The Sun.
London, England, 1812-08-13 00:00:00

ina.-nalth, but that the several places from whence
the shots were fired on tbe military were all in the
County of. 'ryione-; of coarse the indictment
against the prisoners could not be sustained.

BARON :t I'CI:ELLAND'S CHARGE.

Gentlemen of the ur y—l n this case the offence
is lai4 to have been committed in the county Ter-
-
managh, and it appears in evidence, that crime
'was perpetrated in the county Tyrone, theiefOre,
in point of raw; the indictment is .not supported.,
and it is your duty to aCquit the prisoner. I.3tif•O
Gentle Men„ I shall take care in this 'singularly
atrocious case, justice shall not be defeated. I
shall order the prisoner to be transmitted to Ar-
magh, to take his trial at the ensuing A ssi zes .
Gentlemen, I cannot refrain from most deeply
lamenting the miserable and alarming situation
to which this country' is reduced. Were it not
for what has sppeared in evidence before me at
the present Assize's, I should have considered it
almost incredible,. that Yeomen, who have been
entrusted by Government•with arms for the pre-'
tection of the 'public peace—Yeoinen, too, who
have taken a solemn Oath of, Allegiance to his
Majesty, by which they are bound to preserve
the'peace of the county—that they should have
the audacity' of appearing in open arms in open
day, A,ND ACTUALLY FIRING- UPON HIS MAJESTY'S
TROOPS

Gentlemen, the Witness, on his erois-exami-
nation, truly and euiphatically called' the members
of the. corps, who, on the day laid in the indict-
,ment, fired on the staiers of the Cornwall regi-.
menti Rehels, Yes, Gentlemen, in the legal Ac-
ceptaioz and true sense of the. word,' they are
Rebels ! and I hope that every person in this
country ivill from henceforward be convinced;
that those Yeomen, by the act of taking up arms.
against the King's forces, became traitors't6 their'
King and Country. Until the late traitorous acts
of some or the Yeomen, here, I •entertained, the
highest Opittion of the loyalty of the inhabitants
of the County l'ermanagh----but if the Magistrates
and Gentle Men of this County will not, by their
active' exertions, put down this daring and law-
less spirit of riot and rebellion,
,the inhabitants of
the County Ferfnanagh will become as remark-
able for their disloyalty, as they were hitherto
justly praiied for their. attachment to the King
arid Constitution.

Gentlemen, ftxl it necessal-4y that some steps
should be immediately taken to make an example
of the persons concerned in this daring outrage.
I should hope that the Officer
.commanding the
corps %voirld institute an inquire into the transac-
tion, and strip the delinquent Yeomtn of those
arms which,-by their rebellious conduct on the
Sth of October last, they have disgraced—and,
by thus purging the corps of its itaproper mem-
bers, the county would be restored to peace, and
continue to maintain the h?gh character whichfor -
Melly belonged to it.
Gentlemen, these observations do not relate to"
the trial in question. I began by telling yod that
you must acquit the prisoners. We have no ju-
risdiction to try them for the. offkce in, this
County ; but I conceiv:;d I Would not properly
discharge my duty, if I did not call on the Ma-
gistrates and Gentlemen of the Coinity to suppress;
this daring and illegal -spirit of outrage, and to
protect his Majesty's Revenue Officers in the're-
catioin of their duty.
The Jury acquitted the prisoners.
The prisoner, Owen Donelly. was transmitted
to Omagh, and tried at the assizes held there for
the county Tyrone, for the offence, as stated in
the indictment. He was acquitted of .the capital
charge, and found guilty of a riot, and
.sentenee&
to six months imprisonment.
Mr. COLE, for the prisoner, pleaded " Anter-
fbit's Acquit," Mid argued the point with consi-
'derable ability.
Mr. Justice MAYNE overruled the plea, but
saved
,the point for the decision of the twelve
Judges.
The witness, Killdea, swore .positively, on the
second " that be had been turned out of
Captain- Lendrum's Yeomanry Corps for • giving
information against the persons who fired on the
military and revenue officers."
Captain Lendrum iss-a Yeomanry Commander„
and a Magistrate of the County of Fermanagh.
now long he shall be permitted to continue to
hold his rank (if Kilidea has sworn true) is the
business of the Chancellor of Ireland, and of- the
ComMander of the foirces. Me Dublin 'Evening
Post has done its auty, by holding out to public
reprobation the affectedly loyal delinquents ; and
we feel happy in having the facts, contained in
our former statements, corroborated by the legal
opinion of an able and learned Judge, publicly
and officially given ; namely, that Fermanagh
Orange Loyalty was illustrated by acts of felony
and rebellion—That the yeomen, who fired' upon
the military, were, in the true sense of the word,
Rebels r!

An order, it is understood, has been ,received
at Portsmouth for the removal 7000 ksrencli
soners, from'the depots there to the new prison
near Edinburgh. The instruction expresseS, that
mine but' soldiers are to be sent.
. From the officers of several Men of war, which
are arrived from the coast of Spain, we learn, that
in the glorious affair of Salamanca, the enemy's
artillery was canjed.by.some desperate charges of
our cavalry, vhf, had excellent. ground for their
exertions, and who bore • down every thing op-
posed to them. Towards the end of the affair,
the enemy declined the combat in every part of
the line, and sought safety in retreat. The Spa-
nish cavalry under Sanchez came up to the, several
charges with great gallantry.

• _ _
AUG. 6.—This morning the ptillie cu-
riosity was much► excited by the arrival of the first
body of French prisoners, amounting to
They were landed #t Dundee, from the Matilda
transport, on WedneSday, an d immediately marched
to inelithre, where they lay all night. They ami;ain
marched- at fOur in the morning, and .after passing
thvough the town; reached, the depot about nine.
They were escorted by parties of the Durham and
Fifeshire Militia. One prison had been complete-
ly prepared for them, though the whole of
depot is not yet finished.