The Express.
London, England, 1848-10-14 00:00:00

THE SPECIAL COMMISSION.
TRIAL OF MIL. bi'MANUs.
CLONMEL, Ocr. 12.
The judgestook their s eats on the bench this morning at
a quarter to ten o'clock. The jury hsving been brought iota
court, and counsel for the crown and the defence being pre-
sent, the proceedings in this case were resumed. The court
presented much the same appearance as it did at the early
part of yesterday, the number of persons present being corn
partitively small. We have already gives what era believe to
be the men reasonable and correct explanation of this altera-
tion in the aspect of the cart. and in the feelings of the
people relative to these proceedings. There was no visible
change in the appearance or demeanour of Mr. hi'llaniss.
He still continued to display the utmost cotlams, firoineu,
and composure of manner. Their lordships Laying taken
their orate,
Mr. O'Callaghan stated that when commenting yesterday
on the speech at Muliinahone, attribated to Mr. O'Brien by
constable Williams, and in which he said that any man who
would not show Warms for fear of two years' inicsonment,
was unworthy of the name of an Irishman—he Mr. O'Cal-
laghan) omitted to cell the attention of their ler hips to the
circumstence, that two years' imprisonment was the precise
maximum of punishment which could Ls inflicted under the
met sgainst drilling, the Ist of Geo. IV., is 1.
Chief Justice Blackburn—That is upon those who might
be drilled ; but those who drill are liable to be transported.
Mr. O'Callaghan—Just so, my lord ; Mr. O'Brien by dell-
, ling the people, would be liable to transportation; but those
drilled could be only imprisoned for two years.
The ffelicitorGenual then thee to reply on the part of the
Fosecutien, and after some general observations on the lino
of defence:, taken by the prisoners counsel, proceeded to com-
ment on the partwhich the prisoner tcek in these tea:sections
It wu clear that be was present at them, and took a very pro-
m neat part, next to Mr. O'Brien himself, as one of the
prime movers in the matter. Identified by no less than ten
witnesses as having been present at several of the principal
events of that with, the mater would resolve itself beck
again to this question, and this alone—the character of the
rising. The sodeitor-general then quoted from Foster 211, to
show that all risings in order to effect innovations of a public
or general character by armed forge were, in the construe.
tion of the law, high treason within the clause against levying
war. He would then come to the movements of Mr. O'Brien.
The Solicitoeoeneral having re:erred in detail to the pro-
ceedings of Mr. O'Brien at Mullinahone and Billingarry,
proceeded to say that Mr. M'Manua first appeared on the
scene on Thursday, the 24th of July, when he joined Mr
O'Brien, and co-operated with him is all his subsequent
movements. With what object did Mr. hi'Mmes---• Liver.
pool merchant in independent circumstances—neglect his
business and come over to this remote part of Ireland, where
he was first observed riding about on horseback
with a double-barrelled gun, and idling large masses
of the people, with Smith O'Brien at their heed? The
jury might reasonably inquire of themselves what had
made Mr. Whisaus leave Livery) ,1 in such a hurry ? They
found the prisoner remaining in Ireland, and going down to
the interior of the country to connect himself with an armed
force, as if be actually courted arrest. A witness had been
cross-examined respecting the question of tenant right, but
the prisoner's visit to this courtry could hart had no Immo-
, diate connexion with that subject, or why should he have
proceeded to Tipperary to join Mr. O'Brien ? He would
lay no stress on the uniform found with the prisoner,
further than taking why did Mr. M'Man Is carry
it with him at that particular juncture ? Ile would
ask, was the prisoner's conduct consistent with the
notion that he went to Ballii garry merely to protect his
leader from being arrested on a warrant of the Lord Lieu-
tenant ? Mr. Whlsous was not accounted for by any one
from Dablin or Kilkenoy, and this was recomeelab:e with
the case of the crown. Mr. M'Manus It id shown his me-
nexion with the insurectloury party, by paying (or the
tweed that was purchased for the people tt Mullinahone.
And if these proceedings at Mullinahone did not involve
a levying of open war, he did not know what open war
was. After some further observations on the evidence, the
Solicitor-General concluded.
Their lordships then retired for a tow minutes, and, after
returning into court,
Chief Justice Doherty proceeded to charge the jury. He
said—Gentlemen of the Jury, an apprehension seems to have
been excited that it was the intention of this court
to trespass on your peculiar province, or that we were
about to interfere with the undoubted privilege of the jury
of dealing exelosively with the Credit of the witueues,
and deciding upon the facts deposed to by them. Now let
me at once set your mints et ease oy assuring you
that it is not the wish of any member of the court on this
bench in the slightest degree to interfere with your province
and exclusive duty. And, gentlemen, it ever there was aces
where I think it was unnecessary, by anticipation, for counsel
to suggest such a course, it is the present ; because there is
this peeuiiarity in the case, tha- if there be any dlfieulty in
it, it will only be in applying the law to the facts, and the
facts to the law. As to the facts themselves there is
no material controversy, or as to the credit of the witnesses.
Long es this trial has been protracted, end I am far
tram saying it has b. en unnecessarily protracted, 1
think theirs has seldom been brought before a jury a case
in which there was less impeachment of the ere dit of the
witnesses, or has dispute about the facts that have been
established. Gentlemen, the prisoner at the bar stands
indicted for the crime of high treason, and it may sim-
plify the consideration of that charge to tell you that the
indictment contained six counts, but that one of them is,
by the admission of the crown, altegetber removed from
the case. It Is alleged 'oy the crown that the prisoner