The Sun.
London, England, 1848-10-05 00:00:00

THURSDAY EVENING, OCTOBER 6, lB4B,

would protect their lives. They replied they *cild not
give them up ; they had an officer, and whatever he'd
do, they'd do. Mr. O'Brien then asked who he was,
and they said, " Mr. Trant, from Callan." He then
asked where he was, and they replied he was address-
ing the people backward in the yard, and he then
went away. Mr. O'Brien wore :a frock coat,
and a cap with a gold band on it; he had
a belt with two pistols in it ; he held another in his
hand. After Mr. O'Brien went away, the wit-
ness heard the words " Slash away, boys,—we'll
soon have them all." He did not know who
used the words, but they were spoken at the window,
and when Mr. O'Brien was distant about seven or
eight yards. The firing continued for about three
quarters of an hour. One shot entered the room where
he was, the mark of which was in the grate and
another outside the window.

Cross-examined—The person who came first to the
sill of the window remained on it all the time Mr.
O'Brien was there. When Mr. O'Brien put his hand
into the room they thought it was to grasp the arms,
and they ran to push it away. The firing com-
menced in about a minute and a half after. The wit-
ness thought some of the men in the yard commenced
firing first, and from the time Mr. O'Brien and the
other men left the window, he did not see him after-
wards until he was in custody.
To a juror—The bayonets of the men in the room
were quite close to Mr. O'Brien when he put his hand
into the window.

George M‘Donogh, head-constable, examined—He
was in the room over which Mr. O'Brien came on
the day in question, and remembered going down
stairs with Mr. Trant. After he returned to the
room, he distinctly heard the words " Slash away,
boys, and slaughter the whole of them," immedi-
ately after which the firing commenced. A ball
struck the sash of the window where the witness
stood, but no stones were thrown into the room.
He saw women collect stones, and shots fired, but
he could not see who fired them, as they were
concealed behind the wall which ran round the
house. To the best of his opinion the wall was four
feet high.
Cross-examined—He swore no information at all,
but he was sent for to Dublin, by whom he could
not say, but believed the Inspector-General wished
to have the person who could give the best infor-
mation. He was sent for on the Bth of
August, but did not tell them all he knew ;
he did not tell the Inspector-General about
the words " Slash away," but he told Mr.
Ray, who was in the Crown Solicitor's office.
He was the first who gave a deposition, but he
did not swear it. A map of the house was handed
him, but he would not swear positively as to the room
he was in. When he went into the room there was
a bedstead and a bed in it, but he did not go into it.—
(Laughter.) Mr. Trant told him not to attempt to
fire until they were fired on, or got orders from him.
As soon as he heard the words " Slash away," he
fired, and he would not swear he did not kill any
one. He saw a body, however, and two women and
a man carried away ; that occurred outside the en-
closure.

Police-constable i,Vateri deposed that: he was sta-
tioned in the room opposite the last witness, when he
saw shots fired, and the plaster knocked off the win-
dows, near to which he stood.
Police-constable Hanover deposed! that he went to
the widow Cormack's on the Monday following the
" shooting match."—(Laughter.) Ile examined the
house, inside and outside, and saw several marks of
both stones and bullets. The bullet marks were on
the front principally, but he found several others in
the inside part of the rear face of the house ; that is, of
bullets which came in by the front, and lodged in the
rear.

Cross-examined—General M'Donald was there
and got one bullet, which was handed him by an
officer; and witness saw several exhibited by the
children of the place.
John Carroll sworn—He was in the constabulary,
and remembered in July last going from Kilkenny
to Ballingarry, having been sent by Mr. Greene, the
resident magistrate of Kilkenny, to Mr. Trant. He
proceeded in the direction of the Widow Cormack's
house, where he heard some shots, but it ceased when
he got there. The witness delivered the letter, and
on his return came up with a crowd of persons
about 300 or 400 yards in a direct direction. Some
of them were armed with guns and pikes, and some
of them were not. Mr. O'Brien, at the bar, came up
and spoke to him. He asked him was he a mounted
policeman, being in coloured clothes, and he said he
was, upon which another man, with a gun in his
hand, came up and said he (the witness) might
consider himself a prisoner, but that he would not
be insulted or injured. At that time there were
about 300 or 400 people present, and Mr. O'Brien
amongst them. The party then moved down the
road, Mr. O'Brien and Father Fitzgerald going
together.
Who is Father Fitzgerald ?—The priest who went
along with witness up to the Widow Cormack's
house. The witness was ordered to the rear, and as
there was a great sensation among them, he thought
he was going to be shot, for they made a rush at
him, and ordered him to dismount. Mr. M`Manus,
the person who desired him to consider himself a
prisoner, took him by the arm and brought him out
of the crowd into the field, after which Mr. O'Brien
got upon his horse. Sometimes he used to ride away
for half an hour, and sometimes came back again.
The witness was placed in charge of four men, but
riot until he was prisoner, for half an hour ; and
after that he asked a third person would he allow
him to go to the village to get some refreshment, who
said he might ; but he was not allowed to do so.
That third party wanted Father Fitzgerald to give
him his blessing before the house was attacked.

Mr. WHITESIDE objected to the evidence7Why,
things said by a third party could not affect Mr.
O'Brien, who was not present.
After some discussion the Court ruled in favour
of the Crown, but the Attorney-General decliqed to
press the question.
Examination resumed—The witness was in custody
about two and a half or three hours, during which
time he was marched up and down the crowd, and
while among them heard Mr. O'Brien at some time
asking the people would he give himself up to be
hanged—that he did not like to be in that position,
or words to that effect, and at another time, that he
could take the place where Trant was in an hour.
When he asked, would he give himself to be hanged
or not, they said, no ; but could not say whether he
spoke of taking the house before that or not. He got
away in this manner. The witness asked a man
would he take him out of the crowd and protect him,
and he said he would with his life. Immediately
after, and while on the road, he saw cars coming
from the direction of Ballingarry with police, and
heard the people say they'd attack them. They then
left the road, and went into the fields; and when he
and the man, who offered to protect him, went about
a mile and a half, he was met by Mr. O'Brien. The
other man had gone away a minute or so before. As
soon as Mr. O'Brien came up he pulled a pistol out
of his breast, and said he would take his life or
he should take his, if he were going to arrest him.
To this the witness replied that he had no arms, and
he might shoot him if he liked. Mr. O'Brien replied
that it was beneath him to do so, or fire on an un-
protected man, and insisted he should go back with
him towards where he left the people. The witness
did so. Mr. O'Brien had a pistol in his breast, a
stick in his hand, and wore a common hat, having
changed it for the cap with the gold band he had first
worn. The witness went back with him about half
a mile, and while going, asked leave " to speak to
him as one man might speak to another? He said
"go on," upon which the witness said that it was
impossible for him to carry out what he had under-
taken, particularly as the Roman: Catholic clergy-
men, that he had seen that day, were against him.
To this he replied as for twenty years he had worked
for his country, and that country might redeem itself
if it liked. To another observation of the witness—
"That it could not be redeemed without blood "—he
said he wanted no blood, and immediately after gave
witness his horse, and walked away in the direction
of the commons.
The witness was cross-examined at some
_length,
but nothing material was elicitea.
Sub-Inspector Cox deposed that on the day in ques-
tion he left Cashel, in command of twenty men, who
proceeded at a quick pace, in consequence of informa-
tion he received. When they got within half a mile,
and in view of the Widow Cormack's house, they saw
a large number of men formed in line between them
and the house, and a little to the left of the road. The
party that came to meet them was composed of about
two hundred men, and when near there divided them-
selves into three portions, two going behind the
hedges at ;each side of the road, and a third, the
smallest, coming directly down the road. There was
wo hundred
a cross road before them, and about t
yards above an immense number passed. Just as the
police got to the cross roads a party of men stationed
there retired on the hill, where with their companions
they commenced yelling and shouting. The witness
then sent six men on each side of the hill and went
himself with the remainder towards the hill. They
still continued shouting, and as he gained the people
retired.

Mr. WHITESIDE submitted that the present state-
mect was not
applicable at all to the case, as there
was no overt act
at all applying to it, but h© was
overruled.
Examinatio_ll resumed—There were two or three
men most conspienous among those who called to the
people to come on, and they did so. The people were
armed with guns, and pikes, and stones. One of the
police cried out that he was fired at, but he ordered
them to fire even before that, and when they did so
the people returned it. He saw one man fall, upon
which there was a pause, and the people retired. They
continued to fire for about three minutes on the police
—some one shot, some two shots, and some more.
When we got to Widow Corinack's it was a perfect

wreck inside, and the marks of bullets in several
places.
Cross-examined—The house was wrecked by the
police, and the furniture broken in barricading it.
None of the police were injured, but some of the
people were shot. The witness sent no one for Mr.
O'Brien's portmanteau that was at Mrs. Doheny's,
but a man named Norton brought it in.
Michael MulgrAw merely deposed that he heard the
report of a shot before Mr. Cox's party fired, and that
when they did so fifty men were advancing towards
them with pikes, on whom they fired.
Two or three other witnesses were examined re-
specting the manner in which Mr. O'Brien's portman-
teau came into the possession of the police. It appeared
it was found in a limekiln, situated in the garden of
a house belonging to a man named Lyttleton, a
pawnbroker, in Cashel, and by his son given up to a
servant boy of a person named Norton, who brought
it to the police.

Three policemen proved the existence of the " Red
Hand " Club in Dublin, deposed to in the evidence of
Dobbyn, the approver.
A copy of the Order in Council was then handed
in and deposed to by the Crown Solicitor, dated the
18th of September, directing that Mr. O'Brien should
be tried for high treason ; and a proclamation dated
July 18, which proclaimed Dublin.
Mr. WIIITESIDE—Is that for the suspension of the
Habeas Corpus Act ?

The ATTORNEY-GENERAL—NO.
Mr. WHITESIDE—Then its for martial law ?
Chief Justice BLACKBURNE—Ah ; now Mr. White-
side will you let me take it down ?
The letter to the Mining Company was then read,
and some papers found on Mr. O'Brien's person by
General Macdonald, when arrested in Thurles. Those
papers appeared to be traciags of different parts of
the country, particularly of Ballingarry and the roads
leading to it.
The ATTORNEY-GENERAL then proposed to read
the letter of Mr. Duffy, found in the portmanteau.
Mr. WmiTEsIDE objected, on the ground that the
contents of letters found in that portmanteau could
not be received as evidence against Mr. O'Brien, unless
they were in his handwriting. In the present case
it was a long time out of his possession, and had
passed through many hands before it came to the
police.
The ATTORNEY-GENERAL replied, if he proved
clearly that Mr. Duffy was a co-conspirator, it was
quite enough for him.
Judge MooßE—The chief difficulty is, that the
letter was never traced to .Mr. O'Brien's possession.
The ATTORNEY. GENERAL contended it was SO
traced from the house of Mrs. Doheny to a limekiln,
from a limekiln to a person named Norton, and from
him to the police, and subsequently the document
was found in it written by Mr. Duffy to Mr. S.
O'Brien.

Mr. Fitzgerald and the Solicitor-General were also
heard, after which the Court decided in not ex-
cluding it.
Mr. WHITESIDE next applied, that as the Court
decided on having the letter read they should have
all the papers found in the portmanteau read also.
The Under-Secretary of State pledged himself to
return Mr. O'Brien's papers, but he had broken his
word.

The COURT decided there was no necessity.
After which Mr. DufTy's letter was read.
The ATTonTsEr-GENERAL then proposed to read a
letter written by Mr. T. F. Meagher, found in the
portmanteau also. It was dated. Cahirmoyle, giving
an account of a tour of agitation he made to Cork and
Limerick, and of his intention to go to America, to
raise money, and invoke the sympathy of the Ame-
rican people.

Mr:IVniTEsIDE objected, but the Court ruled
against him.

" Cahirmoyle, Wednesday Evening.
" My dear Smith O'Brien,—l have this moment
reached here ; it is just nine o'clock, and I sit down
for two minutes to give you an abrupt account of
myself.
" Upon Sunday I left Dublin at eleven o'clock,
LIS., and reaching the Thurles station at three o'clock
found no way of getting on to Limerick. It struck
me then that you might be in Cork, particularly as I
had read a speech purporting to be addressed by you
to the Rathkeale clubmen, in ,which you are made to
state that you were going to Cork. Off I went by
the mail to my own beautiful darling city, and
arrived there upon :Monday morning at one o'clock.
I spent the day with Barry and Leyne, and the half
of the next day leaving it last night. This morning
I arrived in Limerick, and received your letter. Just
think of it, I quite forgot this was Tuesday, and I
started off to Rathkeale instead of stopping where I
was, as your letter would have suggested (did in fact
suggest), and made a naming speech to the multitude
from Mr. Fitzgibbon's windows; after which I gal-
lopped off to this find old place, finding out, when I
was just a mile from the gate. that it was Wednes-
day and not Tuesday. However, I still persevered,
and here I am. Well, then, I come to tell you about
the American trip. I am, off for New York (God
willing) on Saturday.
" O'er the glad waters of the dark blue sea,
My thoughts as boundless and my soul as free."
What to do ? To raise money—to invoke sympathy
—to &c., &c.—amuse myself. You will be delighted
with the Cork organisation. Be so good as to men-
tion at the soirée on Monday night the object and
fact of my departure, and
"Believe me ever your faithful friend,
" THOMAS F. MEAGHER.

The next document was the resolution and ad-
dress passed at Philadelphia, and referred to already
in the trial.

Mr. WHITESIDE again contended that the recep-
tion of this was not legal evidence, as against the
prisoner, but he was overruled by the Court.
Mr. O'Brien then said that, in justice to himself, he
was bound to say it was his habit to keep all letters
in his pocket until he answered them, and, therefore,
to make him responsible for them, appeared to him to
be the height of injustice.
The document was then read. Next came an ad-
dress from the "John Mitchel" Club, Enniscorthy, to
Mr. O'Brien, on the occasion of his visiting that
town, in July last, and the balloting papers in electing
the Executive Council.
Mr. WHITESIDE asked for all the documents found
in the portmanteau.
The ATTORNEY-GENERAL replied that he should
send for them that very night to Dublin, and that
every exertion in his power should be used to have
them for his Learned Friend. They consisted, he
believed, principally of private letters.
A map of the widow Cormack's premises was then
proved, after which, the case for the Crown closed.
Mr. WHITESIDE then said he would be ready to
proceed with his speech in the morning, at ten
o'clock.
The Court then adjourned at half-past six o'clock.

POLICE INTELLIGENCE.
GUILDHALL.

A potboy, named Joseph 11P Laren, and James
Pomeroy Boobner, a shoemaker, were placed at the
bar on the charge of stealing a cashbox containing
between 301. and 401. from the Fortune of War pub-
lic-house, Giltspur-street. The first-named prisoner
has been several times under examination, but
Boobner then appeared for the first time.
Mr. Child appeared to prosecute, and Mr. Sidney
and Mr. Dod defended the prisoners.
From the evidence taken on former occasions, it
appeared that M'Laren's brother, and a party of eight
or ten, had a supper in the club-room of the Fortune
of War on Thursday night, the 21st of September,
and that their conviviality was kept up until about
three o'clock in the morning, when they descended
to the bar and had more to drink. About this time
a witness named Arthorpe, who was leaning against
the bar, heard the chink of money, and on turning
his head round observed Joseph M'Laren, who was
potboy to the house, on his hands and knees inside
the bar, and having a bottle and what appeared to be
a box in his hands. He made towards the bar-door,
and Althorpe distinctly swore that he saw M'Laren
pass what he considered the box to the prisoner Boob-
ner, upon which they both left the house followed by
the rest of the party.
_ _ _

The evidence of' Mrs. Darker, the landlady, went
to show that the money was all safe about nine
o'clock at night, and that while her husband held the
door open for them to depart, she was persuading
them to go, when one of the party whom she
knew caught hold of both her hands and said,
"My good woman, we are going directly," upon which
another person fell down and cried out, "Don't rob
me." Some confusion immediately took place;
after which they all left, with the exception of
one of the prisoner's brothers, who slept in the club-
room, and another, who took up his quarters on a
sofa in an adjoining room. After shutting the door
the robbery was immediately discovered, in conse-
quence of which she and her husband determined not
to go to bed, but remained all the rest of the night
in the bar parlour, and on the following afternoon
gave information of the robbery to the police, when
their pot-boy was taken into custody.
The witnesses were cross-examined at great
length by Mr. Dodd and Mr. Sidney, but did not
succeed in shaking their testimony in any material
point.
Alderman MOON said, he considered that sufficient
evidence had been adduced to send them for trial.

Application was made for the prisoners to be al-
[owed out on bail.

Alderman MooN refused to take bail for M`Laren,
but said he had no objection to allow Boobner out,
himself in 801. and two sureties of 401., besides giving
24 hours' notice.

The depositions were then made out, and they
were removed to Newgate.

BOW-STREET.

Benjamin Goslin end Alfred Grey, clerks, were
charged with assaulting G ;urge Seymour, a drum-
mer in the Coldstream Guards.

The complainant was walking from Waterloo-
bridge, in returning from the Surrey Theatre on
Tuesday night, when the prisoners purposely jostled
against him. He remonstrated with them in mild
terms, upon which they fell upon him, knocked him
down, and both struck and kicked him in the most
savage manner, tearing one of his epaulettes from his
shoulder and throwing it over the bridge. The toll-
keeper went to his assistance, and sprung his rattle
for the police, three of whom came up and secured
the defendants. Grey assaulted one of the constables
on his way to the station-house.
The defendants contradicted the statements of Sey-
mour; and Goslin said that they had merely gone to
his rescue, seeing that he was assaulted by a third
party, who escaped apprehension, and that one of
them (Grey) had lost a valuable watch and chain
during the affray.
Mr. HENRY was satisfied with the evidenge as to
the assaults committed, and fined the defendants each
Li., or one month's imprisonment; adjudging Goslin
to pay 3s. 6d. for the epaulette which he threw into
the river. His Worship further committed Grey to
one month's imprisonment, without the option of a
fine, for assaulting the police-constable.
A middle-aged woman, named Ann Maria Wren,
was brought up on a warrant, charged with annoying
Dr. Epps, the physician.
Mr. Clarkson appeared for the complainant.
From the little that transpired in court it appeared
that the defendant was some time back one of the
complainant's gratuitous patients. She then formed
a strong attachment to the doctor, and, after making
several fruitless attempts to engage his attention, she
took a handsome apartment in Berners-street, and
sent a message to the complainant to the effect that
" a lady had been taken suddenly ill, and his imme-
diate presence was necessary." The complainant rode
to the house and was conducted to the room, when, to
his surprise the defendant rushed upon him and en-
deavoured to embrace him. He managed to avoid
her, however, and on inquiring of the persons living
in the house, was informed that the woman had taken
the room in the name of a gentleman whom, she said,
would call in a short time to look at it.
Mr. HEratv asked the defendant if she had any ex-
cuse to offer for her extraordinary conduct P—The
defendant declined stating her reasons for acting as
' she had done ; but promised the Court never to cause
the doctor any further annoyance.

Upon this understanding:there being no wish on
the part of the complainant to press for punishment,
The defendant, who said that she was a cook, was
required to enter into her own recognizances for a
month.