The Sun.
London, England, 1848-10-07 00:00:00

Examination resumed—l remember Saturday, the 22d
of July last, and also recollect having received on that
day an intimation by electric telegraph from London,
statit)g that alb Habeas Corpus Act was about to be
suspended, and that a warrant had been issued for the
arrest of Smith O'Brien. A placard announcing that
fact was exhibited at my office. Mr. Dillon and Mr.
Meagher celled on me in reference to it, and I showed
them the original telegraph. The witness was also ex-
amined at some length on the proceedings of the Con-
federation, and the League, and with reference to the
amalgamation of all sections of Repealers, and the
grounds of that union.
John Maher, Esq., sworn and examined—l am a
Deputy Lieutenant of the county of Wexford, and have
been Member for that county. I have been acquainted
with the prisoner for many years, and remember' his
being at my house in July last. It was on Saturday,
the 22d. He arrived at Enniscorthy at half-past five
o'clock in the afternoon, and came with me to my house
in My carriage, where we arrived at from seven to half-
past seven o'clock. He came to me in consequence of
an invitation 'given to him a long time previously.
A letter was handed to the witness; it was a letter of
invitation. _ _

ATTORNEY-GENERAL—TiIis, my Lord, is one of the
documents found its the portmanteau of Mr. O'Brien.
Witness—The invitation was given in April, 1848.
He had received an invitation a long time before that,
but it was renewed subsequently, in July, the week
before he came down to me. Mr. O'Brien remained at
witness's house that night, and left about ten, or half-
past ten, next morning. A servant came to witness's
bed-room in the morning and said Mr. O'Brien wished
to see him. He went to Mr. O'Brien's bed-room and
found him dressing.
The ATTORNEY- GENERAL objected to this evidence
being received.
Mr. FITZGERALD contended that he was entitled to
show by Mr. O'Brien's own declarations what were his
motives for leaving Mr. Maher's.
Chief Justice BLACKBURNE—We cannot admit this
evidence, as nothing was brought out as to this matter
iu the evidence for the prosecution.
Mr. Smith O'Brien—My Lord, I beg pardon for in-
terrupting the proceedings, but I ask, in common fair-
ness, whether every speech which was made by me, and
which was reported in such a fashion as I believe was
never reported before—by common policemen—is to be
given against me as evidence of my intent ; while the
remarks I made to a friend as to my objects are not to
be received in my favour ? It is the most monstrous
thing that was ever heard of. After a pause, he con-
tinued in a muttering tone—You had better give up the
defence, Mr. Fitzgerald—this is a perfect farce. He
then continued in a loud tone—Mr. Fitzgerald, I call
upon you to give up my defence. Let the case go to
the jury as it stands. lam quite content that it should.
I hold that this is a substantial violation of all the prin-
ciples of justice ; and I call upon my counsel to give up
my defence. This is of a piece with the evidence about
the round tower.

Mr. FITZGERALD—I beg your Lordships' pardon,
but I should wish to send for Mr. Whiteside. Your
Lordships know that this a case of very heavy import-
ance to me.

Justice MOORE—Oh, yes, certainly.
Mr. FITZGERALD—In the mean time I shall ask two
or three other questions, which will not be objected to.
Examination continued—Mr. O'Brien left town from
ten to half-past ten o'clock. The two gentlemen went
with him, but witness did not. Witness had been ac-
quainted with Mr. O'Brien since 1835, and believed him
to be a person attached to the Queen and constitution.
Mr. O'Brien dined at his house on the day he arrived,
and witness told Mr. O'Brien that he would invite Dr.
Sinnett, the President of the Catholic College at Wex-
ford, to meet him next day at dinner.
Mr. O'Brien—My Lord, I must appeal once more to
the Court, to ask if this conversation is to be received
or not?

Justice MOORE—We are waiting, Mr. O'Brien, for Mr.
Whiteside.

The SOLICITOR-GENERAL—My Lord, AS this matter
seems to press on Mr. O'Brien's mind, we have no ob-
jection that the evidence be received.
The ATTORNEY-GENERAL—At the same time, my
Lord, I must protest against this matter being drawn
into a precedent. . .

Chief Justice BLACKBURNE —Oar impression is, that
with regard to any transaction which has been brought
forward by the Crown, Mr. O'Brien has the fullest right
to adduce counter evidence; but in this matter, as to
which the Crown has given no evidence, the prisoner
has no right to give any. But as the Crown has waived
its right we have no objection.
Mr. FITZGERALD—NOW, Mr. Maher, state what
passed.
Witness said he went to his bed- room, when Mr.
O'Brien said, " You have two other guests in the house
for whom I think you are not prepared. Meagher and Dil-
lon arrived this morning, and bring the news of the sus-
pension of the Habeas Corpus Act, and that a warrant
for my arrest has been issued, which they think may
probably have come down by the mail last night." He
then said, "My dear Maher, I did not come down to
your house to disturb its peace—get us some breakfast,
and send us on our way. Ido not wish that any arrest
should take place here; send for a car that we may go
to Kilkenny, where we have some friends that I would
wish to consult on this crisis." Witness told them they
should have his carriage to Enniscorthy, and that he
would send forward a man to get a car ready for them.
They breakfasted, and left in an hour.
Mr. FITZGERALD —Had any appointment been pre-
viously made for the next day? Witness—Yes. I had
arranged next day to take him to the harbour of Wex-
ford, and the land which is in the act of being re-
claimed there, which Mr. O'Brien had expressed a wish
to see.

Cross•examined by the ATTORNEY-GENERAL--Wit-
ness was not present when Mr. O'Brien first came to
Enniscorthy, on his way to witness. Did not hear him
make any speech. Mr. O'Brien had a large portman-
teau with him. Witness did not expect to see either
Mr. Dillon or Mr. Meagher that morning.
henry Coulter, reporter of the Freeman's Journal, was
examined by Sir C. O'LoortLEN—Was present at the
meeting in the Rotunda, when there was a dispute be-
tween Mr. Mitchel and Mr. Smith O'Brien, and reported
a portion of Mr. O'Brien's speech on the oecasion. Mr.
O'Brien also moved a resolution, to the effect that, as
certain letters had been published which might com-
promise the League, it was advisaide to publish the ori-
ginal resolutions. Mr. Mitchel moved an amendment,
and the debate lasted fur three meetings. Witness at-
tended the first and the last. There was a division on
the last day, and Mr. O'Brien's resolution was carried.
Before the division Mr. O'Brien replied in a short
speech, reiterating his former opinions. Witness also
identified the report of a speech of Mr. O'Brien's,
made on the 13th May, 1847, portions of which had
been read by Mr. Whiteside in the course of his ad-

dress.
Mr. Richard Barrett, editor of the Pilot newspaper,
examined by Mr. FITZGERALD—Was a member of the
'B2 Club, and so was Mr. O'Brien. It was not connected
with the Confederated Clubs. The first time he saw Mr.
O'Brien was in 1844, when witness was in prison with
the late Mr. O'Connell. Mr. o'l3rien was in pursuance
of an object which involved attachment to the Queen and
Constitution. The uniform of the 'B2 Club was a cap
with a gold band.

Sir David Roach, Bart., examined—l have been
Member for the city of Limerick, and have known Mr.
Smith O'Brien for many years; from the various con-
versations I have had with him I have no reason to be-
lieve he has been disloyal, but I do not think he is at-
tached to the present constitution, that he is an advo-
cate for a repeal of the union. I know that he is not in
favour of a republic. He is a man who would not prac-
tise dissimulation. I believe he is a man who would be
determined in carrying out his opinions. I never heard
him speak disrespectfully of royalty. I had a conver-
sation with him early in the present year on the line of
conduct pursued by Mr. Mitchel and the Confederation,
in which lie expressed his intention of separating from
that society.
John Bolton Massy, Esq.—l am grand juror of
county Limerick for many years.- I know the prisoner
for many years, as the greatest intimacy existed between
our families. I never could collect anything from him
that would ledd me to believe he was oppo:md to royalty.
He certainly is a Repealer, but I believe him to be in
favour of Queen, Lords, and Commons.
Sir Denham Norreys, Bart., examined—l am M.P. for
Ma!love, and was so in 1843; am acquainted with Mr.
O'Brien, who was M.P. at that time. The report of the
speech delivered by Mr. O'Brien in the House of Com-
mons in July, 1843, and which has been handed to me, is
a correct report of that speech. It was Mr. O'Brien who
drew up the address; to the people of England, iu July,
1843. From my knowledge of Mr. O'Brien, I had- al-
ways known him to be attached to the Queen, Lords,
and Commons, and the opponent of anarchy. Never
heard him speak against the rights of property. I do
not believe him to be a man who would dissemble his
opinions.
William Fitzgerald, Esq., examined—ls a grand juror
of the county Clare, and had known Mr. Smith O'Brien
for many years. Never heard him express senti-
ments of disloyalty or of a republican character,
and believes him to be humane and peaceable, and the
enemy of bloodshed or violence.
The Hon. Cornelius O'Callaghan sworn and examined
—I am a deputy-lieutenant of this county. I was a
Member of Parliament at the same time with Mr.
O'Brien. I have known him for five years, and I believe
him to be attached to the Queen and constitution.
William Maunsell, Esq., M.P., examined—l am the
colleague of Mr. O'Brien, whom I have known since I
was a child. Constantly heard him express himself in
favour of social order, and against anarchy.
To the ATTORNEY-GENERAL Never heard Mr.
O'Brien speak on the questions of moral and physical
force.

The handwriting of Mr. Redington, under-secretary,
having been proved to certain documents,
Mr. FITZGERALD proposed to call Major-General
Napier, with reference to the history of the " Reform"
agitation in England.
Counsel for the Crown objected to the evidence.
The several documents given in evidence on the part of
the prisoner were then put in and read by Sir Colman
O'Loghlen.
Major-General William Napier was then examined by
Sir COLMAN OTOGTILEN—Iie was the author of the "His-
tory of the Peninsular War." He recollected the sgi-
Winn going on in England in 1831 on the Reform Bill.
He had heard of the Birmingham Political Union, but
was not a member of it, neither was he a member of the
London Political Union, and he did not know that body
was divided into sections. He never was present at any
of their meetings. He remembered when the Ministry
were beaten in the House of Lords on the Reform Bill.
He received many letters at that time. He knew Mr.
Thomas Young, the private secretary of Lord Mel-
bourne, then in the Home. office. He was once intro-
duc,.d to Mr. Parkes, of Birmingham, for about two
ininute. Did not know if Mr. Parkes was a member of
the Birmingham Political Union. Witness had two
letters from Mr. Young now in his pocket. lie had been