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

OCTOBER 10f
BAs xi 7

ge
d
naGwpstmnoheyanhodlmaat
Government
tnel
ettevoi
dhrtent.yehnaar,
f.oetmrtuauobenasmpmen used
I other
t,
refreshment?i
could
d- -
aosoa
yitDul
two
tlue.
hrud)
and
symdafni
enltol
aehrygt ueesodetukt
ojdjeldsoogiphbi
nlGennyeli
demaeogt
Govern
oe_eoi
ear?frut
cnunohi
j N.
d,
oc
Papists?
oob,
uu?
11 odrldni hodet
n 'to
neverop request
tr
.he_hyfi
prefer
you
adod?
Nader.--illid—ydu reply that he was a right fellow, but
e
g
I
m
you ultimately go with this person into a house to have
join a club? I did not.—Did he say he would be ex-
any such thing at all. Did you say he ought to know
ttn
gni
it
jeconvgeal
same
akusnamepa
eiydii
tnop,i
infor-
mation, —irtrnh:
Did you say he might easily obtain one if he liked,
i
son Dalton in the street about three weeks after-
wards ? you say you bad been arranging
matters with Colonel Brown ? Never, never.—Did
you say to him, Till the priests were exterminated
and Popery 'put down, things would never be right
in Ireland ? Never.—Did he allude to Mr. O'Brien,
and say he was more criminal than the Papists? Never.
—Did you say it was lawful for a Papist to commit per-
jury against a Protestant, and that you thought it would
be fair for a Protestant to commit perjury against a
Papist? Never.—Did he call you a rascal, and tell you
to quit the room? No.—Did you immediately change
your tone of voice and manner, and say you were only
trying him; and did you then ask him if he did not know
you were humbugging him? No.—You deny it all? I
do; it never occurred.
A young man named Henry Dalton was then sworn,
and examined by Mr. WHITESIDE, and gave the follow-
ing testimony: —I travelled by an express train from
Dublin to this town, and have only just arrived in Clon-
mel. I left Dublin at three o'clock this morning. My
father held a situation in the Cashel Cathedral; my own
business is that of a teacher of Trinity College. I was
at one time a teacher at the Rev. Mr. Huddart's school
at Dublin; I was also a teacher at Dungannon College,
under Dr. Darby; I have also taught in this county; I
was resident tutor in the house of Mr. Pennefather, of
Marlow (one of the jurors), in this county.
Mr. WHITESIDE—Do you remember being in a tavern
at the corner of Stephen-street, about the middle of
June la3t ? I do.—Did any discussion arise in your
presence between three persons? Yes.
The witness was then confronted with Dobbin, and
desired by Mr. Whiteside to say whether he was one
of the three persons he had seen the tavern. Witness—
He was upon my solemn oath.—Tell the jury what
passed between those three persons before you took part
in the conversation. Witness—Two of the three were
advocating a repeal of the union, and the substance of
their remarks was, that repeal could never be obtained
except by the means advocated by the late Mr. O'Con-
nell—moral force. Dubbin said that he was a Protes-
tant and an Orangeman of the north, and that the inde-
pendence of Ireland could never be obtained except by
force of arms. He said that the time had now arrived
when a repehl of the union, perhaps, would be obtained,
and that a Republican Government and the principle's
of John Mitchel would benefit Ireland. He mentioned
the name of Smith O'Brien, and said his policy was too
tam.. I had not taken part in the conversation
then ; but that man asked me what was my opinion ?
I said it was my opinion that agitation was the bane of
Ireland, and I attributed my present suffering altogether
to it. I said that I was averse to the repeal of the union,
and that I shied the petition against repeal as a student
of Trinity Coflerr'e. Mr. Whiteside—Did Dobbin do any-
thing? I noticed him distort his face; he made some
distortions of his face. I left, and was going home, when
he followed me and said that the men wished me to have
supper with them. I said it v. as too late, and must
go home. He said that I must come. I did go. Mr.
Whiteside - Did he, after that night say anything to you
about joining a club ? Witness—He asked had I joined
a club, or would I ? I told him I would not join any
club, as a notice had been posted upon the college walls
that any striae:lt woul I be expelled who joined a club,
and I intended going in for scholarship the following
year. I told him I would lose all my collegiate prospects.
lle said that n'tbough I might lose my prospects there,
I might not els,?wh..re; and he told me that Government
might appoint me as the head of some colonial college,
as I was fit for it.—(Dobbin here smiled). Mr. White-
side—Did you separate shortly afterwards P Witness—
We remained till one o'clock.

Examination resumed—How long way it before you
saw him again? Three or four weeks, at the corner of
Trinity-street. He tapped me upon the shoulder, and
asked me to take a glass of punch with him, and we
went into a house for refreshment. I paid for it. Wit-
ness hero said that he was subject to a nervous palpita-
tion
of the heart. Mr. Whiteside—Have you ever
spoken to Mr. O'Brien or his attorney?—No. What
passed upon the occasion to which you referred?—
Dobbin asked was Dens' fheology read in college. And
• I said it was not to my knowledge. He said that by
Dens a Roman Catholic was qualified to swear and get
absolution from a priest for any information false or
Med himT 714st,11Alf asnkediegruiftd;-tifitrytslY lillif fc,
leave the place. He then went out and came in again,
and smiling, said he was surprised that a man of my
learning could not perceive that ho was humbugging.
Mr. Whiteside—When did you read Dobbin's evidence
in the paper? Witness—On Thursday. I should have
said that I mentioned these circumstances at the time
they occurred to others, and on reading the paper, I said
to them, " Oh ! do you remember what I told you about
Dobbin?"
Cross-examined by the ATTORNEY-GENERAL—YOU say
you gave your address to Dobbin by the light of the
lamp? Yes.—Where do you reside now? In 27,
Bishop-street.— Attorney-General —How long have you
lived there? About three years; the person's name is
Mr. Desmond, and he was in the dealing line, selling
provisions.—Whore did you reside the remainder of the
three years? In different places; I was in 49, Digges-
street; sometimes I filled situations, and sometimes
changed my lodgings. I have been in England.—
Where? Iu Liverpool, looking for a situation; which
I may say I got, but lost it afterwards. I engaged with
a gentlemen named Dove, whose residence was called
Makinpeace Hall. On going over, however, he wrote to
me in Liverpool to ask if I were an Irislimon; I said I
was, and a freeman of the city of Dublin; and his reply
was, that an Irishman would not suit.—(A laugh.)—How
did you live in Liverpool? I had two or three pounds
with me when I arrived, and earned three or four by setting
up a night-school.—Where? In Liverpool.—What name
did you pass by in Liverpool? Mr. Dalton, of course.—
Attorney-General—There is no mistake about that? Wit-
ness—Not the slightest. Since my return I resided with
M'Dermott, except, as a matter of fact, I lived with a
woman named Kelly, opposite Peter's-row, for a few
weeks or so; it was a private house. I paid M'Dermott
3;. sd. a week; I don't teach a school there, but I teach
pupils there; they don't come to me, for the place is too
humble for that, but I go to them; that., however, makes
no great difference, for I think as much of myself as ray
examiner, when in college.
ATTORNEY-GENERAL—Or course you do. You said
you had the conversation with Dobbin in June. What
was the date?—l d ,n't register dates of modern events.
You were at O'Neill's, you say, for four or five hours
before the other men came in. Were you reading the
paper all that time?—l was; I was reading the history
of the French revolution.
When did that revolution take place? When I said
the French revolution, it was not altogether the case, it
was the late attempt after a republican form of govern-
ment, when Leniartine was put out. I know it was about
the middle of June, by the review in the park.
Who paid for the supper? —I did not. I cannot
tell. The bill, I suppose, was paid by the other three.
How did you know Dobbln's name ?—He told
it to me going home. When the man spoke to you
about Trinity Collage, what did you say ? I said I was
a divinity student.—Did you graduate? I did not. I
have taken my name off the books. Well, I cannot say
I took it off—it was struck elf about May last, because I
could not pay 71. 10s. for my fees. Did you not coma in
to see Dobbin when he was being examined just now?
No! I was told I was wanted, and I came in; but, on
my oath, not to see Dobbin or any other persons.—Was
he pointed out to yon? lie was not.
The ATTORNEY- GENERAL, addressing Dobbin—Do
you know this gentleman? The two witnesses stood on
the table, confronting each other. Dobbin—On my
oath I never saw him.—This statement produced an ex-
traordinary sensation in the Court.
A juror to Dalton—Dili you give this evidence to any
one before you C 101,3 to this town? I dig; I mentioned
it to some friends. I toll them that I was almost con-
vinced that this De'e!sin was the same person I had met
in the public- house. I swear that I never expected to
be brought here. I wrote a letter, stating these facts,
which I sent to the Freeman's Journal office, upon hear-
ing the evidence given by Dobbin, with a view to having
citopmueb(liioswhendilearen.d
Ntvh
Lpneolpwlerotthee that eth levt°terrorcledhamd not
the the most remote idee that I would be here to-day.
said
hwea s
wtahse an
oe
txaamimneedmbbeyr oonfe
tohfe tchoeunj fie
irly.
of
2Hle.
esentative of a club,
Thats(„nta thiveewoern
at teolutbh.c mgeeet‘ivnags ian
rtelpter capacity of a repro.
and as such formed pert of the council.
The two witnesses were then ordered to withdraw.
Mr. O'Brien—l think it right to make my aeknow•
ledgments to the Attorney-General for allowing this
witness to be examined.
The LORD CLIIEF JUSTICE re-eworneneed. If
what Dobbin says be true, the whole of that state-
ment of Dalton is a pure and absolute fabrication.
Bat if this witness speaks the truth, it is for
you, and you exclusively, to decide. It otezht
not to operate on you, if you do not believe it.
His Lordship then commented upon the evidence which
brought the case down to the 25th July, when Mr.
O'Brien called upon the policemen at Mullinahono to
surrender, promising them promotion and bettor pay
than they had. This evidence about going to the bar-
racks at Mullinahone was most important, as to whether
Mr. O'Brien was meditating personal safety or a revolu-
tion; and he (the Chief Justice) believed that the latter
was the obvioue view of the evidence, for to meditate dis-
arming the soldiers, or to place them under any other
pay but that of the sovereign, was as clear an overt am
of high treason as could be committed. His Lordship
then came to the affair of Boulagh-common, and said,
whether Mr. O'Brien was in command when the shots
were fired, or gave the COMIIIOIIIa for that purpose, does

not at is this—that an
armed jtitudes made an
attack Q_ ,n, compelled them
to take refuge in a house, and then in their own
defence, and in defence of the property of the Queen,
to fire shots, by which human life was sacrificed.
With respect to the words "Slush away, boys, and
slaughter them all," said to ha ieen used by him, I
think it right to state, I believe 'ose words were not
uttered by him but by some b. .y else. But that does
not make any difference as to the criminality of the
language. They were all one party, engaged in one il-
legal act, and the command given by one of that party is
as much the act of the other as if it had been pronounced
by his tongue. And it is further highly immaterial to
consider whether the people fired with or without that
command. They were all there for an illegal purpose,
and every one of the party was responsible for the acts
of the other. The Learned Judge having noticed the
evidence of Carroll, and of another witness, Cox, conti-
nued thus :—And now, gentlemen, I have laid before
you the entire of the evidence with respect to this infer-
tunate transaction. In the first place, general evidence
with respect to the attachment to the Crown and as to
the constitutional principles of Mr. O'Brien was ad-
duced, and on this general evidence there can be no
manner of doubt. It appears to me that early in March
last Mr. O'Brien had undergone unfortunately some
change in his political views, and that then ideas sug-
gested themselves to his mind which he had not enter-
tained before; but whatever may be the value of the
testimony to his character, God forbid that I
should deprive him of it. The other evidence on
his part, which I have read carefully through,
relates to the rules cf the Confederation and of
the Irish League. Those rules appear to me to
be perfectly legal. I cannot discover anything in them
to attach to the Confederation the idea of criminality or
suspicion, or anything, in short, if strictly observed, re-
pugnant to any principle of the law, or open to any alle-
gation. With respect to the rules of the League, which
was formed, as it appears, of the members of the two
bodies—the Confederation and Conciliation-hall—they
are obnoxious to no observation whatever. But the
question is, whether those rules were observed by him,
or whether a course of conduct at variance with them
was adopted by him when a member of those bodies, and
professing to act in accordance with their rules. In the
speech of the 19th of July—a remarkable speech on a
remarkable occasion—Mr. O'Brien distinctly preserves
to himself the right, uncontrolled by any engagement
with respect to those bodies, to pursue his course through
the medium of the clubs to the object he then contem-
plated. And now, gentlemen, I commit this case to your
serious consideration. A high duty you have to dis-
charge—a most laborious duty it certainly is—a painful
duty it must;be, if you should take an unfavourable view
of the evidence before you. I shall rejoice if seriously,
soberly, and conscientiously, you can come to the con-
clusion that the prisoner is not guilty of the charges al-
leged against him by the Crown; but if, on the other
hand, seriously, soberly, and conscientiously you think
him guilty of these charges, there is no consideration
that can justify any human being in that box in doing
otherwise than that which the obligation of his oath de-
mands.

Before the retirement of the jury, several questions
were asked by the jury, to which the CHIEF JUSTICE
replied in effect—According to Mr. O'Brien's defence,
the object he had in view was his personal security.
If that were his object, and his only object, there is no
reason to say that he might not have made his escape.
But ho never atrenpted to escape. If the sole exclusive
object of Mr. O'Brien were to escape arrest—if there
were no general purpose involving that particu!ar pur-
pose of his mind, then, no matter what acts he might have
committed, you are bound to acquit him of high treason;
but if, on the contrary, you think he had, in addition to
his personal object, a general purpose, such as effecting
a revolution, a repeal of the union, or any other general
object of a political character, and that his acts were
committed in furtherance of that object, you must find
him guilty of high treason.
A Juror—l wish to know if the attack of Mr.
O'Brien on the police were made to resist arrest, and
that he did not wish 1) escape, would that be high
treason.

The LORD CIIIEF JUSTICE—The resistance to the
police, by force or violence, no matter how great, if car-
ried out in furtherance of the only object, personal
security, would not be high treason, but if for the pur-
pose of effecting the gtneral object laid in the indict-
ment,it would be high treason. _

A 'juror—The principal expression all through the
evidence,
LORD CHlEFnceiasusedby TA.O
Ir.sTlnl O'Brien,f yla`o`u ie
probteelctve thatme—p toro-
tect me from arrest."
The
have been his sole WILL
you ueivre. , the result
The Judges havingbacnahseVv-itb whicu
turned, and at thigrthe. o.l37"rJ._—.Tepladvercit eacia
tutrAilietlMlTey to return a verdict on all five ?

The LORD CHIEF JUSTICE—YOU may return a ge-
neral verdict of guilty, or not guilty, on all the five
counts. The sixth is withdrawn, therefore upon it you
will return a verdict of not guilty.
The jury withdrew to their room.
over
eecAr
jbet
urho
rkueyt
rohoefarlittfe:erpeladescht
Crown
—How
againyJtoouf)dh,gtohieuse:ngcaro w returnedcalled
to the court, and took their seats on the bneenticehm,evintheonf
the jury, on the first count, guilty, or not guilty ?
The Foreman—Guilty.
The word caused a perceptible se sation in every
corner of the court. Mr. O'Brien slightly nodded his
head to the jury.
The came general verdict was returned on the other
counts, except the sixth, which had been withdrawn.
The Foreman said, in tones which were nearly inau-
dible, " ➢iy Lord, there is a recommendation from the
jury. I really cannot read it, my Lord. Mr. Pedder,
can't you read the rest?" _ _

The Clerk of the Crown then read from the paper
what follows:—" We earnestly recommend the prisoner
to the merciful consideration of the Government, the
jury being unanimously of opinion that, for many rea-
sons, his life should be spared. For self and fellows,
Richard M. S. Manseragh, Foreman."
The Clerk of the Crown then resumed his seat, and
for about five minutes an unbroken silence prevailed,
the eyes of all being fixed on the calm, self-possessed
coumtenance of the prisoner. At length,
Mr. Justice BLICKBURNE said, in a low voice, " Ad-
journ the court until ten o'clock on Monday morning."
The prison van which contained Mr. O'Brien was
guarded by a strong body of police, but thero did not
seem much necessity for their attendance. About sixty
poor persons were assembled round the court, half of
whom were women, and but few of those assembled fol-
lowed the van to the gaol. The greatest silence pre-
vailed in the streets. The town and neighbourhood are
quiet.

MELANCHOLY ACCIDENT IN THE
PRESENCE OF HER MAJESTY.
PORTSMOUTH, MONDIY.—A most unfortunate catas-
trophe, which caused her Majesty and the Court very
distressing apprehension, occurred this afternoon at
Spithead. A wherry, containing two watermen and five
women, put off from Gosport, notwithstanding a whole
gale of wind was blowing and the danger-flag flying on
the Market-house, to board the Grampus, on board
which ship it is supposed they had friends. When off
the buoy up the Spit, abreast of Southsea Castle, in
" going about" to " fetch" the ship, the women suddenly
shifted their berth in the boat, and the squall taking her
she upset and all hands were plunged into the water, the
sea running very high at the tune. How long they re-
mained in the water is at present unknown ; but their
situltion was first discovered as the Gipsy cutter, be-
longing to the Custom-house (which had been out to put
a watch party on board the Grampus), was on ber return
into harbour, when Mr. Thomas Whitty, the tide-
surveyor, in command of the cutter, observed what
le thought to be something alive making signals of
distress upon the water. Upon a general direction
of attention to the object, it was discovered to be
a man waving his hands for help. The cutter bore down
upon him, and, when near, Mr. Whitty abandoned the
helm, plunged into the boat towing astern, and with
two smart hands—Thomas Hill (son of Mr. 11. Hill,
tide-surveyor of this port) and Geo. Winn, an "extra"
officer, cut away the painter and proceeded to the rescue
in less time than it has talon us to describe the action.
Tney neared the poor man, whom they found upon the
bottom of the wreck of his boat in a state of exhaustion,
and put him on board the Fire Queen steam-yacht,
which followed the Fairy from Cowes, where he received
the most praiseworthy attention from Master Com-
mander Allen and his crew. Whilst this, or before this
was accomplished, the Fairy drew near the Spit, when
his Royal Highness the Prince Consort descried some
bodies floating on the water on the starboard side of the
yacht at some distance from the spot where the man
was picked up off the sunken boat ; the Fairy's large
boat was immediately lowered by his Royal Highness's
order, and a crew jumped into her and pulled " with a
will" towards the spot where the bodies had been pointed
out by the Prince. They dragged the bodies of three
women into their boat, which were all they could see, and
hailed for the Gipsy to take them in tow (the Fairy
being furthest off), which she did, and put the sufferers
ashore at the Quebec Hotel, whence they were carried
by the boat's crew to the Isle of Wight Tavern. The
most prompt assistance was furnialied by Mr. and Mrs.
Aldred, the host and hostess, and several medical gen-
tlemen, were instantly sent for, whose skill was tested to
the utmost, but we regret to say without success. One
only of the bodies showed any signs of life at the time
this account left. The other two were dead. The name
of the man put on board the Fire Queen is Lock. His
partner's name was Laishley, who sunk immediately the
boat capsized ; together with the two women lost, mak-
ing a total of five dead.
No language can convey an adequate idea of the
spirit evinced by Mr. Whitty in his noble efforts to save
his fellow-creature, in which he so happily succeeded, in
the presence of her Majesty, who signified her approba-
tion of the act by waving her hand to the gallant officer.
This is the sixth life Mr. Whitty has saved, but we re-
gret to state he is hurt in the arm and head in the at-
tempt, though not materially. Her Majesty, after land-