beniecorthy, Kilkenny, Callan, Carrick =Suit, los •
&a., and, having done so, mid :Due the bosoms here used P'
for a situation - which I may say I get, but lost It
afterwards. I engaged with a gentleman named Dove
convey the mind ohs on implosion that the personal eafety
of Mr. O'Brien was the sole and exclusive object of tisane whose residence was called Makmpeue Hall. On goingto
over how be wrote to me in Liverpool to ask if.l wen
meetings and thulawitioast ad"' the language in its fair, an I;isbiaanever• i said I was, and a freeman of the city of
matersf, mad evident impart, convey to the mind the le' Dublin ; and his reply was, that an Irishmen would not suit
Mad= that there was an ulterior general PurPose—• (a laugh).—Sow did you live in Liverpool ? I had two or
purpose of the kind =greeted
by
which may be expressed, -ice the lanage of thesettin
the evidence three pound' with me when I arrived, and earned three or four
by se gup a nightechool.—Where ?In Liverpool.—What
pes's as Disking Ireland a bee and independent nation ?
of Pat
His lordship neat referred to the evidenPatrickname did you pass by _in Liverpool? Mr. Dalton, of mune.—
Attorney-General : 'There is no mistake about that? Wit-
Coughlan, who brought them to Carrick. The learned
judge was proceeding to read the evidence of this witness, M'Dermott, except, as a matter of fact, I lived with a woman
neer: Not the slightest. Since my return I resided with
when Mr. O'Hara came hurriedly into court, sod whispered mimed Kelly, - • pow, ; j few weeksso ;it
opposite r S-row, or IL IF or
Mr. Barton, one of the advising counsel of Mr. O'Brien. was a private how'. I paid M'Dermott 3s. 6d. a-week; I
Mr. Barton immediately neat and said—My lords, may don't teach a school there, but I teach pupils there ; they
I ask yon to suspend your charge for a few moments—The don't corns to me, for the place is too humble for that, but I
Attorney-Oeneral—What isthe matter; what is the object of go to them ; that, however, makes no great difference, for I
thin s ollrikniirn ? Mr. Berton—My lord, the conducting
think as much cl my self ae my examiner' when in college.—
, Kr. Whiteside, and Sir C.O Lsbion, are anxiously A rney-Oeueral : Of course you do. You said you had
engaged this moment in consultation. The Chief Justice— the convereseiou with Dobbyn in June. What was the
can't stop. Mr. O'Brien—My lord, it appears to me that date ? I don't register dates of modern evente.—You
tto
the court is not fully constituted he the absence of Judge wen at O'Neill's you say for four or five hours before
Moore (the learned lord retired a few moments before), the the other men came in. Where you reeding the paper ell
third judge—before whom, es I turn, my co
re umel now are
Chief Justios—We shall certainly wait for Judge Moo ; revolution ?—When did that revolution take place ? When
but it is a mistake to suppose that the court is not fully con- fiat time ? I was. I was reading the history of the French
I said the French revolution, it was not altogether the case,
diluted- After a few minutes Judge Moon entered court, it was the late attempt after a republican form of gourm-
and the learned chief justice recommenced, and was nom- ment when Lamartine wu put out. I know it was about
mend= on Mr. Meagher's speech, when Mr. Whiteside en- the middle of June, by the review in the park. The
tend the court, and, in a hurried manner, applied to their witness has took mon water—Wko paid for the supper
lordships to adjourn the court for a few minute". He I did not. I cannot tell. The bill I suppose was paid by
was not (be said) at liberty, nor did he feel justified, to the other three. How did you know Dobbyn'e name?
mention the reason in epee court, but if the attorney- He told it to me going home. (The witness here
general would retire into the chamber, he would comma- took another glass of water.)—When the man spoke
nbate to him the important informatics he bad received. to you about Trinity College, whet did you my ?
Attorney.Oessul—l ma, of worm, have no objection. I said I was a divinity student—Did you graduate ?
The iludgett otuuri, and jury tan retired to
__,;_their res-, I did not. I have taken my name off the books.
=etre chaszenm—leariall a crowded °min to ~wauuer and Well, I cannot say I took it off—it was struck off
surmise the cause M this eutraardiner7 interrareon. about May last, because I could not pay 71. 10s. for my fees.
[lt was understood that Name Important erinee win sir- —Did you not come in to see Debbyn when he was being
covered in Dublin, relative t°,,_th• char•e,_ tut and Pursuits beot examined just now ? No ! I was told I was wanted, and I
Dobbyn, which would 'ho '''' w to " his person not to came in ; bat, on my oath, not to see Dobbyn or any other
believed co his oath. The intelligence come down by special persom.—Was he pointed out to you ? He was not.
train, and arrived in Clouted about eleven o'clock.] Mr. Potter (Kr. O'Brien's attorney) mid that he had
During the deliberation in =amber, Mr. Smith O'Brien brought the witness into court, and the prisoner's counsel
intimated a wish to speak to Mr. Hodges, government re- sent him out again during D obbyn's examine tion.
Porter, who at one cum= the tattle, and went to the dock, The Attorney--Oeneral,addreseino Dobbyn.—Do you know
where Kr. O'Brien shook him. warmly by the hand, and this &elitism= ? The two widening 'too/ on the table, con-
stated that what he said on the first day wets respect ref Ka e fronting each other. Dobbs-4a my Oath I never saw