The Sun.
London, England, 1848-10-17 00:00:00

house at daybreak on the morning of the 29th of July;
he was accompanied by Mr. Meagher and Mr. Leyne.
Mr. Meagher and Mr. O'Donohoe went to bed, and
Mr. Leyne laid his head on the te3, and fell asleep.
Mr. Meagher and Mr. O'Donohoe slept in the same bed.
They got up between ten and eleven o'clock, breakfasted,
and between twelve and one o'clock went out and up to
the bill. The three gentlemen and witness sat down on
the hill. They went higher up the hill afterwards, as it
was chilly, and remained there till about three o'clock.
The hill was a good place to have a view of the sur-
rounding country; they moved up the bill a piece for
exercise, as the day was rather chilly. I saw a pistol on
the mantel-piece, but was sure they had no more arms.
Saw the pistol afterwards on the bill in Mr. O'Donohoe's
hand; he said, " Meagher, this pistol is no use." Mr.
Meagher nodded his head, and said something like,
" What difference is it? it makes no matter."
Mary Maher, servant of the last witness, confirmed his
statement.
Miss Johanna Wickham said that her father kept a
shop at Mullinahone, and that on the first evening of
O'Brien's being there the prisoner came to their house
and shpt. He went to bed at ten o'clock. Witness
remained up all night, and ;was certain he never went
out. There were men walking about in the streets, but
no marching in line, form, dress, or anything of the
kind. Witness let prisoner out in the morning through
the hall door, and he paid her as he went out for his
lodging.
Mr. BUTT, Q.C., then proceeded to address the jury
on behalf of the prisoner in a lengthy and most able
speech, said by many to be superior to that delivered
for Mr. O'Brien by Mr. Whiteside. On the part of the
prisoner, he denied that the alleged proceedings at Mul
linahone—the midnight drilling and military array—
ever took place. He utterly denied that the prisoner was
present at Farrinrory when the police were attacked; and
he submitted that the j.try could not possibly believe,
upon the evidence, that he was present on the latter (T-
-eal*. As to the ogor transactions, without admitting
ittiTlistrtitracy of' all the details substantially, he admitted
that evidence for the Crown had given, a correct account
of them. He contended that not one syllable of the
evidence of Timothy Sullivan ought to be believed,
not only because Miss Wickham bad contradicted
it, but on account of his manner being that of
a man who was from the beginning to the
end sedulously concealing the truth. Nor was that
all, he had made another deposition which had been sup-
pressed. That deposition was sent back from the Castle
because it was not full enough, and the witness being at
the time buoyed up with the hope of reward, was asked
if he could give no evidence about drilling. The evi•
dente of the man grew as the exigencies of the Crown
required it, and there was no fact required to support
the indictment which his memory would not furnish. By
law every person on his trial was entitled to a copy of
the information sworn by the Crown witnesses. Here
Mr. Despard had taken an information, but does not re-
turn it to the party to whom he was bound to return it,
the clerk of the Crown, but sends it to Dublin Castle.
He received an acknoehedgment for it, and, if he be-
lieved Mr. Redington, it is sent to the Crown Solicitor,
but it had never been heard of since. He imputed
nothing to the gentlemen who so ably conducted the pro-
secution for the Crown, but still he must say that this
transaction ought to be explained, for it threw a suspi-
cion upon the administration of the law which entitled
him to assert that his client had not had fair play on this
solemn trial for life. Mr. Kemmis had been produced,
but he had told them nothing ; of the other persons who
could explain this matter—Mr. Dunne, Mr. Brownrigg,
and Mr. Despard—not one of them was brought for-
ward. If they had, it was not unreasonable to suppose
that they might have disclosed matters which would
have thrown discredit upon the witnesses. He
cautioned them generally against the evidence for
the prosecution, for in a country where the people
were so poverty-stricken and so demoralised, when
the Crown bid for evidence it was sure to get
it. He next impeached the evidence of Moran and
Carroll, the policemen, the greater part of which wee,
flatly contradicted by the manly and straightforward
evidence of Hanrahan, whom he had put upon the table
with great reluctance, as he would be subject to an in•
dictment for harbouring proclaimed persons. Admit-
ting other portions of the evidence to be true, the jury
would then have to say whether the acts with which they
believed the prisoner to have been connected amounted
to the crime charged in the indictment. It was a mixed
question of fact and law; and the facts being proved, if
was the business of the jury to apply them to the law.
This was not a general charge of treason; the law would
not allow any man's life to be imperilled on such a vague
charge, and it was a rule of law that every man should
be put upon trial for his life on an express and definite
charge. If, therefore, they had a general notion that the
prisoner was guilty of treason, and they found hill
guilty on that notion, he would not have been tried ac
cording to law. If, then, they could not conscientious])
say that the prisoner was guilty of the positive, specific,
and precise charge—no matter how culpable they might
otherwise consider him—they must return a verdict of
acquittal. They could not try this case as they would
one of compassing the death of the Sovereign.
but must find a verdict of acquittal, unless
they hail it on evide•nco that there was an actual
levying of war. And this levying of war must have
been an actual insurrection pith open force, to effect
not any particular purpose, but to effect a general
change in the law and constitution—to, in the words of
the indictment, subvert the Government of this realm.
Nothing could be more dangerous than to find a verdict
of guilty against a man on such general grounds as are
here put forward by the Crown. Sir Edward Coke, in
referring to the same statute, said it was well and trul)
called a blessed statute—a merciful declaration that
there might be offences which are a breach of faith or
allegiance to the Sovereign, and which could not be
pronounced high treason, because the law did not call
them so. And if they *seised why the law was so cautious
in cases like this, Sir Edward Coke told them that it was
because the punishment is the heaviest which the law
knows. The Learned Counsel then went through the
circumstances connected with the Mullinahone affair,
the barricades at Killenaule, and the drilling at Slieve-
nanren, ridiculing the whole as a levying war upon the
Crown, and asserting that all arose from a desire to
protect Mr. O'Brien from arrest. The barricades espe-
cially proved that, for when the mob were assured that
Capt. Longmore did not seek to arrest that gentleman,
the barricades were removed, and the Queen's troops
were cheered as they passed through. Having con-
tended at length that his client was disconnected with
most of the acts of Mr. O'Brien, he dwelt for some time
upon the letter sent by that person to the agent of the
Mining Company, saying it did not prove that Mr.
O'Brien contemplated a revolution; but the question is
not whether he did or not, or whether the prisoner con-
templated a revolution; the sole question for you is, did
he in any of the transactions at Mullinahone, or Kille-
naule, actually levy war against the Queen. Except
you come to the conclusion that he did, it does not in the
least signify whether Mr. O'Brien wrote the letter or ex-
pressly stated in it that he would dethrone the Queen.
You must be fully satisfied that the evidence entirely
supports and bears out the precise charge laid in the in
dictment, or you ought to acquit the prisoner.
Chief Justice BLACISBURNE—Patrick O'Donohoe,
have now to inform you that it is your privilege to ad •
dress the jury in your own defence. Are you desirous
of doing so? Mr. O'Donohoe—No, my Lords.
The SOLICITOR. GENERAL having replied,
Chief Justice MOORE proceeded to charge the jury.
After some introductory remarks, his Lordship said,
the prisoner at the bar is charged with levying war
against the Queen. (The Learned Judge having
read the definition of the offence from Mr. Justice
Foster's book, proceeded)—Gentlemen, according to that
authority, the assemblage of armed men to promote by
force any general object is high treason, within the
meaning of the law. There may be a levying of war,
however, though no blows have been actually struck—
the mere enlisting, marching, and armed array being
sufficient to constitute the °fiance. But there must he
such an exhibition of force—such an array and arming
for a warlike purpose—such an enlisting and marching
as would indicate an intention to effect the object by
force and violence. Another ingredient in the offence
is, that the armed assemblage, marching, &c., must be
for a general purpose of some public nature, in which the
insurgents have not an exclusive interest. It has been
said that the object of this array was to prevent the
arrest of Mr. O'Brien. If you believe that that was the
exclusive object, the prisoner is not guilty of high trea-
son. But if that was not the exclusive object—if, in
addition, there was an object of a general nature, the
offence amounts to high treason, provided the other in-
gredients exist. Therefore it will be of the utmost im-
portance for you to consider what the object of the
armed assemblage was. The Learned Judge concluded
his charge at half-past seven, and the jury, after taking
some refreshment in the box, retired.
At half- past nine o'clock it was intimated to the
sheriff that the jury wished to have the opinion of the
Judges with regard to some points of evidence which they
found it difficult to reconcile. In a few minutes after-
wards all the Judges were in attendance.
The Foreman said some of his fellow-jurymen wished
to know whether, if they believed the evidence of Con-
stables Wiggins and Williams, would the facts which
they deposed to amount to a levying of war within the
meaning of the statute.
Mr. Justice MOORE said if they believed the evidence
of these two men, and that the purpose was general, and
not exclusive er personal, then they would find a verdict
of guilty.
The Foreman then required to know what amount of
credence, if any, should attach to the testimony of
Sullivan.

Mr. Justice MOORE said they were at liberty to be-
lieve Sullivan just as they pleased, and if they liked they
might reject his evidence altogether.
Chief Justice BLACILBURNE—Or you may believe as
much of Sullivan's evidence as has been corroborated.
Tho jury then retired, and after the lapse of about a
quarter of an hour returned again into court. The Judges
having again taken their places,
The Foreman requested that his Lordship would
read that portion of his notes referring to Mr. O'Brien's
visit to the police barrack at Mullinahono on Wednesday
morning.
Judge MOORE at once complied, and read the direct
examination describiug the visit in question, when Mr.
O'Brien, accompanied by the prisoner and another per-
son who carried guns, endeavoured to seduce the police-
men from their allegiance, and threatened an attack on

ciety, were unremitting in their efforts to promote its
interests. Leave of absence was then granted to Cap.
tain Dickson for six weeks, and the meeting separated.
SAFETY OF RAILWAY TRAVELLING.—The Queen, itt
her late journey from Scotland, travelled over 500 miles
by railway, and when it is known that over this dis-
tance her Majesty was conveyed without any previous
notice, at the rate of 35 miles an hour, including stop-
pages—at a rate amounting to, but not exceeding at any
time, 50 miles an hour, over a country rising twice to an
elevation of 1,000 feet above the level of the sea, and
descending, at intermediate stations, nearly to the level
of the sea, and so conveyed without the slightest alarm
or cause for danger—we may be permitted to say that
the railways of Britain, under their present system of
management, have reached an amount of perfection,
regularity, and security unsurpassable, and almost un-
hoped for.—Scottish Railway Gazette.
EAST AND WEST YORKSHIRE spe-
cial meeting of this company was held on Saturday at
Enaresborough, Mr. J. Dent in the chair. for the pur-
pose of deciding on the means of raising additional capi-
tal, and of considering the terms of an agreement with
the Leeds and Thirsk Company for leasing and working
the line. The Chairman stated, that in consequence of
a resolution passed at the late meeting of the Leeds and
Thirsk Company, some modification of the original
agreement had become necessary, and as it would require
some time to mature the alterations, it was agreed to
adjourn the meeting to Friday next.
SPECIE.—The following arrivals of specie in coin
and bullion have just taken place:—The ship Lady
Flora, arrived from Madras and the Cape of Good Rope,
has brought from the latter place one case of specie, con-
signed to a metropolitan firm, and from the former place
five cases of rupees, addressed to three separate commer-
cial firms in the metropolis, and 29 cases of rupees,
consigned to order ; the Spartan, from Hobart Town,
one box of bullion, consigned to the Bank of Australia;
the Berwick Castle from Arica and Islay, one case of
dollars and one case of gold dustAconsigned to a firm of
commercial eminence in the metropolis ; and the vessel
Earl of Lonsdale, from Valparaiso, 641 bars of copper,
also addressed to a house of commercial eminence.
LITERARY INSTITUTE mat VIE LABOURING CLASSES.
—Yesterday spacious premises were opened in Chapel-
street, Cripplegate, by the society called the Domestic
Mission, as a Literary and Scientific Institute for La-
bouring Men. The institution is furnished with a library,
consisting of 800 volumes, and the daily newspapers and
periodicals. Several popular lecturers have been engaged
to deliver addresses on scientific subjects, and classes
formed for mutual instruction.
THE LATE FATAL ACCIDENT AT SI'ITHEAD.—The
adjourned inquest on the bodies of those drowned by the
late lamentable boat accident in the gale of yesterday
week will be resumed this afternoon, at Portsmouth.
Her Majesty sent one sovereign each to the whole of her
barge's crew, and the same to the two men in the
customs boat, with the officer, whieh bounty was distri-
buted to the recipients yesterday morning on board the
Royal yacht. _ _

Louis Blanc has expressed his intention of visiting
Edinburgh; and it is said that his stay will extend over
a fortnight. His arrival is expected to-day.—Edinburg
Witness of #9.6 turday.