The Sun.
London, England, 1848-10-18 00:00:00

7 OCTOBER 18, 1848.

IRELAND.

MR. DUFFY.-SUPPOSED ATTEMPT TO ES

CAPE FROM NEWGATE.
DUBLIN, TUESDAY.—Yesterday, between one and
two o'clock, the governor of Newgate having received
information that Charles G-. Duffy contemplated• an
escape from gaol, he (the governor) at once proceede.l,
accompanied by the deputy-governor (Mr. Bourne),
Mr. Bell, constable 42 D, and some other officials
who were in attendance, to the apartment occupied
by the prisoner, and commenced an active search. In
a leather trunk, belonging to the prisoner, they dis-
covered a rope ladder about 40 feet long, and a coil
of single rope about the same length, and it was said
that by means of these the prisoner intended to make
his escape. The sentinel who was on duty over the
prisoner's apartment alleges that he had been offered
a bribe if he favoured the attempt.
The officials belonging to the establishment, on
making what they deemed an important discovery, at
once removed the prisoner to a more secure part of
the gaol, where double guards were placed on him,
and the most rigorous watch kept upon his move-
ments.

The room occupied by Mr. Duffy looked into
Green-street, and the window opens into the street
for the purpose of ventilation.
This room had been previously allocated for the
use of debtors.

There was nothing of the kind found in the apart-
ments of the other prisoners.
RECREATIONS OF THE STATE PRISONERS.
The Cork Examiner says—
" A correspondent, a clergyman of the diocese of
Waterford, who was lately admitted to an interview with
Mr. Meagher, in Clonmel gaol, states that this noble
young patriot appeared as cheerful and buoyant as in
the days of his boyhood. As a❑ instance of the light.•
hcartedness apparent among the State prisoners in
general, he mentions that he saw M'Manus and Leyne
amusing themselves by playing at marbles in the gaol
yard."

THE WRIT OF ERROR.
" We (says the Freeman) have already informed our
readers that the necessary certificate, preliminary to the
issue of a writ of error, was lodged on behalf of Smith
O'Brien. A certificate, of which the following is a copy,
has been lodged with Mr. Stephen Monahan, clerk to
the Attorney-General, to ground the writ of error in the
case of Mr. T. B. M'Manus:—

"' We certify that we have read the plea, in the nature
of a plea of abatement, put in by the prisoner in this
case, and we are of opinion that the prisoner was en-
titled to the right or privilege claimed by that plea, and
that the judgment of the Court allowing the demurrer
of the Crown to that plea was erroneous and contrary
to law, and that such error invalidates the final judg-
ment of the Court; and we are further of opinion that
upon a writ of error the final judgment ought to be, and
will be, reversed; and we, therefore, certify that in our
opinion a writ of error ought to issue in this case.
" 'ISAAC BUTT.
" ISAAC S. CALLAGHAN.'"

THE SPECIAL COMMISSION.
TRIAL OF MR. MEAGHER.
CLONMEL, MONDAY.—The youth and personal attri-
butes of Mr. Meagher, his eloquence and misguided
ability, all combine to render him an especial favourite
with such a people as the Irish, who are more readily
influenced by their feelings than by their judgment.
Amid the crowd of respectable persons who thronged
the Court-house this morning there were no doubt many
who had no sympathies with the meaner fates of M'Manus
and O'Donehue, but who could not help experiencing
some regret at the position of one with such undoubted
mental acquirements as the prisoner, while, in addition
to his political admirers, were those whom local ties or
the influence of family respectability and position in the
adjoining county had induced to see how he bore himself
in the dock of Clonmel Court-house. " If the Irish
revolution had succeeded " Mr. Meagher would have
been its Vergniaud, as Mr. O'Brien would have been
its victim.
At eleven o'clock Lord Chief Justice Doherty and Mr.
Justice Moore took their seats on the bench, Lord Chief
Justic Blackburne not being in the court till later in
the day.
The long panel having been called over by Mr.Pedder,
Clerk of the Crown, only 125 out of 258 gentlemen an-
swered to their names.
The ATTORNEY-GENERAL said, that as some question
might arise on the other side with respect to the selec-
tion of the jury, he should apply to the Court to order
the names of those who had not answered to bo called
over again on fines of 101.
Mr. WHITESIDE, Q.C. (for Mr. Meagher), observed
that he was just about to submit to the Cuurt that they
should follow the precedent set in Frost's case, and that
the names of the remainder of the panel who had not
served as jurors should be put into the balloting-box,
and the jury in the present case selected in that way.
The ATTORNEY-GENERAL opposed the application.
He did not see why the ordinary course of practice
should be departed from in this instance.
Lord Chief Justice DOHERTY—It is a matter in
which the Court can not interfere. They have given
the same answer to a similar application before.
Mr. WHITESIDE—They could not have a better pre-
cedent than Lord Campbell's conduct on Frost's trial.
On that occasion Sir John Campbell said, " He was far
from questioning the authority of the Court to select the
jury as they pleased, but if they thought it ought to be
selected by ballot he would most respectfully acquiesce,
although the jury panel were returned alphabetically, so
that there could be no class or local influence." The
application was acceded to, and the jury were drawn by
ballot. He submitted that the same should be done in
the present instance.
Lord Chief Justice DOHERTY—The application is
not for us, it is an application altogether for the Attor-
ney-General.
Mr. WMITESIDE—Just so, my Lord. I suppose you
will follow precedent.
The ATTORNEY-GENERAL—My application to the
Court is, that those jurors who have not answered should
be called again on fines of 101.
The Clerk of the Crown did so accordingly, but Rot
many of the defaulting jurors answered to the summons.
Mr. F. MEAGHER observed, that the name of a Mr.
Lindsay had not. been called a second time.
The Attorney-General and Solicitor-General both said
the name had been called.
Mr. PEDDER assured the Court that he had called the
name.

Chief Justice DOHERTY considered that such an ob-
servation ought not to have been made by the Learned
Counsel without being certain of the fact.
Mr. Justice MOORE thought that an allegation of the
kind ought not to be made except upon the clearest and
most substantial grounds.
At this stage of the proleedings Lord Chief Justice
Blackburn° entered the court and took his seat.
The Clerk of the Crown then stated the indictment,
which is to the same effect as in Mr. O'Brien's case ; and
the prisoner, on being called upon to plead, replied in a
firm voice, " Not Guilty."
As the clerk was about to call the jury,
The prisoner addressed the Court as follows :—My
Lords, previous to the jury being sworn, I respectfully
beg to say a few words. I desire to protest against the
constitution of the panel from which the jury by which
lam to be tried has been selected. Personally, I care
not whether I am tried by Protestants or Catholics. I
am myself a Roman Catholic, and I feel that my case,
my honour, my liberty, my life, is as safe in the hands
of a jury composed exclusively of Protestants as if it
were in the hands of a jury composed exclusively of
Catholics. Were Ito consult my own feelings I should
not make these observations. But, my Lords, as a
matter of principle, vitally affecting the pure, legitimate,
satisfactory administration of justice in this kingdom
upon high public grounds—perhaps the highest public
grounds that can exist, I feel myself called upon to pro-
tsst—and I do so seriously and solemnly—against a
system by which, in a Catholic county of a
Catholic country, only eighteen Roman Catholics—
only eighteen Roman Catholics—aro returned on a
panel of nearly 300 jurors. In consequence, my Lords,
of the demurrer in the case of Mr. O'Brien I
conceive that it Would be a wanton waste of the public
time were I to instruct counsel to challenge the array of
jurors, but, as this may be the last time I shall have an
opportunity of raising my voice against such a system
which virtually repeals the rights which the law has
conferred upon the members of the creed to which I
belong, I feel it my duty to have done so; but in doing
so, I assure your Lordships, and the gentlemen who may
be sworn, and they who know me know so and will give
credence to what I say, that I am not influenced by the
slightest feeling of sectarianism. .
There was a slight murmur of applause, but it was in..
stantly suppressed.
The jury were then called.
On ths.name of Henry W. Briscoe being called,
Mr. WmTessne asked him if he had taken any part
in the inquiries into the affair at Ballingarry?
Mr. Briscoe said he had been snore or less mixed up
with the matter, as he resided in the neighbourhood.
Mr. Wurreeine again asked the juror (who was in
the gallery over his head) if he had formed any opinion
on the case?
The ATTORNET-GENERAL —You have no right to ask
that question. The juror must not answer it.
Mr. WHITESIDE-.—l 'submit that I have.
Lord Chief Justice BLACKBITREE—Do you challenge
him for cause? We don't think the question proper.
The Court overruled the opposition, considering that
the point had been sett], d by Lord Tenterden in the
ease of " The King V. Edmonds."
The names of the jury were then read over, and twenty
being challenged absolutely on behalf of the prisoner,
and many others for causes shown, a great deal of time
was consumed. The following were eventually sworn:—
James 'Wellington, of Castle Wellington; Augustus
Hartford, Willington Lodge; Samuel Ryan, Anna Villa;
Thomas Lyndsly, Tiudville; Benjamin Hawkshaw Fal-
leen; Nicholas B. Green, Knocknaspie; Richard Ken-
nedy, Knoekballymaher; Themes Heirdon, Summer-
hill; Richard Mason, Cloekenny; Edward Chad wiake,
Ballinard; Benjamin Hee kshavv. Knockane; Richard
Hamersly, Banshee House. One of these gentlemen,
Mr. Greene, is a Roman Catholic.

The Clerk of the Crown then arraigned the prisoner
in the usual form. The indiwment charged him with
levying war against the Queen at the pound of Bal-
lingrcrry, at l'idullinahone, at Killenaule, and at Far-
rinrory.
The ATTORNEY GENERAL rose at a quarter before
two-o'clock. He said, the actual levying of war com-
menced about the 24th or 25th of July, and continued
io the 29th inclusive. He should lay before them the
declarations made by Mr. Meagher himself in the early
part of the present year, which would satisfy them of
the objects and intentions of Mr. Meagher, and that the
time at which he should endeavour to effect a revolution
was the only thing undecided in his mind. It would ap-
pear that an association was formed in Dublin called the
Irish Confederation, of which Mr. Meagher was a dis-
tinguished member. He did not mean to say that this
body was originally formed for treasonable purposes.
The professed object of that society, was to obtain a
repeal of the Union, and he did not mean to say that
these professed objects were to obtain it by illegal means.
After the formation Of that society in the months of
February or March, some of the leaders, and none
more conspicuously than Mr. Meagher himself, funned
the resolution, as he alleged, of effecting a revolution
by force of arms. The first piece of evidence he meant
to adduce in proof of the allegation was a speech deli-
vered by Mr. Meagher himself at a meeting of the
Confederation on the 15th of March. In consequence of
the •proceedings and speeches which had taken place
the Government thought it right to employ a reporter,
a short-hand writer of eminence in his profession, for
the purpose of taking accurate notes of the speeches
delivered in this Association. He attended their meet-
ings publicly, and 'openly announced himself as being
present on the- part of the Government. The meeting
took place after the French revolution, and after a Pro-
visional Government had been formed, and the meeting
was called for the purpose of voting an address to the
French Government, which 'the council intended to pro-
pose to a subscleent public meeting of the citizens of
Dublin, He did not mean to say that the subjects of the
kin4clom -votin4 an address to the people of a country
with wham we were not at war 'yeas' illegal; it might be
a perfectly innocent and justifiable transacticn, but, con-
sidering the objects of those gentlemen, it would be ma-
terial for the jury to ask themselves whether the object
was merely to congratulate the French nation and Go-
vernment on what had occurred in their country, or
whether it was not to create such a sympathy for what
they chose to represent us the condition of Ireland, that
they would be able to procure assistance from France.
Mr. Meagher 'commenced at this meeting of the 15th
of March by reading an address which appeared to have
been drawn up by Mr. Charles Gavan Duffy. It was
supposed that the Government would interfere with
some meeting proposed to be held on the 17th or 18th
of March, and this address requested that the people
would observe order, and avoided coming into collision
with the troops on that occasion. The only part of that
address to which he deemed it necessary to allude was
the declaration that the Irish people would imitate the
conduct of the principal states in Europe, by seising on
their rights with an armed hand. The Learned Gentle-
man then read the speech of Mr. Meagher, in proposing
the address, in which he exhorted the people to elect
delegates from the chief towns of Ireland, who should
seek an interview with the Queen ; and that, if it were
refused, they should pack op their court dresses, and
take solemn oath that the next time they demanded ad-
mission into the Court of St. James's it should be through
the accredited ambassador of an Irish republic. If, how-
ever, the interview were granted, but their claims re-
jected by the Sovereign, he said deliberately that it
would then be their duty to fight, and desperately fight
—that if the throne stood as a barrier between the
people and their independence, his advice would be, " Up
with the barricades, and invoke the God of Battles."
From this speech it was clear that Mr. Meagher con-
templated a state of things in which it would be de-
sirable that the Irish nation should have recourse to
arms against the Government and the constituted
authorities of the country. It was right to men-
tion that this speech was made the subject of a
criminal prosecution, but as it was merely for a
misdemeanour, Mr. Meagher was held to bail, and en-
joyed his liberty up to the period of his trial. In the in-
terval a meeting was held at which it was determined to
present an address to the French Government con-
gratulating them on the success of the late revolution,
and Mr. Smith O'Brien, Mr. Meagher, and Mr. Richard
O'Gorman were deputed to present that address, which
they did accordingly in the course of a few weeks.
They returned to Ireland in the month of April, and on
the 15th of that month a soirée was given at the Music
Hall in compliment to the deputation. Mr. Meagher
spoke on that occasion, and mentioned the result of the
deputation to France, from which the jury would see
that whatever was the professed object of these parties it
was really to excite a sympathy in the members of that
Government and the French people, so that in the event
of a struggle arising in this country they might reckon
on armed assistance from France. Accordingly, in the
course of the evening Mr. Meagher presented to the
Irish people a flag which he brought with him from
Paris, and which he seemed to anticipate would become
the banner under which the struggle would take place.
In the course of his speech he said that the answer of
the French Government to the address was quite satis-
factory; for if arms were not granted the nationality
o' Ireland was as distinctly recognised as that of
Poland, and that this country was recognised as
one of the oppressed nationalities of Europe. He
then said, in allusion to the flag which ho had brought
with him from Paris, that if it were destined to fan the
crimson flames of war, England would behold in its
centre the red hand which struck her down on the plains
of Ulster ; and he earnestly prayed that Heaven would
consummate the vengeance which such a signal vim
sure to kindle. It was clear that the gentleman who
delivered these very eloquent speeches had a belief in his
mind that the time was not far distant when recourse
would be had to arms for the liberation of Ireland from
English rule. The Attorney-General then alluded to
the Act of the 22d of April, and narrated the facts
which led to the arrest of Mr. Mitchel. The arrest of
Mr. Mitchel, and the probability of his conviction, be-
came a serious matter with the Confederation. Political
clubs extensively supported were established in large
numbers, and the evidenCe of. Mr. Meagher himself
would go to show that previous to the trial of Mr.
Mitchel consultations had been held to decide whether
in the event of a conviction that gentleman should be
'rescued. It would be shown in evidence as a matter of
fact, that Mr. Meagher went about night after
night and visited those clubs, in order to as-
certain their strength, and try whether they were pre-
pared to rescue Mr. Mitchel, and at the same time to
commence the revolution. It was downright nonsense to
say that the object of those clubs was merely to rescue
Mr. Mitchel, who was nt the time confined in Newgate,
and in the immediate neighbourhood of 7,000 or 8,000
of her Majesty's troops. The fact was, and the speech
of Mr. Meagher will prove it, that in point of fact the
period had come when an attempt at revolution should
be made. After much consultation it was agreed that
inasmuch as the harvest had not been got in, and that, in
consequence, the forces of her Majesty might starve the
people into submission, the attempt at rescue should not
take place. The intention of rescuing Mr. :Mitchel was
therefore abandoned, but it was :arranged that the revo-
lution was only to be postponed for a very short time.
Mr. Mitchel was convicted and sentenced to transporta-
tion, and a few days afterwards (on June 6) Mr. Mea-
gher made a speech at the Music Hall, in which he de-
clared that the lives and liberties of Irishmen were no
longer their own, and that the day was not far distant
when Mr. Mitchel, who had been convicted by fraud,
trickery, perjury, should bo rescued from his
imprisonment and return to his native land,
" the first citizen of a free and sovereign state.'
Was it wrong, therefore, to state, after the ex-
pression of such sentiments, that the formation of
armed clubs was merely for the purpose of rescuing Mr.
Mitchel, and that there was no general intention to com-
mence a general and violent revolution ? Although the
Confederation had come to the conclusion that the people
were not prepared to meet Mr. Mitchel, still they con-
templated that the time was not far distant when his sen-
tence should be reversed by force of arms, and he return
to his country the first citiz tn of a free and and sovereign,
state. How that freedom was to be effected, except by
an avowed revolution, it was difficult to tell. Some short
time after the delivery of that speech, Daffy, Martin,
Williams, and O'Doherty were arrested. It then be-
came a matter of consideration with Mr. Meagher and
his associates as to what was to be done—whether those
persons, if convicted, should be allowed to leave the
country ; and as to whether the period of their trial was
to. be selected as the proper time to commence the revo-
lution. One of the reasons assigned for not rescuing
Mr. Mitchel was, that the harvest was not got in, and
consequently there• would be no food to sustain the
people but sit would appear by the evidence -that
either on the 14th or 15th of July, a meeting of the
Confederation was held to decide -whether the period
for revolt- had arrived. At that meeting the
subject was fully discussed; and it was agreed that the
time was come, and that, at all events, before the Bth of
August, the period at which it was expected the trials
would hitve terminated, the revolution was to commence.
The Attorney-General described what followed the dis-
solution of " the Confederation" and the establishment
of •' the League," and the formation of the clubs. He
should prove by a witness (Mr. Dobbin) tl,at the pri-
soner was a member of the " Red Hand Club," and that
he was one of those who voted for the Council of Five.
Every effort, he expected, would be made to impeach
the veracity of this . Witness, but he (the Attorney-
General) had now come into court prepared 'to support
both the character and conduct of Mr. Dobbin. After
describing the evidence that Dobbin would give, which
was the same as in the previous trial, he then read the
speeches made by the
,prisoner at Enniscorthy and
elsewhere, in which he said- that' he me. the people
again sooner than he expected, but that the base and
bloody Government had taken another step, and for every
step they took lie would take another; that.he asked the
people it they were ready to stand before the military,
stated that the Government had trampled on all law,
and that be and those associated with him, would give
them no law; that he asked the people were they ready
to give effect to the blow, end said that if they were de-
feated, they would go down like the French fire-ship,
shouting, "Long live the Republic." At Ballingarry
MraMeagher stated abet
.he himself was going to a
different part of the country for the purpose of
the flames there. If upon that occasion Mr. Meagher