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

not signify. The fact you are to look at is this—that an
armed body arrayed in great multitudes made an
attack on the forces of the Queen, compelled them
to take refuge in a house, and then in their own
defence, and in defence of the property of the Queen,
to fire shots, by which human life was sacrificed.
With respect to the worth " Slash away, boys, and
slaughter them all," said to have been used by him, I
think it right to state, I believe those words were not
uttered by him but by some body else. But that does
not make any difference as to the criminality of the
language. They were all one party, engaged in one il.
legal act, and the command given by one of that party is
as much the act of the other as if it had been pronounced
by his tongue. And it is further highly immaterial to
consider whether the people fired with or without that
command. They were all there for an illegal purpose,
and every one of the party was responsible for the acts
of the other. The Learned Judge having noticed the
evidence of Carroll, and of another witness, Cox, conti-
nued thus :—And now, gentlemen, I have laid before
you the entire of the evidence with respect to this unfor•
tunate transaction. In the first place, general evidence
with respect to the attachment to the Crown and as to
the constitutional principles of Mr. O'Brien was ad-
duced, and on this general evidence there can be no
manner of doubt. It appears to me that early in March
last Mr. O'Brien had undergone unfortunately some
change in his political views, and that then ideas sug-
gested themselves to his mind which he had not enter-
tained before; but whatever may be the value of the
testimony to his character, God forbid that I
should deprive him of it. The other evidence on
his part, which I have read carefully through,
relates to the rules of the Confederation and of
the Irish League. Those rules appear to me to
be perfectly legal. I cannot discover anything in them
to attach to the Confederation the idea of criminality or
suspicion, or anything, in short, if strictly observed, re-
pugnant to any principle of the law, or open to any alle-
gation. With respect to the rules of the League, which
was formed, as it appears, of the members of the two
(
bodies—the Confederation and Conciliation-hall—they
are obnoxious to no observation whatever. But the
question is, whether those rules were observed by him,
or whether a course of conduct at variance with them
was adopted by him when a member of those b ,dies, and
professing to act in accordance with their rules. In the
speech of the 19th of July—a remarkable speech on a
remarkable occasion—Mr. O'Brien distinctly preserves
to himself the right, uncontrolled by any engagement
with respect to those bodies, to pursue his course through
the medium of the clubs to the object he then contem-
plated. And now, gentlemen, I commit this case to your
serious consideration. A high duty you have to dis-
charge—a most laborious duty it certainly is—a painful
duty it must.be, if you should take an unfavourable view
of the evidence before you. I shall rejoice if seriously,
soberly, and conscientiously, you can come to the con-
clusion that the prisoner is not guilty of the charges al-
leged against him by the Crown; but if, on the other
hand, seriously, soberly, and conscientiously you think
him guilty of these charges, there is no consideration
that can justify any human being in that box in doing
otherwise than that which the obligation of his oath de
mands.

Before the retirement of the jury, several questions
were asked by the jury, to which the CHIEF JUSTICE
replied in effect—According to Mr. O'Brien's defence,
the object he had in view was his personal security.
If that were his object, and his only object, there is no
reason to say that he might not have made his escape.
But he never attempted to escape. If the sole exclusive
object of Mr. O'Brien were to escape arrest—if there
were no general purpose involving that particu'ar pur-
pose of his mind, then, no matter what acts he might have
committed, you are bound to acquit him of high treason;
but if, on the contrary, you think he bad, in addition to
his personal object, a general purpose, such as effecting
a revolution, a repeal of the union, or any other general
object of a political character, and that his acts were
committed in furtherance of that object, you must find
him guilty of high treason.
A Juror—l wish to know if the attack of Mr.
O'Brien on the police were made to resist arrest, and
that he did not wish to escape, would that be high
treason.

The LORD CHIEF JUSTICE —The resistance to the
police, by force or violence, no matter how great, if car-
ried out in furtherance of the only object, personal
security, would not be high treason, but if for the pur-
pose of effecting the general object laid in the indict-
ment, it would be high treason.
A juror—The principal expression all through the
evidence, as used by Mr. O'Brien, is " protect me—pro-
tect me from arrest."

The LORD CHIEF JUSTICE—If you bclieve that to
have been his sole object you must acquit him, as I told
you before.

The Judges having been absent a quarter of an hour, re-
turned, and at the same time the jury made their appear-
ance in the box. The most profound silence prevailed.
Every face indicated the anxiety with which the result
was looked for, but the jury had merely come back to
ask a question—Were they to find separately on each
count, or were they to return a verdict on all five ?
The LORD CHIEF JUSTICE—You may return a ge-
neral verdict of guilty, or not guilty, on all the five
counts. The sixth is withdrawn, therefore upon it you
will return a verdict of not guilty.
The jury withdrew to their room.
About half-past five o'clock the Judges again returned
to the court, and took their seats on the bench, when
the jury entered, and the Clerk of the Crown called
over the roll, each man answering to his name.
Clerk of the Crown—How say you, gentlemen of
the jury, on the first count, guilty, or not guilty ?
The Foreman—Guilty.
The word caused a perceptible sensation in every
corner of the court. Mr. O'Brien slightly nodded his
head to the jury.
The same general verdict was returned on the other
counts, except the sixth, which had been withdrawn.
The Foreman said, in tones which were nearly inau-
dible, •' My Lord, there is a recommendation from the
jury. I really cannot read it, my Lord. Mr. Pedder,
can't You read the rest?"
___.

The Clerk of the Crown then read from the paper
what follows:—" We earnestly recommend the prisoner
to the merciful consideration of the Government, the
jury being unanimously of opinion that, for many rea-
sons, his life should be spared. For self ani fellows,
Richard M. S. Manseragh, Foreman."
The Clerk of the Crown then resumed his seat, and
for about five minutes an unbroken silence prevailed,
the eyes of all being fixed on the calm, self-possessed
countenance of the prisoner. At length,
Mr. Justice BLACKEURNE said, in a low voice, " Ad-
journ the court until ten o'clock on Monday morning."
The prison van which contained Mr. O'Brien was
guarded by a strong body of police, but there did not
seem much necessity for their attendance. About sixty
poor persons were assembled round the court, half of
whom were women, and bat few of those assembled fol-
lowed the van to the gaol. The greatest silence pre-
vailed in the streets. The town and neighbourhood are
quiet.

MELANCHOLY ACCIDENT IN THE

PRESENCE OF HER MAJESTY.
PORTSMOUTH, MONDAY.—A most unfortunate catas-
trophe, which caused her Majesty and the Court very
distressing apprehension, occurred this afternoon at
Spithead. A wherry, containing two watermen and five
women, put off from Gosport, notwithstanding a whole
gale of wind was blowing and the danger-flag flying on
the Market-house, to board the Grampus, on board
which ship it is supposed they had friends. When off
tho buoy up the Spit, abreast of Southsea Castle, in
" going about" to " fetch" the ship, the women suddenly
shifted their berth in the boat, and the squall taking her
she upset and all hands were plunged into the water, the
sea running very high at the time. How long they re-
mained in the water is at present unknown ; but their
situation was first discovered as the Gipsy cutter, be-
longing to the Custom-house (which had been out to put
a watch party on board the Grampus), was on her return
into harbour, when Mr. Thomas Whitty, the tide-
surveyor, in command of the cutter, observed what
he thought to be something alive making signals of
distress upon the water. Upun a general direction
of attention to the object, it was discovered to be
a man waving his hands for help. The cutter bore down
upon him, and, when near, Mr. Whitty abandoned the
helm, plunged into the boat towing astern, and with
two smart hands—Thomas Hill (son of
r. H. Hill,
tide-surveyor of this port) and Geo. Minn, an " extra"
officer, cut away the painter and proceeded to the rescue
in less time than it has taken us to describe the action.
They neared the poor man, whom they found upon the
bottom of the wreck of his boat in a state of exhaustion,
and put him on board the. Fire. Queen steam-yacht,
which followed the Fairy from Cowes, where he received
the most praiseworthy attention from Master Com-
mander Allen and his crew. Whilst this, or before this
was accomplished, the Fairy drew near the Spit, when
his Royal Highness the Prince Consort descried some
bodies floating on the water on the starboard side of the
yacht at some distance from the spot where the man
was picked up uff the sunken boat ; the Fairy's large
boat was immediately lowered by his Royal Highness's
order, and a crew jumped into her and pulled " with a
will " towards the spot where the bodies had been pointed
out by the Prince. They dragged the bodies of three
women into their boat, which were all they could see, and
hailed for the Gipsy to take them in tow (the Fairy
being furthest off), which she did, and put the sufferers
ashore at the Quebec Hotel, whence they were carried
by the boat's crew to the Isle of Wight Tavern. The
most prompt assistance was furnished by Mr. and Mrs.
Aldred, the host and hostess, and several medical gen-
tlemen, were instantly sent for, whose skill was tested to
the utmost, but we regret to say without success. One
only of the bodies showed any signs of life at the time
this account left. The other two were dead. The name
of the man put on board the Fire Queen is Lock. His
partner's name was Laishley, who sunk immediately the
boat capsized ' • together with the two,WOmen lost, mak-
ing a total of five dead.

No lineage- can convey an adequate idea of the
spirit evinced by Mr. Whitty in his noble efforts to save
his fellow-creature, in which he so happily succeeded, in
the presence of her Majesty, who signified her approba-
tion of the act by waving her hand to the gallant officer.
This is the sixth life Mr. Whitty has saved, but we re-
gret-to state be is hurt in the arm and head in the at-
tempt, though not materially. her Majesty, after la*