The Sun.
London, England, 1848-10-05 00:00:00

THE SUN, LONDON,

of a stone, and when he went afterwards to open it the
lock was injured.
Owen Cullen examined—He lived in the common,
and remembered the evening of the 28th of July.
He saw Mr. O'Brien there, near Sullivan's public-
house, around whom there was a large crowd of per-
sons. He was standing on a ditch, and the witness
heard him ask if there was a sufficient force there to
keep him from 100 or 200 men. He then said the
country would be free in a short time, but how that
was to be done he (the witness) did not hear him
say. He did not observe any of them armed, and
as to the gentlemen who came in the cars, when
he saw them they had no arms. The witness re-
membered the morning of the 29th of July seeing
Mr. O'Brien at the house of the widow Glackens.
He went there in consequence of a message sent
him, and saw Mr. O'Brien in a room in the house.
He asked the witness to sit down, and he did so.
There were two gentlemen in the room, but he did
not know them. Mr. O'Brien then read a letter
which he wanted him to forward to the Mining Com-
pany, and he did so. The letter now shown him
(that alleging he would take the collieries into his
own hands) was the one then given him by Mr.
O'Brien. He was very kind to the witness during
the time he was in his company. On the evening
before this happened he had a conversation with Mr.
O'Brien, who wanted the use of a pony belonging to
the company, and also of the police barrack, which
the police had left; but on his refusing and remon-
strating, he admitted the justness of his observations,
and said he would not press for them. The letter
was forwarded by him to Dublin, and on it being
again sent down, he put a mark on it.
To the COURT-It was not sealed when he got it
from Mr. O'Brien.
Cross-examined by Mr. FITZGERALD—He did not
mark the letter when he got it from Mr. O'Brien, but
when it was forwarded him about seven days after he
did so. When he first saw Mr. O'Brien there were
a great many women and boys about him ; indeed,
the greater part were women and boys. A great deal
of property was in the company's concerns' that
morning, indeed, he forwarded 1001. to Dublin at the
time. Mr. O'Brien was very kind to him ; he saw
the justness of the observations which the witness
made, and he did not press for what he asked. Mr.
O'Brien appeared to be afraid of being arrested.
To a juror—Mr. O'Brien when he talked of a free
country, did not give any definition of what a free
country was, or how freedom was to be obtained.
Richard Purdy examined—He was secretary to
the Mining Company of Ireland, and remembered on
the Nth of July receiving a letter from the company's
agent at Ballingarry. It was brought to his residence
on a Sunday morning.
Cross-examined—He was directed by the company
to foward it to Mr. Redington, the Under-Secretary, at
the Castle, and he accordingly sent a copy, after
which the original had to be given.
Thomas Trant examined—(This was the tinspector
who escaped into the widow Cormack's house.) He
was, he said, stationed in Callan, and on Saturday,
the 29th of July, about nine or ten o'clock, proceeded
to Ballingarry, where he arrived between 12 and one
o'clock. He had 46 men under his command. After
he passed through Ballingarry he saw crowds fol-
lowing him, and also crowds going along through the
fields, and as he advanced, about two miles from Bal-
lingarry towards the common, he observed great
crowds in his front, and corning down the hills, and
shrill whistling. He met with a road to his right,
which he judged led to Kilkenny, up which he
wheeled his party ; they ascended the hill, he
dared to say, nearly a mile. The people behind
him from Ballingarry, when he turned the road,
went to his right, others went to his left,
and more were in his rear. They were all armed,
for everywhere his eye rested he saw pikes and guns.
As soon as he saw the slate house he ordered his men,
who had marched in columns of four, to break, and
make for it, and if shut to smash into it. They did
so, and he followed them, and just as he gave the
order a shot was fired, about 80 or 100 yards to his
left, for he looked and saw the man who fired covered
with smoke. The most of the people were all run-
ning fast, so much so that two or three minutes
would cut them off from the house. As soon as he
got there he directed his men to turn in and barricade
the windows and doors, and having dismounted from
his horse followed his party. At this time the house
was surrounded, and as he was going up stairs

he heard a man cry out for the oficer. He then
looked out of the window, when he saw a man
unarmed, in the yard, hold up his hands and say,
" For God's sake, let there be no firing ; we
only want to make peace." To this the witness
replied, that if the people did not fire from without
they would not fire inside; but if they did they would
return it as long as a cartridge remained. The wit-
ness gave his orders to the police, and immediately a
voice cried out from below, "Tell Mr. Trant Mr.
O'Brien is here." The witness went down to the
window where he had been, but he disappeared, and
witness went up stairs again. lie then got another
message that Mr. U Brien was bolow, when he said,
if so, let him come round to the window , but he did
not. Immediately after that he heard cracks of
stones and shots fired. The windows were smashed.
He instantly gave orders to fire, and the firing com-
menced. It continued about an hour from the first
shot to the last. The effect of it was, when going on
for a considerable time, the people did not show
themselves in front or rear.

To the COURT—When they were going towards the
house the number of people was 65/:to 1, or 3,000
men. He could not form an opinion as to the quan-
tity of arms, but he saw them in all directions.
Examination resumed—The firing from the people
continued all the time, and as they had command of
their rear the shots came in at one lobby window,
passed through the stairs and out at the other.
Many of these shots were evidently from a double-
barrelled gun. He heard throughout the entire hour
continued shots from without, as well as from within,
except perhaps during the last five minutes. As soon
as the first stones were thrown the shots commenced,
not in volleys, but whenever the parties got an op-
portunity.
To the COURT—The firing was very quick for half
an hour or so, and he believed there were from 100
to 900 shots fired from without.
To a juror—lt was perfectly impossible for him to
number all the reports he heard. He should say the
shots fired were more than 200, for there was inces-
sant firing for half an hour. A constable named
John Carroll arrived after the firing had ceased, with
dispatches from Kilkenny, where he barricaded the
town.
To a juror—The head constable of the party would
tell better than he could of the shots fired by the
police. All he knew was that he served 250 rounds
to replace what had been used.
Examination resumed—After the firing ceased he
remained upwards of two hours in the house, until he
was relieved by Inspector Cox's party.
Cross-examined by Mr. WarrEstnE—On the
morning of that day there was a proclamation offering
a reward of 5001. for the arrest of Mr. O'Brien, but
he did not know of it. It arrived in Callan before he
left, but he did not open the dispatch, nor did he hear
of the fact until Mr. Cox came up, when he said,
" We've let 5001. slip through our fingers."—(A.
laugh.) That, however, was no consideration to him
in the discharge of his duty. He was positive there
were 3,000 persons present from the ground they
covered. He did not see more than three women
about the house during the firing ; but he took good
care to give directions that they should not be shot.
None of the police were hurt in the encounter. He
received his orders from Mr. Blake, the county in-
spector, to go to the common of Ballingarry,
where he would be met by another party
of police and some military, to arrest Mr.
O'Brien. When he got into the house there
were five
and
childreneafter th
ine
firingi
tYillich they kept as
hostages,
came to see what had happened, wwheem
n
he over
said
h theye motherwere
safe in bed. The witness would swear positively that
he did not go to bed—(Laughter)—
the fight. He took up a blunderbuss he•found there
and stood by his men. He did not bed—(Laughter)—himself
during
the
whether there were any marks of shot in the house,
for he had never been there since. He could not say
whether there was more firing from the rear or the
front, for it was so continuous for half an hour that
it was impossible to tell. He was struck with a stone
on the left breast, as one of his men told him, but
he did not himself know it.—(Laughter.) " 'Cap
tain," says he, " you're wounded, though you don't
know it."—(Continued laughter.) He heard a crash
first, and then came the shots, some of which struck
near where he was. He did not see Mr. O'Brien at
the Widow Cormack's, nor did he ever see him until
in custody at Kilmainham. The police never ceased
firing, even after the :general conflict ceased, for
whenever a man was seen changing his position he
was fired at.
What did you do with the balls ?—I don't know.
I did not examine the front of the house to find a
ball, and, after being there two hours, Mr. Cox came
up, and he took away some of the pikes.
Mr. WHITESIDE—I did not ask you about pikes,
for you know a pike could not shoot a man.
To a juror—lt was about the time the men were
ordered to break and run for the house that the shot
was fired. The man who held up his hand and cried
for peace was a decent looking man, like a shop-
keeper, dressed in a brown coat.
Cornelius Mahony examined—He was one of Mr.
Trant's party at Farrinrory on the day at the
Widow Cormack's. He was in the parlour, on
the ground-floor, on the left of the house as he went
in. After he got in the people surrounded the house,
and began to shout, and then he saw a man with
a military cap get out of a pasture-field into a
cabbage-garden, and walk down by a ditch towards
the house. A man came first to the window, dressed
in a flannel jacket, and armed with a blunderbuss.
He demanded that they should give up their arms,
and immediately after Mr. O'Brien came to the win-

dow, and stood on the window stool. It was open,
the upper part being down. As soon as he came up
he said he was an Irishman and a soldier. He asked
them to give up their arms, and if they did so he'd
protect them. He gave them five minutes to con-
sider whether they'd give them up or not. They told
him they would not. The witness did not see any
fire-arms with him when he came to the window, bat
he did before that. When he saw him with fire-arms
he was in the out-office, getting into the cabbage-
garden ' • he stood then at the end of the house, about
a perch from the window. Mr. O'Brien had a pistol
in his hand. As soon as he refused to deliver up the
arms he went away, and he did not see him any
more. When he left the window he keard him speak
to the people, but he did not know what he said.
There was no firing until after Mr. O'Brien left the
window, and it then commenced immediately outside.
When it commenced the police, up stairs, immediately
returned it, and they returned it below also.

To Chief Justice DOHERTY—He could not tell
the number of shots fired first by the people before
they returned it, but it was a volley, followed by
stones, which smashed the windows. The stones
came in at the end window in the room where he
was, but not through that where Mr. O'Brien spoke.
The stones came in before they fired, and in about
five minutes after the firing outside commenced.
The continual firing lasted for about a quarter of an
hour or more, and the police returned it. The wit-
ness was placed by the window during the time, and
saw those outside direct their muskets at different
parts of the house. The room in which he was con-
tained eight or ten.
To a juror—He could not say whether the volley
fired was that of a section, but it was by more than
twelve men. The people who fired were scattered
everywhere, but the party who fired at his party were
behind a wall.
Cross-examined—He did not know there was a
proclamation issued that day, or a reward offered for
apprehending Mr. O'Brien. All the panes of glass
in the lobby window were broken. The time Mr.
Trent was sent for it was to come down, but he was
not sure whether it was before the firing or not. He
had not a very distinct recollection of what occurred ;
and if he had would have more to tell. He (wit-
ness) himself fired from the front window, where a
great many persons outside were unarmed. He saw
women and children about the house before the
firing commenced, and while on the march, but
not after.

To a juror—He saw no marks of balls in the
house, and but one stone, and of course be did not
fire at random, but at those who were firing, he could
not say at his window, but at the house.
Police-constable John Moran, was one of Mr.
Trant's party, and stationed in the room, at the left
of the house. He saw several persons outside
collected in front of the gable end of the house.
Mr. O'Brien was there, with his back to the
front wall of the house, and had no arms, as he could
see. Immediately after he put his back to the wall,
one of the men went up to say Mr. O'Brien is stand.
ing against the wall, but when Trant came down
O'Brien disappeared. In a short time he stood in
the same place, and came to the window stool. The
first expression he used was, " We are all Irish, and
Mr. Smith O'Brien as good a soldier as any of you."
He then demanded their arms, and the answer he got
was from the witness and a couple of men in the
room—that they'd sooner give up their lives than
part with their arms. He certainly then seemed dis-
appointed, and having got down, the witness heard
him distinctly say—" Slash away, boys, and slaughter
the whole of them."

Mr. O'Brien—Don't you know you're swearing
falsely, sir ? Witness-1 am not, sir. Mr. O'Brien
had one foot on the window stool, and another on the
ground. The first shots were fired in a minute after.
Two or three, or four, were fired together; he could
not exactly say how many. Two or three stones were
thrown at the window where he was, and he himself
saw a man throw one, as he went in his turn to the
window ; for when the men fired they retired into a
corner of the room to load, and those who had loaded
took their places at the window and fired. While all this
firing was going on he saw a great number of persons
with guns. He saw one man making an attempt to
fire by putting the gun over the wall, but the wall
was too high, and he did not fire. There were, at all
events, 30 or 40 with guns outside. That he saw
himself; and a great number armed with pikes. In
all he thought there were at least 500 armed men
outside. The witness identified Mr. S. O'Brien as
being the person present, and also deposed that a man
who called himself O'Donohoe was present.
Cross-examined—He had no doubt whatever that
O'Donohoe' was there, and if any one swore to the
contrary, he'd swear falsely. No one was hurt or
wounded by the shots. The children were in, when
they got to the house, and they kept there. The
witness saw several women in the crowd, gathering
and throwing stones, and if the firing was going on,
he would have shot at them, for he believed they
deserved it. The height of the stone wall he spoke
of was about five feet, and distant from the window
about six yards. The sill of the window was lower
than the wall, and it was possible he might have filed
if he liked. Their officer was not in witness's room
he was up stairs to the best of his opinion, but came
in to where he was three, four, five, or six times ;
but during the firing he was up stairs making his ar-
rangements. When it ceased he came in. A man
might have cried out he wanted to make peace, but
he did not hear him. When he came to the window
he pushed in the shutter, and at the time he was be-
tween the police and the people, so that if either fired
he must have been shot dead. He behaved in a gen-
tlemanly manner ; and on their refusing to give up
their ,arms he immediately said, " Slash away,
boys, and slaughter them all." He was surrounded
by a number of armed men when he was at the
window.

Did the people fire when he bid them P—They
might have done so.
On your oath don't you know nobody fired at that
time P—l don't know.

Will you swear there was a shot fired after he said
" slash ?"—There was not for some time.

Could you not have shot him when he came to the
window ?—I could then, for I had my bayonet within
six inches of his breast. But if I could shoot him
after he used the words, I would have shot him cer-
tainly, when he said " Slash away." He was going
off the window, and at that time my bayonet was not
six inches from him.

To a juror—He fired at a man whom he saw in the
act of throwing stones.
What prevented you from firing at Mr. O'Brien ?
—I had not time to do so. The witness could not
tell where the other man was, but certainly he was in
the room. The window-stool was not five feet from
the ground.
Arthur Robinson examined—He also was one of
the party of police in Widow Cormack's house, and
placed in the under room, to the left as he went into
the house. He knew constable Moran who was in
the same room, and while there Mr. O'Brien (whom
he identified) came to the window, which was about
three feet from the ground. The upper sash was open
at the time. He came to the window and leaned
upon the sash, put his head into the room, and said
they were all Irishmen, and all he wanted was their
arms. He gave them five minutes to consider ; upon
which the witness and Moran replied that they could
not, nor would not, give them up if they lost their
lives. In getting from the window he gave the word,
" Slash away, boys, and slaughter the whole of
them." The firing immediately commenced outside.
At the time Mr. O'Brien retired from the window the
witness was looking out, and observed persons about
the house, the greater..part of whom were armed, in-
side and outside the wall which fronted the house.
He saw the people taking deliberate aim at the wia-
dows up stairs.
To the Com—The people who were inside the
wall walked out through the gate, and some went to
the other side of the house. When he gave the word
some of the party inside the wall began to fire, and
some to move about. The witness fired four shots.
Some of the people had blunderbusses, some fowling-
pieces, some pikes, and others scythes ; and in his
opinion the firing lasted for about three-quarters of
an hour.
Cross-examined—The witness did not make any
information ye ber.
lieved, O
'Brien.
Aiman Was killed
btyhehiswpoarrdtsy.uslevd bas, h
s w them carrying the body
utside the wll.
He could not see if anybody was
lld o er
w waoluln ded at t
oa
asto
for he a
he gate ; but he saw them take
a man away from •
The witness thought that Ma-
honey was touched by Mr. O'Brien when he was at
kidee th
the window, and after the Words were used by him
he fired at the man standing at the gable, about forty
yards off. That shot was fired from the
spoke. gable win-
dow, and not at that where Mr. O'Brien
There was no one in the inclosure when he fired. He
did not fire at any woman. He saw several of them
trying to force the men away, and he could not swear
they were going away, but they were certainly mov-
ing about when he fired. Two panes of glass were
Mr. O'Brien
appeared, but they were broken by
certainly broken in the window at which
thrown
police firing through them. He saw no stone:.
at it, nor a bullet-mark. f)•Illets of the
To a juror—Mr. O'Brien was' getting down from-
the window when he said " Slash away. On his
oath, neither himself nor the last witness had any
conversation whatever as to the evidence they were
to give.

Police-constable Patrick Ford, of Mr. Trant's
party also, was next examined—He deposed that
when in the widow Cormack's house,
a young man
came up first to the window, wearing a flannel waist-
coat, and asked their arms, saying they were all
Irishmen, and that he knew the witness as " Pat
Ford," from Callan. The witness desired 'him to go
away, or it would be better for him. Mr. O'Brien
immediately came up and said, on honour, as a gen-
tleman, because he was Smith O'Brien—he knew
they were Irishmen ; he only wanted their arms, and