The Sun.
London, England, 1848-10-02 00:00:00

sible, and that in a charge of high treason the history
of a man's life, or an account of proceedings not con-
nected with the indictment, should not be given.
The ATTORNEY-GENERAL opposed the application.
If a man committed murder, any statement previously
made of his intention would be evidence against him.
So, in like manner, the speeches of Mr. O'Brien,
showing his ultimate intentions to levy war against
her Majesty, were, he contended, proper evidence to
be adduced against him on the present occasion. So
it was held in Watson's case.
The Count decided that it was receivable, not as
evidence of an overt act, but of the intention of the
prisoner.
Mr. Hodges then proceeded to read a speech Mr.
O'Brien made on the 15th of March, 1848, on the
occasion of moving an address to the French nation ;
and another on the 15th of April. His doing so oc-
cupied some time.
General Macdonald deposed that he was in com-
mand of the troops at Thurles when Mr. O'Brien
was arrested, and remembered seeing him in the
Bridewell. He did not demand anything from him,
but one of the magistrates did so. He saw Mr.
O'Brien give up some papers, a key, and other articles.
He declined, when arrested, to give up his papers, but
when he found who he (General Macdonald) was, he
gave them up. As soon as he got the articles, he
locked them in a dispatch-box, and forwarded thetn to
the Under-Secretary of State. He marked all that
he could mark among the documents, and made an
inventory of them at the time. The papers now pro.
duced were found at the time. The number of arti-
cles and papers altogether were seven papers five keys,
and a ring, some postage stamps, and various things,
making up nineteen in all.
Cross-examined by Mr. FITZGERALD—There was
a great number of troops in Thurles at the time. The
money found in Mr. O'Brien's posseasion amounted
to 10/. 16s. 2d. •
The evidence of this witness, a fine old soldier,
having concluded, the Court adjourned, and the jury
were sent to an hotel for the night. The trial of Mr.
O'Brien will not terminate before Monday or Wed-
nesday next.
Dustisf, Snr'r. al.—With respect to the fatal
portmanteau of Mr. Smith O'Brien, a Cashel corrds-
pondent of the Tipperary Vindicator writes :
"There is no doubt that a portmanteau was left
Mr. O'Brien with Mrs. Doheny, there not being mo'
for it on a car in which he travelled when leaving this
for one of the neighbouring towns. That portman-
teau, with the furiifture, &c., of Mr. Doheny 's house,
was removed to some place in the town at the time
that Mrs. Doheny left her residence for some days.
The removal was effected in consequence of an im-
pression having prevailed that all Mr. Doheity's effects
should be seized by Government. On the night of
his arreat in Thurles Mr. Smith O'Brien wrote two
letters. One of these was to Mrs. O'Brien, to whom
-v$
he has ever been a roost devoted and affectionate hus-
hand ; the other was to Mrs. Doheny, and it referred
to the portmanteau. It was handed to her open by a
policeman, and was as follows, as I have seen the ori-
ginal :
"Thurles, August 5, 1848.
" Dear Mrs. Doheny,—l have been taken prisoner
at Thurles whilst attempting to get home by the rail.
way. Under these circumstances I shall feel much
obliged if you will allow the bearer to:bring away the
portmanteau which I left at your house.
" Please to let Mr.-Doheny know that my reason
for taking the chances of the railway arose from the
panic which prevailed everywhere amongst those who
sheltered me, which made me reluctant to place per-
sons in peril who were so little prepared to encounter
danger.
"Believe me, dear Mrs. Doheny, your 4 sincerely,
," WILLIAM S. O'BRIEN."
The arrest of three American " sympathizers" is
thus announced by the Carlow Sentinel:—
" On the 23d instant Mr. Anderson, Sub-Inspector,
arrested in the town of Borris in this county, three
men, who had lately arrived from America to &lie
a leading part in the -rebellion. Their names are
Alexander Morrison, James Thornburg, and John
M'Keague. On the day of their arrest they ar-
rived from Waterford; and fortunately are deprived
of the opportunity of an attempt to ' fraternise'
with the population of this peaceable county by the
prompt discovery of their treasonable practices.-Mor-
rison and his colleagues are military men, who were
engaged in the late Mexican war, and so far from
concealing their rebellious designs, they acknowledged
they came to levy war against the Sovereign—ex-
ulted in their feelings of hostility to her Majesty's
Crown and Government—and expressed their disap-
pointment in not being afforded an opportunity of
engaging with her Majesty's troops, with all the cool-
ness of men acquainted with military strategy I They
are natives of Ulster, who had emigrated to America
some years since. After their capture they were
brought before Mr. C. H. Tuckey, R.M., on the fol-
lowing day, who committed them for trial at the
Carlow Assizes. The promptitude and activity of the
sub-inspector, in the arrest of these rebel incendiaries,
deserve public approval ; and we have no doubt that
the American heroes' who are visiting our shores in
search of rebellion will meet with a similar reception
in other counties."

CENTRAL CRIMINAL COURT.
OLD COURT.
TRIAL OF CUFFEY, LACY, AND FAY.

Mr. Baron Platt and Mr. Justice Williams took their
seats on the bench at ten o'clock.

Mr. Baron t'LATT then proceeded to sum up the evi-
dence and to direct the jury. When an Act of the Legis-
lature changed the name of a crime in the nature of its
punishment, it was their duty to see that it was carried
out wisely and properly, and to bring to the considera-
tion of the entire case minds wholly unbiassed by any
prejudice. If they believed from the evidence that the
prisoners intended to subvert the constitution as by law
established, they must fiad them guilty of the heinous
offence imputed to them. The Learned Baron then
read the evidence adduced during the trial,'
commenting upon portions as he went along.
The task occupied, as may be imagined, a
considerable time. With respect to the part played by
Powell, he said it was not unlikely that he was a silent
member of the conspiracy; he took upon himself a task,
to sustain which, it was obvious, that he was obliged to
act as a member, both in word and deed, in order to
blind the other members. Their own experience in life
must tell them that this was the course which a man
would naturally adopt under such circumstances. He
did not ask them to look at that person's evidence with-
out distrust; but if his story was corroborated by other
and independent testimony, so us to leave no doubt that
it was not only probable, but strictly true, it would be_
come their painful province to find the prisoners guilty.
He did not think the Government to blame for availing
themselves of his testimony, and he did not think the
prisoners could complain of it. It did not follow because
a person was in the habit of. lying among his shopmates
that his testimony was unworthy of belief when given on
oath in a court of justice—the more especially since he
had no object to gain by coming there to deceive them.
This led him to call the attention of the jury to the way
in which one of the witnesses—one of Powell's shop-
mates7--gave his testimony. He gave his evidence with
much flippancy, and repeated the blasphemous expres-
sions said to be used by Powell with a smiling face,
whereas no person of well _regulated mind could repeat
suchlitnprecations except with a feeling of shame and
disgust. The Learned Baron concluded reading the evi-
dence at half-past three. There was one
portion of the evi
demi upon which he had not heard any discredit thrown.
He meant the evidence showing that the streets at the
propOsed meeting places and the coffee-houses were
crowded on the evening •df the 10th. If they
had any reasonable doubt, of course they would give the
benet of it to the prisoners; but, on the other hand, if
they thought them guilty, he was satisfied they would
not hesitate to discharge that duty—a • duty important
alike ro themselves.and to their ppuntry. The Learned
Judge concluded his address at a few minutes to four.
Mr, ICENNALY, in the course ..Of tho summing up, the
ury having retired for the pu'r'pose of taking some re-
freshment, applied to the Court to reserve the points he
had raised in the course of Dowling's trial, upon the
subject of tho challenge of the jury, and the inadmissi-
bility Of a portion of the evidence. Ile founded his ap-
plication .upon the recent statute' for the more. effectual
Administration of the Criminal Law. •
Baron PLATT said he really did not see how the Court
could entertain such an application, made by a Learned
Counsel two or three days after trial before another
Learned Jude.
Mr. KI:NEALT said he apprehended this was the very
object for which the Act was passed, and it expressly
used the words " after trial." •
Baron PLITT-did not think the Act intended that
such an application should be made to auother
Judge
who knew nothing of .the case.
Lie understood that
Mr. Justice Erle had heard the points argued, and over-
ruled them.
Mr. li-nzinaLT--Am I to _understand your Lordship
refuses my application ?
Baron PLATT—Certainly.; • '
Before the jury retired Cuffey addressed the Court,
and said, " My Lord, it has been said in the course of
the case that my son Was pruSent when Tilden came to
my house, and that he ought to'have been called—now I
beg to say I never had a son, and therefore I could riot
call him."
The jury retired at five minutes to four o'clock, and
at five minutes to five they again came into court, and
the prisoners, Cuffey, Lacy, and_ Fey, were placed at
the bar.
The names of the jury having been called over, and
Mr. Streight having inquired if they had agreed upon
their verdict, the foreman gave a verdict of Guilty
against all the prisoners upon the whole charge.
The prisoners did not appear at all surprised at the
verdict, and did not manifest the least emotion.
Baron PLATT then ordered Dowling, who was con-
victed on Monday, to be sent for, and ho was placed by
the side of the other prisoners.
Cuffey said he wished to have his property restored,
he meant the banner. It did not belong to him, but he
wished it to be given to the
_person whose property it
was. .
Baron PLATT told the prisoner_thatT his conviction had
divested him of all property. He therefore could not
make any clairn..eo the-banner, butle had no doubt if it
belonged to any other person, it would he given up.
Cuffey next applied to have his letters delivered up,
as he said they might be useful to his wife.