The Sun.
London, England, 1848-10-17 00:00:00

N OCTOBER 17, 1848.

IRELAND.

DUBLIN, MONDAY AFTERNOON.—The city memo-
rial on behalf of Smith O'Brien was presented to the
Lord-Lieutenant this day. His Excellency replied
that no final answer could be given pending the other
trials at Clonmel and the writ of error ; but that full
consideration would be given to the merciful recom-
mendation of the jury.
The inference is, that Smith O'Brien's life will be
spared.

A discovery has been made of an attempt by Duffey
to escape from Newgate.

CLONMSL, OCT. 15.—The proceedings in the court
during the last few days presented few features of in-
terest, but during the ensuing week they are likely to
bear a different aspect. After some doubt and hesi-
tation, the Crown have resolved to proceed with the
trial f Mr. Meagher, which probably will occupy
four or five days. There is great interest felt as to
his fate, and the result is looked for with much anxiety.
At one of the Catholic chapels the prayers of the con-
gregation, at the instance of the officiating clergy-
man, were offered up for him, as also for Smith
O'Brien, Mr. M'Manus, and Mr. O'Donohue. When
Mr. Meagher's case is disposed of the present prisoners
arraigned at the opening of the commission will still
remain for trial. There was a rumour that these
men would plead guilty, but they do not intend to do
so. They will not even consent to join in their
challenges, and the consequence may be, that at the
conclusion of the week a considerable share of business
will remain undisposed of. The garrison in this town
is to be strengthened by an additional force of 400
Rifles.

34.,,Dousrtr.—The following extracts are taken
frOm a letter addressed by Mr. Doheny to the pro-
prietor of the Tipperary vindicator:—
"Paris, Oct. 5, 1848.
I' My dear Lenahan,—l thank/you very kindly for
i*eseuing my name and character from calumny. But
.w,hile I am unaffectedly grateful to you, I feel so sensi-
tive opt ono part of the subject with which my name has
boon connected, that I must beg to be allowed to state
distinctly how the matter stood.
" When first I saw it stated that it was I who urged
on Mr. O'Brien, I was most desirous to correct the
mistake. But he was then a prisoner, and I knew not
what effect the statement might have on his fate. Be-
sides the chances were that I would share that fate, and
then I could at the last moment set the matter right.
" Both reasons now cease to exist, and therefore once
for all I take leave to state openly what part I actually
took in the late proceedings.
" It is true I was remaining out of the way, as you
state, when my comrades threw themselves upon the
country. It is true, also, that I was not only ignorant
of their purpose, but actually ignorant of its cause,
namely, the suspension of the Habeas Corpus Act.
" The first thing I.heard of their movements was a
message from home, which I received at midnight,
stating that some of the Confederates had arrived there
in search of Mr. O'Brien, who had left for the country.
I immediately rode off to Carrick, hoping I would meet
him there. He was at the same time crossing by an-
other direction to Cashel. I learned tat Carrick what
occurred there the night before; and for the first time
became alarmed for the cause of my country. . . .
" Many ridiculous and false stories have been told of
our differences, and our proposals to deal summarily
with Mr. O'Brien. Ws did differ, it is true; but those
who differed most widely from Mr. O'Brien accorded to
him their admiration for the chivalry of his nature and
the thorough nobility of the principles which guided
him.

" We then separated for the last time, but with his
concurrence also. From that hour forth I determined to
act for myself and on my own principle
" I remained for five or six days on Slievenamon
mountain, determined, at all events, not to be arrested
alive. I afterwards changed to the stounty Waterford
side
personally interesting, shall not here be alluded to.
James Stevens, who was said to be dead and buried,
shared my risk, and, thank God, now shares with me the
hospitality of the French Republic. He and another.
who yet can speak if need be, will attest for me that I
only abandoned the cause of my country when that cause
became utterly hopeless. What cowards said about my
treachery, to screen themselves, gave me little trouble.
The charge originated with a newspaper that exists by
public pollution, and on that account adequately repre-
sents the British Government in Ireland.

" May I•take this opportunit) of offering my public
thanks to those generous, devoted, and brave men who
assiited me ? Any day for six weeks I could have been
sold dearly by hundreds of men on the very brick of
starvation. May God bless and save them. . . . I
shat( reserve to myself tha task of vindicating openly
the conduct of my cornrades'when the fate of thoso on
trial shall be decided. . . . .

"I remain yours very sincerely,
"MICHAEL DOHENY."
On the subject of the decision of the Irish law-
officers respecting the writ of error, the Freeman's
Journal contains the following:—
" The preliminaries ter the issue of the writ have been
perfected by Mr. O'Brien's legal advisers, and the ne-
cessary documents have been lodged in the proper
quarter for some days ; but it is said the Irish law
officers are unwilling to let the writ issue. They have
been silent all through the past week. There was a
art of tacit understanding that on Saturday the course
of tte Crown would be determined. We waited for Sa-
turday, and still nothing has been done. There is no
voice from Clonmel—none from the Castle—no deter-
miztatioh one way or the other. The usual practice
is to admit the writ when the causes of
error are sanctioned and certified by counsel
pledging, as it were, their experience, learning, and
judgment, to the sufficiency of the reasons assigned to
have the proceedings revised by a court of appeal. In
all civil and criminal cases, not amounting to treason or
felony, the writ is a matter of right; but in the more
important classes of offences the Crown claims its prero-
gative, and may withhold the writ. It rarely does so,
however, when a prima facie case is made out, and cer-
tified as such by competent authorities."
THE TRIAL OF MR. T. F. MEAGIIER.
On Saturday Mr. E. 'fronton and Mr. Martin J.
Burke, who were confined in Newgate under the sus-
pension of the Habeas Corpus Act, were sent to Clon-
mel by railway. The parties were summoned on be-
half of Mr. Thomas F. Meagher, to be examined as
witnesses on his trial, which it is expected will com-
mence this day.
Letters from Clonmel state that Meagher's trial
cannot conclude before Friday evening next.

THE STATE PRISONERS.
The Freeman's Journcd has the following in a
letter from Clonmel, dated Sunday evening
A gentleman, who spent a considerable time with
Mr. O'Brien yesterday, states, that nothing could be
more admirable than his fortitude and manly bearing
under the painful and dangerous circumstances in which
he is placed. His manner is as composed, and his mind
as cheerful, as if he were a free man, instead of one
whose lite is at the disposal of another. In nothing is
he altered, neither in mind, manner, nor appearance.
Mrs. O'Brien spends every moment she can with him,
and if he required solace or support, he would find in her
one admirably qualified to impart both. Did pain or
anguish wring his brow,' he would indeed experience in
her a ' ministering angel.' He has not been removed
from the apartments he occupied before his conviction.
" MESSRS. M•MANIIS AND O'DONOHUE.—It is pro-
bable that these gentlemen will be brought up for sen-
tence in the morning. That sentence must, of course,
be death, but I believe they will be prepared to hear it
without blenching, and as becomes men.
" STRENGTHENING THE GARRISON.--I understand
that 401 of the Rifles are ordered to this town imme-
diately, it having been resolved to increase the strength
of the garrison here. What is the object of this ?
Could it have any relation to a scene which the humanity
and good feeling of every man in the country deprecates?
I can scarcely think it possible."

house at daybreak on the morning of the 29th of July;
he was accompanied by Mr. Meagher and Mr. Leyne.
Mr. Meagher and Mr. O'Donohoe went to bed, and
Mr. Leyne laid his head on the bed, and fell asleep.
Mr. Meagher and Mr. O'Donohoe slept in the same bed.
They got up between ten and eleven o'clock, breakfasted,
and between twelve and ono o'clock went out and up to
the bill. 'I he three gentlemen and witness sat down on
the hill. They went higher up the hill afterwards, as it
was chilly, and remained there till about three o'clock.
The hill was a good place to have a view of the sur-
rounding country; they moved up the hill a piece for
exercise, as the day was rather chilly. I saw a pistol on
the mantel-piece, but was sure they had no more arms.
Saw the pistol afterwards on the bill in Mr.O'Donohoe's
hand; he said, " Meagher, this pistol is no use." Mr.
Meagher nodded his head, and said something like,
" What difference is it? it makes no matter."

Mary Maher, servant of the last witness, confirmed his
statement.

Miss Johanna Wickham said that her father kept a
shop at Mullinahone, and that on the first evening of
O'Brien's being there the prisoner came to their house
and slept. Ile went to bed at ten o'clock. Witness
remained up all night, and !was certain he never went
out. There wer men walking about in the streets, but
no marching irelinf, form, dress, or anything of the
kind. Witness leltrisoner out in the morning through
the ball door, aele paid her as he went out for his
lodging.

Mr.'hurr, Q.C., then proceeded to address the jury
on behalf of the prisoner in a lengthy and most able
speech, said by many to be superior to that delivered
for Mr. O'Brien by Mr. Whiteside. On the part of the
prisoner, he denied that the alleged proceedings at Mul-
linahone—the midnight drilling and military array—
ever took place. He utterly denied that the prisoner was
present at Farrinrory when the police were attacked; and
he submitted that the jury could not possibly believe,
upon the evidence, that he was present on the latter oc-
casion. As to the other transactions, without admitting
the accuracy of all the details substantially, he admitted
that evidence for the Crown had given a correct account
of them. lie contended that not one syllable of the
evidence of Timothy Sullivan ought to be believed,
not only because Miss Wickham bad contradicted
it, but on account of his manner being that of
a man who was from the beginning to the
end sedulously concealing the truth. Nor was that
all, he had made another deposition which had been sup-
pressed. That deposition was sent back from the Castle
because it was not full enough, and the witness being at
the time buoyed up with the hope of reward, was asked
if he could give no evidence about drilling. The evi-
dence of the man grew as the exigencies of the Crown
required it, and there was no fact required to support
the indictment which his memory would not furnish. By
law every person on his trial was entitled to a copy of
the information sworn by the Crown witnesses. Here
Mr. Despard had taken an information, but does not re-
turn it to the party to whom he was [bound to return it,
the clerk of the Crown, but sends it to Dublin Castle.
He received an acknowledgment for it, and, if he be-
lieved Mr. Redington, it is sent to the Crown Solicitor,
but it had never been heard of since. He imputed
nothing to the gentlemen who so ably conducted the pro-
secution for the Crown, but still be must say that this
transaction ought to be explained, for it threw a suspi-
cion upon the administration of the law which entitled
him to assert that his client had not had fair play on this
solemn trial for life. Mr. Kemmis had been produced,
but he had told them nothing ; of the other persons who
could explain this matter—Mr. Dunne, Mr. Brownrigg,
and Mr. Despard—not one of them was brought for-
ward. If they had, it was not unreasonable to suppose
that they might have disclosed matters which would
have thrown discredit upon the witnesses. He
cautioned them generally against the evidence for
the prosecution, for in a country where the people
were so poverty-stricken and so demoralised, when
the Crown bid for evidence it was sure to get
it. He next impeached the evidence of Moran and
Carroll, the policemen, the greater part of which was
flatly contradicted by the manly and straightforward
evidence of Hanrahan, whom he had put upon the table
with great reluctance, as he would be subject to an in
dictment for harbouring proclaimed persons. Admit-
ting other portions of the evidence to be true, the jury
would then have to say whether the acts with which they
believed the prisoner to have been connected amounted
to the crime charged in the indictment. It was a mixed
question of fact and law; and the facts being proved, it
was the business of the jury to apply them to the law.
This was not a general charge of treason; the law would
not allow any man's life to be imperilled on such a vague
charge, and it was a rule of law that every man should
be put upon trial for his life on an express and definite
charge. If, therefore, they had a general notion that the
prisoner was guilty of treason, and they found him
guilty on that notion, be would not have been tried ac-
cording to law. If, then, they could not conscientiously
say that the prisoner was guilty of the positive, specific,
and precise charge—no matter how culpable they might
otherwise consider him—they must return a verdict of
acquittal. They could not try this ewe as they would
one of compassing the - death of the Sovereign,
but must find a verdict of acquittal. unless
they had it on evidence that there was an actual
levying of war. And this levying of war must have
been an actual insurrection with open force, to effect
not any particular purpose, but to effect a general
change in the law and constitution—to, in the words of
the indictment, subvert the Government of this realm.
Nothing could be more dangerous than to find a verdict
of guilty against a man on such general grounds as are
here put forward by the Crown. Sir Edward Coke, in
referring to the same statute, said it was well and truly
called a blessed. statute—a merciful declaration that
there might be offences which are a breach of faith or
allegiance to the Sovereign, and which could not be
pronounced high treason, because the law did not call
them so. And if they asked why the law was so cautious
in cases like this, Sir Edward Coke told them that it was
because the punishment is the heaviest which the law
knows., The Learned Counsel then went through the
circumstances connected with the Mullinahone affair,
the barricades at Killenaule, and the drilling at Slieve-
namon, ridiculing the whole as a levying war upon the
Crown, and asserting that all arose from a desire to
protect Mr. O'Brien from arrest. The barricades espe-
cially proved that, for when the mob were assured that
Capt. Longmore did not seek to arrest that gentleman,
the barricades were removed, and the Queen's troops
were cheered as they passed through. Having con-
tended at length that his client was disconnected with
most of the acts of Mr. O'Brien, he dwelt for some time
upon the letter sent by that person to the agent of the
Mining Company, saying it did not prove that Mr.
O'Brien contemplated a revolution; but the question is
not whether he did or not, or whether the prisoner con-
templated a revolution; the sole question for you is, did
he in any of the transactions at Mullinahone, or Kille-
naule, actually levy war against the Queen. Except
you come to the conclusion that he did, it does not in the
least signify whether Mr. O'Brien wrote the letter or ex-
pressly stated in it that he would dethrone the Queen.
You must be fully satisfied that the evidence entirely
supports and bears out the precise charge laid in the in-
dictment, or you ought to acquit the prisoner.
Chief Justice BLACKBORNE—Patrick O'Donohoe, I
have now to inform you that it is your privilege to ad •
dress the jury in your own defence. Are you desirous
of doing so? Mr. O'Donohoe—No, my Lords.
The SOLICITOR. GENERAL having replied,
Chief Justice MOORE proceeded to charge the jury.
After some introductory remarks, his Lordship said,
sufficient to
have
ojdaevieceenattconstitute
oetnot.
hae anpn
prisoner
thenes oxt
Another
the prisoner at the bar is charged with levying war
against the Queen. (The Learned Judge having
read the definition of the offence from Mr. Justice
Foster's book, proceeded)—Gentlemen, according to that
authority, the assemblage of armed men to promote by
force any general object is high treason, within the
.rioonetdet Beffigereuuenctisttli.tyithnhsolerfttehhohemibgajuohseffsebtetnebbecyene
meaning of the law. There may be a levying of war,
however, though no blows have been actually struck—
the mere enlisting, marching, and armed array being
objectasseomf btlhaigge,armraayrchwiansg,
such an exhibition of force—such an array and arming
for a warlike purpose—such
.an enlisting and marching
to prevent thebe
for a general purpose of some public nature, in which the
arrest of Mr. O'Brien. If you believe that that was the
saidiiaef insurgents ;reutcl hreu wouldgatsahtei nvnatedtht seovithaerm
trea-
son.. . But if
,that was not the exclusive object—if, in
addition, there was an object of a general nature, the
offence amounts
. to high treason, provided the other in-
gredients exist. Therefore, it will be of the utmost im-
portance for you to consider what the object of the
armed assemblage was. The Learned Judge concluded
his charge at half-past seven, and the jury, after taking
some refreshment in the box, retired.
At. half-past nine o'clock it was intimated to the
sheriff that the jury wished to have the opinion of the
.Judges with regard to some points of evidence which they
found it difficult to reconcile. In a few minutes after-
wards all the Judges were in attendance.
The Foreman said some of his fellow-jurymen wished
to know whether, if they believed the evidence of Con-
stables Wiggins and Williams, would the facts which
they deposed to amount to a levying of war within the
meaning of the statute.
Mr. Justice Moonx said if they believed the evidence
of these two men, and that the purpose was general, and
not. exclusive or personal, then they would find a verdict
of guilty.
The Foreman then required to know what amount of
credence, if any, should attach to the testimony of
Sullivan. enenaleutl
exclusive
iinnvsnce
gent

Mr. Justice MOORE said they were at liberty to be-
lieve Sullivan just as they pleased, and if they liked they
might reject his evidence altogether.
Chief Justice BLACKBURNE—Or you may believe as
much of Sullivan's evidence as has been corroborated.
The jury then retired, and after the lapse of about a
quarter of an hour returned again into court. The Judges
having again taken their places,
The Foreman requested that his Lordship would
read that portion of his notes referring to Mr. O'Brien's
visit to the police barrack at Mullinahone on Wednesday
morning.
Judge MOORE at once complied, and read the direct
examination describieg the visit in question, when Mr.
O'Brien, accompanied by the prisoner and another per-
son who carried guns, endeavoured to seduce the police-
men from their allegiance, and threatened an attack on