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

IRELAND.

FATE OF THE STATE PRISONERS.

DUBLIN, OCT. 3.—The Dublin Evening Herald of
last night has the following :—" An opinion appears
very generally to have pervaded the public mind, that
in the event of a conviction of Mr. O'Brien and his
associates, the extreme penalty of the law would not
be carried out. This is a moment at which it would
be obviously indecent and improper to canvass the
propriety or policy of such a course—this much, how-
ever, we may state, that we have the strongest reason
for believing that it is the determination of the Go-
vernment, in case of conviction at the special commis-
sion, in every instance, certainly in the case of the
more prominent leaders, to permit the law to take its
course. The immediate relatives of Mr. Smith
O'Brien, as well as the unfortunate gentleman him-
self, were under a contrary impression ; and we have
been informed upon good authority, that within the
last few days an intimation was conveyed to some of
his near relatives, upon unquestionable, though not
official authority, that in the event of a conviction,
they must be prepared for the execution of the extreme
sentence of the law. It is, however, very possible
that this resolution may be modified by the point that
has been raised by Mr. O'Brien's counsel."
LIBERATION OF POLITICAL PRISONERS.

On Saturday Judge Perrin sat in Chamber in
order to hear applications for bail (which was ten-
dered) for certain prisoners, who were confined in
Newgate and other gaols, under the suspension of
the Habeas Corpus Act.
His Lordship made a rule similar to that made a
few days since, namely, the security of the parties
themselves in 501., and two sureties in 251. each. The
following persons were admitted to bail under the
above terms :—Thomas Bergin, Stewart Wright,
Thomas AVG-rade, and Thomas Crotty.
Mr. Meyler's removal from Belfast to Newgate has
taken place in consequence of his presence being re-
quired as a witness in a civil case, which is to come
on for hearing before the Recorder at the present
sessions.

There is no intelligence of any interest in the Dub-
lin or provincial papers this morning.

THE STATE TRIALS.

CLONME4I, OCT. 2.—The Court sat this morning,
at nine o'clock, when this important trial was pro-
ceeded with. It was crowded, as on Saturday and
the previous day, by those who could procure earth
from the High Sheriff, and the galleries by members
of the grand jury, and ladies connected with the most
respectable families in the county. One of the most
remarkable features in this trial is the self-sacrificing
devotion with which Mr. Whiteside identifies himself
with his client, differing, as he does, with him in al-
most every subject save that of religion. A sound
lawyer, and possessed of eloquence of the highest
order, he is inflammable as gunpowder, and whenever
the smallest departure from the law of evidence is
pursued by the Crown, he denounces it in the
strongest terms. Always biting and sarcastic
at the Bench, at the law-officers of the
Crown, jurors, witnesses and all. He has had on
more than one occasion to be reprimanded by the stern
and inflexible Chief Justice of the Queen's Bench.
His brother chief performs the same duty with
that comic humour for which he was always remark-
able; but he knows nothing of humour, at least in
the discharge of his high functions. He was while
at the bar, and as Attorney- General, an able lawyer
and a public prosecutor, whose equal perhaps in legal
attainments, except Lord Plunket, never filled that
high office ; and he is on the bench the same grave,
determined functionary, whose countenance is never
lit up by a smile, and who is utterly averse to any-
thing bordering on levity in a court of justice. Those
who knew the Chief Justice of Ireland and the mer-
curial disposition of Mr. Whiteside were not slow
in coming to a conclusion, that before Mr. O'Brien's
trial terminated many reprimands would be given
on one side, and haughty indignant remonstrances
made at the other ; and so it has happened. From
the opening of the proceedings on Thursday last
there has been a conitant running fire kept up ;
the Learned Chief complaining of Mr. White-
side's irregular interruptions of the evidence by
frivolous objections to many portions of it, and the
other asserting not only his right to do so, but the
validity of those arguments which he from time to
time put forward. Nor has he been slow in insinuat-
ing that if they had been used by the counsel for the
Crown probably a little more attention would be paid
to them. An instance of this was his directions, in a
voice loud enough to be heard, to Sir Colman
O'Loghlen, on Saturday, to take a note of the cross-
examination of Dobbyn, the approver, because he said
the judges were not taking a word of it, and which
brought Mr. O'Brien himself in contact with the un-
bending Chief Justice. There can be no doubt that
if eloquence, legal skill, and ingenuity, can save Mr.
O'Brien from the crushing case the Crown has
agtainst him, Mr. Whiteside will do so. The law
officers of the Crown, and particularly Mr. Monaghan,
the Attorney-General, have displayed great learning
and tact in their management of the case up to this,
at all events; and:we believe the successful issue of it,
if successful it be, will place them high in the esti-
mation of the Cabinet. _

One of the most singular things which occurred in
this day's proceedings was the committal of one
witness, a most respectable: man, not for refusing to
give evideace,lbut to be sworn, and the extraordinary
manner in which several others, residing in Ballin-
gary, attempted to identify the unfortunate gentleman
at the bar. The \dock is placed within three feet of the
witness-table, and yet, when asked to identify him,
it was most ludicrous and laughable to see how they
acted. Two of them looked up to the Grand Jury
Gallery, which was placed behind them, then to the
opposite one, then to the ceiling of the court, then
to the reporters, and, in short, everywhere but to the
dock. Considerable merriment was created by this
curious process of identifying an individual.
It will be remembered that the exertions used by
Mr. Whiteside in the state trial of 1443 were, it was
said, the principal cause of his getting into bad
health, and his subsequently being compelled to pass
two years in the genial climate of Italy, until it was
completely restored. This anxiety in the present
case, and similar exertions in defence of Mr. O'Brien,
will not, it is hoped, produce a like result. Ever since
the commencement of the trial, in addition to the
exertions in Court, he is employed incessantly in his
lodgings either repeating his intended speech at the
opening of the defence, or in consultation with his
colleagues.
Up to this hour (six o'clock) fifty witnesses have
been examined, and, from the number still remaining,
it is hardly possible the case will be over before Thurs-
day next. In addition to those of the Crown already
remaining we shall have a day for Mr. Whiteside 's
speech, and then a number of persons examined on
the part of Mr. O'Brian.
The first witness examined was Charles Vernon,
who deposed that he was a register of newspapers, at
the Stamp-office, and knew Mr. Duffy's handwriting.
A letter handed to him (written to Mr. O'Brien) was
written by that gentleman.
Timothy O'Sullivan examined—He recollected
seeing Mr. O'Brien in the town of Mullinahone on
Tuesday, the 25th July, between the hours of twelve
and one o'clock. He was accompanied by another
gentleman, whose name was Dillon, and about one
hundred and fifty persons connected with the club in
the town. After some time he went to the house of
Mr. Kickham, a shopkeeper, but did not go in, and
then proceeded to that of Mr. Wright. Mr. O'Brien
introduced himself to the Rev. Mr. Cahill, the Catho-
lic clergyman, who said to him in reply that he had
heard of his proceedings, and did not approve of
them. This occurred at Mr. Kickham's house. Mr.
O'Brien then went to Wright's house, where he re-
mained about an hour. After he came out he
was surrounded by about 250 persons, and having
got on a wall, addressed them. "N ow (he said)
was the time to seek for their rights—that the
Government was near a change—that there
was a warrant against himself, but he hoped the ,
people would not let him be arrested, or if he was
arrested they wouldn't let him go. That Irishmen
could hold their own places instead of Englishmen.
A gentleman named Dillon next spoke, in Mr.
O'Brien's presence, something to the same effect, but
he did not recollect what it was. He went into
Wright's a second time, where he stopped for about
an hour and a half, and again came out, after which
he marched through the town, followed by about 200
persons, walking two deep, and returned again to
Mr. Wright's. After dusk he left Wright's; a third
time, followed by hundreds of persons, the crowd
having greatly increased since the afternoon, and told
them all to get their arms until he saw the strength
of them. The witness saw a large pistol in Mr.
O'Brien's pocket at the left side, which he exposed.
The people were armed with all sorts of weapons,
guns, pikes, old swords, pitchforks, and so on. There
were a great many people with them unarmed.
To Chief Justice DOIIERTI—The people had no
arms antil after dusk.

g4Examination resumed—They marched through
several streets in sections and then met the main body
at Wright's, where they halted. About 800 or 400
marched, and the main body was composed of G,OOO
or 6,000 persons. Both the main body and the 'OOO
party
that marched were armed. The unarmed and armed
marched first together, but afterwards separated in
consequence of Mr. 0, Brien's telling them that no
one should fall into the ranks but those who had
arms ; that was when they met at Wright's, and ac-
cordingly the witness saw some fall off. They re-
=mined in the town the most of the night, in the
street in which Wright's house was, and other parts
of the town. There were armed people around
Wright's house, where Mr. O'Brien slept, and he
heard him telling the people that they,should remain
the most of the night to guard himself. The witness
saw Mr. O'Brien about seven or eight o'clock on the
Wednesday morning.
To a juror—The reason he gave for the people