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

THE SUN, LONDON, THURSDAY EVENING, OCTOBER 5, 1848,

IRE LAND.

DUBLIN, OCT. 4.—The case- for the Crown was
brought to a close yesterday evening. A number of
gentlerlen witnesses fur the defence, leave Dublin
this day, for Cl ,nmel.
There is no news of any interest, apart from the
Special Commission, this morning.
The Paris correspondent of the Freeman gives an
eccount of an attempt by the French Commissary of
Police, at Havre, at the instigation of the British
Consul, to kidnap one of the Irish refugees, a Mr.
Cavanagh. It would appear that the Consul repre-
sented to the French authorities that Cavanagh's
offences'were unconnected with politics. Fortunately
he was absent from the hotel when the attempt was
made to arrest him, and before his return the packet
had sailed for Southampton.
Mr. Robert Lambkin, who had only a day or two
previously returned from England, was arrested on
Saturday evening by Constable Porter, on a warrant
issued under the Suspicions of Treason Act, and
lodged in the city of Cork gaol.
On Mondaythe constabulary succeeded in arresting,
at Dunkitt, a man named Patrick Hanlon, a native
of Old-town, near Thomastown, and charged with
being one of the armed party, of insurgents who bi-
vouacked at Owning-hill, near Piltown, the evening
after the burning of the Slate-quarry barracks. This
man was transmitted to this town, and examined be-
fore the Earl of Besborough and Mr. Coals ton, R.M.,
when he was fully identified as one of the insurgents
by an old man named Magrath, residing near
Owning. The story of this old man is somewhat ex-
traordinary. He stated that he had a son who was
a wild and dissipated character, and who left the
neighbourhood three years since, and no tidings of
his whereabouts could be obtained till the
occurrence of the insurrection. When the in-
surgent encampment took place at Owning, it
occurred to Magrath that there could not be a more
likely place to find his scapegrace son, and having
gone there for the purpose, he actually did
find him amongst the rebels. He endeavoured to
induce the young man to return home, but whilst
thus engaged the prisoner Hanlon ran over to a large
heap of arms which lay on the ground, and consisted
of pikes, guns, and bayonets, and taking up a pole
which had a bayonet on the end of it, threatened to
run it through him if he was not off immediately.
Magrath then retired, and never saw his son since.
Hanlon was committed by the magistrates to the
county gaol of Kilkenny for trial at next assizes.
Early in the morning of Thursday last a large dis-
trict of the county of Kilkenny, neighbouring here,
was thoroughly scoured in search of persons who had
been " out," and were then suspected to be lurking
in this vicinage. The movement was made under the
direction of Sub-Inspector Reardon, of Drogheda, but
at present on special service in Kilkenny, and the ar-
rangements were as admirably carried out as planned,
although nothing important eventuated from them.
Before daybreak constabulary parties from Alullina-
vat, Kilmacow, Mooncoin, Tempeorum, Owning, Pil-
town, and Carrick, and a detachment of the 4th
Light Dragoons marched from their respective
stations, and thus encircling a large district, proceeded
to scour the country round till they all met at the
chapel of Killnaspick, the central point of concentra-
tion previously pitched upon for the purpose. The
whole movement was excellently made, but a single
arrest of known rebel or suspicious character did not
accrue from it. It, however, established one very im-
portant fact, namely, that that portion of the county
is perfectly tranquil and free from strange incendiaries
at present.
ATROCIOUS OUTRAGE.—On Thursday night some
malicious villain endeavoured to upset the Waterford
mail, which leaves this city for Dublin, at about
eleven o'clock, P.M., by placing an ass's car and two
wheels, taken from the car, across the road beyond
Windgap. The night being very dark, the result
was that one of the wheelers was severely hurt, but
providentially no injury was sustained ~by the pas-
sengers or the coach.

THE STATE TRIALS.

CLONMEL, OCT. 3.—The Court sat this morning a
few minutes past nine o'clock, when the law officers
of the Crown resumed their case.

Mr. O'Brien's appearance was in general composed,
but towards the latter part of the day he was more
anxious than we have yet seen him during the trial.
The most remarkable witness examined to-day was
Mr. Trent, the hero of Ballingarry. He is a man
upwards of fifty years of age, and gave his evidence
uninfluenced by any feeling whatever, save the wish
to show that he had but discharged his duty in the part
he was called on to act. Ho described the battle
scene with great minuteness, and was followed by
several of the constables under his command, nearly
all of whom deposed that when they refused to deliver
up their arms to Mr. O'Brien, he called out to the
people " Slash away, boys, and slaughter the whole
of them." This is the most important charge against
Mr. O'Brien, and if believed by the jury, decides the
case against him. _ _ .

John Lamphire was the first witness examined.
He was employed by the Mining Company of Ireland
as pay clerk, to pay. the workmen. He recollected
Friday, the 25th of 3khly, when he saw three jaunting
cars pass by, which stopped at a public-house kept by
Thomas Sullivan, on the Commons of Boulagh. There
were from eight to ten persons on them. He did not
know who were there then, but that he was now able
to say tint Mr. Smith O'Brien was one of them. As
soon as they arrived, Mr. O'Brien walked out about
the road, and began to address about 200 or 300
people, to whom he said that there was a warrant
against him, and a reward of 5001. for his arrest; that
if they protected him from the soldiers, Ireland would
be theirs in a fortnight. Some of them said they bad
no arms, to which he replied that stones were very
good weapons for those who had no arms. A gentle-
man they called Mr. Meagher, and another named
Dillon also spoke, the former of whom said that they
ought to arm and protect Mr. O'Brien, and Ireland
would be free in a fortnight. He also told them to drive
the Saxon from the soil. Mr. Dillon said, also, that
if they armed and protected Mr. Smith O'Brien they
would have Ireland free in six months. The witness
saw Mr. O'Brien walk up and down the road that
evening, opposite Mrs. Glacken's house, about which
there were some 30 or 40 persons, armed with guns,
pikes, and other weapons. The witness saw Mr.
O'Brien on the Saturday, about nine or ten o'clock
in the morning, en the road with the people, most of
whom were armed. There were, he thought, about
100 there at that period ; he said something to then],
but the witness did not hear him. About 12 o'clock
on the same day Mr. O'Brien walked into the con-
certi; of the mining company, and asked who was in
charge of them, when the witness replied that he was.
He then said he came for some carts and boxes to
help to throw up a barricade across the road. The
witness replied that he could not give them, upon
which Mr. O'Brien said he would take them by force.
He then ordered a man who was standing by to
wheel away the cart, but he refused, and Mr.
O'Brien commenced to do so himself. He, how-
ever, did not remove the cart out of the yard, and
indeed only rolled it a few yards. The people
outside did not come in, they remained about 50 yards
from the gate—say about 500 in number, shouting
and screaming. After Mr. O'Brien left the yard, he
went down to where the crowd was, upon which a
number of unarmed persons came into the yard, and
began ringing the workmen's hell. They continued
doing so for about a quarter of an hour, and then
commenced erecting a barricade across the road,
made of a ladder, some boxes, sticks, and stones, and
in height about four feet. When that was done they
marched tip and down the road, armed with pikes
and guns, and shouting. Mr. O'Brien had a pistol
in his hand when he carne into the company's yard.
After leaving the road they proceeded towards Mrs.
M'Cormack4 house, when the witness saw a body
of police coming towards a place called Scott's
Cross, and after that turned also towards the house.
As well as he could see at the distance he was from
the parties the police got into the house first, and
shortly after, say a quarter of an hour, he heard fir-
ing. The witness saw about 500 people going to-
wards the Widow M'Cormack's, and besides those a
great many on the hills around, but he could not see
if they were armed or not. Later in the day, about
an hour and a half after the firing at Widow M'Cor-
mack's house, he saw another body of police coming
from the direction of Killenaule. Three or four days
previous to this the police stationed on the common
were withdrawn from the birrack on the common,
which was built and was the property of the company.
When Mr. O'Brien came into the yard he asked for
the key of that house, saying he wanted it to station
some men there. Farranrory was the name of the
place where Widow M'Cormack lived.

Cross-examined—The mining company's concerns
were about an English mile from widow M'Cormack's
house. The witness swore two informations, one in
August, at Ballingarry, and the other in September,
at Mr. Semmis's offie in Dublin. The last was the
longest. The witness intended to continue in his
situation, which he preferred to being in the police.
No injury occurred to the property of the company ;
all the men seemed to care for was to protect Mr.
O'Brien from arrest, and although there were fifty
pounds of:powder in the concern, it was not touched.
The witness wr,a3 not afraid on the occasion. He did
not hear a word in the speeches msde about Ireland
being free in a week, but he did that she would be
free in a fortnight, and in six months, provided they
protected Mr. S. O'Brien. The witness went to
bed and slept, after being well frightened, and early
next morning saw Mr. O'Brien on the road with about
a hundred people. When Mr. O'Brien came into the
yard he was accompanied by a little boy only, and
did ne± frighten the witness.' When he refused to give
up the cart, if Mr. O'Brien chose he could have got
men fo roll it out, but the witness believed any of those
employed by the company would not do so. The door
of the police 'bprrack appeared to have received a blow

of a stone, and when he went afterward; to open it the
lock was injured.
Owen Cullen examined—He lived in the common,
and remembered the evening of the 28t of July.
He saw Mr. O'Brien there, near Sulliva 's public-
house, around whom there was a large crowd of per-
sons. He was standing on a ditch, and the witness
heard him tusk 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. FITZGEUALD—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 30th 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 linspector
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 coming down the hills, and
shrill whistling. He met with a road to his right,
which he judged led to Kilkenny, up which he
wheeled bis 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 officer. 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. He then got another
message that Mr. O'Brien was below, 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;:t0 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.
Ninny 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 200 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. WHITESIDE—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 500/. 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 children in it, which they kept as
hostages, and after the firing was over the mother
came to see what had happened, when he said they were
safe in bed. The witness woul I swear positively that
he did not go to bed—(Laughter)—himself during
the fight. He took up a blunderbuss he found there
and stood by his men. He did not remark since
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 ono 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 wiu-

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, but
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 te
arms he went away, and he did not see him any
more. When he left the window he heard 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 ne
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.
Trant 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 he 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—l 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 ?—Thty
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 Rcbinson 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 th•-ir
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 how,e.
He saw the people taking deliberate aim at the win-
dows up stairs.

To the COURT—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 as to the words used by Mr. O'Brien.
A man was killed by his party. Was, he believed, out-
side the wall, for he saw them carrying the body
outside the wall. He could not see if anybody was
killed or wounded at the gate ; but he saw them take
a man away from it. The witness thought that Ma-
honey was touched by Mr. O'Brien when he was at
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 gable win-
dow, and not at that where Mr. O'Brien spoke.
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
certainly broken in the window at which Mr. O'Brien
appeared, but they were broken by the bullets of the
police firing through them. He saw no stones thrown
at it, nor a bullet-mark.
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

would protect their lives. They replied they would not
give them up; they had an officer, and whatever he'd
do, they'd do. Mr. O'Brien then asked who he was,
and they said, " Mr. Trant, from Callan." He then
asked where he was, aril they replied he was address-
ing the people backward in the yard, and he then
went away. Mr. O'Brien wore 'a frock coat,
and a cap with a gold band on it ; he had
a belt with two pistols in it ; he held another in his
hand. After Mr. O'Brien went away, the wit-
ness heard the words "Slash away, boys,—we'll
soon have them all." He did not know who
used the words, but they were spoken at the window,
and when Mr:O'Brien was distant about seven or
eight yards. The firing continued for about three
quarters of an hour. One shot entered the room where
he was, the mark of which was in the grate and
another outside the window.

Cross-examined—The person who came first to the
sill of the window remained on it all the time Mr.
O'Brien was there. When Mr. O'Brien put his hand
into the room they thought it was to grasp the arms,
and they ran to push it away. The firing com-
menced in about a minute and a half after. The wit-
ness thought some of the men in the yard commenced
firing first, and from the time Mr. O'Brien and the
other men left the window, he did not see him after-
wards until he was in custody.
To a juror—The bayonets of the men in the room
were quite close to Mr. O'Brien when he put his hand
into the window.

George M'Donogh, head-constable, examined—He
was in the room over which Mr. O'Brien came on
the day in question, and remembered going down
stairs with Mr. Trent. After he returned to the
room, he distinctly heard the words " Slash away,
boys, and slaugiler the whole of them," immedi-
ately after which the firing commenced. A ball
struck the sash of the window where the witness
stood, but no stones were thrown into the room.
He saw women collect stones, and shots fired, but
he could not see who fired them, as they were
concealed behind the wall which ran round the
house. To the best of his opinion the wall was four
feet high.
Cross-examined—He swore no information at all,
but he was sent for to Dublin, by whom he could
not say, but believed the Inspector-General wished
to have the person who could give the best infor-
mation. He was sent for on the Bth of
August, but did not tell them all he knew ;
he did not tell the Inspector-General about
the words " Slash away," but he told Mr.
Ray, who was in the Crown Solicitor's office.
He was the first who gave a deposition, but he
did not swear it. A map of the house was handed
him, hut he would not swear positively as to the room
he was in. When he went into the room there was
a bedstead and a bed in it, but he did not go into it.—
(Laughter.) Mr. Trant told him not to attempt to
fire until they were fired on, or got orders from him.
As soon as he heard the words " Slash away," he
fired, and he would not swear he did not kill any
one. He saw a body, however, and two women and
a man carried away ; that occurred outside the en-
closure.

Police-constable Waters deposed that he was sta-
tioned in the room opposite the last witness, when he
saw shots fired, and the plaster knocked off the win-
dows, near to which he stood.
Police-constable Hanover deposed! that he went to
the widow Cormack's on the Monday following the
" shooting match."—(Laughter.) He examined the
house, inside and outside, and saw several marks of
both stones and bullets. The bullet marks were on
the front principally, but he found several others in
the inside part of the rear face of the house; that is, of
bullets which came in by the front, and lodged in the
rear.

Cross-examined—General M'Donald was there
and got one bullet, which was handed him by an
officer; and witness saw several exhibited by the
children of the place.
John Carroll sworn—He was in the constabulary,
and remembered in July last going from Kilkenny
to Ballingarry, having been sent by Mr. Greene, the
resident magistrate of Kilkenny, to Mr. Trant. He
proceeded in the direction of the Widow Cormack's
house, where he heard some shots, but it ceased when
he got there. The witness delivered the letter, and
on his return came up with a crowd of persons
about 300 or 400 yards in a direct direction. Some
of them were armed with guns and pikes, and some
of them were not. Mr. O'Brien, at the bar, came up
and spoke to him. He asked him was he a mounted
policeman, being in coloured clothes, and he said he
was, upon which another man, with a gun in his
hand, came up and said he (the witness) might
consider himself a prisoner, but that he would not
be insulted or injured. At that time there were
about 300 or 400 people present, and Mr. O'Brien
amongst them. The party then moved down the
road, Mr. O'Brien and Father Fitzgerald going
together.
Who is Father Fitzgerald ?—The priest who went
along with witness up to the Widow Cormack's
house. The witness was ordered to the rear, and as
there was a great sensation among them, he thought
he was going to be shot, for they made a rush at
him, and ordered him to dismount. Mr. M'Manus,
the person who desired him to consider himself a
prisoner, took him by the arm and brought him out
of the crowd into the field, after which Mr. O'Brien
got upon his horse. Sometimes he used to ride away
for half an hour, and sometimes came back again.
The witness was placed in charge of four men, but
not until he was prisoner, for half an hour ; and
after that he asked a third person would he allow
him to go to the village to get some refreshment, who
said he might ; but he was not allowed to do so.
That third party wanted Father Fitzgerald to give
him his blessing before the house was attacked.
Mr. WHITESIDE objected to the evidence. Why,
things said by a third party could not affect Mr.
O'Brien, who was not present.
After some discussion the Court ruled in favour
of the Crown, but the Attorney-General declined to
press the question.
Examination resumed—The witness was in custody
about two and a half or three hours, during which
time he was marched up and down the crowd, and
while among them heard Mr. O'Brien at some tine
asking the people would he give himself up to be
hanged—that he did not like to be in that position,
or words to that effect, and at another time, that he
could take the place where Trant was in an hour.
When he asked, would he give himself to be hanged
or not, they said, no ; but could not say whether he
spoke of taking the house before that or not. He got
away in this manner. The witness asked a man
would he take him out of the crowd and protect him,
and he said he would with his life. Immediately
, after, and while on the road, he saw cars coming
from the direction of Ballingarry with police, and
heard the people say they'd attack them. They then
left the road, and went into tke fields; and when he
and the man, who offered to protect him, went about
a mile and a half, he was met by Mr. O'Brien. The
other man had gone away a minute or so before. As
soon as Mr. O'Brien came up he pulled a pistol out
of his breast, and said he would take his life or
he should take his, if he were going to arrest him.
To this the witness replied that he had no arms, and
he might shoot him if he liked. Mr. O'Brien replied
that it was beneath him to do so, or fire on an un-
protected man, and insisted he should go back with
him towards where he left the people. The witness
did so. Mr. O'Brien had a pistol in his breast, a
stick in his hand, and wore a common hat, having
changed it for the cap with the gold band he had first
worn. The witness went back with him about half
a mile, and while going, asked leave "to speak to
him as one man might speak to another." He said
"go on," upon which the witness said that it was
impossible for him to carry out what he had under-
taken, particularly as the Roman. Catholic clergy-
men, that he had seen that day, were against him.
To this he replied as for twenty years he had worked
for his country, and that country might redeem itself
if it liked. To another observation of the witness—
" That it could not be redeemed without blood "—he
said he wanted no blood, and immediately after gave
witness his horse, and walked away in the direction
of the commons.
The witness was cross-examined at some
_length,
but nothing material was elicitel.
Sub-Inspector Cox deposed that on the day in ques-
tion he left Cashel, in command of twenty men, who
proceeded at a quick pace, in consequence of informa-
tion he received. When they got within half a mile,
and in view of the Widow Cormack's house, they saw
a large number of men formed in line between them
and the house, and a little to the left of the road. The
party that came to meet them was composed of about
two hundred men, and when near there divided them-
selves into three portions, two going behind the
hedges at each side of the road, and a third, the
smallest, coming directly down the road. There was
a cross road before them, and about two hundred
yards above an immense number passed. Just as the
police got to the cross roads a party of men stationed
there retired on the hill, where with their companions
they commenced yelling and shouting. The witness
then sent six men on each side of the hill and went
himself with the remainder towards the hill. They
still continued shouting, and as he gained the people
retired.

Mr. WHITESIDE submitted that the present state-
ment was not applicable at all to the case, as there
was no overt act at all applying to it, but he was
overruled.

Examination resumed—There were two or three
mien most conspicuous among those who called to the
people to come on, and they did so. The people were
armed with guns, and pikes,
and stones. One of the
police cried out that he was fired at, but he ordered
them to fire even before that, and when they did so
the people returned it. He saw one man fall, upon
which there was a pause, and the people retired. They
continued to fire for about three minutes on the police
—some one shot, some two shots, and some more.
When we got to Widow Corinack's it was a perfect

wreck inside, and the marks of bullets in several
places.
Cross-examined—The house was wrecked by the
police, and the furniture broken in barricading it.
None of the police were injured, but same of the
people were shot. The witness sent n 1 one for Mr.
O'Brien's portmanteau that was at Mrs. Doheny's,
but a man named Norton brought it in.
Michael Mulgrew merely deposed that he heard the
report of a shot before Mr. Cox 's party fired, and that
when they did so fifty men were advancing towards
them with pikes, on whom they fired.
Two or three other witnesses were examined re-
specting the manner in which Mr. O'Brien's portman-
teau came into the possession of the police. It appeared
it was found in a limekiln, situated in the garden of
a house belonging to a man named Lyttleton, a
pawnbroker, in Cashel, and by his son given up to a
servant boy of a person named Norton, who brought
it to the police.
Three policemen proved the existence of the " Red
Hand " Club in Dublin, deposed to in the evidence of
Dobbyn, the approver.

A Copy of the Order in Council was then handed
in and deposed to by the Crown Solicitor, dated the
18th of September, directing that Mr. O'Brien ahould
he tried for high treason : and a proclamation dated
July 18, which proclaimed Dublin.
Mr. WHITESIDE—Is that for the suspension of the
Habeas Corpus Act ?

The ATTORNEY-GENERAL—No.
Mr. WHITESIDE—Then its for martial law ?
Chief Justice BLACKBURN E—Ah ; now ➢lr. White-
side will you let me take it down ?

The letter to the Mining Company was then read,
and some papers found on Mr. O'Brien's person by
General Macdonald, when arrested in Thurles. Those
papers appeared to he tracings of different parts of
the country, particularly of Ballingarry and the roads
leading to it.

The ATTORNEY-GENERAL then proposed to read
the letter of Mr. Duffy, found in the portmanteau.
Mr. WHITEsIDE objected, on the ground that the
contents of letters found in that portmanteau could
not be received as evidence against Mr. OTrien, unless
they were in his handwriting. In the present case
it was a long time out of his possession, and had
passed through many hands before it came to the
police.
The ATTORNEY.GENERAL replied, if he proved
clearly that Mr. Duffy was a co-conspirator, it was
quite enough for him.

Judge MOORE—The chief difficulty is, that the
letter was never traced to Mr. O'Brien's possession.
The ATTORNEY-GENERAL contended it was so
traced from the house of Mrs. Doheny to a limekiln,
from a limekiln to a person named Norton, and from
him to the police, and subsequently the document
was found in it written by Mr. Duffy to Mr. S.
O'Brien.

Mr. Fitzgerald and the Solicitor-General were also
heard, after which the Court decided in not ex-
cludingit.

Mr.—WHITESIDE next applied, that as the Court
decided on having the letter read they should have
all the papers found in the portmanteau read also.
The Under-Secretary of State pledged himself to
return Mr. O'Brien's papers, but he had broken his
word.

The COURT decided there was no necessity.
After which Mr. Duffy's letter was read.
The ATTORNEY-GENERAL then proposed to read a
letter written by Mr. T. F. Meagher, found in the
portmanteau also. It was dated Cahirmoyle, giving
an account of a tour of agitation he made to Cork and
Limerick, and of his intention to go to America, to
raise money, and invoke the sympathy of the Ame-
rican people.
Mr. WHITESIDE objected, but the Court ruled
against him.

" Cahirmoyle, Wednesday Evening.
" My dear Smith O'Brien,—l have this moment
reached here ; it is just nine o'clock, and I sit down
for two minutes to give you an abrupt account of
myself.
" Upon Sunday I left Dublin at eleven o'clock,
A At., and reaching the Thurles station at three o'clock
found no way of getting on to Limerick. It struck
me then that you might be in Cork, particularly as I
had read a speech purporting to be addressed by you
to the Rathkeale clubmen, in which you are made to
state that you were going to Cork. Off I went by
the mail to my own beautiful darling city, and
arrived there upon :Monday morning at one o'clock.
I spent the day with Barry and Leyne, and the half
of the next day leaving it last night. This morning
I arrived in Limerick, and received your letter. Just
think of it, I quite forgot this was Tuesday, and I
started off to Rathkeale instead of stopping where I
was, as your letter would have suggested (did in fact
suggest), and made a flaming speech to the multitude
from Mr. Fitzgibbon's windows; after which I gal-
lopped off to this find old place, finding out, when I
was just a mile from the gate. that it was Wednes-
day and not Tuesday. However, I still persevered,
and here I am. Well, then, I come to tell you about
the American trip. lam off for New York (God
willing) on Saturday.
" O'er the glad waters of the dark blue sea,
My thoughts as boundless and my soul as free."
What to do ?To raise money—to invoke sympathy
—to &c., &c.—amuse myself. You will be delighted
with the Cork organisation. Be so good as to men-
tion at the soirée on Monday night the object and
fact of my departure, and
" Believe me ever your faithful friend,
"THOMAS F. MEAGHER.

The next document was the resolution and ad-
dress passed at Philadelphia, and.referred to already
in the trial.

Mr. WHITESIDE again contended that the recep-
tion of this was not legal evidence, as against the
prisoner, hut he was overruled by the Court.
Mr. O'Brien then said that, in justice to himself, he
was bound to say it was his habit to keep all letters
in his pocket until he answered them, and, therefore,
to make him responsible for them, appeared to him to
be the height of injustice.
The document was then read. Next came an ad-
dress from the " John Mitchel" Club, Enniscorthy, to
Mr. O'Brien, on the occasion of his visiting that
town, in July last, and the balloting papers in electing
the Executive Council.
Mr.-WHITESIDE asked for all the documents found
in the portmanteau.
The ATTORNEY-GENERAL replied that he should
send for them that very night to Dublin, and that
every exertion in his power should be used to have
them for his Learned Friend. They consisted, he
believed, principally of private letters.

A map of the widow Cormack's premises was then
proved, after which, the case for the Crown closed.
Mr. WHITESIDE then said he would be ready to
proceed with his speech in the morning, at ten
o'clock.

The Ccurt then adjourned at half-past six o'clock.

POLICE INTELLIGENCE.
GUILDHALL.
A potboy, named Joseph 111-Laren, and James
Pomeroy Boobner, a shoemaker, were placed at the
bar on the charge of stealing a cashbox containing
between 301. and 401. from the Fortune of War pub-
lic-house, Giltspur- street. The first-named prisoner
has been several times under examination, but
Boobner then appeared for the first time.
Mr. Child appeared to prosecute, and Mr. Sidney
and Mr. Dod defended the prisoners.
From the evidence taken on former occasions, it
appeared that M‘Laren's brother, and a party of eight
or ten, had a supper in the club-room of the Fortune
of War on Thursday night, the 21st of September,
and that their conviviality was k.pt up until about
three o'clock in the morning, when they descended
to the bar and had more to drink. About this time
a witness named Arthorpe, who was leaning against
the bar, heard the chink of money, and on turning
his head round observed Joseph APlAren, who was
potboy to the house, on his hands and knees inside
the bar, and having a bottle and what appeared to he
a box in his hands. lie made towards the bar door,
and Althorpe distinctly swore that he saw MiLaren
pass what he considered the box to the prisoner Boob-
ner, upon which they both left the house followed by
the rest of the party.
The evidence of Mrs. Darker, the landlady, went
to show that the money was all safe about nine
o'clock at night, and that while her husband held the
door open for them to depart, she was persuading
them to go, when one of the party whom she
knew caught hold of both her hands and said,
"My good woman, we are going directly," upon which
another person fell down and cried out, •' Don't rob
me." Some confusion immediately took place;
after which they all left, with the exception of
one of the prisoners brothers, who slept in the club-
room, and another, who took up his quarters on a
sofa in an adjoining room. After shutting the door
the robbery was immediately discovered, in conse-
quence of which she and her husband determined not
to go to bed, but remained all the rest of the night
in the bar parlour, and on the following afternoon
gave information of the robbery to the police, when
their pot-boy was taken into custody.
The witnesses were cross-examined at great
length by Mr. Dodd and Mr. Sidney, but did not
succeed in shaking their testimony in any material
point,

Alderman MooN said, he considered that sufficient
evidence had been adduced to send them for trial.
Application was made for the prisoners to be al-
lowed out on bail.

Alderman MooN refused to take bail for M'Laren,
but said he had no objection to allow Boobner out,
himself in 801. and two sureties of 401., besides giving
24 hours' notice.

The depositions were then made out, and they
were removed to Newgate.

BOW-STREET.

Benjamin Goslin and Afred Grey, clerks, were
charged with assaulting George Seymour, a drum-
mer in the Coldstream Guards.

The complainant was walking from Waterloo-
bridge, in returning from the Surrey Theatre on
Tuesday night, when the prisoners ptirposAy jostled
against him, fle remonstrated with them in mild
term, upon which they fell upon him, knocked him
down, and both struck and kicked him in the most
savage manner, tearing one of his epaulettes from his
shoulder and throwing it over the bridge. The toll-
keeper went to his assistance, and sprung his rattle
for the police, three of whom came up and secured
the defendants. Grey assaulted one of the constables
on his way to the station-house.

The defendants contradicted the statements of Sey-
mour; and Goslin said that they had merely gone to
his rescue, seeing that he was assaulted by a third
party, who eccaped apprehension, and that one of
them (Grey) had lost a valuable watch and chain
during the affray.
Mr. HENRY was satisfied with the evidence as to
the assaults committed, and fined the defendants each
51., or one month's imprisonment; adjudging Goslin
to pay 3s. 6d. for the epaulette which he threw into
the river. His Worship further committed Grey to
one month's imprisonment, without the option of a
fine, for assaulting the police-constable.
A middle-aged woman, named Ann Maria Wren,
was brought up on a warrant, charged with annoying
Dr. Epps, the physician.
Mr. Clarkson appeared for the complainant.
From the little that transpired in court it appeared
that the defendant was some time back one of the
complainant's gratuitous patients. She then formed
a strong attachment to the doctor, and, after making
several fruitless attempts to engage his attention, she
took a handsome apartment in Berners-street, and
sent a message to the complainant to the effect that
" a lady had been taken suddenly ill, and his imme-
diate presence was necessary." The complainant rode
to the house and was conducted to the room, when, to
his surprise the defendant rushed upon him and en-
deavoured to embrace him. He managed to avoid
her, however, and on inquiring of the persons living
in the house, was informed that the woman had taken
the room in the name of a gentleman whom, she said,
would call in a short time to look at it.

Mr. HENRY asked the defendant if she had any ex-
cuse to offer for her extraordinary conduct ?—The
defendant declined stating her reasons for acting as
she had done ; but promised the Court never to cause
the doctor any further annoyance.
Upon this understanding, there being no wish on
the part of the complainant to press for punishment,
The defendant, who said that she was a cook, was
required to enter into her own recognizances for a
month.