The Sun.
London, England, 1848-10-04 00:00:00

minutes. The man who levelled the carbine was
Orchard.

Cross-examined by Mr. WHITESIDE-But the only
thing elicited was, that he had not sworn in his infor-
mations of the fact that Orchard presented the blun-
derbuss at him.

Mr. WHITESIDE—Go away, you are a disgrace to
the British army.
Mr. :HATCHELL replied that such an observation
was most unjustifiable.
The CHIEF JUSTICE observed, that Mr. Whiteside
must himself see that the observation was uncalled
for, and that the man did nothing either disgraceful
to himself as a man, or to the British army.
Mr. WHITESIDE could see nothing of the kind, and
he had always heard judges animadvert very strongly
on witnesses whose parole evidence differed from their
sworn informations.

Captain Longmore deposed that he commanded a
troop of the Bth Hussars on the day the barricades
interposed to prevent their passing at Killenaule. As
soon as he saw them he commanded the troop to halt,
and rode up, stating that if they were not removed he
would order his men to tire. A tall sallow man,
dressed in black, came in front, and said he under-
stood the troop was only passing through, but if they
came to arrest Smith O'Brien, who was in town, the
people were determined to resist. He further asked
if witness had a warrant, and he replied, " No."
Upon which he ordered the barricades to be removed,
and the troop passed through.
Cross-examined by Mr. WnrrEsinu —Mr. S.
O'Brien was not at the barricade, nor did the gentle-
man who addressed him appear armed ; and after
he said he had no warrant he was allowed to pass. He
should observe that that was before the Lord-Lieu-
tenant's proclamation authorised the troops to act
against armed persons, and before certain persons
were declared to be guilty of high treason.
William Cashin examined—He was a car-driver,
employed by Walsh, at Killenaule, and deposed to
his having driven three geatlemen from Killenaule
to Ballingarry, but he did not know that one of
them was Mr. S. O'Brien, nor could he now identify
him.

MaryGlacken examined—She lived on the commons
of Baulagh, and remembered the day the firing com-
menced at the widow Cormack's; she also remem-
bered gentlemen coming to her house on the Friday
night before—five she believed, for they engaged five
beds from her, but she did not see them, as she went
to bed early. She was taken to Dublin to identify
them, but could not.

Mr. Pimlet deposed that he worked a colliery of
Mr. Barker's, and lived at a place called Bonlea,
which was an English mile from the common. The
witness remembered the Saturday the firing took
place. He also remembered seeing Mr. O'Brien
on the previous evening at Sullivan's public-
house. He saw him take off his hat and put
on a cap with a gold hand. There were seven,
or eight, or nine with him. He heard Mr.
O'Brien read a letter outside the house, but he did
not remember its contents. After reading it he
called a gentleman (Mr. Meagher), who got up
on the side of the car, and sail the same thing that
would happen them, would happen all present. He
told them to be in readiness in three weeks, when
the wisp would be lit over the hills. That was said
to a crowd of 150, and another said five weeks, when
they should fight for their country and have it. They
must hunt every English b-, or beggar, he did
not know which he said, to his own country. The
witness did not go to the common on Saturday at all,
hut he saw Mr. O'Brien in the evening passing his
house with two men, going in the direction of Kil-
cooley. On the morning of the firing at the common
a gun was taken from him.

Thomas Pemberton deposed that he was one of
the superintendents of the colliery ; he saw Mr.
O'Brien there on Friday, when he said that if
the company stood neutral he would support them ;
but if they offered to suspend the works in con-
sequence of the people following him, he would
work them himself. He said he would have Ireland
rescued from the British Government in less than a
week, that they were all ready in the towns, and as
far as he had travelled in the country they were all of
the same mind. He added, that if he was caught he
would be hung, immediately after which he went to
the common on business. He saw them also in the
evening, when they addressed the people on the com-
mon, and when Mr. Meagher said that since he be•
came a gentleman he ceased to be an outlaw.
Another witness was about to be sworn, when
Mr. O'Brien said he did not think it would be
doing justice to his counsel, who were necessarily fa-
tigued, nor to him, who was deprived of the opportu-
nity orsonsulting them, if their Lordships proceeded
further diiit evening. It was then half-past six
o'clock, and his counsel must necessarily feel fatigued.
The CHIEF JUSTICE at once complied with the re-
quest made ; upon which
Mr. O'Brien again said that he publicly thanked
their Lordships for complying with his request.
The Court then adjourned at half-past six o'clock.

LAW INTELLIGENCE.
PREROGATIVE COURT, Oct. 3.
This was one of the caveat and extra court days
after Trinity Term.

The COITUT (Dr. Haggard presiding) disposed of
about a dozen motions, most of them questions
•
I arising under the Wills Act, the provisions of which
testators seem to indulge in a perverse desire to evade.
Nothing more is necessary to the due execution of a
will of personalty than that it should be signed by
the testator at the foot or end, in the presence of two
witnesses, present at the same time (acknowledgment
being the same as signing), who are to attest and sub-
scribe the same.

POLICE INTELLIGENCE.
MANSION-HOUSE.
Jame .t liennings Smith, first engineer, and Alexander
Reid, second engineer, of the Lion steamer, trading
between London and Holland, and John James. David
Gillen, James Payne, John Kelly, Robert Barclay,
Jidirard Sorrell, and John APDonald, firemen and
trimmers, were brought up for final examination, upon
the charge of a piratical revolt.
Mr. Pelham attended for the prosecution, and Mr.
Smith defended the prisoners.
The LORD MAYOR said, having strictly investigated
the case and examined the evidence for the prosecu-
tion at considerable length, I am bound to say that
it appears to me to he a very flagrant case, particu-
larly upon the part of Smith, the principal engineer.
The question is, whether it does not come within the
11th and 12th William 111., which states, amongst
its clauses, that men who endeavour to make a revolt
in a ship shall be deemed pirates, felons, and robbers.
The question with me is whether the persons at the
bar are not comprehended within the meaning of that
Act. The circumstances are, in my opinion, most
unjustifiable. Nothing can be worse upon the part
of persons, engaged in a vessel than the course pursued
by the prisoners. According to the evidence before
me there was a ship with a large and most valuable
cargo of perishable articles. She was in port, and
could only sail at particular periods, and an order
was issued for her departure at nine o'clock on the
16th of September, and when the firm were lighted,
and the captain expected to depart at the appointed
hour, the course of the vessel was stopped by the
first engineer because his authority to ship baskets
of poultry for himself was disputed. What does
the first engineer do ? He takes the command
of the vessel himself, for he orders the fires to
be put out, and he incites the men to leave her.
More daring conduct never came under my observa-
tion. The ship thus left without those whose duty
it was to work her is unable to proceed. Efforts are
made to induce Smith, and those who were led by his
example, to return to their duty. The attempt
proves ineffectual, and the captain is obliged to get
other men to navigate her at great expense to the
owners. In the object and course of this dispute,
whatever annoyance the first engineer might have
been subjected to, there was no sort of justification
for the course he adopted. The point of law which
the solicitor for the prisoner has brought forward
must be submitted to a higher tribunal, before which
I feel it my duty to send so flagrant a case for further
investigation. I shall give Smith, as well as the rest
of the prisoners, the opportunity of giving in bail for
their appearance at the next sessions of the Central
Criminal Court, but as I consider Smith to be the
ringleader, I shall require hlm to bail himself in the
sum of 1001., and two sureties in 501. each. I shall
require of Reid, James, and Gillen, as next in crimi-
nality, bail in 401. each, and two sureties in 201. each,
and of Payne, Kelly, Barclay, Sorrell, and M'Donald
bail in 401., and one surety in 201.
The depositions were then signed, and the prisoners
were committed for trial. They are to give 24 hours%
notice of bail.