The Sun.
London, England, 1848-09-13 00:00:00

It is supposed that 'the object of the accused is to
obtain from his Lordship a distinct enunciation of opi-
' nion respecting the extent of prosecution, which would
• justify, armed resistance to authority, and perhaps also
ucertain how far his Lordship's practice as a statesman
agrees with his theories as a historian. In his Lord-
•ship's Life of Lord William Russell, doctrines are
broached and promulgated which would go to show
.' that obedience to bad laws was a crime, and resistance
even to good laws badly administered, a duty."
, • ESCAPH OF T. M. Rivigus. Esq., OF TYLRANGHAY
CASTLR.—This gentleman (according to a Leeds
correspondent of the Freeman), for whose arrest on
a charge of high treason a warrant had been issued
shortly'after the affaii of Ballingarry, has safely ar-
rived in France. He was seen in London ten days
ago, the night before he sailed, and there is now no
question of his being beyond the benign influence of
British. Coercion Bills.
MR. HALPIN, LATH SECRETARY OF THE IRISH
CONPEDEIRCTION.—As it was ascertained that Mr.
Halpin had been removed froni Belfast, and had not
been received in any of the prisons in Dublin, it
became a question what had become of him.
gentleman has called at our office this moment, to say
that on Wednesday, the .6th instant, Mr, Halpin
passed from Dublin to Salins in the twelve o'clock
train. He was accompanied by only one man—and
• in reply to questions from two gentlemen who knew
'his appearance, and travelled in the carriage with him,
he stated was on his way to Naas gaol. It has been
;since ascertained by our informant, that Mr. Halpin
is now in the prison at Naas.
Tin APPROACHING TRIALS.—Under this head the
Evening Mail states that it understands that Mr.
Duffy is to be put on his trial not with the other
accused.parties in Clonmel, but before the next Corn•
mission in Dublin.
•Ma. O'Govoame ♦GAIN.--Captain Love, Limerick
Regiment, while grouse shooting in county Curk,
was arrested for Mr. Richard O'Gorman.
RRMOYAL OF CONVICTS FROM SMITHFIELD PRISON
TO KlNGsTowa.—Yesterday, at twelve o'clock, about
two hundred prisoners (all male) were removed from
Kilmainham and Smithfield prisons. The convicts
had been collected from different parts of the country
for some time past. They were taken from the pri-
son to the North-wall in covered cars, guarded by
dragoons. On arriving at the light-house point they
were put on boar,l one of the river steamers and sent
to Kingstown, where they were shipped on board
the Pestonjee Boinanjee, which fine vessel will sail
for New South Wales in a few days.—Freeman's
Journal.

THE STATE TRIALS.
The Freeman's Journal of this morning has a de-
. scription of the formalities which will precede the
trials at Clonmel, from which it appears, that if the
bill of indictment shall be found, a copy is immedi-
ately given to the prisoner to enable him to prepare
for his defence. He is entitled also to a copy of the
caption of the indictment, which is a statement of the
title of the Court, and the time and place of
finding, &c. In England a person charged with
high treason is entitled to obtain with the copy of
the indictment, lists of the witnesses to be produced
against him, and of the jurors who are to try him,
ten days before trial ; but these provisions of
the English statute are not extended to Ireland,
Here these lists are not necessarily given, and instead
of ten but five days are allowed after the furnishing
• of the copy of the indictment before the trial. • Tha
- five days, however, are exclusive of the days on which
the copy is given, and also of the day on which the
prisoner is arraigned and called to plead, which he
must do instanter. They are also exclusive of any
intervening Sunday. So that thus it appears that the
trial of. any of the prisoners at Clonmel cannot take
place-before the 29th inst.
There seems to be some misapprehension as to the
number of challenges to jurors allowed to the pri-
- sonerA in cases of high treason. The number of
peremptory challenges formerly authorised by law
MIS 35, hut now, by a statute passed in the ninth
year of George the Fourth, in all cases alike, whether.
of treason or felony, the number of peremptory chal-
lenges is limited to 20; of course any additional
number of jurors may be challenged on cause being
•
shown.
Upan
,application, each prisoner is allowed two
counsel, who are assigned at his nomination by the
Court, and both counsel are permitted to speak for
bitn. The senior counsel of the two addresses the
jury at the close of the case for the Crown, and the
junior after the examination of the prisoner's witnesses.
Counsel for the Crown then replies upon the entire
case. As to the evidence required to sustain a prose•
cution for high treason, it has been ruled that the overt
- acts of treason must be proved to have taken place in
• the county where the indictment is laid.
MEETING OF M4IGISTRATES AT LIS-
.
TOWEL. .
The magistrates of Kerry assembled at Listowel
have given publicity to the following important de-
claration :
".We are of opinion that under the present system of
- rating it will not b© possible for us much longer to pro-
vide for the wants of the poor, even though the incomes
of the landed proprietors, and those who have claims
: upon them, should be wholly confiscated.
- "It will appear on an examination of the accounts
of,•the Union, containing an area of 209,261 acres, a
population of 78,756 persons, a nett value of 97,5581.,
that, independently of advances made from the Trea-
sury to this union , to the extent of 23,0001.,
, for the purpose of providing food for the people
under the Temporary Relief Act, exclusive of
1. expended under the Labour•rate Acts, the
. Peor-rates for this Union from 29th September last, and
• estimated to meet the ordinary demands upon the Board
Qf Guardians to 25th of March next, amount to 43,9121.
4s. 141., and in some electoral divisions to 16s. in the
• Pouud. as, for instance, the rate upon Drum keen electoral
-clatY_Lovitans, V. Weed at 5,371/.. amounts to 4,1191. Id. for the
e period, independently, of a debt amounting to 767/.,
fca' Vieli it • • •
are of liable to.the Relief Commissioners.
'the 31)p 'oorr_orpinitin- that to provile for the wants of
dioto be,.filieoland an income-tax, for this country,
which surround established, to meet the difficulties
__ s. That the proceeds should be ap-
plied:"
Ist. To pa fr
, by vances made to as in
linstalments in 22 years, the ad-
pay for the 846.
" 2d. To
and
1847P00r-houses and the
ary for the carrying the law into
building of
'staff of officers necessary
-effect, and also the expensesof all medical charities.
3d. To pay in ayiteaoinnions or electoral divisions,
poroerthan 7s. 6d. in the pound,
-cbargsrl in any ono
aid
of such excess ot
"4th. To provide one .fouretltni.riattae;t of the funds which
emigration.
union rate should
-may become necessary to aid
.; That to provide for local relipef r
be levied, not exceeding is. in the
d in any
• " That the respective electoral di • one year.
visions sho Id b
rated for their expenses, excluding the general u e
rate; and if such rates should exceed in any one 6d. per pound, that the electoral division so circum-
stanced atanced should be assessed to the extent of one-half of
--,,such excess out of the property-tax.
\ That in future all per,ons deriving income by rent
40hittge or annuity out of the land, should contribute
'.lratOttbly according to their income to the poor-rate.
"hat one paid guardian should be appointed by the
IlAverunieut to each board, who should be the executive
- -3
4/.`

THE STATE TRIALS.
DUBLIN, SEPT. 12.—1 t is more than likely that
Lord John Russell will be afforded on opportunity
of seeing something of the south of Ireland during
the progress of the state trials at Clonmel, to which
his Lordship has been summoned as a witness on the
part of the Crown. It was rumoured some days ago
chat such a proceeding was in contemplation, but
little credit was attached to the statement. It ap-
pears, however, that it was substantially correct, and
that such an idea was not only entertained, but that
the preliminary steps have been taken for carrying it
into practical operation. The Freeman's Journal of
this morning gives the following account of the
. matter :
" We are enabled to announce that the Prime Minister
'will have occasion to pay a second visit to this country,
and theta polite Invitation for that purpose was conveyed
to him in the afternoon, of Saturday last, bearing the
signature of Messrs. Pedder and Carmichael, clerks of
the Crown for tho county of Tipperary—or, to express
ourselves with less ambiguity, we may simply state that
Lord John Russell, almost the moment previous to his
departure from our shores, was handed a Crown sum-
mions, requiring him to attend and give evidence at the
eetaing special commission in Clonmel, on the part of
Mr. William Smith O'Brien. The delivery of this docu-
men', as wo can collect, was not effscted without some
difficulty. Several applications were made in the course
of Saturday ,for an interview with Mr. R. W. Grey,
the Premier's secretary, with the view of making his
Lordship acquainted with the object of Mr. O'Brien's
solicitor (Mr. Potter), but in vain; and it was only after
the carriage was packed, and the Noble Lord's family
awaiting him to step into it, that he could spare a inn-
meat for an interview with Mr. Potter. It took place in
the drawing-room of the Viceregal Lodge, and, after a
brief introduction, Lord John was handed the legal docu-
mentin due form, which he read over carefully. Mr.
- Potter then observed that; in order to comply with the
- requisite formalities of law, it was his duty to tender his
Lordship a viaticum, accompanying the summons which
required his attendance, and at the same time hading
him. ten sovereigns. Lord John Russell declined to re-
ceive the money, observing, that though such might be
-the form of law, Mr. Potter might consider the service
of the summons -Complete without his acceptance of the
viaticum. His Lordship then remarked that he was
g‘ing to-Scotland by a special order to wait upon her
-. Majesty, and that he did not know for what purpose his
,attendance could be required at the trial. Mr. Potter
stated that the legal advisers of Mr. Smith O'Brien con-
*dered his Lordship's attendance and evidence absolutely
requisite.
uThe.Premier then requested that if it should still be
deemed-necessary to examine him as a witness, he would
receive intimation to that effect as early as possible, in
order to enable him to make arrangements for attending
the trial at Clonmel.
" Mr. Potter repeated that he had reason to believe
his Lordship's evidence would be indispensable on the
trial, and then withdrew, after which Lord John Rus-
sell,stopped into his carriage, and drove off to Kings.
- town.