The Sun.
London, England, 1848-11-20 00:00:00

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-41-7-' 20, 1848.

IRELAND.

DUBLIN, SATURDAY.—The magistrates hare received
an order to discharge a!I the prisoners arrested on the
night of the Bth ins 4„ at the Wilderness, near Cionmel,
no charge appearing against any of them. So much
for "the rebellion to release the State prisoners."
All the Ballingarry State prisoners, with the excep-
tion of those against whom bills. of indictment were pre-
ferred and found at the Me Commission, were discharged
sn Tuesday, on their own reeogaiz tnce.
TILE STATE PRISONERS IN DUBLIN.
The Freeman of this morning says:—" When Mr..
O'Brien and the other State :prisoners, who were to
assign errors in the Court of Queen's Bench yester-
day, were leaving Kilmainham for the purpose of
being conducted to the court, Mr. O'Brien observed
that a detective was placed in the .car which he was
about to enter. Mr. O'Brien refused to proceed unless
the detective was removed, stating that he was willing
to go into the prison van, or any other way, but that
ho would not, except by coercion, go into the car in
company wi:h a man whose avowed duty was to assert.
falsehoods. Upon this the detective was directed to
leave the car, into which Mr. O'Brien then went-
Mr. Meagher, who was to proceed in the same car,
joined with Mr. O'Brien in requiring the expulsion of
the detective.
COURT OF QUEEN'S BENCH.

THE QUEEN v. WILLIAM SMITH O'BRIEN, M.P., THOMAS
F. MEAGHER, AND OTHERS.

Yesterday this Court was crowded at
.an early hour,
in consequence of its having been very generally known
that the prisoners convicted at the late Special Commis-
sion in Clonmel, for high treason, and sentenced to death,
would bo brought up at the sitting of their Lordships,
by virtue of writs of habeas corpus issued a few days
since, to assign error. Long before the usual hour for
the full court to sit every available seat was occupied
both by the members of the bar and casual spectators,
amongst whom we observed a great number of ladies.
The hall and passages to the court were also occupied,
but not, perhaps, to so great an extent as might have
been expected under the circumstances.
'Re Attorney-General, the Solicitor-General, Messrs.
Baldwin, Q.C., Smyley, and David Lynch, appeared as
Counsel for the Crown ; and Messrs. Whiteside, Q.C.,
Butt, Q.C., F. Maher, Sir Colman O'Loghlen, Isaac
O'Callaghan, Holmes, and T. 11. Barton for the prisoners.
At eleven o'clock precisely a faint cheer from the
eastern court-yard announced the arrival of the prisoners,
Messrs. William Smith O'Brien, Thomas Francis
Meagher, Terence Bellew M‘Manus, and Patrick James
O'Dunohoe, all of whom shortly after appeared in court
i❑ custody of the gaoler of Clonmel prison, and his
assistants, and t, ok their seats at the side bars—the two
former to the left of the bench, and the two latter at the
right-baud side. Mr. O'Brien looked rather pale end
thin, but seemed in excellent spirits, as he returned the
salutations of his friends; and Mr. Meagher and the
other prisoners appeared in perfect health, and as well
as they could possibly be in every respect.
In a few moments after they had entered the court
the Lord Chief Justice and three Puisne Judges ascended
the bench, when

The ATTORNEY-GENERAL rose and said, that in the
case of the Queen v. O'Brien, Meagher, M‘Manus, and
O'Donohoc, the prisoners, who had been removed from
Clonmel by habeas corpus, were in attendance to assign
error.

The CHIEF JUSTICE—Let the Clerk of the Crown
receive the assignment.
Mr. Bourne (the deputy clerk of the Crown) having
called on Mr. O'Brien to assign error in his case,
Mr. Barton handed in the assignment.
Sir COLMAN 010GHLEN handed in an assignment in
the case of Mr. Meagher; Mr. O'Callaghan for Mr.
M'Manus, and Mr. F. Maher for Mr. O'Donohoe.
The ATTORNEY-GENERAL—My Lords, as the assign-
ments in these cases are unusually long, I would ask the
Court to direct the prisoners to be brought up again to-
morrow morning, in order to give an opportunity ci con-
sidering them.

CHIEF JUiTICE—Let the prisoners be brought up to
morrow.

Mr. WHITESIDE, Q.C.—My Lord, perhaps this is the
proper time for me to apply for an order to allow Mr.
O'Brien to be confined in Richmond Bridewell instead of
Kilmainham Prison" where he was before. I don't sup-
pose the Crown will object.
The ATTORNEY-GENERAL—I have no objection to the
course usual on such occasions being followed. Their
Lordships will make whatever order on the subject is
consistent with the rules of the Court.

Judge PERRlN—Richmond Bridewoll is the proper
prison for prisoners after conviction.
The CHIEF JUSTICE—We will grant the application,
and have the proper warrants made out.
Sir C. O'LocuLEN—I have a similar application to
make in Mr. Meagher's case.
The CHIEF JUSTICE—We will grant orders in all the
cases, if required.
The prisoners, after a short interval, during which
time the new warrants, giving them into the custody of
the city sheriff, were prepared, left the court, and were
removed to Richmond Bridewell, in covered cars, as
they came to court in the first instance; each of the
prisoners was in a separate car, with two policemen, and
one of the sheriff's deputies. They were escorted by a
small force of mounted police and the 6th Dragoon
Guards, and passed along the quays and Dame-street to
Richmond Bridewell.
THE QUEEN V. MARTIN.
The CHIEF JUSTICE announced the intention of the
Court to give judgment in this case this morning, when
the prisoner will be brought up.
The ATTORNE Y• GERERAL said it would be necessary
to have an order for the prisoner to be in attendance.
The CHIEF JUSTICE intimated that he had caused an
order to be given to that eflect.
The Court of Queen's Bench was again crowded from
an early hour this morning, in the expectation that
judgment would be delivered in the case of Mr. John
Martin, and that the arguement upon the writ of
error, submitted by the counsel for the State prisoners
convicted at Clonmel, would be proceeded with.
At ten o'clock Messrs. O'Brien, Meagher, [l'Manus,
and O'Donohoe, were brought up in the custody of the
Sheriff of the county from the Richmond Penitentiary.
Mr. John Martin was also in court.
The Attorney-General, the Solicitor. General, and
Mr. Baldwin, Q,C., were present on the part of the
Crown ; and Messrs. Butt, Q.C., Mr. Whiteside, Q.C.,
Mr. Napier, Q.C., Sir Colman O'Loghlen, and Mr.
Holmes, were the principal counsel in attendance for the
prisoners.

- The full bench sat shortly after eleven o'clock.
The ATTORNEY-GENERAL then stated that, in the
case of Mr. William Smith O'Brien and the others, ho
had handed in rejoinders to the assignments of error.
The Crown had the books read in the case of the
Queen against Mr. William Smith O'Brien. He had
spoken to the counsel on the other side, and if their
Lordships would not omsidc r Tuesday inconvenient, the
Crown was now ready to furnish books.
The CHIEF JUSTICE —ls there any objection on the
other side.

Mr. WHITESIDE—None, if your Lordship pleases.
The CHIEF JUSTICE—Very well.
It was then arran"ed that the points in Mr. Smith
O'Brien's case should be furnished to the Crown Soli-

citor before five o'clock this evening, and the prisoners,
with the exception of Mr. Martin, were directed to be

,moved.