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

remaining to guard him was that he might not be
arrested.

Examination resumed—After he saw Mr. O'Brien
ha went down Chapel-street to the Police-office,
accompanied by two persons, whom he called his body
guard, ene of whom was O'Donohue, and the other
Stevens. Mr. O'Brien had a pike in his hand, a cloth
cap with a gold band on his head. The witness saw
him leave the police barrack and come back to
Wright's. O'Donohue was armed with a double-
barrelled gun, and Stevens with a fowling-piece.
When he went back from the Police-office he again
addressed the people outside the door, but witness
was near enough to hear what was said. They were
armed with pikes, to the number of about 200. Mr.
O'Brien left about eleven or twelve o'clock, but wit-
ness did not see him. He proceeded in the direction
of Ballingarry, accompanied by the people who
marched with pikes. The witness saw Mr. O'Brien
on the following day (Thursday), who came again
from Ballingarry, to Mullinahone, walking with a pike
on his shoulder, and the same cap on him, at
the head of the main body, consisting of 250
persons. There was an advance guard of about
thirty persons, also armed, led by a person
whom he afterwards saw with Mr. O'Brien, who was
armed with a pistol in one of his hands, and a belt
round his waist with a sort of dagger in it. He was
also on horseback, and looked like a gentleman. The
advanced guard was about 20 yards from the main
body, accompanied by O'Donohue and Stevens, who
were armed in the same way as the day before. The
main body marched in four deep, and when they got
in, the man who led the advanced guard halted them
at a baker's shop in the town, and ordered some bread
for them, which they got. The main body halted at
the some place, and got the bread also.
To a juror—He saw him get the bread, but did not
know whether it was paid for or not.
To Chief Justice DOHERTY—They got the bread
and ate it in the street, where it was divided between
them.
To a juror—The main body was ordered to halt by
Mr. O'Brien.
Examination by the ATTORNEY-GENERAL resumed
—He heard a great number of persons fire shots after
they broke out of the ranks, and shortly after they left
the town. Mr. O'Brien, after remaining an hour or
half an hour in the town, went away in the direction
of Carrick-on-Suir, accompanied by twenty or thirty
persons. He left as he came, on foot and armed, and
marched to a place called Cappouge, near Nine-mile
House, three deep, and Mr. O'Brien at their head.
To a juror—Mr. O'Brien was not with the persons
who fired the shots in the streets, for he had left the
town. O'Donohue and Stevens went with him.
Examination resumed—The witness did not see
Mr. O'Brien after that Thursday. The first evening
he came into town the chapel and church bells were
rung, and fires were lit round the country, on Slieve-
namon, and the surrounding hills, of which he no-
ticed about ten or twenty. There were also some
fires in the streets of the town.
Cross-examined by Mr. WHITESIDE—The witness
did not swear an information until the 12th of Sep-
tember. The bread got was paid for, nor did Mr.
O'Brien quarter himself by force on Mr. Wright, for
he was invited by his son. As nearly as he could
guess there were 5,000 persons present. The witness
was in the police, but left the force. He would not
go back at present. He was not discharged, nor dis-
missed for opening a dispatch box. The witness was
at present a shopkeeper, and in rather ill health. He
repeated he had no intention of going back to the
police at all. He did not swear he would not go back
at present, nor was he charged when in the police
with having two wives at the same time.
David Williams, a head constable, deposed that he
was stationed in Mullinahone on Monday, the 25th
of July, with a party of six police, when he saw Mr.
O'Brien; that was about five o'clock. He saw him
in the square, opposite liickham's house, surrounded
by about 20 or 30 persons. A great crowd after-
wards assembled, and he heard him from a wall, on
which he stood, opposite Ben Wright's house, address
them. There were about 200 persons present, and he
saw a pistol in his left breast. He told the people a
warrant was issued for his arrest, and that if taken
he would be hanged. He was anxious to know from
the people was it their wish he should surrender, be-
cause if not, he was prepared to resist any attempt
made to arrest him. Mr. O'Brien observed him (the
witness), because he said he had no anxiety to shoot
a policeman ; that they should treat them with kind-
ness and as brothers until they merited otherwise,
and then to meet them openly, but by no
means to take advantage of them. He spoke
something of another form of government,
which would be in less than six weeks, and fol-
lowed up that by an expression that all the vacancies
would be filled up by Irishmen. A gentleman, whose

name he heard was Dillon, had a sash around him—
a plaid round his left shoulder. A great number of
people were in the town—he should say he couldn't
have seen less during the night than two thousand
persons, armed with pikes, "guns, and other weapons,
and from the great number he saw, and the shots
fired, he (the witness) and his men remained all night
under arms, apprehensive of an attack. lie returned
to his barracks about dusk. He (the witness) re-
membered the morning of Wednesday, the 26th ;
when in his barracks, he saw Mr. O'Brien enter the

barrack about eight o'clock. The doors were all open,

and their arms up stairs. Mr. O'Brien was dressed
with a dark outside coat, a military cap on his head,
a stick with a spear in one hand, and a pistol in the
other. When the witness was speaking to him, he
saw that he had three pistols inside his coat, and he
was accompanied by two men, one of whom was

about 23 years of age, armed with a double-barrelled
gun ; and the other, an older man, with a gun, whose
name was O'Donohue. When Mr. O'Brien carne into
the barrack he said he wanted their arms, and his
reply was, he could not comply with his request ; that
he could only part with the arms with their lives.
Upon which he asked him, did he not see the display
of last night, and the witness said he did. He next
added, that a barrack where 400 men were was to
be attacked that day, and it was, therefore, better for
him to give up the arms and go to Callan, or words
to that effect, and he would place him (or us) under
pay. The witness could not say if he spoke in the
singular or the plural number. After that expres-
sion he asked him what he was determined on doing,
and he replied, that he would be unworthy of the
name of an Irishman if he gave up the arms. Mr.
O'Brien then said he would give an hour to consider,
and within that time he should have .500 men, and
resistance would be useless. He left the barrack
after that, accompanied by the other two persons, and
he and his men marched to Cashel, pursuant to order■
which he received.

Cross-examined by Mr. FITZGERALD - Mr.
O'Brien's stay in the barrack was not more than two
minutes, and he marched his men out of the barrack
about seven minutes after, but remained in town four
hours after, when he marched to Cashel.
To a juror—The stick in the spear was like a
watchman's pole. The handle was about Sif feet
long, and the pike about 18 inches long.
Do you know whether it was manufactured for the
occasion ?—I don't know, sir.
Mr. O'Brien—Don't you know it was not, sir ?

Mr. WHITESIDE-Mr. O'Brien, Mr. O'Brien.
To a juror—He did not point the spear or pike at
him, nor did they threaten him. There were no
armed men in the streets at the time, nor near the
house.

Police-constable Wiggins was next examined, and
deposed to having seen Mr. O'Brien on the evening
of the 25th of July, accompanied by Mr. Dillon and
Mr. O'Donobue, all of whom came out of Mr.
Kickham's house. We did not hear them address the
crowd. A great number of persons were in the
streets after, and at seven o'clock in the evening the
bells were rung, when the crowds increased, which
caused the police to remain up all night. The next
morning, about eight o'clock, Mr. O'Brien
came to the station with two others, all of
whom were armed. O'Brien had a pistol
in his hand, and three in his breast. The
witness then detailed the conversation deposed to by
the previous witness with respect to the giving up of
the arms. The witness and his party of police left
the town about two hours after, but left the barracks
in five or ten minutes. As they marched out they
met the Rev. Mr. Corcoran, the priest of the town,
who turned them back, when they packed up every-
thing. The Rev. Mr. Corcoran then offered them
protection.
Mr. WHITESIDE protested against such evidence
being received, as being clearly illegal. What Mr.
Corcoran said or did could not be given, but it was
jury.
The to make an impression on the
The CHIEF JUSTICE directed the jury to expunge
from their notes everything relating to the Rev. Mr.
Corcoran.
Cross-examined—He would positively swear that
Mr. O'Brien had four pistols, one in his hand and
three in his breast. He stood pretty convenient to
the fire. When the witness went to Kilmainham he
had no doubt whatever in identifying O'Donohue, who
told his name himself. The witness did not leave his
barrack after ten o'clock at night, and although he
could not see through stone walls he had no hesitation
in saying there were 2,000 men present. The cap he
wore was something like that which the late Mr.
O'Connell used to wear.

To a juror—lt had no military emblems on it, nor
was it like a gentleman's travelling cap.
Michael Ryan examined—He was in the habit of
driving a car, and remembered being sent for to
bring a car to (Mr. Kickham's) his master's house.
Two gentlemen now got on it, and they proceeded
in the direction of Nine-mile House, when they met
a gentleman on horseback, on which they stopped,
and commenced talking to him. After that they re-
turned to Mullinahone, where they remained while
he was feeding the horse. On the horse being fed
he drove them to Ballingarry. He did not know
what o'clock it was when they went in the direction
of Ballingarry, but it was ten o'clock when they