The Sun.
London, England, 1848-05-22 00:00:00

0 R.

stitute a levying of war against the Sovereign,
and in support of that view of the case I
beg to quote the opinion of Sir Michael Forster.
You are not called upon to decide in this case what is
levying of war against the Sovereign : you are only
called upon to say if the intention of levying war was
entertained. I call your attention to this document that
you may examine it, to see if there be any intention
avowed of seeking, by force and arms, or by force or
constraint, to compel the Sovereign to change her mea-
sures or councils. When the Act says, "to compel the
Sovereign, by force or constraint, to change her coun-
eils," it does not contemplate that the jury should be
obliged to come to the wild conclusion that the prisoner
must have designed to march an army to London, and
by actual physical force compel the Queen to change
her measures. No, but if you find in this document
evidence of a purpose or intention to stir up rebellion—
to stir up insurrection—nay, to stir up tumultuous
meetings for the purpose of redressing real or
imaginary grievances, and with a view of obliging
her Majesty, by the apprehension of any evil or
national calamity, to change her measures, it
would be within the terms of this Act. But
though I am putting this case to you in all its varieties,
I may be going too far, and unnecessarily too far, because
if I can find throughout this publication a distinct call
en the nation at large to arms, for the purpose suggested
here, then it is for you to say whether any doubt re-
mains on your mind as to the extent and purpose of
levying war against her Majesty for the purpose of
compelling her to change her councils. The summary
of what I have addressed to you is shortly this:—You
will have, first, to ascertain whether those publications
are brought home to the prisoner; next, whether in the
way of explanation or manifestation of intention or acts
done, by being published, evidence is afforded of his in-
tention. If you do, you are bound to find the bill: if
you do not, you will, of course, ignore it.
CLERK ON THE CROWN (to the jury)—Gentlemen,
doou wish the bills should be sent up to-night, or do
you prefer that they should be sent up on Monday
morning?
Foreman—On Monday morning.
COURT—Gentlemen, you are to attend at eleven
o'clock on Monday morning for the purpose of re-

ceiving the bills.
OF THE CONFEDERATION.
THE MARCHINGS
of information received by the police,
The Court adjourned at a quarter past six o'clock.
In consequence
a riot, dwa"
POas apprehended last night. In the
early
the
CE foIIowNOTICE. ing was issued:—
o p o
part or
of tre,
" The Commissioners of Police having received nume-
rous complaints y
thaonrdoumgharfacrheis marching through
shout.
of the disturbance of the public peace
crowdse
, o fa
nd persons
obstructing assembling
h the
bti
aitrhy
in
nts
a e
disorderly manner, they (the Commissioners)
hereby caution all whom it may concern against such
disorderly proceeding, and further direct all police-
constables to prevent such obstruction and disorderly
conduct by every means in their power.
" By order,
"RICHARD M. ARDAGH.
1 1848i.n"
" Metropolitan Police Office, Lower Castle-yard,
May
8
Between fire o'clockandsix
the evening a large
corps of infantry
were marched into the College
quadrangle, and soon after a strong police force, amount-
ing to between 350 and 400 men, as far as could be
judged. The police were cantoned in the College park,
and the sergeant of each division was furnished with
keys for the different doors and gates leading out on the
city from various quarters of the park, so that a force
could be mustered at the shortest warning in Westland-
row' Brunswick-street, Leinster-street, Nassau-street,
or Grafton-street, through the Provost's gardens.
These precautions, it would appear, were taken to inti-
midate the Confederate clubs from walking in proces-
sion. It appears that a crowd of persons, estimated by
the police inspector on duty at 3,000 persons, assembled
opposite
the rooms of the Confederation, in D'Olier-
street, and refused to move on. He arrested 65 of them,
and this day they were brought before the magistrates of
College-street Police-office. Subjoined is a note of the
proceedings.
COLLEGE-STREET POLICE-OFFICE.
THE ARRESTS LAST NIGHT.—A large number of
persons, amounting in all to 65, were brought up to-day,
before Mr. Tyndal, charged with causing an obstruction
in the streets last night.
Mr. O'Donovan, as solicitor, Messrs. Dillon, O'Hea,
and O'Neil, as counsel, appeared on the part of the
parties charged.
The hearing of the case came on at one o'clock.
Dr. Gray, whose case had been partly tried in the
morning, applied to his Worship for a few minutes'
postponement, as Mr. O'Hea, his counsel, was not then
in attendance. His Worship granted the application,
and proceeded to hear the other cases as they stood in
their order on the book.
Six of the party were brought forward, when In-
spector Walsh was sworn, and gave his testimony as
follows :
In consequence of a habit that has existed for a great
many days—
Counsellor DILLON—Is this gentleman a witness ? I
believe he is going to make a speech.
Witness—ln consequence of large crowds of persons
having assembled—
Mr. O'Nzu.—As counsel for the party charged, I
must protest against evidence being given in this illegal
manner. He is now going to state matters which oc-
\
curred on the day previous to that on which the offence
occurred for which he is now prosecuting.
Witness—l mean to save you the trouble of putting
those questions to me.
Mr. O'NEIL—In duty to my clients, I feel bound to
ask you what questions I please, and I say that evidence
taken before a justice cf the peace must be governed by
the same laws as that given in the superior courts.
Witness—Then I will put my evidence in any shape
you please. It appeared to the authorities, in conse-
quence of obstructions having taken place in d'Olier-
street, and which they apprehended would again take
place on last night, a force of police were ordered to
assemble and act under my orders, if any obstruction
were to take place in that street. I was to take a small
number of police in the first instance.
Mr. O'Nare.—l protest against this as illegal evidence.
It is laid down in the Ist East—
Witness—l will give it to you at once. I saw an
obstruction in d'Olier-street, I saw a crowd of persons,
numbering in my estimate 3,000, occupying the carriage
sad footways, and they were stationary in d'Olier-street.
I took a party of police, and went into that street. I
stood and loudly cautioned the people to disperse and go
to their homes, as in case they did remain, after
being duly warned, that my orders were to isperse
them, and to use my discretion as to the most effectual
manner that could be done without using violence
to the people. During a quarter of an hour from
the time I first warned them I repeated the warning at
the ends of the street and in the centre of it, so that no
person would have an excuse to remain there in that sta-
tionary manner and continue the obstruction, or that any
person. could have to say any advantage had been taken
of them by the polies. My first warning was responded
to by a derisive shout of laughter, and each succeeding
warning was unheeded, as the people did not move along,
but kept their places in the street. I plainly and dis-
tinctly told them what I would do—namely, that I
would apprehend some of them. I then got a sufficient
force to effect that without any unpleasant collision, and
some of them I arrested are men now standing at the
bar. My warning commenced about nine o'clock, and
it was half-past eleven, and after having taken the
parties into custody, before the street was left in its
1 ordinary state.
The case of six of the persons in custody was then
gone into. After a long and uninteresting examination
of witnesses, the Magistrates dismissed one of the ac-
cused parties, and ordered the other five to be held in
bail in their own recognizances, not to be found again
obstructing the police in the discharge of their duty.
DH. GRAY'S CASE.
Constable Broderick stated that about ten o'clock last
night he was stationed with a party of police in West-
morland-street, which reached across the street, and
had been placed there to prevent people passing, while
another party was clearing the street of a large crowd
which occupied it. There was also a crowd at the corner
of Fleet-street, when a person, who seemed to emerge
from the crowd (Dr. Gray), demanded permission to
pass through Westmorland-street. Broderick refused
compliance, and requested that the Doctor would go
round by Fleet-street, as other gentlemen had done.
The Doctor insisted on his right to pass, and being
again refused, he pot his band to the breaatof the police-
man and pushed him about two feet from where he had
been standing. The constable then seized the Doctor,
who caught the constable by his belt, and pulled him off
the footway, whereupon the Doctor was arrested, brought
to
the station-house, and charged with having committed
an assault.
Constable Green corroborated the evidence of Brode-
rick in all that was material.
Benjamin Tydd, inspector of the A division of police,
stated at great length the arrangement which he made
under the directions of Inspector Walsh, for clearing
d'Olier-street and Westmorland-s
treet of the mobs but
his evidence did not bear on the Doctor's case. '
In reply to questions put by Mr. O'HE
A, as counsel
for Doctor Gray, Tydd stated that, in his opinion, Con-
stable Broderick had exceeded his duty in refusing to let
Doctor Gray pass, and Tydd aided that he would not
have refused the request of the Doctor, had he (Tydd)
been in Broderick's case.
Mr. O'Hea—Oh, when an illegal act has been perpe-
trated a menial must be sacrificed.
The Learned Counsel then insisted that the police
had no right to prevent a peaceable citizen from passing,
and that Doctor Gray would have yielded or submitted
to an illegal act if he had not asserted and insisted on
his right.
to the aid of .
Mr. liercacocK, who had COMA
Tyndall, said the magistrate viewed the case as one rais-
ing the question whether Dr. Gray had pressed his right
to pass in an unjustifiable manner; and in coming to
a conclusion on that, he was very much assisted by the
admission of Inspector Tydd, that Broderick bad ex-
ceeded his duty, and was, consequently, the first ag-
gressor.
The MAGISTRATES, therefore, discharged the case, and
Dr. Gray stood acquitted.
Inspector Walsh said he was also of the same opinion
as Inspector Tydd, as he (Walsh) had declared to Dr.
Gray on arriving at the station-house, when he intimated
to the Doctor that the charge would be withdrawn. The
Doctor would not accept of his proposition.
?r. Gray said, his object in having the case brougg
before the bench was to establish the right of the subject,
as there were many poor persona in custody who had
not the means of asserting their rights.
Finally all the accused were discharged.
REJOICINGS IN THE COUNTRY .—The provincial papers
and letters say, that on Wednesday and Thursday night,
the hills in the counties of Cork, Kerry, Limerick, Clare,
Tipperary, and other counties were studded with great
fires, in honour to Smith O'Brien and T. F. Meagheii,
for " beating the Attorney-General."