The Sun.
London, England, 1848-10-13 00:00:00

id to effect, to subvert the consitutio,
fal at every act charged and proved
as perfectly reconcileable with his
ire than to protect either himself
Thet
y were not to inquire
kijelt. d the prisoner intended to levy
L et the actual time mentioned
-.did so •
vhe
von.. con for them to try was; lent.
whether the inkurrec-
ti on had bee.. directed to the attainment of a general
c.-enable character. He contended that
bject of a tree.. t he jury could not
irred at Mullinahone y -onsbtrue again the prisoner what °e-
e
his speech at Liverpool. All
tl te evidence adduced sge2inat bins was perfectly value-. less, unless it fixed the chare-,eter of the offence laid in
th e indictment, and, therefore- the speeches at
L iverpool, or the letter of' therefore;
O'Brien, were
al together not only out of the case, but cal-
ci slated to mislead the jury, unless they refers ed
tc or bore upon the counts laid in the indictmen,t.
Si appose they were to believe that his client made a trace
sc nable speech at Liverpool. That was not the question
tj Ley had to try. They must take the indictment in their
13 and—outside it must not go; and the qu&stion then for
ti 3eir consideration was, nut did his client make such a
seasonable speech, but did he levy war against her Ma-
j esty at Mullinahone ? What had the speech in Liver-
pool, of the 6th of June, to do with the explanation of
1 itransactions occeriing in the county of Tipperary in
July ? Nothing. With regard to his visit to Dublin,
t;he facts connected with that visit were simply these.
:His object in coming was business alone ; but upon his
arrival, finding that the Habeas Corpus Act had been
suspended, and fearing that he might be arrested in
Dublin, and therefore preveate d from returning to Liver-
pool, he quitted the city and proceeded to Kilkenny, to
:see how he could best make his escape from the country.
That was an inference which he conceived might be
:fairly drawn from the fact that his name was inserted in
the proclamation contained in the Gazette of the 28th of
July. Unfortunately, while there, he heard of Mr.
'O'Brien being in the neighbourhood, and immediately
,joined him to prevent him being arrested, or to resist
such arrest if it were made with respect to the
occurrences which then took place. Two ques-
tions would arise for the consideration of the jury ;
first, what was the design of those movements be-
fore M'Manus's arrival; and secondly how far he adop-
ted that design or identified himself with the principles
which characterised it. It was his (Mr. Butt's) inten-
tion to rest his client's case on this, that his sole object
' throughout the entire of these proceedings was to assist
in sheltering Mr. O'Brien and himself from arrest. Be-
yond all question, the suspension of the Habeas Corpus
Act, and the rumour that a warrant was issued for Mr.
O'Brien's arrest, were the causes of the melancholy oc-
currences which followed. Had the news arrived in
Dublin that the Bill was thrown out, was there a man in
that court who would hesitate a moment in saying that
no outbreak would have taken place? If that were so,
how could the jury believe that any insurrectionary pur-
pose existed in the minds of-those men now accused of
high treason? Where was the evidence of any general
plan of insurrection—where of an attack made on a pro-
vincial town, or anything calculated to fasten on these
movements the character of high treason? In the case of
Emmett such did exist;l his intentions were manifest, for
his plan was to make an attack on the Castle of Dublin
which was, no doubt, treason of an intelligible character.
Amongst his papers was found a list of the intended pro-
visional government; but it was not intelligible that any
set of rational men would embark in a movement whose
object was to subvert the country, and not leave the
smallest trace of any plan for that which was to super-
sede it. It is certain that a large number of persons
assembled at Mullinahone, 6,000 at least; and was not
that sufficient to induce a rebel leader to place himself
at their head, and raise the standard of revolt? What
better auspices could a man commence a rebellion under
than the possession of 6,000 men? The Prince of
Orange, who did subvert the Government, landed in Eng-
land, and had not 500 men to meet him, and yet he suc-
ceeded. The Learned Gentleman then proceeded to
dwell on the circumstances which took place at Mullina-
hone, Killenaule, and Ballingarry, and concluded by
saying he felt that he was under many disadvantages
in addressing them, being a stranger in the country,
and not knowing the topics that were likely to have
weight with them. His client was there before them,
far from his own home and country, to answer to those
who knew nothing of his history, character, or con-
nexions. He (Mr. Butt) made no appeal to their feel-
ings; he felt that he laboured under the additional dis-
advantage of not addressing them on behalf of a man of
their own rank in life; but, believing the jury he ad-
dressed to be Christian men, he was satisfied the case
of this stranger would receive from them just as anxious
a consideration as if they were trying the first nobleman
in the. land. The Learned Counsel then resumed
his seat, and was applauded by the audience in the
gallery.
The following witnesses were then called and exa-
mined for the prisoner:—
Thomas Lyons—lle was a merchant in the city of
Cork, of which place he was first mayor under the Re-
form Billl. He knew the prisoner, who was a commis-
sion agent in Liverpool, and held a high and honourable
character.

John Carmichael examined—Ho was a merchant in
Cork, mid knew the prisoner, who was a forwarding
agent in Liverpool, He was well known in Cork as a
most respectable person.

James Tidmarsh examined—He was a grand juror
of the city of Kilkenny, and knew the prisoner well. Ho
had large mercantile transactions with him, and always
found him to be a man of the highest honour and of the
Sine Lebt integrity.
Robert A. Carleton deposed that he was a trader,
residing in Waterford, and knew the prisoner as the
, forwarding agent of their house in Liverpool. His
dealings were always honourable, and from the respect
entertained for him he was the most rising forwarding
agent in Liverpool. The prisoner was a native of Mo-
naghan, in the north of Ireland.
Maurice Lenihan, Esq., proved that he was proprietor
of the Tipperary Vindicator, and became a member of
the 'B2 Club in 1845. The late Mr. O'Connell was a
member, as was Sir Coleman O'Logblen, on whom he
had seen the uniform.

Sir Colemln O'Loghlen, Bart., examined—He was
ono of the Vice• Presidents of the 'B2 Club, of whick
Lord Cloneurry and Lord Ffrench were members. The
uniform %%as always worn at dinners of the club, and he
frequently saw Ur. BPAlanus at those dinners with the
uniform.

John George Hodges deposed that he saw the unifurni
last worn at the soiree given en the 15th of April to Lir.
O'Brien, on the return of the deputation from France.
Those who wore the dress were principally those called
Conciliation Hall Repealers.
Horace Fitzgerald, brother to the late Member for the
county of Tipperary, proved his having seen his brother
wear the uniform at dinner parties and balls, both in
Dublin and elsewhere, and also by Mr. Roche, the re-
presAttative for the county Cork.
The case for the prisoner then closed, and the jury
'were addressed by Mr. O'Callaghan in a speech of con-
oadera.ble power.
The CHIEF JUSTICE said that was the time for the
prisoner to address to the Court any observations which
he might desire to make.

Th;- prisoner said, I have nothing to say to the jury,
.my Lord, but to endorse all that has been already said
'by both my counsel. All I desire to say is, that I did
p.ot belong to any Chartist society. I pledge my honour
t►a a man that I never did. I never attended any of their
r n eetings, nor was I connected with them in any shape
)r form.

In consequence, however, of the lateness of the hour,
tad a cold caught by the Solicitor-General, his reply
/vas postponed until the sitting of the Court to-morrow
1 a orning.
The Court adjourned at six o'clock.
Notwithstanding the advice of Mr. O'Brien, in his
utter to his agent, Mr. Potter, which appeared yesterday,
a everal of the witnesses examined against him, and for
t h.e Crown, were assaulted and beaten severely on their
vet urn home. Informations have been swoKn against
t parties.

CONSECRATION OF CHRIST
CHURCH, HIGHBURY.
Yesterday forenoon this neat and elegant little
fice, situated at Highbury, was duly consecrated,
aE;ether with its circumjacent burial-ground, by the
ord Bishop of London, who was assisted by about
f o rty members of the clergy of his diocese. A nu-
merous and highly respectable auditory assembled int
th e church to witness the impressive ceremony, and
many inhabitants of the neighbourhood congregated.
or aside, for whom no room could be found within the
w ails of the sacred edifice. At the conclusion of the
solemn rite, the Right Rev. Prelate who performed it
also preached the inaugural sermon, which was an
eloquent and appropriate discourse, an d was listened
Ito with the most marked attention by the Ivhole of the
c ongregation.
It may not be out of place here to state ti
`tat Christ
!Church, Highbury, is a district church, and was
built in order to remedy the long-felt inadet luacy of
the existing church accommodation for the
ncreas.
ing wants of the neighbourhood. The re 'qui3ika
funds were raised by subscription, and the tot al cost
is 6,0001. The building is about 110 feet in 1, sngth,
and contains seats for 800 persons. The style of its
architecture is that prevalent in the 14th century, Mr.
I'. Allom (well known to the world as an ar
'tilt,
whose engraved works of " Constantinople and the
Seven Churches," and "France in the 19th Centur
Ye"
have gained considerable celebrity), being the arci ‘i-
tect. The exterior is constructed of Kentish rah,
stone, with decorated Bath stone windows and quoin The centre is of a novel form, being designed gwith
the intention of affording a view of the preacher and.
the communion service to the whole of the congrega-
tion. There is an organ screen of stone, and the
pulpit and reading-desk are of the same materia'
The building is excellently lit, the principal windoT-
being most beautiful specimens of stained glass. 7 47",,,
edifice, both in its exterior and interior, are hiF,,4. "-
ornamented, but chastely so, presenting nothin-
approaches to over-loaded redundancy or
hand, or that borders upon unseemly Attls
the other; and it is evidently in no -410
debted for its very pretty, and pi,'
talented architect having h-
unusual advantage of p-
the sister art of paint'

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