The Sun.
London, England, 1812-02-03 00:00:00

manner,

Judge OSBORNE.—We will put the adjournment
out of our -.consideration. We left them in the
hands of Mr. Burrowes. I decided he was not en-,

titled to a copy of them; but any other use he is
certainly entitled to:. We left them in his hands
when we last saw them, and they certainly should
be placed in his hands again.
Mr. BURTON.--I am very sorry that any alterca-
tion should have occurred on the subject. It will
fall to my lot to ask tht, witness some questions. It
is said.they.are not 11P-Donogh's
,notes.; upon read-
ing them it might be necessary to ask him some
farther qkiestions, and to compare Shepherd's testi-
mony with M'llonogh's
The CHIEF JUSTlCE.—Produced, as the notes
were, you certainly had a right to look at them,
and examine Shepherd from them. if you thought
necessary; but if they were not given in evidence,
you had no right to copy them fur any other pur-
pose.

James M`Donogli, a' Clerk in the Heap. Police Of
fice, examined by Serjeant BALL.
This witness swore to his having attended the
meeting in Liffey-street- Chapel, on the 31st of
July, along with the last witness, Shepherd. They
went up 'to the gallery. Dr. Shet idan was ap-
pointed Chairman : he was in- the Chair when they
went in. "
Did you observerny perion address the Meeting ?
—Yes; Thomas Kirwan. The witness then point-
ed out the prisoner.
What, was the subje6t of his address ?—He pro-
posed that an address should be prepared to the
Prince Regent, and a petition to both I-louses •of
Parliament, praying the removal of the Penal Laws,
which are still in existence against the Roman Ca-
tholics of Ireland.
What was the fate of his proposition ?—lt was
seconded by one of the persons present.
Did any person put the question upon it ?—yes ;
Dr. Sheridan, the. Chairman, did, audit was carried
unanimously.
Was there any other motion made ?e---Yes.
By whom ?—By Mr. Kirwan. ,
. What was -it ?:—He moved that five persons should
be appointed to prepare the petitions, and that the
same five persons should represent the Roman Ca-
tholics of the parish in the General Committee.
Was his ,Motion seconded ?—lt. was, and carried.
Was there'any other motion made ?—Yes.
. By Whbin ?—By Mr. Kirwan ; who proposed
that seven per Sons should be chosen to appoint the
five ; but that -none of the seven should be eligible
to be of the five,,
What was the fates of that motion ?—lt was se-
conded and carried. -
Were seven per Sons nominated, pursuant to that
Resolution ?—Yes; Dr. Sheridan nominated one,
that person nominated another, and so on, until the
seven were formed.
Were the seven persons so nominated present ?
I believe they were.
What did they 'do ?—They‘ retired for about ten
minutes from the place where they were standing,
and returned again.
What were their names ?—Dr. Sheridan, Tho-
mas' Kirwan, Henry Edward Taaffe, William Sweet-
man,-and Richard Shiel,
Was Mr. Kirwan's name put ?-=-It Was.
Did Mr. ,Kirwan decline being one of the Com-
mittee ? No.
How did-he behave?—He returned thanks to the
Meeting, and said he world discharge the duty of
the trust reposed in him, to the best of his ability,
or something to that &lea.'
Did yOu hear any thing there of a Proclamation
being issued ?—Yes; early in. the business of the
Meeting, some person was about to make some mo-
tion, when he was interrupted by somebody else,
who asked, " Did you not hear 6t' the Proclamati-
on ?" and said his motion would only: retard the
bitsiness of the day; and the intended motion was
dropt.

Cross-ex3mined, by Mr. BURTON.

YOu were examined at the last trial ?-1 was.
So were Shepherd and Huddleston ?—Yes.
Do yon'take updn yourself 'to gay that any pre-
cise wards were mentioned, when you said in your
evidence, in words to that effect ?—Nu.

Yon were em ,ed to take notes of what passed
there ?--=-Xes:

Who is Your Commanding Officer; was it
• Major Siry?—No.
When did you last see Shepherd's notes s—On
Sunday last.
• Who shewed them to you ?..:Young Mr. Kem-
mis.

Was Shepherd by ?-7-No.
You read them. then ;-I looked over them,.l be-
lieve ; I did not read the whole of them.
Did you know the motive of his giving them to
yon ?—No.
. - •

• , , t .4, •
Of sWearitt tnforimrions ?—t did not 'know that I.
was-i 0 swear t 1), informations when I went there.
So, then, yob did; not know whetlier yop were' to
give informations, or to give evidence )—No; only.
to take‘noies. - '
How many were in the Chapel ?—About` one
hundred. Before the business began, I got a' front
seat in the gallery, opposite the Chairman.
Did you ever take notes before 1--Never. •
Of course when. the business began, you'.
your pencil and..wrote away I—Yes. -
Did Shepherd sit next you 1--Ires:
'He did the same?—Yes. •
Of course. you followed the speeches as exactly
as you could I—Yes, as nearly as I 'could.
You never altered Meth after-Ward but to
put it into writlnt,cr.
" SO then yon-dictcopy.your notes afterwardo—
.

Did Shepherd do the same;—Yes.
And did you and he'nevereomp,:lre your notes ?
—NO ;' I did not copy the whole of mine at the

Did' your notes and Shepherd's agree ?—There
was alittle difference.
:Did you ever see Mr. Kirwan before that-day ?
—No.

Did you ever see Dr. Breen•before ?—Yes I saw
m several times before.
You knew him than ?—Yes; but I did not see
in that day. I heard. his name as one of the seven
persons nominated. •
Did you swear he. was. there ?—On my return
from the Chapel, I passed. on with Shepherd to-
wards home, I think,l saw Doao(Breen come out
of the 'Chapel with the crowd ; and' befOre I left
the Chapel, I heard Doetor Breen's nathe. I men,.
tioned it.at the same time to Shepherd.' . •
You did contrive to swear, in your informations,
I hat Dr. Breen was one of the seven who retied ?
—Yes, I believed'he was there, but I did not see
nin).

Did you not swear that all the seven retired
Yes; but I did not know them all.
Did you put into the information all you
.had on
your pencil, or did you transpose any part of, it
No.

Do you know the meaning of the word trans-
pose ?—No answer.
When did you first see Shepherd's notes ?—The
dap he copied them; and I saw them the day he
swore ins iniprmalion, and again last Sunday.
They are not word for word the same as yours ?
—No.

You forgot when you said upon the last trial that
you took no dotes ?—I believe I did not.
[Here Mr. Burton read from Ridgway's Report
of the Trial of Dr. Sheridan,.part of the evidence of
the witness, which, it was' relied upon by Counsel
for Traverser, was in dired -coniradiCtion to his pie.
sent testimony.]
You then swear you never made a copy of your
notes, or took an abstrajt from them ?—Never ; but
the informations which I swore.
If you did say it before this, it was not the truth ?
—I copied part Of them.
Was the word represent used at all ?—I am per-

tain it was.
Did that certain knowledge come to you in your
sleep, or from any other person since the last trial ?
—I have seen nothing but the information since the
last trial.
You saw them- before last- trial ?—Yes, some
short time..
You took them word for word, and yet, as on the
last trial, you sa►d you were not positive?—l could
not positively say Wien.
Have you talked with any person about this
since ?—None, but with Mr. Kemmis, last Sunday.
Why, I thought he only, asked you if you knew
Shepheld's notes ?—1 did not say that was all which
he said to me.
What else then did he say to you ?—He asked me
to repeat part of the Particulars which took place.
Is it that circumstance which has refreshed your
memory ?—I received no farther instructions from
him. The reading the information refreshed my

memory.
You say you know the meaning of the word
represent ?—Yes.
Did it make a strong impression en your mind,
when you first heard of it ?—I cannot say it did.
You could not be positive before ?-Na ; but I

am now.
Upon the last trial .you,said the word was "pre-
sent" or " represent ?"—No, I did not ; I recol-
lect perfectly well what I said then.
You heard the motion put from the chair, with
the word " represent ?"—lt was put by Dr. She-
ridan.

Did you not say, half an hour ago, you did not
recollect whether it was put or not ?—No.
Du you recoiled you told Serjeant Ball you ,could
not recoiled ? do not think I did.`
Recollect—you are amending and altering your
evidence—will you now swear that Dr. Stieridan
put the motion, with the word " represent-?"--1
believe he did.
You have said that a resohition was.proposed and
withdrawn and something said about a 0-Oda:nation ?
—Yes.

Have you a precise recolleClion of that ?—Some •
person was about to move it. •
But no words of the resolution were mentioned
.•—No, I believe not.
Why, you took notes when this motion was
made ; tell me what they were ?--Some person was
about to make it.-
Did you -not say this moment the motion - was
actually made ?—No, I did not say it was actually.
What distinction do you make.between " made"
and " aaually made ;" I want you to say it was or-
, it was not made ?—lt was pronounced or said.
Have you riot said you took the substance of what.
took pace ?—I do not tecolled.
Then you are under an uncertainty whether the
_the
.motion Was made or withdrawn ?—He was in-'
terropted; and could only say a word or two.
Can you recoiled what that word or two was ?
No.
Since your last trial you have refreshed your me-
momory—have you read Mr. Ridgway's or any other
tepOrt of the trial might have seen a report in
the newspapers, but 1 am not positive.
You said-upon the last trial that you not read
the report saw it, but did not read it.
[Here Mr. Ridgway's report was read.]—I took
it inerel)> out of my desk to refresh my memory,
hilt did not n.a,l it

T3y the CO-uaT.-1.-ou swear positiyely the word,
"represent", was in the secand resolution;—why
were you not. positive of this'u'pnn the last trial"?—
Because I read the report later now than betore.

Then it was:from reading the informations .you
refreshed your memory ?—lt was. , •
TheATTORNEY-OHNERAL—Upon
,the last trial
the question at law W3S understood to he the only
question ,contested ;, we therefore,did not then give
the. proclamation, which issued on that day. It
evident.that the procldniation was a:iuded to at the
Meeting, which eunneaed it with the evi:lence.
Bußaowris.—Ladmit. it to be given es evi-
dence, although, in fad, it wasnotissued until the
evening of the day before the meeting.
Here the case was closed on the part of die
Crown... • „

Mr. BURRoWES.--Before I enter upon the de-
fence, I must inform the Court, there. i; a final va-
riance ,between the evidence and. the.,indiament
and:it is with the utmost.auxiety I state it, that the -
public. mind .may. have a respite from the agonizing-
suspense Which" it so acutely feels.
[Here; Mr. ißurrowes was. interrupted by the
Court, who wished to know if he was speaking to -
evidence ?] -
I wish to state a.preVious objefiion to the india-r
ment, which, if I have the Court with me, will put
auseud..at onre,,to those proceedings. I am now
going,to the Convention Act, not with a view of
controverting, in any manner, any position laid down
hx the Attorney General:; bull am assumingahat the
Act bars every species of delegation whatever; and pur-
suing that, I thiuk.l cart, shew the Court a decided va-
riance bet weenthe ease and-what is spread upon the
record. I will read the Alt to establish Oils position.
It appears to.me to be indispensably nt.‘cessat y to der
stgnate the place or-district for _which che Electors
are arraigned for violating the Act, and, if not desig-
rimed: the indictment would be bad. A district has
been designed, and the evidenCe has been applied io
xdistrict distinct from it.. The Learned Advocate -
then stated the point upon which he relied : that
the offence' was stated to be a representation for the k
parish of St.:Mary, in the county of the city of
_Dub-
; but although the Protestant parish of St. Ma-

rys is in Dublin, yet it was in evidence that the Ro-
man 'Catholic .parish of St. Marys,
,as stated in the
iodictment,,included the Protestant parishes of St.
Mary, St-Thomas, and St. George, and that the
latter parish is not situated in the city but in the
county of Dublin.
The Court having Consulted for some time, The
Chief Justice said, than upon consideration they
were disposed to reserve the point for their own
opinion alter they left the Court ; that at prese4
they wereinclined to consider it fit to go to a Jury
on the evidente, to'see if they found the district to
the resolutions meant nothing but a district in the
City of Dublin, and tor, that meaning to be subse-
quently a4led on in the a6tion.
--There was another objection urged by Mr. Perrin,
on which much debate took place. The Judges
thought it better to let it •lie over, with the other,
,for consideration, and that Mr. Burrowes should go.
on with the statement of his case. •
Mr. BURROWES then commenced his statement,
At halt-past one he concluded, and the.CLIIEN
JUSTICE proceeded. to, charge the Jury, explaining
to them the provisions of the Convention Act at
some length.
The Jury then retired, and after being out fifteen
minutes, retur:t;ed with a verdict of GUILTY.
Although the Court was exceedingly crowded, it
was cleared without difficulty or disturbance.

Dispatches wereyesterday received at the Admit. 6
ratty, containing the pleasing advice of .the capture
of another French frigate in the Mediterranean, by
his Majesty's ship Eagle, of seventy-four guns, Cap.
tam RO.‘ir:l.EYt Report says, that this frigate form-
ed a part of a:squadron of three ships of the -same
description, 'one of which ran aground, and the third
is probably that which we have already stated to -
have been so gallantly captured by the iietive
gate, Captain GORDON, in the same seas.
We feel much regret that we have hot room tWs
day for the 'LAST CHARGE which Sir JAMES MACK..
INTOSH delivered hi his capacity of Recorder of Bom-
bay, announcing his ensuing
.departUre; as it is
marked by that acumen, philosophic spirit, vigorous
intellea, knowledge, and eloquence, which have
always distinguished that Gentleman. At the
close of the Sessions, the Foreman of the Grand,
. Jury deliVered a letter to the Recorder, testifying their
high sense of - the merits of his 'character, judicial
and private, which received an answer expressed
with great feeling, elegance, and dignity. We.shall
take the first opportunity of presenting these inte-
resting documents to our readers.
THE THEATRE.-The new drama, entitled The
Virgin of the Sun, was repeated on Saturday last at
Cot eat Garden Theatre. It was so judi6ously cur-
tailed that the interest was not lessened, though it
was shortened full three quartets of att hour. in 'the
reptesentatian. The music, which we had not be-
fore an opportunity of noticing, is highly cre-
ditable to the taste, sciet.ce, ned expression of
Bisuor. We regret that the public,' as well as the
ingenious Composer, had not an oppottunity of hear-
ing,his wife's fine vocal powers in. a workthat is so
honourable to himself. ri he piece was received by
a crowded audience with the greatest applause.
The Performers of Covent Garden Theatre, much
to their credit, have entered into a liberal subscrip-
tion for the Widow and Children of LACY., the mu-
sician, whose sudden death we recently announced.
It is but justice to the theatrical community in ge-
. neral;eto state, that they are always prompt tend
zealous on such occasions.