The Express.
London, England, 1848-10-18 00:00:00

THE EXPRESS, WEDNESDAY EVENING, OCTOBER 18, 1848.

eldht It est char to ere oarlV: ea & dele. fir, wt
rabOreele Wart' & der. los to. ahost If
arm the tee dor, at 11 foe. to 3 dro. •40.
Tie Weed oared rd Ilet yaks ranged ilia Us. In 71e. Tee do.
Owe* eve dr. to eta. kr rued mos. Ors real pretty arty
Et $ der dr. to $ EMS Us t rise bolzilimee pasty than ram
Wrest sped ti. rid retry Ire mostly be export ; Is
el doe WOO its le t dd. 141 Y. &Is as dr
dais rims he Omens ; 1 Y. 7e. le I del. lye. for Belabors
Ida. Os Is Idd. ilia. it red terra; end I dol. 12e. kr • lot er
pod wird OW. 47. set Oath opt erased to Ile. to 73e.
a 010.21.1 If ant awry. and bat tare 3 der. lee.
MR Mb eler% erred at 3te. to S3a. Is. earl by
Ibl ISM" Mai les leak ler Mlles. Ilentry, Sea
Szooses—lL 111,srpoil appolgois her lots areal Goer at
Is 30. I. Is id.—ereent keemd hinds cry at the bar
rate ; sour at & ; ems. Is lok, OWL ; rods and @bar
KS art Va. ed. to Ids; rob. b. ed. Os Gorr they am
wry ern, or the paksta 11l op nadir at fad ratee.

The Registrar of St. Jobe, II dawn. mate, " These
tll4 eases were those of a lather sad shisighter, who lived at
No. 13, Surd's-rents, Church street, fit. John's, Southwark.
The latter diced of ' diarrhea, followed bye ovulates; ' the
f Main of • malignant Molars' was attacked at 12 Week on
Friday, Oct. 14, mad died at 4 rat on Saturday. From in.
varlet l have Bede it appean that he was a very sober and
iathistrions m.n ; that he and Ws wife were cleanly in their
babits, bat that one or mother of the famil habeim imp-
otently ill sines they lived Li their present rem There
are, I believe, upwards of 20 homes within fear or five feat
of a filthy open sewer, and this fast nee been meshed, m
eliorated to me (as resistrar) by the inhabitants of those
boomer. The illnem which is caused by so great a miasma
eta hardly he wondered at, for in some plains I do not think
ft is above three feet from their doom. The deceased has left
two children, one not out of danger and the other very ill.
Thee cheer:lateness have been mere impressed on my atten-
tion bff a whit from the medical gentlemen (Melees. Phillips
and Batton), who attended the eases, and eta • as their
tuioa that this open sewer was the principal cause of tke
BIaMINOBAM.—A case of cholera, attended with
atel results, has occurred at Edgbaston, near this town.
A gentleman connected with the bank of Mesas. stewed
and Spooner' was attacked on Saturday evening, and
died early on Monday morning. The entire symptoms 'NM
thee of cholera, and the medical gentlemen called in lam
pronounced the diseme as such. Collapse succeeded this
early a) risptoms, and in that state the patient expired. It is
proper to state that the deceased had not been in good health
for some time. Our correspandent says that at the time his
parcel was despatched on Monday evening the precise nature
of toe disease in this ease was open to some doubt, he, there-
fore, abstained from referring to it ; bat that publicity hav-
ing been given ehewheft, the fairs are here narrated. This
is the only instance of cholera yet reported in this neigh-
bourhood.
EPINbIISOIL—The Edinburgh Courant of Monday
reports •hat sloe. Friday Mx eases have occurred, four of which
have proved fatal. Oa that day there were two fatal cases
in the Canongate, and one in the Orssamarket. On Satur-
day another case took place in the Orammarket, but the
sufferer (a young woman), is now convalescent. Yesterday
morning a man died os the disease in Oulled's Close,
Canoogate, and in the evening a female was carried to the
infirmary suffering from the premonitory' symptoms of the
ep,demic. Several oases occurred on Saturday in Leith,
moat oi which proved Oval. In various parts of the city
cleaning operations are now being carried on, but in the
threatening prospect 'before us, we think, says the editor,
that they ought to he effected in a more rapid and thorough

wanner.
NNWHAVEN, N. B.—Yesterday, a no`ification was
received et the office et the board of health of severefresh
ea•ee oi cholera hev'ng occurred at the fishing village of
Newhaven. near Edinburgh.

near the arebblidirip'e palace wen econ plenty inandated, being
several feet deep in water, and is stay Instaaen the laraatto
were enamelled to make a precipitate retreat from their
d eellings. In Forestreet, which runs from the end of
litisholicwalk to Princeostriet, Vauthatl, a number of poor
families wen driven from their mall habitadors anti
the tide receded and the water had bees pumped out.
The licensed victuallers at Bankside and other parts were
very great suffenn, their collars being completely filled
with water, musing wonahltoalue injury to their goods. At
Vauthall, Battersea, Wandsworth, Chelsea, Idillbank, and
other waterside premises below beid ge Mailer floods conned,
and the damage to property has been very alarming. The
Loadon docks, in some parte, appear to have been visited,
hut immediate steps were taken to check the unexpected
flood. Towards eveniar, when the tide was at its highist
point, the steamboats could scarcely pass under the briers,
and it required great skill in the management of the various
vessels to avoid coming in contact with the stonework. No
accidents of any conseqoence have taken place, although the
property destroyed is hareems.

IRELAND.

PROJECTED EStAFE OF Mk DUFFY.

DUBLIN, Ocr. 17.
All Dublin was thrown last night into a state of
excitement, a report having been circulated during
the evening that Mr. C. G. Duffy had bet n discovered
in an attempt at escape from Newgate. The officers
of the prison, it app ared, had received inf.rmation
leading to that conclusion, at an early hour of the
afternoon, and proceeded to Mr. Duffy's cell to search.
After • scrutinising inquiry, they discovered in a
trunk, in Mr. Duffy's possession, a ladder of rope,
well all artistically made, and of about forty feet
in length, to the extremity of which a single coil rope
of some 40 feet further length was attached. Mr.
Duffy's ladder was of course seized immediately, and
himself removed to a more secure part of Newgate,
where he is confined inn strong cell, double locked
and double guarded. It is said the story of the ladder
came to the authorities through the careless commu-
nication of a nautical friend of Mr. Duffy, who made
the ladder. One of the guards of the gaol is said to
have been offered a sum of money to facilitate the
' Escape of the prisoner. So at least the man reports.

he is rot enprejodie'd, be is, of wont', to be set aside t but
the authority of "the King v. Eimend►" rules decidedly
that the question cannot be staid. To disqualify a juror he
must have some ill.feeling to the prisoner, or Lose formed
some unfavaurable opini in of him and his case.
Mr. Butt.—Th t ajiction to !he juror ism not that he had
formed an opinion, founded on facts of general notoriety, but
that he bad termed an op nion from his having been, en hie
own stakes. at, more or lets mixed up in the inquiry which
took plow into the transaction et Ballinserry.
L rd Chief Justice Blsikburne.—Tae only question for no
is whesher your eltailenee is mairiteinable or not.
Mr. Whiteside.—My challenge is that the juror has form d
an opinion ne to the gull. of the prisoner. The attorney-
general may demur to it or not, as he pleases.
Lord Chief Juice Bleckbarne.—ft is not in our power to
decide contrary to the determination of the e.urt in " the
King v. Edmonds "
The 134ieitoeGeners1.—There is, besides, my lord, the
authority of " the King v. Sheridan," us the same effect.
Counsel for the prisoner were reparing to pot in a chal-
lenge in writing, wbe^ it appeared that the juror's name
appeared on the panel as 't Henry W. Briscoe."—Mr Whi.e.
side said that this description was not sudiciently precise,
cud that the juror must be set aside. "W " wr nut S
name.

A Challenge was herded is to the effect "That Mr.
Meagher challenged Mr. H. Whitby Briscoe because he was
described on the panel as' Henry W. ;' and forth. r, because
he bad formed an opinion of the guilt of the prisoner "
The Attorney General raid the first object', n could not be
maintained, and that he would join issue on the second.
Mr. Samuel Perry and Mr. James Willington were then
sworn triers to decide man the second ground of challenge.
Atter a short argument the court decided against the first
gr nod of chat!, nge.
Mr. Whiteside.—My second objection is that this gentle-
, man has formed an opinion on the case, and I contend that I
thrthe iur
earigneita t
iomaputfthe
rdqure.swtionnit..as
itoewgrohe:nheir,
dhehishasornot
applica-
tion toe pt remission ti put the quo Con to Mr. Briscoe him-
self on the principfe of law wnicb affirmed that the jury
should et ins indifferent to di,. prisoner
After some further discussion en the subject, Chief Justice
Blackburn said : We wish to state the grounds on which
we have come to an opinion on this cheltenge, as it h.• been
sussed that applications acceded to in England are systema-
tically raised:hes e
Mr. Whiteside—No, my lord. I say distinctly that I
stated no such thing.
Chief Justice Blackburn—We are glad to her it.
Mr. Wniteeido--Wbat 1 said was—and I must adhere to
it—that, supposing it were decided that a question could not
be put to the geetlernan himself, the conclusion I !woke of
should follow.
Chief Justice Blaekburne—You will find when the case
comes is be understood that ti ere is not the slightest rule
for thisapplication There We ver was such a challenge received
or formed an this. It is not a challenge imputing tee expres-
sion of au opiniou, but it challenge because he has formed
au opinion," The meaning of the issue here is.—" Hee he
formed such an opinion as ought to disable him front serving
on the jury ?" It is not every opinion that a man may
form of the guilt or innocence of a prisoner that
disables hint from serving o, the jury. It must be a per-
',nal, malicious, and wilful opinion, ti at forms the founda-
tion of a challenge. What the ginleinen sworn have to
try if whether there is such an opinion held by Mr. Briscoe:
and it is on this question it is proposed to • sk evidence of the
person himself. Tho q .eriun it is proposed to ask him is
lust the question which it was solemnly avid unanimously
decided by the Cour: ut Q igen', Bench, after great delibera-
tion in 1821, could not be put. [The learned judge then read
some passages from the decision to which he had referred,
and continued.] I hove now, in conclusion, to observe that
the chancier/ here, which does not impute to the person chal-
len. ed an expression of an opinion, but the formation of an
opinion, is agabot all rule and principle; and that, even if
sae chalkieste lied hi en oteeresi-e framed, the cm of the
King r Edmonds deeides that this question could not, eo
cept in direct violation of law and authority, be put.
The triers then, without a moment's hesitation, found
serainst the challenge. The prisoner's counsel challenged
Mr. Briscoe peremptorily, and he was accordingly est aside.
Several other jurors were challenged. and the twenty chal-
lenges allowed to the prisoner being exhausted, on Mr.
Chadwick coming on the table to be sworn, he was chal-
lenged by the prisoner's attoniey, Mr. Logan.
'et • Attorney-General.—You have challenged twenty
jurors. The challenge cannot be semi teal.
Mr. Whiteside handed in a formal challenge, on parch-
ment, to 'heeled of the mows. It set torch that the pri.
sent r challenged E. Chadwick peremptorily, without show-
ing any cense, and prayed that the said peremptory chellenge
should be allowed.
Lord Chief Justice Blackburn.—The cballerge must be
disallowed.
The challenge, which was put in to raise the same point,
as to the right of the prisoner to challenge beyond twenty, as
was raised on Mr. O'Brien's trial, wes disallowed accordingly..
and Mr. Whiteside then chelleaged the juror for muse. He
alleged that he did not steno indifferent between the crown
and the prisoner. Triers •ere sworn ; but there being no
evidence to establish the allegation of unindifferency, the
triers returned a verdict accordingly ; and Mr. Chadwick
was sworn. Edward Corcoran Milleill was cod red to
stand by in order to save the time of the court, as the conn-
ect for the prisoner were about to object to him because, he
was described on the panel as Edward C. Dlncliio. Mr. J.
Bouchier waiordered to stand by on the part of the crown.
This was the first challenge made by the attorney-general
sines the trials commenced. The following jun was sworn.
to try the prisoner' Jamie Willington Caste Wallington -
Augustus Barfield, Willington Lodge; Runnel Rya);
Annavtlle; Thomas Lyndeer, Lindy, tle; Benjamin Hawk-
phew, Fallon; Nicholas Green, Koocknopoe; Richard
Kennedy, Knockballymaher • Thomas Haden &MIMI',
hill; Edwaree Chadwick, Baliinard ; Benjamin Haw kshaw,
Knockouts ; kohard Hameraly, Bansha House ; Richard
Mason, Clonktnny ; one of the jury is a Roman catholic.
The Clerk of the Crown then arraigned Mr. Meagher in
the usual form. The indictment charged him with levy-
ing war against the Queen at the pound of Balliogorry, at
Mallinahone, at KiUenanle, end at Ferrinrory. The first
live counts Oharged Mr. Meagher with the crime of high
treason, In levying war again' toe Queen. The sixth con-
tained seven overt acts, and charged him with commseing
sad imagining the death of the Queen by tbo acts stated in
the former counts.
The Attorney-General rose to state the case for the pro-e-
-oration. Wnat amounted to an actual Idling of ear against
the Queen the precedimo trials bad settled and ettablished in
law. The assemblaze et a numb, rof means with arms,
whether they made as attack on her Majesty's forces or
not, world amount to a levying of war against the Quad,
preelled the jury were satisfied by the endesos that the
erilisid assemblage contemplated effecting, or (esteeming to
sleet. In the government or constitution any change cat a
public nature. An individual need not be? personally present
sad take a pert in the entire proceedings which were con-
aected with carrying out the treasonable intent. la Mans
tsars was no nob thing as aeoesseem—all were principals ;
and every man therefore who was involved is the arcane-
Moots for levying war was, ill law and fact, guilty of the
mime of treason. If he (the Attorney-General) was right,
he would be able to show that Mr. Meagher took a part
quite sufficient in these transimimis to render him guilty of
a levying of war by his actual presence ; but be was as muck
responsible for some acts that had occurred when he was not
personally present, as if be was actually present and taking a
part in ekes proceedings. The learned Attomry•General
then laid before the jury the substance of seaso-
nal speeches made by the rimer at Conciliation
Hall and elsewhere. He read the yeah of Mr.
Meagher, in propodag the addrus, in which he ex.
horted the people to elect delegates from the thief towns of
Ireland, who seould seek an interview with the Queen; and
that if it were refused they should pack up their court
dresses, cad take solemn oath that the next time they de-
manded admission into the court of St. James's it should be
through the accredited ambassador of an Irish republic. 14
however, the interview were granted, but th it claims re-
jected by the sovereign, he said deliberately that it would
then be their duty to light and desperately fight—that if
the throne stood es a banter between the people and their
indeoendence, his advice would be, " Up with the bard-
cadre, and inn** the God of Battles." From this speech it
was clear that Mr. Meagher contemplated a state of dales@
1 in which it would to desirable that the Irish nation 'beak(
have recourse to arms against the government and the
constituted authorities of the country. On another occa-
sion he said, in al:usion to the flag which be had
brought with him from Paris, that If it were destined to
fan the crimson flames of war England would behold
in its centretke rid hand which airsick her down on the
plains cf Ulster; and he earnestly prayed that Heaven would
consummate the vengeance which such a signal was sure te
kindle. It was altar that the gentleman who delivered theta
very eloquent speeches had a belief In his mind that the
time was not far distant when recourse would be had to
, arms for the liberation of Ireland from English rule. the
lest speech was made the subject of a prosecution for
sedition, which failed, owing to a disagreement of the
jury ; and it was then determined by pvernment to
lnt.'odace a bill, making the composing of a levying of
war, to effect a change in the maned@ et the Sovereign a
felony punishable with transportation for life. Political
clubs extensively suppoetedwereestablishedin large numbere,
and it would be shown that Mr. fdogber went about
night after night and visited them clubs, in order to suer-
ten their strength, and try whether they wee* prepared to
rescue Mr. Mitchel, proprietor of the Untied Irishman,
then under sentenoe, ar d at the same time to commence the
revolution. It was downright nonsense tot ay that tee ob.
jet of those clubs wee merely to rescue Mr. Mitchel, who
was at the time confined in Newgate, and in the immediate
neighbourhood of seven or eight thousand of her Majesty's
troops. Some abort time after the delivery of the speech he
had quoted, Mr. Duffy, the proprietor of the Notion, was
tumid on a similar charge to that for which Mr. asitchel
had been transported. Several other gentlemen were arrested
early In the month of July, ameog them Mr. Martth,
the editor of the !rids Felon 'temperer, Mr. Wil-
t ams, and Mr. O'Doberty. It then became a matter
of consideration with Mr. Meagher and his umiak, as to
wait was to be done—whether those peresee, if convicted,
shouli be allowed to leave the country, and as to whether
the period of their trial was to be *sleeted as the proper tale
to commence the revolution ? One of the mamas assigned
for not rescuing Mr. Mitchel was, that the harvest was not
got in, and consequently there would be no food to sus-
tain the people ; but it would appear by the evi-
,.enct, that etcher on the 14th or 15th of July, a
me^ting of the Confederation was held to decide whether
the period for revolt had arrived. At that meeting the sub-
ject was fully discussed, and et was agreed that the time was
come, and that, at all events, before the Bth of August, the
period at which it was expected the trials would have tenni-
nsted, tne revolution was to emantence. It appeared that
Mr. Meagher himself held a large meeting, at welch there
were several hundred people, at Blievenamon on Juiy 15th.
He (tee Attorney•Gentr ii) would produce a witness—Mr.
Dobbyn—who would prove that le was a member of the

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