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

N0.17,486.] LONDON, WEDNESDAY E IT E N

SANATORY PRECAUTION.—The Public are
1.7 reminded, that in 1312, BEL'T'S PATENT BRANDY was
successfully employed by thousands, both in prevention and cure of
Cholera, and that it has been the Brandy employed ha Guy's St.
Thomas's, Westminster, and other Hospit.ds, both Metropolitan and
Provincial. The subjoined are extracts from some testimonials then
submitted to the public as aWarranty for confidence.
" Grenadier Guards Hospital.
"The two samples of your Patent Brandy I had an opportunity of
laying before the Board of Officers who sat at the Regimental Hospi-
tal last Saturday. Every mem4er of the Board approved of the
]?randy, and have ordered hat it shal! be used for the sick.
(Signed) "J. HARRISON, Surgeon-Major,
" Grenadier Guards.

" ➢fessrs. J. T. Betts and Co."

reet.
"I do not h^sitate to express my convictionU, that iGt isower-st as free
from anything injurious to health, and contains as pure a spirit, as
the best varieties of foreign itrandy.
(Signed) "EDWARD TURNER, Professor of
" Chemistry in the University of London.

" J. T. Betts, Esq."

" Long .
"I am bound to say, and do assert it with contldence, that fir pu-
rity of spirit, this cannot be surpa‘sed ; 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 lIUIEE, Toxicological Chemist
" to the Board of Excise.

"To T. T. Betts."

" 58, ersgate s treet.
"Your Brandy is freo from uncombined acid andAl astringent matter
sst'cft exists, more or less, in most of the Brandies imported from
France. (Signed)
JOHN' THOMAS COOPER, Lecturer on
" Chemistry at Guy's and St. Thomas's Hospitals.

1! To Mr. Betts."

It may beCaCiin single bottles, at 3s. each, secured against the pos•
sibility of adulteration by Bet!s's Patent Nletallic Capsule, of every
respectable re'ail 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. p,r gallon, bottles included, or in bulk, at I6s. per gallon. Cash
on delivery.

TEAS AT WHOLESALE PRICES.
No. I, BUCKLERSBURY, Clicapside.
Black, 2s. ed., 35., 3s. 4d., 3s. Bd., 45., 4s. 4d., is.
Green, 35., 3s. 4d., Ss. Bd., 45., is.. Gs., 7s.
Coffee, 91., 10d., Is., Is. 2d., s. 4d., Is. 6d., Is.
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.
All orders not con:ainiug remittances must be accompanied by a re-
ference to a respectable party in Loudon.
MANSELL and Co., Wholesale Tea-Dealers, 2, Bueklersbury,
Cheapside.

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Illustrated by 26 Anatomical Coioureo Engravings on Steel.
,)N PHYSICAL DISQUALICATIONS, GENERATIVE INCAPA-
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- -

RAILWAY SF)! AR,E MIKE I's,
BRISTOL, OCT. 10.
STOCK EXCHANGF..—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, la
Shares, 4 dis.—Taff Vale, New, % dis.—Newcastle and Ber-
wick Extension, 4,/5 dis
LIVERPOOL, OCT. 10.
STOCK EXCHANGE.— Mere is a dull market for shares.
The sales were limited, and firices are lower. The sales are—
Caledonian, Preference, 1 dis.—Great Northern (A), 2
Lancashire and Yorkshire (late Manchester and Birming-
ham), Fifths, 5% dis.—Ditto (late West Riding Union),
Fifths, 6% dis.—London and North-Western, 104 c.— Ditto,
Fifth Shares, 114 p.—Ditto, New Quarters, 2 dis.—Ditto,
paid up, 20—Midland Stock, 761,4—Ditto, New flalves. 12%
dis.--Shrewbury and Chester, 101. Preference, 1274'4—South-
Eastern and Dover,. 2114 Ditto, No. 2, 121,E —Ditto, No. 4,
Thirds, 6,4—York, Newcastle, and Berwick (G. N. E. Pur-
chase), 4% dis.

DIA NCFIE, Om 10.
STOCK EXCITANGE—The S
sale TERs
are—Ambergate. Notting_
ham, and Boston, 4 dis.—Caledonian, Preference, % c. dis.—
North Staffor ishire, 7 3-16 dis.—Sontb-Eastern and Dover,
No. 4, 6 7-16 —Leeds, Preference, 3-16 dis.—East Lanca-
shire, Preference, ,At dis.—London and North-Western, 102
Biruectiead, Lancashire, and Cheshire Junction, 9% dis.—
Old Grimsby, 30V dis.—Sheffield, Eighths, 7% n. dis.-
-West Riding Union, 6 5-16 dis.—Leeds, Fifths, 54 die_
Bristol and Exeter, 39 % dis.—Chester and Birkenhead,
221. Shares, 9%.

BIRMINGHAM.. Ocr. 10.
STom ExcitANGE.—The share market continues much
depressed, and there is little doing. The sales are—North
Staffordshire, 7 dis.—Shrewsbury and Birmingham (B),
45,,A dis.—South Staffordshire, 41. 13s. 9d. dis.—Shrewsbury,
Preference, ls. 3d. p.—Chester and Holyhead, 273/4—Great
Northern, 13%. _

THE SPECIAL COMMISSION.

THE SENTENCE ON
MR. SMITH O'BRIEN.

In consequence of its being generally supposed on
Monday that Mr. O'Brien would be brought up to re-
ceive sentence, the court was no sooner opened than
every
hpea
ceremony.rt of it was filled with persons anxious to wit-
nessTrhhee
ATTORNEY
-GENERAL
temnnor'ecdloctkh.e
judgment
of the Court in the case of " The Queen v. 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 any matters in the progress of the
trial, 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
meeting 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 admissible 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 counts 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 bad committed
treason in Ireland, he amid 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 pei son 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, who 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. He sub-
mitted that the only effect of that Act was to make levy-
leg of war in England triable in Ireland, and that the
word " realm" had no larger operation than before. In the
Act itself a manifest distinction was drawn between the
words "realm of England" and "land of Ireland."
He had looked through the Irish cases, but he had not
found any distinct case where 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
Edward 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 was 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
deed, 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-
ment
-as proof of the levyingof war were the various acts
done at Ballingarry, Killenaule, and Mullinahone, and
not the actual levy 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 fur life.
The ATTORNEY-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 he was entitled to the judgmenteof the
Court. The effect of Poyning's Law Was, as he sub-
mitted, to transfer to Ireland the statute of Edward, s•
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
as that Act was passed. That was the universal con-
struction put upon the Act, but if that were nut so, and
if legislative at clerations were wanted to put an end to
to
nny the doubtsloth
on
Henrythe : subject,e. 13,he haand
Actonlyp Laos sreedt theirn
the Court
same session of Parliament as Poyning's Law, which
expressly assumed that to levy war against the King was
warhigie
against
tn
he becauseKinwist enactedLieute,
Lieutenant
was`t o makeas
rn ormuch
g
h levy h
treason as to levy war against the King himself." But,
that every Act existing in England at t
Ireland. All the
independently of this fact, the argumhenettiwmansniobrvni3o,nus.
ing's Law was at once transferred to
indictments in 1798 were for a levy of war within that
kingdom.
Mr. WHITESIDE—There 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 the counts. There was also
another statute-sth George 111., which assumed that
the statute of Edward 111. was in force in Ireland. On
these grounds he submitted there could be no doubt but
that the statute of Edward was in force in Ireland.
lie 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 act 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 England
did not contain such a count as to compass the levying
of war, but made a direct charge of levying it. Thus,
in 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 twould hold good in
Bratibrick's case. The distinction between the Acts of
Edward and George was, that the ono 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-
spectfully 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 the motion must be refused, the
indictment being good in form and substance.
The Lofts) CHIEF JUSTICE, after reciting the objec-
tions raised in support of the motion, said, in reference
to the statute of Edward 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 comp .tefing to levy
war, when that is for certain purposes Was made treason.
The statute of Ed ward 111, made the levying of war the
crime. This statute made the intention to levy war the
ertri
()see
tpl
fnnat
Edward
,nhtdhetewi oaoantnar;dtethruttethats
let
Atl
iehcnvatt3toionwfreghl
compassingEni
ocnd fhyt
war,v.
awayroldft
andldi weal treasonlnrohtfieehm. stce'lr nehh:iai odnsTkuot es4Aehnesunes4l
levying war, felony. The two things are perfectly dis-
onnnedeeaushetisnatnhereamcta,ininntnhethonthseurhi!
o
jscottuhl should saetett
lesseniFol°n ctohnes
providesft
force
ru
ce
et i oot nfh
no
tro f
in any
ninys
gtaffittuabt:enrec.istrn so,anff contained
ncf for
ari
any-
thing eh
de
elttethdeeirrorettmliahithtmes;
hakes
(nntikeandogenisb.snejdtt
tntelhuits: on is that tho statute of Victoria,
enacted by the stettais of Edward 111, declaratory
of what offences stiouldnnbeeadj•udged treason. The act
other; therefore, in ourjuegtnent, it is
that neither of these objections being the erime in the instance,intentionperfectly in p theain
respect to the points that were canrir argued
maintained, nnendu.With
respect to the Points that were argued l tho course of
wo have, over and over again, maturely the trial,
con-
sidered. theta.
reserve°pinio n them'e h have
er
texpressed.hWeeop4irnon of the til e perfectly
the Clerk of th C
ovvinc :ether
satisfied with the
t notejnn
odegoeousfr.
death intentions h o tod
Oa being asked by
he
Aci could
O'Brienstate
front of thee
trine not bbe
f emotion passed
wooynao reasonsd him,
uponhis faceexcept at the.
w y se
conclu-
sion of his brief address, when a slight flush passed over
ot

it for a moment. He spoke in a 'loud and firm voice the
rollowing 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 of doing
sta. 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 having 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 BLACKBURNE proceeded to
address the prisoner, who rose from the chair on which
he had taken his seat on the conclusion of his observa-
tions, and presented himself to the Court with the same
impassibility of feature that he bad before exhibited:—
William Smith O'Brien (said his Lordship), afterglong,
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.
(Here 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 !
As he uttered those words his Lordship raised his
hands towards heaven, rand seemed deeply affected, in
that respect sharing the ,feelings which had been pro-
duced 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.
The 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.
Terence Bellew MVllanus 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. BUTT said he was prepared to raise the same ob-
jections which had 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 Court, he would not presume to say
a clear one, and nothing but his sincere respect for
that decision could prevent him from re-arguing the
s ct eritMehdeonoi
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They have
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eadl
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peared length in Mr. Whiteside's speech.
Mr. 0 CALLAGHAN followed on the same side ; and
The COURT, without calling on the Attorney-General
and Sohoitor-General to reply,-refused the
ply to Mr. BUTT, he stated that he d
the grounds set forth in th •
their previous judgment on a
similar motion,
The ATTORNET-GENERAL consented to give a list of
the witnesses.
In re
in-
tend to give evidence of any act not set out in the in-
dictment, and the bill of particulars was not given..
The following jurors were challenged peremptorily by
the prisoner :
J. Willington, C. Clarke, A. • •
Phillips J B, Hut-
chinson, J. Lloyd, R. Philips, H. Briscoe,_ S. Cooper, S.
Sankey, L. H. Jeypson, J. Minnitt, S.n all, J. G d-
frey, j, P. Lloyd, J. Mansergh, P. Gough,3'6 Barton,o
A. Hartford, E. Biggs, W. Ryan. .
Several were set aside for various reasons.
The Crown did not challenge any juror.
She following gentlemen wore ew ger oars.
the
jury
S. Barton (foreman), J. R.
Minnitt, J. L. tre,
G. Gough, W. Smith, on stating that he had not de-
clared any opinion as to the trial, W. P. Gason,
W.
Butler, J. Prendergast, P. Massey, R. 11I'Creath, W. P.
Armstrong, J. Harden.
The clerk then read the indictment,
The ATTORNET•GENERAT, said the
question for their
consideration was whether the prisoner had taken part in
the transactions which `had occurred in this country in
the month of July last, and whether those transactions
amounted to a levying of war ? Having briefly
ex-
plained the law of the case, the
Learned Gentleman said
Mr. M‘Manus was an Irishman, but resided in
Liverpool ; unfortunately for himself, he was in
the habit of associating much with persons who
had assumed the denomination of Chartists, and the
last, to ex-
first evidence which he (the Attorney-Gener4l) intended
to produce against him was, a speech delivered by him
transactions here to which he should call their attention.
pinlainLityheerpsouoblseqounentthceonituhct of the thjeupnerisoner in the
The meeting was held to sympathise or assist those who
were at that tme in this country endeavouring to ob-
taia a repeal of the legislative union, and was composed
principally of Chartists. The speech so made was re-
ported by one of the constabulary., and the substance of
if it were not carried by fair means, there would be a
it was that repeal should be carried by all means—that
who joined
him in that bloody struggle which he anticipated would,
as a reward for so joining him, obtain grants of land in
bloody struggle to obtain it, and that those
Ireland, That would evidently imply that the conquer-
grants of land. Mr. WManus arrived in
ing or successful party would have the means of making
Dublin from
Liverpool on the morning of the 25th of July. On
coming over in the Iron Duke steamer, he was accome
panied by a policeman, for the purpose of watching his
movements and, perhaps, of arresting him on his arrival
in Dublin. He brought with him a tin case, marked
with the initials of his name. He must have pet ceived
that he was watched, for on quitting the steamer he left,
behind him that tin ease—it could not have bees acci-
dentally, fur he said he should call for it, but he never
course of
There was
dthidatsod.ayUitpownatehaftoceaesde bteeinegenotpazeda theienaitaf
military
uniform—a green coat, green trousers, and a green
cap, and a waistcoat. He had heard it deposed on
Mr. O'Brien's trial that a club called the 'B2 Club had
ofnanothuinngifoirllniegalan uniform
of that description, but he was not aware of any
circumstance that rendered it advisable or desirable
ins a similar description.
that Mr. 111`Manus should have brought this box
him, the 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'Manus. Immediately after reaching Dublin,
he again left that city. Unfortunately for
po-
liceman who had accompanied him from Liverpool lost
sight of him on his arrival. It appeared that he went to
an hotel which he was in the habit of going to when he
so, and the -next
was in Dublin, that he breakfasted there, and said he
should return, but that be did not do
place he was seen at was eite-- "g " •
march to not
entitled
tttlt hislfpeoa

• _
_. ...ittnatione or on thf-
_
_- —...Longarry. There might be some doubt as
to his being at Afullinahone, 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
I proceeded to trace the route taken by Al'Marnis in com
pany with Mr. O'Brien, and to state the overt acts of
levying war against the Queen, which were exactly those
alleged and proved against that gentleman, and cl.,
not, consequently, need any further ' 'notice. It
might be alleged that wmanua },..7 --- - -..--