The Sun.
London, England, 1848-08-10 00:00:00

who compass or intend them. You will consider whether
the party charged before you inculcated such proceedings, or
advised such movements, or whether there is disclosed in the
publication an intention to effect such a state of things as
would amount to an insurrection of persons applying them-
selves by force to compel the Queen by constraint to alter her
measures. Such an insurrectian, although not conducted at
first with all the circumstance and parade of military array,
would amount as much to the levying of war as if the parties
were embattled in military array against the forces of the
Sovereign. lam informed that some charges are to be pre-
ferred against certain persons for the publication of seditious
libels, and after what I have already said with respect to the
offences provided. against by the Crown and Government
Security Act, itis not necessary for me to enter into an ex-
planation of the law of sedition. The charges to which I re-
fer are likely to apply to publications only, and every man is
entitled, byl written publications, as well as by oral dis-
course, to bring others to agree in the opinions which he may
conscientiously entertain, and, upon public matters, the ex-
pressions he uses are not to be too nicely weighed, particu-
larly if thus he appeals to reason, or endeavours to effect by
persuasion and argument the establishment of his views.
But a publication, the direct tendency of which is to excite
disaffection and resistant;; to the laws and to the lawful
authority of the Sovereign who reigns over this empire—a
resistance to those who are interested in the protection of
lawful order—a publication having a tendency to a violation
of law, and a resistance to lawful authority, and which might
induce others by force of arms to effect that resistance—is
unquestionably a seditious libel, and might amount to the
grievous crime of high treason, to which I have already re-
terred. It is unnecessary for me to say more on this ques-
tion at present, but should you at a later stage of your pro-
ceedings require any information from the Court on this, or
any other subject, both myself and my learned brother will
be ready to afford it to you. There is another subject, with
respect to the nature of the business you will have to dis-
charge, to which I think it necessary to direct your attention.
Early in the present session of Parliament an Act for the
Prevention of Crime and Outrage in Ireland was passed, by
which the Lord-Lieutenant was empowered to issue pro-
clamations against disturbed districts, and to call upon all
persons not lawfully authorised to keep arms in their pos-
session to surrender same to the proper authorities authorised
to receive them, under certain penalties. Some indictments
may be sent up to you under the provisions of that Act
within the jurisdiction of the city of Dublin, the 14ord-
Lieutenant having found it necessary to proclaim both the
county and the city, and some persons stand charged with
having retained arms in their possession after having been
called upon to give them up.—(liere the Learned Chief
Baron read extracts from the Act for the Prevention of
Crime and Outrage he Ireland, and commented upon and
explained its provisions as he proceeded, and continued)-1
do not feel that I would be fully discharging my duty if I did
not call the attention of yourselves and of all others to the
obligation which devolves on every loyal subject, and to
which every loyal subject is summoned by an Act to which I
shall call your attention. By a very recent statute, passed
upon the 25th of July, in the present year, it is recited
that, " as a treasonable and rebellious spirit now unfor-
tunately exists," most extensive power is given to the
Executive and Lord-Lieutenant to arrest such persons
as may reasonably be considered guilty of being en-
gaged in such traitorous and treasonable designs as
are alluded to by the Act. That is a power conferred on
the Government for the safety and security of the whole
community. It is a power conferred on the Government fur
the safety, not only of those who would most sutler from a
public convulsion, by becoming the objects of assaults, which
would necessarily arise under such circumstances as this
statute points to, but, I think I may also say, for the pre-
servation of those unfortunate individuals themselves who
may be misled, if early efforts are not made to resist the
progress of such designs. I think I may call your attention,
and the attention of others to the duty which devolves on
every man, to disclose and make known to those in autho-
rity the existence of any such designs which may, by chance
or otherwise, come to his knowledge. It is right to remind
those who have taken the oath of allegiance, that by the
express terms of that obligation, they are bound thus—" I
will do my utmost endeavour to disclose and make known to
her Majesty or her advisers all treasonable and traitorous
conspiracies which shall be formed against her or them."
The discharge of that obligation, Gentlemen, will be but the
discharge of a duty due to every member of a society that is
threatened by the progress of any such designs ; and I
trust that
no one who has reflected either on the obligations
which society imposes, or on the express obligation of that
oath, will hesitate at once, should the fact come to his
knowledge, to disclose the existence of any such designs, as
those to which I have alluded. Gentlemen, I trust, by the
uniform application of the laws, administered in that mercy
which is only part of justice—by the co-operation of all
members of the community, who love and value social
order —by the co-operation of all classes of society, not
merely those possessed of wealth and occupying rank and
station, who would inevitably be the first to • suffer in a
popular convulsion, but by the co-operation of the middle
classes of society, who depend for all on the maintenance
of tranquillity, and by those who. in their different walks of
life cannot sustain the position they hold in society
without the maintenance of that tranquillity and peace
by which all the intercourse of society is sustained
-without which trade must perish—without which
the fruits of agriculture cannot be
.held or sold in se-
curity—without which it is, in truth, impossible that they
can maintain themselves in the position they ought to be
ambitious to enjoy. I trust, Gentlemen, by the co-opera-
tion of all classes, we may be saved from those mischiefs
which appear to be apprehended by the statute which I have
just read to you. That such may speedily be the result, I
do most earnestly hope. It needs the co-operation of all,
and I trust it will have the co-operation of all, to secure
that result.

The jury retired.
Joseph Martin, who was charged with carrying a banner
at the Confederate meeting at Donnybrook, and stood out on
bail to stand his trial at this commission, did not appear when
called on, and it was ordered that his recognizances should
be estreated, and that a Bench warrant should issue for his
apprelien,:ioe.
At half-past three o'clock the jury returned into Court.
Foreman—We have found true bills against Charles Ga-
vin Duffy.
In a few minutes Mr. Duffy was placed at the bar. The
prisoner evinced the utmost unconcern, and with unmoved
countenance heard the indictment read against him by the
officer of the Court. By that indictment he is charged with
compassing, imagining, and devising the deposition of her
Majesty the Queen, from the style, honour, and royal name
of the imperial crown of the United Kingdom ; and with
feloniously publishing to effect that object various articles in
the Nation newspaper, entitled, "The business of to-day,"
" The uses of Union," " Ireland's capacity to obtain her Ls
dependence," ‘' The Month's Delay," "The Value of an ItiA
Harvest," " The use and capacity of a Rifle," .‘ How to break
clown a bridge," "Mr. Meagher and the Clubs," "The point
of Attack," &c.
Clerk of the Court—Charles Galin Duffy, are you guilty
or not ?
The prisoner, by the advice of his agent, abstained from
making any reply.
Sir COLMAN OTOGHLEN—My Lords, in the case of the
Queen v. Mitchel, it was decided that we were not entitled
to a copy of the indictment, and therefore it is not our in-
tention to apply for a copy of the indictment on this occa-
sion. It was also decided that the indictment should be read
out slowly, so as to enable us to take a copy of it. However,
to save that trouble, the Attorney-General, or those who re-
present him, might favour us with a copy. We do not ask it
as a matter of right, but as a favour.
Mr. BALDWIN, think we should follow the pre-
cedent laid down at the last trial.
Mr. COLMAN O'LOGHLEN —Then it will be necessary to
have it read out slowly three times.
Baron PENNEFATHER —This case is a peculiar one. The
overt acts are all laid on the publications in certain news-
papers. Ido not apprehend there are any other acts, and
1 de not see why it should be necessary to read out at length
those publications.
Mr. SMYLY (Crown counsel) —I understand they only re-
quire the formal parts to be read.
Sir COLMAN O'Lociiii.EN—That was the case on the former
occasion, but there are articles in the present indictmentwhich the counsel for the traverser never saw. There are
in it some of the publications which have been seized by the
Crown, and of course those articles we require to have read
at length.
Mr. BALDWIN--Arly article they require can be read out.
Baron PENNEFATHEA—There is no objection to give
a copy.
CHIEF BAHON—It will take a great deal of time to read
it out, and it will give precisely the same information that
would be communicated by a copy.
Bar.bwix—We do not feel ourselves warranted in
giving a copy in the absence of the Attorney-General.
It was finally arranged that the case should be postponed
until the next morning, for the purpose of ascertaining the
opinion of the Attorney-General.
The prisoner was then removed to Newgate.
The Court adjourned at four o'clock to ten o'clock to-
morrow morning.
It is the intention of Mr. Duffy's counsel to make an ap-
plication to morrow to postpone his trial until the next com-
mission. The ground of the application is the excitement at
present existing from recent events.

ASSIZE INTELLIGENCE.
WESTERN CIRCUIT.— Wells, Aug. 8.

CROWN COURT.—(Before Mr. JusticeCoLittinotz.)
Edward Smith was indicted for the manslaughter of Re-
becca Gill, at Bath.
Mr. Stone conducted the prosecution. Mr. Slade, at the
request of the Learned Judge, defended the prisoner.
It appeared from the evidence, that on Saturday evening.
the Bth of July, the deceased, who was a girl of the town, was
in company with another girl earned Lewis, in Pierpoint-
street, Bath, which is near the railway station. This was
at about twelve o'clock. At this time Smith and several
other men passed. The deceased said to Lewis, " What do
all these men do passing ?" Upon which Smith said to the
deceased, " What do you mean by insulting me ?" The de-
ceased said she did not mean to insult him, and if ho did not
insult her she would not insult him. Some further remarks
were made on both sides, when the deceased and the girl
Lewis passed on, but were overtaken by Smith, who
again charged the deceased with having insulted
him. She said it was very hard she could not go
along the streets without being insulted by such a well-
known character as him. Smith said, " WLat do you mean
by that?" She said, " I mean no harm, but if the cap tits
you you may wear it." Smith said, '° It does fit me, and if
you don't mind I will knock you b-- head off." He
looked very hard at her, and then struck her a violent blow
under the left ear, which felled her to the ground.
to `fhasseist
pri-
soner then ran away, and on the girl Lewis gag
Gill, she found that e had received a severe wound on the
back of her head, and a good deal of blood flowed from it.
She was taken to the hospital, and her wound was dressed.
and she was so far recovered as to be able to walk home.
The prisoner was found Guilty, and sentenced to twelve
months' imprisonment.

HOME ClRCUl7'.—Guihtford, Aug. 9.
(Before the Loan Cum, Bano:v and a Common Jury,
BROWN v. YARDLRY.
This was an action brought by Anne Brown, to recover
from the defendant, Joshua Yardley, compensation or damages
for the loss of services of her niece, Mary Anne Brown,
by
reason of seduction by the defendant.
Sergeant Shea,r. l'rentice, and Mr. C. Pollock were
for the plaintiff; Air. M. Chambers and Mr. Sinion for the
defendant.
The Learned SEncEarrr stated the case for the plaintiff.
He said that she was a person of respectability, although in
an humble position of life, and at the time of this unfortunate
occurrence she occupied a cottage at a place called Brockhill,
in Berkshire, the family consisting of her niece, a young
woman, seven or eight and twenty years of age, who was the
unhappy subject of the present inquiry, and a nephew,
was also grown up. The plaintiff's niece assisted who
in the
household work, and also earned some money by the use of
her needle. Her conduct had been most irreproachable, and
there had never been the slightest stain upon her character.
The defendant was a member of a respectable and
wealthy family, and at the time he firstg 'Lame acquainted
with Miss Brown he was not more than nineteen years old ;
but, notwithstanding his youth, he appeared to have acted
with great wickedness, and to have exhibited all the art of a
profligate seducer. Having narrated the circumstances at-
tending the first acquaintance and the subsequent seduction