The Sun.
London, England, 1848-10-11 00:00:00

N0.17,486.] LONDON, WEDNESDAY Ev bmg
ING

SANATORY PRECAUTION.—The Public are
reminded, that in 1832, BETT'S PATENT BRANDY was
successfully employed by thousands, both in prevention and cure of
Cholera, and that It has been the Brandy employed iu Guy's, St.
Thomas's, Westminster, and other Hospitils, both Metropolitan and
Provincial. The subjoined are extracts from some testimonials then
submitted to the public as a warranty for confidence.
" Grenadier Guards Hospital.
"The two samples of your Patont Brandy I had an opportunity 0
laying before the Board of Oili who sat :ut Ite.gimental tics"",tal last Saturday. livery Ineni,,r of limo Board approved of t
Brandy, and li.ivc ordered that it Filial: b' ivied for 1b sick.
(Signed) "J. HARRISON, Surgeon Major,
" Grenadier Guards.
" Messrs. 1. T. Betts and Co."

" 38, Upper Gower-streel

" I do not hesitate to express my conviction, that it is fully as free
from anything injurious to health, and contains as pure a spirit, as
the best varieties of foreign Brandy.

(Signed)

- " EDWARD TURNER, Professor of
"Chemistry in the University of London,

" J. T. Betts, Esq."

" Long Acre.
"I am bound to say, and do assert it with confidence, that for pu-
rity of spirit, this cannot he surpassed ; and that your Patent Brandy
Is also quite free from those acids which, though minute in quantity,
always contaminate the foreign spirit.
(Signed) " JOSE PII II MEE , Toxicological Chemist
" to the Board of Excise.

"To J. T. Betts."

" 53, Alderegate•street.
"Tour Brandy is free from uncombined acid and astringent matter
which exists, more or less, in most of the Brandies imported from
France. (Signed)

JOIN THOMAS COOPER, Lecturer on
" Chemistry at Guy's and St. Thomas's Hospitals,

To Mr. Betts."

It may be had in single bottles at is. each, secured against the pos•
sibility of adulteration by Betts's ?eta Metallic Capsule, of every
respectable retail spirit merchant in town and country as also of
wholesale spirit merchants, and at the Distillery, 7, Smithfield-bars,
In quantities not less than two gallons, or one dozen, in bottles, at
18s. per gallon, bottles included, or in bulk, at IGs. per gallon. Cash
on delivery.

TEAS AT WHOLESALE PRICES.
No. 2, BUCKLERSBURT, Cheapside.
Black, 2s. Sd., Is., 3s. 4d., 3s. id., 45., 41. 4d., Is.
Green, 35., 3s. 4d., 3s. Sd., 45., Is.. 65., 7s.
Coffec, 93., 10(1., Is , Is. 21, Is. 4d., Is. 6d., Is. Bd.
Delivered free of carriage to any part of England.
CARRIAGE FREE TO ANY PART OF
ENGLAND.—Six Pounds and upwards of TEA delivered
carriage free to any part of England at the lowest wholesale price.
AU orders net conudniug remittances must be accompanied by a re-
ference to a respectable party in London.
.MANSELL and Co., Wholesale 'Pea-Dealers, 2, Bucklersbury,
Cheapside.

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Illustrated by 26 Anatomical Coloaroa r:naravir.g; on Steel.
.)11 PHYSICAL DESQUALICATIONS, GENERATIVEINCAPA.

CITY, AND IMPEDIMENT 4 TO MARRIAGE.
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RAILWAY SHARE MARKETS.
BRISTOL, OCT. 10.
STOCK EXCHANGE.—The business in Great Western
Shares was rather more lively than it has been of late.
Great Western Quarters were done at 534 dis —Ditto, 171.
Shares, 4 dis.—Taff Vale, New, 1/8 dis.—Newcastle and Ber-
wick Extension, 414 dis.
LIVERPOOL, Ocr. 10.
_ _

STOCK EXCHANOH.— there is a dull market for shares.
The sales were limited, and ~rices are lower. The sales are—
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chase), 4% dis.

IRELAND.

THE SPECIAL COMMISSION.

THE SENTENCE ON
MR. SMITH O'BRIEN.

In consequence of its being generally supposed on
Monday that Mr. O'Brien a ould be brought up to re-
ceive sentence, the court was no sooner opened than
every part of it was filled with persons anxious to wit-
ness the ceremony.
The Judges took their seats at ten o'clock.
The ATTORNEY-GENERAL then moved the judgment
of the Court in the case of " The Queen e. William
Smith O'Brien."
The prisoner was then brought up. He looked cheer-
fully round the court, shook hands with his solicitor, and
smiled as he recognised others.
Mr. WHITESIDE moved the Court to arrest judgment.
It was the proper time to make any application as to
the reservation of auy matters in the progress of the
tral, and he respectfully submitted that the following
three questions should be reserved :—First, whether
the speeches in March or April were admissible
in evidence ; secondly, 'whether the account of the
mteting of the 21st of July was admissible against
Mr. O'Brien on the ground, as he contended, that
the witness Dobbin was not confirmed, and that Mr.
O'Brien was absent ; and, thirdly, whether the contents
of the portmanteau were admissable as evidence against
Mr. O'Brien? There might also be a fourth, according
to the opinion their Lordships might come to on the
motion he had now properly to make. He moved the
arrest of judgment on the following ground:—The in-
dictment charged the prisoner with having compassed
the death of the Queen and with levying war against
her in her realm. Of compassing the death of the Queen
the prisoner was acquitted; of the crime of levying war
against the Queen he had been convicted. His first pro-
position was, that no such treason as levying of war in
Ireland against the Queen is indictable in Ireland. In
order to constitute this offence of levying war against
the Queen, three things were essential-Ist, the act of
levying war ; 2d, against the Queen ; and 3d, against
her in her realm ; and accordingly in the five couets of
the indictment, upon which the prisoner was convicted, it
was said the war was levied against her Majesty in her
realm. The word "realm" in the old statute meant
England only, and, therefore, if a man had committed
treason in Ireland, he could not have been tried under
the statute of Edward for that treason in England. To
remedy that detect, the 35th Henry VIII., c. 2, was
passed, by which it was enacted that a person might be
tried in England for treason committed in Ireland, as
treason out of the realm, and their Lordships might re-
member the remarkable case of Lord Macquire, eh° was
tried in England under the statute for treason committed
in Ireland. The statute of 10 Henry VII., c. 22
(Poyning's Act), extended the statute of Edward 111.
to Ireland, and therefore he admitted that there was a
statute that would make in Ireland the levying of war
against her Majesty in her realm treason; but the
question was, whether the word "realm" had a larger
effect than it had under the statute of Edward. Ho sub-
mitted that the only effect of that Act was to make levy-
lug of war in England triable in Ireland, and that the
word " realm" had no larger operation than before. In the
Act itselt a manifest distinction was drawn between the
words "realm of England" and " land of Ireland."
He had looked througn the Irish cases, but he had not
found any distinct case who re a person was tried for
levying war in the realm—they were all for compassing
the death of the Sovereign. It might be argued that
whatever was the case before the union, since the union
there was no difference; but their Lordships must re-
member that by the latest decisions in Westminster Hall
Ireland was said to be out of the realm, being a foreign
country. His next point was more important in prin-
ciple; it was that the crime of levying war, of which Mr.
O'Brien was convicted, was not indictable in Ireland as a
substantive treason, but felony only. This depended
mainly on the 11th of Victoria, c. 12. The statute of

Edwa-rd declared, that if a man levied war against the
King, and was openly attainted by proof of overt act, he
shall be guilty of treason. His proposition was, that the
offence here consisted of two things—the intention and
the fact—the fact which must be proved by some overt
act. He contended that the indictment was bad, because
the crime consisted in the intent, and that the levying of
war 1,25 the Overt act which proved it—the overt act
was not the crime—the crime was the intent—the levy-
ing of war was the act by which it was proved.
The compassing to levy war, provable by any act or
decd, was no longer treason, but felony under the recent
Act. Now, he contended that the prisoner must be
acquitted, first, because the overt acts laid in the indict-
mentas proof of the levying:M. war were the various acts
done at I3allingarry, Killenaule, and Mullinahone, and
not the actual lev)ing of war ; and, secondly, because
the compassing of levying of war was by the statute of
Victoria no longer treason, but felony. The words of
the indictment could not make that treason which was
by Act of Parliament declared to be felony. But if
their Lordships were of opinion that his argument was
not well founded, and that levying war directly against
the Queen remained as a substantive treason, then he

submitted that the levying of war charged in this indict-
ment was constructive only, and that it came within the
late statute, and was punishable merely with transporta-
tion for life.

The ATTORNBY-GENERAL showed cause against the
motion. He submitted that there was no doubt what-
ever but that to levy war was a distinct treason, and that
on such grounds ho was entitled to the judgment of the
Court. The effect of Poyning's Law was, as he sub-
mitted, to transfer to Ireland the statute of Edward, se
that whatever offences were committed in Ireland which
before the passing of Poyning's Law would have been
treason, became, treason in fact, and by the Act as soon
us that Act was passed. That was the universal con-

atruction put upon the Act, but if that were noil3,aid
if legislative ceclarations were wanted to put an end to
any doubts on the subj, et, he had only to refer the Court
to the 10th Henry VII., c. 13, an Act passed in the very
same session of Parliament as Poyning's Law, which
expressly assumed that to levy war against the King was
high treason, because it enacted that "to make or levy
war against the King's Lieutenant was as much high
treason as to levy war against the King himself." But,
ind#pendently of this fact, the argument was obvious
that every Act existing in England at the time of Poyn-
ing's Law was at once transferred to Ireland. All the
indictments in 1793 were for a levy of war within that
kingdom.
Mr. WHITESIDE—Thera were the counts for com-
passing the death of the King also.
The ATTORNEY-GENERAL—Of course ; but the ac-
cused were convicted on all th© counts. There was also
another statute-sth George 111., which assumed that
the statute of Edward 111. was iu force in Ireland. On
these grounds he submitted there could be no doubt but
that the statute of Edward was in force in Ireland.
He contended that the prisoner's offence could not by
any posibility resolve itself into a felony. It was a
great mistake to suppose that the overt set necessary to
convict a person of felony under the counts for levying
war must show a levy of war, and in proof of that he
had only to refer to the very recent trials in England,
where persons had been convicted without any such
proof. The statute Victoria 11, though it made the
compass to levy war an act of treason, did not repeal,
but excepted the statute of Edward III.; and it would
be found that all the approved precedents in Englund
did not contain such a count as to compass the levying
of war, but made a direct charge of levying it. Thus,
iu the case of Frost (Report, p. 13) the charge made was,
not that he compassed to levy war, but that he assembled

a number cf persons together, and did levy war against
the Queen. The same remark ;would hold good in
Bronbrick's case. The distinction between the Acts of
Edward and George was, that the one made the mental
act, the compass to levy war, the crime; the other con-
stituted the act itself, the levy of war, the offence of
which it took cognizance. On these grounds he re-
Tectfully submitted that there was no reason whatever
for the motion in arrest of judgment, and that judgment
should forthwith be pronounced.
Mr. FITZGERALD supported the motion.
The SOLICITOR-GENERAL followed on the part of the
Crown, and argued that tho motion must be refused, the
indictment being good in form and substance.
The Low.) CHIEF JUSTICE, after reciting the objec-
tions raised in support of the motion, said, in reference

to the statute of Inward the Third, it appears to me the
plain meaning of the statute that there should be the
same law in both countries, and that what is treason in
England should be treason in Ireland. The next ob•
jection is founded on the construction of the recent Act,
11 Victoria, cap. 12, to which construction we find it
totally impossible to accede. The treason created by the
statute of Edward 111. was the levying of war. Then
came the English statute of 36 George 111., which did
not extend to Ireland, by which the compassing to levy
war, when that is for certain purposes, was made treason.
The statute of Edward 111. made the levying of war the
crime. This statute made the intention to levy war the
crime. And the objection is that the statute of Victoria,
which does extend to Ireland, converts that which was
treason under the statute of Edward 111. into felony. It
does no such thing. I repeat that the Act of Edward
111. makes treason consist in the actual levying of• war,
and this Act makes the intention, the compassing of
levying war, felony. The two things are perfectly dis•
fillet. The crime in one case is the act, in the other it
is the intention; and no doubt can remain on the sub-
ject that the construction of the statute is so, fur the
sixth section provides that nothing therein contained
should lessen the force of or in any manner aff,et any-
thing enacted by the statute of Edward 111. declaratory
of what offences should be adjudged treason. The act
being the crime in the one instance, the intention in the
other; therefore, in our judgment, it is perfectly plain
that neither of these objections can be maintained. With
respect to the points that were argued in the course of
the trial, we have, over and over again, maturely con-
sidered them. We are perfectly satisfied with the
opinion we have expressed. It is not our intention to
reserve them for the opinion of the judges.

Oa being asked by the Clerk of the Crown whether
he could state any reason why sentence of death should
not be passed upon him,
Mr. O'Brien stood erect in front of the dock. Not a
trace of emotion was upon his face, except at the conclu-
sion of his brief address, when a slight flush passed over

it for a moment. Ire tpoke in a loud and firm voice the
yellowing words, every syllable of which was drunk up
by the anxious ears of his silent and attentive audi-
tory:—" My Lords, it is not my intention to enter into
any vindication of my conduct, however much I might
have desired to avail myself of this opportunity 6f doing
so. lam perfectly satisfied with the consciousness that
I have performed my duty to my country—that I have
done only that which it was in my opinion the duty of
every Irishman to have done. And lam now prepared
to abide the consequences of my haying performed my
duty to my native land. Proceed with your sentence."
A partial burst of applause, accompanied by stamping
of feet, took place in various parts of the Court, which
was suppressed by the officers.
THE SENTENCE.
The Lord Chief Justice BLICKBURNE proceeded to
address the prisoner, who rose from the chair on which
he had taken his seat on the conclusion of his observa-
tions,
ur th himselfat to
itmiopnass,saibnidlitpyreosfenfetea
William Smith O'Brien (said his Lordship), after a long,
hade the C o
beforeurt w
ei txhh
bhiet
esda:m_e
patient, and laborious trial, a jury of your countrymen
have found you guilty of high treason—their verdict was
accompanied by a recommendation to the mercy of the
Crown—that recommendation, as is our duty, we shall
send forward to the Lord-Lieutenant, to whom, as you
must know, exclusively belongs the power to comply
with it. It now remains for us to perform the last so-
lemn act of duty which devolves upon us, and to pro-
nounce that sentence by which the law marks the enor-
mity of your guilt, and aims at the prevention of simi-
lar crimes by the example and infliction of a terrible
punishment. Oh that you would reflect upon the crime
and dwell upon it with sincere repentance and remorse.
Oh that you would regard it as it is regarded by
every rational being—that you would feel and know
that it is really and substantially as repugnant to the
interests of humanity, to the precepts and spirit of the
Divine religion we profess, as it is to the positive law,
your violation of which is now attended by the forfeiture
of your life.
The few words you have addressed to the
Court forbid me (I say it with the greatest distress) to
proceed any further with this subject. It now only re-
mains to the Court to pronounce the sentence of death.
(Ilere his Lordship and his brother Judges put on their
black caps, and the act caused a perceptible sensation in
the Court on every one but the prisoner. His Lordship
proceeded with much solemnity)—That sentence is,
that you, William Smith O'Brien, shall be taken hence
to the place from whence you came, and be thence
drawn on a hurdle to the place of execution, and be there
hanged by the neck until you be dead, and that after-
wards your head shall be severed from your body, and
your body severed into four quarters, to be disposed of
as her Majesty may think fit. May the Lord have mercy
on your soul I
As he uttered those words his Lordship raised his
hands towards heaven, land seemed deeply affected, in
that respect sharing the 'feelings which had been pro-
.luced by the awe-inspiring accents in which he had
pronounced the terrible sentence.
The Attorney-General was sensibly agitated. No one
who looked upon him could say that his had been a la-
bour of love. Amid the regret which appeared on the
countenance of every person in court, the prisoner
seemed alone to glory in maintaining an indifference—
stoical, at least—and which, under the terrible circum-
stances around him, could have been but assumed.
The judges then left the bench.
Tho Governor of the gaol put his arm on Mr.
O'Brien's shoulder, and was about removing him, when
Dr Gray, Mr. Potter (his solicitor), and Mr. O'Hara
pressed to the side of the dock, and with outstretched
arms sought his hand. He turned round and gave each
of them a hearty shake of the hand, bowed his head to
his friends, and almost with a smile on his face de-
scended from the dock in the custody of the officers

of the prison.
A low murmur among the audience followed his dis-
appearance, and they immediately proceeded to address
themselves with fresh interest to the details of the fol-
lowing trial :
TRIAL OF M'MANUS.

Terenee Bellew APltlanus was then placed in the dock,
and the indictment against him, which was substantially
the same as that against Mr. O'Brien, was read over by
the Clerk of the Crown.
The counsel for the prisoner were Mr. Butt, QC., and
Mr. O'Callaghan.
Mr. Burr said he was prepared to raise the same ob-
jections which bad been raised by Mr. Whiteside on
the former trial, as to the prisoner's being entitled
to have a copy of the indictment ten days before the
trial. It appeared to him that upon the Acts of Par-
liament there was a very strong case, but after the
decision of the Conn, ho would not presume to say
a clear ono, and nothing but his sincere respect for
that decision could prevent him from re-arguing the
question.

Mr. Justice MOORE—That ought not to prevent you
from re-arguing it.
Mr. BUTT then applied to the Court to grant his
client all those privileges to which he would be entitled
if ho were tried in England under an indictment for
high treason. The Learned Counsel stated the legal
grounds on which ho did so. They have already ap-
peared at length in Mr. Whiteside's speech.
Mr. O.C.:ALLAGEIAN followed on the same side and
The COURT, without calling on the Attorney-General
and Solicitor-General to reply, refused the application on
the grounds set forth in their previous judgment on a
similar motion.

The ATTORNEY-GExEnL consented to give a list o
witnesses.

In reply to Mr. BUTT, he stated that he did not in-
tend to give evidence of,
any act not set out in the in-
dictment, and the bill of particulars was not given.
the The
ison following jurors were challenged peremptorily by
pr—

C. Clarke
J. Willington,
Hut-
chinson, J. Lloyd, R. Philip;,
Sankey, L. H. Jeypson
J. 11. Briscoe, S. Cooper, S.
, R. A. Phillips, J. B. ,
J. Nifyzrnsiergh, P. Gough, S. Barton,
Several were set as.idef
Mianitt, S. Ryan, J. God-
iln'lg.Bigegngltle' men
IT were sworn as the jury :
frey, J. P. Lloyd
Ryan.
reasons.
A.THhearftofollrodw,
The Crown did not challenge any juror.
. Minnitt, J. L. Cambie,
S. Burton (foreman), J.
y opinion as to the trial,
ecrlftetti
ek
n thenwas readw he t thetiwhether
indictment.t h
e sa
.that he had not de-
clared,Massey, R. M'Creath, W. P.
G. Gough, W. Smith, on
BuTtlheer AJ iriT'oreg.
Ga sttN,
EPR.
Ai,
said
dthe
trial, W. P. Gason; W.
Armstrong, J. Harden.
qurstien for their
enrihiadi taken part in
the transactions which had oC)cruisro
the month of July last, and e ,
weetter those )ttlaiistrcountry in
amounted to a levying of war ? Having barnyetions
ex-
plained the law of the case, the Learned Gentleman said
Mr. M'llanus was an Irishman, but resided in
consideration
Liverpool ; unfortunately for himself, he was in
the habit of associating much with persons who
had assumed the denomination of Chartists, and the
first evidence which he (the Attorney-General) intended
to produce against him was, a speech delivered by him
in Liverpool on the eth of June last, to ex-
plain the subsequent conduct of the prisoner in the
transactions here to which he should call their attention.
The meeting was he!d to sympathise or assist those who
were at that tme in this country endeavouring to ob-
taia a repeal of the legislative union, avid was composed
principally of Chartists. The speech 30 made was re
ported by one of -
the constabulary, and the substance of
'
it was that repeal should be carried by all means—that
if it were not carried by fair means, there would be a
bloody struggle to obtain it, and that those who joined
which he • •
him in that bloody struggle anticipated would,
as a reward for so joining him, obtain grants of land in
Ireland. That would evidently imply that the conquer-
ing or successful party would have the means of making
grants of land. Mr. fel`Manus arrived in Dublin from
Liverpool on the morning_ of the 25th of July. Oa
coming over in the Iron Duke steamer, he was accom
panied by a policeman, for the purpose of watching his
movements aud, perhaps, of arresting him 011 his arrival
in Dublin. He brought with him a tin case, marked
with the initials of his name. He must have perceived
that he was watched, for on quitting the steamer he left
behind him that tin case—it could not have been acci-
dentally, fur he said he should call for it, but he never
did so. Upon that case being opened in the course of
that day it was found to contain a suit of military
uniform—a green coat, green trousers, and a green
cap, and a waistcoat. He had heard it deposed on
Mr. O'Brien'a trial that a club called the 'B2 Club had
an uniform of a similar description. •
There was
nothing illegal in a club assembling in an uniform
of that description, but be was nut aware of any
circumstance that rendered it advisable or desirable
that Mr. M'Manus should have brought this box
with him; and it would appear, in the course of Mr.
O'Brien's proceedings, that he wore a cap of -the same
description as the one found in the tin case brought over
by Mr. M`Manu!. Immediately after reaching Dublin,
he again left that city. Unfortunately for hiw, the po-
liceman who had accompanied him from Liverpool lost
sight of him en his arrival. It appeared that he went to
an hotel which he teas in the habit of going to when be
was in Dublin, that he breakfasted there, and said he
should return, but that he did not do so, and the next
place he was seen at was either Mullinuhone or on thi
march to Ballingarry. There might be some doubt as
to his being at Mullinahono, but there was no doubt that
on the 26th of July he was in Ballingarry taking part in
the transactions. The Learned Attorney-General then
proceeded to trace the route taken by M`Manus is com-
pany with Mr. O'Brien, and to state the overt acts of
levying war against the Queen, which were exactly thou
alleged and proved against that gentleman, and do
not, consequently, need any
.further notice. I,
might be alleged that M'Alanus had d •
one those