The Sun.
London, England, 1848-10-09 00:00:00

and these documents might have been inserted. That
is in the nature of things perfectly possible, but it is for
you to say. During the time the trunk was in the pos-
session of the Crown the trunk and its contents were
satisfactorily accounted for; it is for you to say whether
you have any rational doubt that the papers in it were
in it at the time Mr. O'Brien parted possession with it.
Upon what ground can you say they were not ?
What fact justifies the suspicion, much less the belief,
that it was not? Then again, it is said that the exist-
ence of the papers before Mr. O'Brien's arrest was not
proved. It is perfectly plain, with respect to the letter
of Mr. Duffy, which bears date previous to the arrest,
that it existed at the time Mr. O'Brien deposited his
trunk at Cashel. There is a letter of Mr. Meagher in
existence a considerable length of time before. There
is also a document dated May, which was found in the
portmanteau. All these were evidence that these docu-
ments did exist before Mr. O'Brien's arrest, and if you
are satisfied they were put into the portmanteau by
Mr. O'Brien, you must receive them, and in so far as
you are justified by the nature of things. you must visit
him with the possession of these things, and with the
consequences. And if you think Mr. O'Brien is not re-
sponsible for them, from any reasonable doubt you may
entertain on the question I have suggested, then you
should exclude them altogether from your consideration;
but if, on the other hand, you think he is liable, and that
there is no reason to doubt he put and kept them there,
then you will consider how far they ought to bear on the
charge you are investigating; that charge being that
he, at the time, from his correspondence and
from the communications addressed to him, en-
tertained and harboured the treasonable inten-
tion imputed to him by the Crown—namely, the
project of a revolution. The first of these documents, in
point of date, is the letter from Philadelphia. It is
dated the 10th of May, and must have been received
about three weeks after that time. (The Learned Lord
Chief Justice then read the letter which has already ap-
peared in evidence, and proceeded :)—According to this
letter there then existed in Philadelphia a body acting
n the subject of Irish affairs, and a body was formed in
America for the purpose of managing those affairs and
of carrying on a correspondence with Ireland. This is
a communication from a foreign country, stating that
means will be used, and exertions put forth, for the pur-
pose of forwarding the cause of Irish liberty. It is for
you to consider if that means any constitutional effort to
maintain any species of reform by constitutional means
or has reference to proceedings of arevelutionary charac-
ter. Whatever may have been the intention of the per-
sons mentioned, it appears plainly that Mr. Meagher
was about to proceed to America, from a letter which
follows, and in one of his former speeches the mission to
America is distinctly alluded to by Mr. O'Brien. Mr.
Meagher says, " I am off to New York to invoke
sympathy and"—(the Learned Judge then read
the letter in question). These two docu-
ments connected with the declaration of the
intention to send a mission to America by Mr.
O'Brien, are most important, as showing the object of
the intended movement there. The next document is
an important letter from Mr. Charles G. Duffy, which,
if it stood by itself, would be by no means destitute of
importance. You are to look to the whole mass of evi-
dence, and see if it carries out the scope and conclusions
contended for by one party or the other. This letter
is of great importance. It is addressed to Mr. O'Brien,
and it may be useful in determining whether the nature
of the movement contemplated was constitutional or re-
volutionary. (The Learned Judge read the letter.) It
would appear their plan [Mr. Whiteside—" Duffy's
plan, my Lord "]—was to form a great body of persons
to effect their object through the medium of certain
measures therein specified. This letter was, as you will
observe, from Duffy to O'Brien. It was found in
O'Brien's portmanteau. And whatever value you may,
attach to it, it is for you to explain the state of revolu-
tion there spoken of ; and it is for you to consider
whether O'Brien is to be the person responsible for this
letter. The next evidence, in point of time, is that
which is deposed to by Dobbin. Dobbin's account of
himself is one which has given rise to the objection
to the reception of, or rather to the belief in, his testi-
mony; and it is contended that he comes forward before
you as an accomplice, and that you ought not to hear his
evidence, unless it is corroborated with respect to the
main facts, by some important testimony from other
quarters. If you take his statement to be true, how-
ever, he does not stand in the light of an accomplice.
An accomplice, gentlemen, of the jury, is ono who ac-
tually engages in the illegal act he comes forward to de-
pose to; and Dobbin, according to his own statement, did
not become a member of this society with any intention
of carrying forward or executing its object or plan. He
became a member, as he says himself, for the purpose of
" couster-plotting the plot;" in other words, he should
rather be called a spy than an accomplice. But whether
you regard him in one light or the other, my direction to
you is to examine the evidence closely, and to see how
tar it is corroborated by the various matters with which
it stands in connexion; and first of all to examine it by
itself. He represents himself to have been present at
three meetings—most important meetings as to the
time at which they were held, and as to the business
there transacted. The Learned Judge read the evi-
dence of Dobbin from his notes in extenso. He did not,
you will observe, name one person as being aware of his
presence. He refused to give the name of the person
with whom he held communication; and the Court was,
in the first instance, of opinion that they could not com-
pel him to take any other course and name him; but it is
now perfectly plain from the sequel of the evidence that
he was a privileged person, because he turned out to be
the medium with the Government itself. There can be
no question that this man's evidence had been properly
received. The guestion whether you will receive it or
not is matter for your consideration. If you believe he is
telling a story of his own fabrication, you should dismiss
his evidence; but if you find it is reasonable and pro-
bable in itself, and that it is corroborated by the acts of
other persons, and by the acts of O'Brien himself—if
you find it is consistent with the proceedings of these
parties, and find him detailing acts which might be
part and parcel of the same arrangement, you are to con-
sider if he is entitled to belief. On the other hand, if
you think he is a spy and a partial and faithless wit-
ness, you should discard his evidence altogether, and not
give credit to any part of it. It is very important to
see if, in point of fact, any of these meetings ever took
place. His statement with respect to the existence of
the Red Hand Club was proved by two policemen, who
deposed they saw the name written on the windows of a
certain house, and that they saw people going in and
out of that house as members. In so far, therefore, as
his testimony was repelled by the suggestion that there
was no such body, it is plain there was. But, besides
this, there was most ample means of contradicting him
if he was not telling the truth.
Mr. WHITESIDE—It was impossible to say before the
trial that the witness would have been produced. His
client ought not to be affected by the fact that he had
not been furnished with a list of witnesses when he had
specially applied to the Court for it.
The LORD CHIEF JUSTICE.—The very authority you
referred us to shows how the law stands with respect
to this subject. The Learned Judge then read a
passage to the effect that the guilt of the pri-
soner depended not on the absence of any expla-
nation from him of the crime laid to his charge,
but on positive proof of that charge from the Crown;
but that if certain appearances were made out against
him it was not unreasonable to expect that he should be
called on by evidence, out of regard for his own safety,
to reconcile those suspicious circumstances. Now, I
don't think it is by any means to be expected, or that
it is a requisition you have a right to make, that because
this man was examined on last Saturday the prisoner
was bound to show he was not telling the truth; but I say
when there is the possibility that he spoke the truth, and
when there is no evidence to the contrary, there is no
reason not to receive his evidence.
Mr. WHITESIDE—The authority you quote to the jury,
my Lord, is an English case. The prisoner of whom
these observations were made had a list of witnesses 11
days before the trial.
The LORD CHIEF JUSTICE—That is perfectly true—
the prisoner was indicted in England. The prisoner in
this case is exposed to the disadvantage, or rather he is
not entitled to the advantage which he would have re-
ceived in England, of being furnished with a list of wit-
nesses ten days before trial. It does, I confess, appear
doubtful to me whether upon consideration of the subject,
I should advise you to say there is not some presump.
tion that his (Dobbin's) story is true in its main parti-
culars. The Learned Judge read over the rest of the
evidence, and on concluding it said, as the hour was so
late, it would perhaps be better if he left off at that stage,
and if the jury meantime looked over their notes of the
evidence.

Mr. WHITEIIDE requested his Lordship to instruct
the jury that Father Kenyon's name appeared on the
balloting papers, though the witness Dobbin stated that
no priest would be ballotted for; and that Mr. O'Brien's
name had appeared on the papers only once and had
then been struck off.
The LORD CRIEV JUSTICE did so, and as he was
about retiring from the bench was addressed by soma of
the jury in a low tone of voice.
Mr. O'Brien thereupon exclaimed, " If the jury have
no objection, I should like to hear what they have to say
to their Lordships."
. . . _

A juryman (addressing his Lordship)—I wish to ask
your Lordship one question. The witness Dobbin
stated that his club was not called. Then, how cornea
it that be was present at the meeting of the presidents
of clubs? How did he get in there? I don't understand
that at all,
The LORD CHIEF JUSTICE—The day of the meeting
to which he alluded was the 21st; the day on which the
clubs were called was the 15th.
The juryman—But how could he have attended on
the 21st, if the club was not acknowledged on the 15th?
The LORD CHIEY JUSTICE—He stated his club was
a branch club, and that he was not acknowledged as a
representative; but he says he was a member of the
club. His Lordship then read his notes referring to this
portion of the evidence.
Another juryman—The meeting was composed of
the representatives of clubs. I do not understand how
he could have been there if his club was not acknow-
ledged.
The LORD CH/EP JUSTICE—I would advise you, gen-
tlemen, to look to your notes, and see how the evidence
stands as to this matter. .

Mr. WHITESIDE —I think you have it on your notes,
my Lord, that all but the representatives of the clubs
were ordered to leave the room, but that Dobbin

remained, although he states he was not a represen-
tative.

His LORDSHIP again referred to his notes, and hav-
ing concluded the extract,
Mr. O'Brien addressed the jury, and said—May I be
allowed to call your attention to the remark which fell
from your Lordship as to the possibility of bringing
evidence to confute the testimony of Dobbin? The
jury must know that every man in the Confederation,
or any one who has taken a leading part in the
management of it, or of the clubs, has been hunted
down by the Government, and that it would be impos-
Able to bring thew forward to contradict it,

A juryman—It does not appear that Dobbin was one
of those who was allowed to remain. He was not re-
cognized as a member of the clubs.

Mr. WHITESIDE —The case will do as it stands very
well

The jury were then given into charge of their usual
guardians, the four policemen, and
The Court adjourned at seven till nine o'clock to.
morrow.

VERDICT ON MR. SMITH
O'BRIEN.

CLONMEL, SATURDAY NIGHT,

At the sitting of the Court, at half-past nine, Chief
Justice Blackburne resumed his charge to the jury,
and reviewed the evidence in detail, very briefly com-
menting on it as he proceeded. In regard to the
summoning of the police at Mullinahone to surrender,
and offering to receive them into his pay, the pri-
soner, his Lordship said, had committed an incontro-
vertible overt act of high treason. Next his Lordship
referred to the letter addressed by Mr. Smith O'Brien
to the directors of the Mining Company, which he
read, and then remarked that he wished to heaven the
contents of that letter could admit of any other con-
struction than that which its plain language manifestly
imported.
His Lordship had not been more than an hour ad-
dressing the jury, when, to the astonishment of the
Court,

Mr. WHITESIDE, Q. C., on the part of Mr.
O'Brien, interrupted his Lordship, and stated, that he
had an application to make ;to the Court of a most
important nature,as affecting his client, but it was of
such a character, that he could not at that moment
mention it in open court. He, therefore, requested
their Lordships to retire for a few moments into
chamber, to hear the very extraordinary circum-
stances that had that moment come to his knowledge.
After some conversation, the Attorney-General not
objecting, their Lordships retired.
After a few minutes the Judges returned, when a
witness named Dalton was called and examined. The
object of his testimony was to throw discredit on the
testimony of the informer Dobbin. Dalton stated,
in effect, that some months since Dobbin solicited
him to become a spy, a proposition which he indig-
nantly rejected, and from that moment their ac-
quaintance ceased. Dobbin was called, and con-
fronted with Dalton. The former asseverated, in the
most solemn manner, that he had never before seen
Dalton in his life.

The CHIEF JUSTICE resumed his charge, and left
the whole case to the jury, who retired a few minutes
after three o'clock.

About half-past five o'clock the jury returned into
court, and on their names being called over,

The Clerk of the Crown said—How say you, gen-
tlemen of the jury, as to count No. I—is William
Smith O'Brien guilty or not guilty ?
Mr. Southcote Mansergh—GUlLTY.
He then handed in the following written paper to
the Court :—" 'We do earnestly recommend the pri-
soner to the merciful considerati m of the Govern-
ment, the jury being unanimously of opinion that, for
various reasons, his life should be spared."
The announcement of the verdict created a pro-
found sensation in court. Mr. Smith O'Brien heard
the announcement with the most perfect composure.
He leaned on the dock, apparently quite unmoved.
After a lapse of ten minutes, during which the
most perfezt silence prevailed,
The CHIEF JUSTICE said—Let the court be ad-
journed until ten o'clock on Monday morning.

DUBLIN, SUNDAY MORNING,

The verdict of Guilty against Smith O'Brien was
published in extraordinary editions by some of the
newspapers this morning, and the result of the trial
—one so contrary to the general expectation—was
generally known in this city so early as eight
o'clock. But the intelligence does not appear to
have caused the slightest sensation. This apparent
indifference, however, is one of the extraordinary
signs of the time.
M'Manus will be next placed on his trial to-
morrow morning. The finding of the jury, in the
case of Smith O'Brien, establishes the conspiracy
to levy war against the Queen ; and the verdict
will, of course, materially influence the other cases
for trial.

The Commission at Clonmel, certainly, will be
adjourned about the 16th or 17th instant, as the
Dublin Commission commences on the 21st instant.
Mr. Gavan Duffy will be tried probably on the 23d
instant. The sittings at Clonmel will be resumed in
December.

DEATH GF THE EARL OF CAR

LISLE.

We have to record the demise of this nobleman. The
melancholy event took place at eleven o'clock on Satur-
day morning, at the family seat, Castle Howard, York.
shire, after a lengthened illness—indeed for the last few
months :the Noble Earl was unable to move. There
were present on the occasion the Countess of Carlisle,
Viscount Morpeth, Mr. and Lady Caroline Lascelles,
Lady Dover, the Hon. Captain Howard, M.P., and the
other members of the family, with the exception of the
Duchess of Sutherland, who was absent, owing to the
indisposition of the Noble Duke. The deceased, George
Howard, Earl of Carlisle, Viscount Howard of Morpeth
' of Northumberland, and Baron Gillesland county of Cum-
berland, in the Peerage of England, K.G., a Privy Coun-
cillor, and Fellow of the Royal Society, was born on the
17th of September, 1773, and succeeded to the title on
the 4th of September, 1825, having married on the 21st of
March, 1801, Lady Georgians Dorothy Cavendish, &ugh-
, ter of the late and sister to the present Duke of Devon-
shire and to the Countess of Granville. By this lady
he has had issue twelve children. The eldest, George
William Frederick Viscount Morpeth, succeeds to the
title and estates ; a vacancy in consequence arising in
the representation of the western division of Yorkshire.
The deceased Earl was also father of the Duchess of
Sutherland, Lady Dover (mother of Lord Clifden), the
late Countess of'Burlington, Lady Caroline Lasceiles,
the Hon. Captain Howard, M.P., the Hon. William
George Howard, M.P., and the Hon. H. Howard, now
connected with the British Embassy at Lisbon. The de-
ceased was consequently brother to the Dowager Lady
Cawdor, the late Duchess of Rutland, Lady Gertrude
Stanley, the Hon. Colonel Howard (who fell at Wa-
terloo), and to the Hon. and Very Reverend Henry
Howard, Dean of Lichfield. The deceased Nobleman
was educated at Eton and at Christ Church, Oxford,
where he took a high degree. In 1795-6 he accompa
nied Lord Malmesbury in one of his missions to the Con-
tinent, and was, no doubt, thus early initiated into the
mysteries of diplomacy. On his return he took his seat in
the House of Commons, and continued to devote himself
to Parliamentary duties with much attention. In 1806
ho was Commissioner for the affairs of India, and so
competent to his office, that we are indebted to him for
a very able speech upon the affairs of that country. It
was published separately as a pamphlet, and was the
only distinct publication which can be attributed to his
Lordship. He was, however, understood to have con-
tributed a Latin poem to the Asti-Jacobin newspaper.
Subsequently to the latter-mentioned period, the Noble
Lord was sent on a special mission to Berlin, but the
particular object of the visit never transpired. After
remaining some time in Prussia his Lordship returned
home and resumed bis parliamentary duties. He seldom
made a speech, yet exercised, in consequence of his ac-
knowledged talents and intelligence, a beneficial influ-
ence more felt than heard of in the government of the
nation. In 1827, when Mr. Canning was called upon to
form a Ministry, his Lordship, between whom and the
Minister an intimacy had long existed, accepted the
office of First Commissioner of Woods and Forests, with
a seat in the Cabinet. His Lordship was in subsequent '
Cabinet, without holding any office. For some years
past he has remained in retirement. The deceasee Earl
was formerly Lord• Lieutenant of the East Riding of
Yorkshire, but that office is now held by Lord Morpeth.
By his decease a blue riband is at the disposal of the
Premier.

Covent-garden Theatre opens to-night in all the
splendour of its recent renown. Exclusive of the great
beauty of the house, and the talent of the company, we
are desirous of directing public attention to the very
moderate character of the prices of admission. A box
may be now had for less money than a party used to pay
in the dress circles—without the fear of any annoyance
from intrusion, or the possibility of any questionable
society; and every part of the theatre, even up to the
galleries, is fitted up with becoming luxury.
ASTLEY'S THRATRE.—This theatre closed on Satur-
day night, after a tolerably successful season. Mr. Batty,
who has done all that lay in his power to gratify his
patrons in the production of novelty and equestrian spec-
tacle, is about to remove with his troupe to Edinburgh,
where, no doubt, he will meet with the success his ability
:is a manager so well merits. The docility of his horses
and the athletic skill of his artists have never been sur-
passed in this eountry.
PROPOSED VISIT OF FRENCH NATIONAL GRARD3
TO THE BRITISH CAPITAL.—The South-Western Steam
Navigation Company and the South-Western Railway
Company have entered into a contract to bring over
from Havre to Southampton, and to convey to London
and back to Havre, Colonel Bredard and 300 of the
National Guards of that town. They are to come over
on Wednesday next, and are to remain in London a
week or ten days. The whole of the charge for steamers,
railway carriages, &c., from and back to Havre, is not
to exceed 18s., and probably will not be more than 16s.
each person. A very considerable trade is carried on
between Southampton and Havre, and the merchants of
the former place propose giving their Havre friends a
hearty welcome.
ALDERMAN JOHNSON.—We regret to state that
this worthy and much-respected member of the Court of
Aldermen has been seriously indisposed during the
past week. We are glad to add that last evening he
wai reported to be Dutch better.—Sunday