The Sun.
London, England, 1848-10-09 00:00:00

THE SUN, LONDON,

Isings for the purpose of effecting by force and
by numbers, however ill-managed, provided, T.
organized the force may be any innovation of any public
nature, in which the parties had no special or particular
interest or concern, have been deemed instances of the
actual levy of war." Gentlemen of the jury, in stating
the definition in my view of the crime of levying war
against the Crown, and in stating the words of this au-
thority, I have probably led your minds to the conside-
ration of the trite distinction which it will be important
to keep in year minds, and on which distinction the de-
fence of the prisoner is rested. e asserts that the ob-
ject of recurring to the use of force, and that the end
and object of all the exertions which are detailed in
the cause, were not to effect any general object or porti-
co's% purpose whatever, but that they were solely and
exclusively done to protect his person from arrest : and
I have to tell you that if the object of all this arming
and of all this force was solely and exclusively to pro •
test Mr. O'Brien's person, and the persons of those in
his company from arrest, he is entitled to your verdict
of acquittal. You will, therefore, at once see that in
order to sustain either the charge or the defence, it will
rest upon you, in the consideration of the evidence, to
come to one or other of the two conclusions—was the
object of this insurrectionary movement a general object,
or was it limited to the particular object of protecting
the person of Mr. O'Brien from arrest? But you will
observe from what I have stated to you that the personal
or peculiar object must be exclusive, because if, in
addition to that of protecting the prisoner from arrest,
there was the other and general purpose which the
Crown contends for, the existence of that particular
object is of no moment whatsover,
for the moment the
general object is established that instant it becomes
high treason. So that you will observe in the consi
deration of the case that you will not only have to fix
your attention upon that which constituted the defence
of the prisoner—that the object was to protect him
from arrest—but whether that was exclusively the ob-
ject of all that has been done. The question, no doubt,
as one of the intention of Mr. O'Brien and those who
accompanied him—did he simply intend to effect his
Own personal security from arrest, or did he in-
tend to effect any object of a general character, whether
a change in the Government, a repeal of the Act of
Union, or the separation of Ireland from Great Britain ?
It has been contended on the part of the prisoner that
this indictment does not set forth the evidence upon
which the Crown relies in support of the intention which
the Crown imputes to Mr. O'Brien, and which it is bound
to establish. The law does not require that that should
be so. The law does not require that the Crown
should state the evidence it intends to adduce of the in-
tention—it does not require the Crown to state what acts
were done ; but it does require not only that the Crown
should state the acts of war which were done, but that
one or more of those acts should be established by two
or more credible witnesses, and the acts which are
stated in the indictment you will find to be as follows :
aiding and marching in a hostile manner through divers
villages, towns, and public highways in this country—
to wit, at Ballingarry ; the erection of obstructions by
means of cars, carts, pieces of timber, and other mate-
rials on the highway, to obstruct and prevent
the march of the soldiers of the Queen ; at-
tacking and firing on a large body of con-
stables being then in the execution of their duty, and
endeavouring by force and violence to make the consta-
bles join them in a public insurrection and rebellion
against the Queen. Then follows the charge of an
attack upon a certain dwelling-house at Farrinrory, and
firing upon the constables therein. These are the overt
acts. They must each or one of them be proved by two
witnesses; what was the object will depend upon the
intention that is to be disclosed by the evidence. Of
that evidence you are exclusively the judges in the case
which is now before us. You will observe the period at
which one class of evidence may be said to terminate and
the other to commence. The evidence antecedent to the

actual outbreak at Ballingarry, on the 25th, is in some
respects contrasted with the evidence subsequent to that
period. The evidence antecedent to that period cannot
have any relation to the apprehension of arrest, because
during that antecedent period no arrest was or could
have been contemplated. The evidence subsequent to
that time is connected with that apprehension of arrest,
and I need not tell you that the latter is a period of
great importance, and that from the time the insur-
rection commenced, on the 25th, at Ballingarry, every
one of the transactions that occurred are to be
minutely and critically examined, and during that period
you are to consider whether the acts of Mr. O'Brien, the
acts of those whom he put in motion, his own declara-
tions, the conduct of those who were assisting him, do
manifestly exclude the object of effecting his personal
safety and nothing else, or whether, upon a review of
these facts and circumstances, they do not manifest an
ultimate and general purpose—that is, the purpose of
effecting a revolution in the country. Bat when the
question is, what was Mr. O'Brien's intention at and
after the 2Sth of July, and when the intention imputed

by the Crown is, that he then and there meditated a
general purpose, and that that purpose was revolutionary
in he character —when that is asserted on the part of the
Crown, they at the same time say that, looking to the
conduct of Mr. O'Brien for a period of the four antece-
dent months, they are able to satisfy you of the existence
of a revolutionary scheme, and of means and prepare,-
tions adopted by the prisoner for carrying that scheme
into execution; and it cannot be objected in point of law
to the Crown, nor has
.the prisoner any right to com-
plain, that during the period intervening between the
15th of March and the 25th of July his conduct, his
acts, his speeches, and his declarations are brought for-
ward as evidence for the purpose of showing what
his intention was. In truth, a large portion of onr
criminal law—many crimes are found to consist altogether
in intention, and I know no limit to the period at which
evidence is admissible of previous conduct or previous
declarations from which the intention may be inferred,
and if I were called upon to instance a case of the most
familiar occurrence, it would be the case of murder.
Homicide is committed, and in order to show malice on
the part of the person charged, declarations made by him
at any antecedent period are every day admitted, and
are plainly within the principles of justice. It is, there-
fore, perfectly consistent with the principles that are
allowed to prevail that Mr. O'Brien's speeches and de-
clarations antecedent to those occurrences are now
brought in evidence against him. I shall now call your
attention somewhat in detail to the evidence on the first
of those periods—that is, the evidence that terminates
with Mr. O'Brien's departure from Dublin. The first
of the documents that are given in evidence is the
speech of Mr. O'Brien on the 15th of March, 1848.
Before I advert to that speech it is due, in justice
to Mr. O'Brien, to state that from all the evidence
that has transpired and has been adduced on
his behalf, there seems to be no ground whatso-
ever to impute disloyalty to him, or any treasonable
practices or intention; and it is also right to say that
with regard to the proceedings of the Confederates, their
rules, and their acts, as far as they have transpired, there
does not appear to have been anything revolutionary in
the constitution or the acts of that body. This docu-
ment before us of Mr. O'Brien's speech on the 15th of
March, the accuracy of which cannot be doubted, has
been proved by the reporter. It was a speech delivered
at the Music-hall, and at the delivery of that speech
were present Mr. Dillon, Mr. O'Reilly, Mr. Meagher,
Mr. O'Gorman, jun., Mr. Duffy, and Mr. D. Reilly,
whose names you have often heard. During the delivery
of that speech Mr. Meagher came into the meeting. It
was delivered on a remarkable occasion. The French
revolution had taken place within the preceding three
weeks, and this body determined to present a eongratu-
latory address to the French Government on that event.
Mr,. O'Brien was employed to prepare, and did prepare,
an address to the French nation, and he was appointed
to go, and did go, as one of the deputation to present the
address. Upon that document it was for you exclusively
to form an opinion and to decide upon it. I take it for
granted, as each party has referred to it, that some copy
will be agreed upon.
Mr. WHITESIDE wished to remind their Lordships
that in a criminal ease it was not the practice to send the
documents to the jury; that occurred in the case of
" The Queen v. O'Connell;" bat he did not object to
send the documents, if it was understood that all the
documents on both sides should go.
The LORD CHEF JUSTICE—I think it will be better
just to read through the passages.—(The Learned Judge
then proceeded to read the passages that had been put
in evid'ence, which alluded to the proposed address and
the appointment of a body of 300, and then proceeded
thus):—lt is for you to say whether those passages sus-
tain the allegation of the Crown or that of the prisoner.
It appears that Mr. O'Brien went to Paris; and the next
evidence which was given was the speech he made on his
return, on the 15th of April, at the Music-hall, in Dub-
lin, at which were present Mr. Meagher, Mr. Duffy, Mr.
Mitchel, Mr. O'Gorman, Mr. M‘Ghee, and various other
persons. A great deal of this speech has been already
stated to you—passages which show that he had been in
intercourse with persons in Paris ; but I do not think
there is any passage which has not been recently before
you, except a passage which relates to Mr. O'Gorman.
—(His Lordship read the passage.) Unquestionably
these speeches are of vast importance, to show the then
state of mind of Mr. O'Brien, and certainly indicate an
intention to take some measures towards the attainment
of the object he had in view. And the next document
which is given in evidence, is one of several that were
found in the portmanteau of Mr. O'Brien.
Mr. WitiTzsroe wished his Lordship to state that the
first speech of Mr. O'Brien which had been referred to
was prosecuted by the Attorney-General.
The Loaf) CH/EY JUSTICE continued—So far as re-
gards the present case, the Attorney-General instituted
a prosecution against Mr. O'Brien, for the delivery of
that first speech ; that prosecution is not terminated.
There could be no doubt of the right of the Crown to
use that speech in evidence in this case. No objection
was made to its admissibility, and it is perfectly compe-
tent to yon to act upon it as relevant to this charge.
The next document in order is the copy of a letter from
Philadelphia found in the portmanteau. Any papers,
in a charge of this kind, found in the actual possession
of or on the person of the party charged, can be given
in evidence ; and it is insisted on the part of the
Crown that they have done that which ought to satisfy
you that this wee, in fact, in the possession of
Mr. O'Bffen. We allowed that document to be read.
We allowed them all to be reed ; but we reserved for
your consideration the question whether the circum-
stances attending the finding and production of these
papers ought in your [judgment to have the effect
of fixing :Mr. O'Brien with the possession of
them ; because if you should be of opinion that
he was not to be considered as in possession of them, you
ought not to attend to them. (His Lordship then went
over the evidence as to the portmanteau.) There is no
qpestion whatever that the portmanteau was Mr.
O'Brien's; but it is contended on the part of the prisoner
—and this is a point for your consideration—that the
portmanteau was not obtained under such circumstances
as to make its contents, and the possession of its con-
tents, the actual possession by him, because they say that
the portmanteau was out of Mt. O'Brien's possession,
and that during that time, and before it came into the
possession of the Crown, somebody might have opened it,

and these documents might have been inserted. That
is in the nature of things perfectly possible, but it is for
you to say. During the time the trunk was in the pos-
session of the Crown the trunk and its contents were
satisfactorily accounted for; it is for you to say whether
you have any rational doubt that the papers in it were
in it at the time Mr. O'Brien parted possession with it.
Upon what ground can you say they were not ?
What fact justifies the suspicion, much less the belief,
that it was not? Then again, it is said that the exist-
ence of the papers before Mr. O'Brien's arrest was not
proved. It is perfectly plain, with respect to the letter
of Mr. Duffy, which bears date previous to the arrest,
that it existed at the time Mr. O'Brien deposited his
trunk at Cashel. There is a letter of Mr. Meagher in
existence a considerable length of time before. There
is also a document dated May, which was found in the
portmanteau. All these were evidence that these docu-
ments did exist before Mr. O'Brien's arrest, and if you
are satisfied they were put into the portmanteau by
Mr. O'Brien, you must receive them, and in so far as
you are justified by the nature of things. you must visit
him with the possession of these things, and with the
consequences. And if you think Mr. O'Brien is not re-
sponsible for them, from any reasonable doubt you may
entertain on the question I have suggested, then you
should exclude them altogether from your consideration;
but if, on the other hand, you think he is liable, and that
there is no reason to doubt he put and kept them there,
then you will consider how far they ought to bear on the
charge you are investigating; that charge being that
he, at the time, from his correspondence and
from the communieations addressed to him, en-
tertained and harboured the treasonable inten-
tion imputed to him by the Crown—namely, the
project of a revolution. The first of these documents, in
point of date, is the letter from Philadelphia. It is
dated the 10th of May, and must have been received
about three weeks after that time. (The Learned Lord
Chief Justice then read the letter which has already ap-
peared in evidence, and proceeded ;)--According to this
letter there then existed in Philadelphia a body acting
n the subject of Irish affairs, and a body was fotmed in
America for the purpose of managing those affairs and
of carrying on a correspondence with Ireland. This is
a communication from a foreign country, stating that
means will be used, and exertions put forth, for the pur-
pose of forwarding the cause of Irish liberty. It is for
you to consider if that means any constitutional effort to
maintain any species of reform by constitutional means
or has reference to proceedings ofarevolutionary charac-
ter. Whatever may have been the intention of the per-
sons mentioned, it appears plainly that Mr. Meagher
was about to proceed to America, from a letter which
follows, and in one of his former speeches the mission to
America is distinctly alluded to by Mr. O'Brien. Mr.
Meagher says, " I am off to New York to invoke
sympathy and"—(the Learned Judge then read
the letter in question). These two docu-
ments connected with the declaration of the
intention to send a mission to America by Mr.
O'Brien, are most important, as showing the object of
the intended movement there. The next document is
an important letter from Mr. Charles G. Duffy, which,
if it stood by itself, would be by no means destitute of
importance. You are to look to the whole mass of evi-
dence, and see if it carries out the scope and conclusions
contended for by one party. or the other. This letter
is of great importance. It is addressed to Mr. O'Brien,
and it may be useful in determining whether the nature
of the movement contemplated was constitutional or re-
volutionary. (The Learned Judge read the letter.) It
would appear their plan [Mr. Whiteside—" Duffy's
plan, my Lord "]—was to form a great body of persons
to effect their object through the medium of certain
measures therein specified. This letter was, as you will
observe, from Duffy to O'Brien. It was found in
O'Brien's portmanteau. And whatever value you may
attach to it, it is for you to explain the state of revolu-
tion there spoken of ; and it is for you to consider
whether O'Brien is to be the person responsible for this
letter. The next evidence, in point of time, is that
which is deposed to by Dobbin. Dobbin's account of
himself is one which has given rise to the objection
to the reception of, or rather to the belief in, his testi-
mony; and it is contended that he comes forward before
you as an accomplice, and that you ought not to bear his
evidence, unless it is corroborated with respect to the
main facts, by some important testimony from other
quarters. If you take his statement to be true, how-
ever, he does not stand in the light of an accomplice.
An accomplice, gentlemen, of the jury, is one who ac-
tually engages in the illegal act he comes forward to de-
pose to; and Dobbin, according to his own statement, did
not become a member of this society with any intention
of carrying forward or executing its object or plan. He
became a member, as he says himself, for the purpose of
" counter-plotting the plot;" in other words, he should
rather be called a spy than an accomplice. But whether
you regard him in one light or the other, my direction to
you is to examine the evidence closely, and to see how
far it is corroborated by the various matters with which
it stands in connexion; and first of all to examine it by
itself. He represents himself to have been present at
three meetings—most important meetings as to the
time at which they were held, and as to the business
there transacted. The Learned Judge read the evi-
dence of Dobbin from his notes in eztenso. He did not,
you will observe, name one person as being aware of his
presence. He refused to give the name of the person
with whom he held communication; and the Court was,
in the first instance, of opinion that they could not com-
pel him to take any other course and name him; but it is
now perfectly plain from the sequel of the evidence that
he was a privileged person, because he turned out to be
the medium with the Government itself. There can be
no question that this man's evidence had been properly
received. The iFiestion whether you will receive it or
not is natter for your consideration. If you believe he is
telling a story of his own fabrication, you should dismiss
his evidence; but if you find it is reasonable and pro-
bable in itself, and that it is corroborated by the acts of
other persons, and by the acts of O'Brien himself—if
you find it is consistent with the proceedings of these
parties, and find him detailing acts which might be
part and parcel of the same arrangement, you are to con-
sider if he is entitled to belief. On the other hand, if
you think he is a spy and a partial and faithless wit-
ness, you should discard his evidence altogether, and not
give credit to any part of it. It is very important to
see if, in point of fact, any of these meetings ever took
place. His statement with respect to the existence of
the Red Hand Club was proved by two policemen, who
deposed they saw the name written on the windows of a
certain house, and that they saw people going in and
out of that house as members. In so far, therefore, as
his testimony was repelled by the suggestion that there
was no such body, it is plain there was. But, besides
this, there was most ample means of contradicting him
if he was not telling the truth.
Mr. WHITESIDE—It was impossible to say before the
trial that the witness would have been produced. His
client ought not to be affected by the fact that he had
not been furnished with a list of witnesses when he had
specially applied to the Court for it.

•
The LORD CHIEF JUSTICE.—The very authority you
referred us to shows how the law stands with respect
to this subject. The Learned Judge then read a
passage to the effect that the guilt of the pri-
soner depended not on the absence of any expla-
nation from him of the crime laid to his charge,
but on positive proof of that charge from the Crown;
but that if certain appearances were made out against
him it was not unreasonable to expect that he should be
called on by evidence, out of regard for his own safety,
to reconcile those suspicious circumstances. Now, I
don't think it is by any means to be expected, or that
it is a requisition you have a right to make, that because
this man was examined on last Saturday the prisoner
was bound to show he was not telling the truth; but I say
when there is the possibility that he spoke the truth, and
when there is no evidence to the contrary, there is no
reason not to receive his evidence.

Mr. WHITESIDE—The authority you quote to the jury,
,my Lord, is an English case. The prisoner of whom
these observations were made had a list of witnesses 11
days before the trial.
The Loan CHIEY JUSTICE—That is perfectly true—
the prisoner was indicted in England. The prisoner in
this case is exposed to the disadvantage, or rather he is
not entitled to the advantage which he would have re-
ceived in England, of being furnished with a list of wit-
nesses ten days before trial. It does, I eonfess, appear
doubtful to me whether upon consideration of the subject,
I should advise you to say there is not some presump-
tion that his (Dobbin's) story is true in its main parti-
culars. The Learned Judge read over the rest of the
evidence, and on concluding it maid, as the hour was so
late, it would perhaps be better if he left off at that stage,
and if the jury meantime looked over their notes of the
evidence.

Mr. WHITESIDE requested his Lordship to instruct
the jury that Father Kenyon's name appeared on the
balloting papers, though the witness Dobbin stated that
no priest would be ballotted for; and that Mr. O'Brien's
name had appeared on the papers only once and had
then been struck off.
The Loan CRIES JUSTICE did so, and as he was
about retiring from the bench was addressed by some of
the jury in a low tone of voice.
Mr. O'Brien thereupon exclaimed, " If the jury have
no objection, I should like to hear what they have to say
to their Lordships."
. _ _

A juryman (addressing his Lordship)—I wish to ask
your Lordship oae qnestion. The witness Dobbin
stated that his club was not called. Then, how comes
it that he was present at the meeting of the presidents
of clubs? How did he get in there? I don't understand
that at all,

The LORD Cum JUSTICE—The day of the meeting
to which he alluded was the 21st; the day on which the
clubs were called was the Ibtb.

The juryman—But how could he have attended on
the 21st, if the club was not acknowledged on the 15th?
The LORD CHIEF JUSTICE—He stated his club was
a branch club, and that he was not acknowledged as a
representative; but he says he was a member of the
club. His Lordship then read his notes referring to this
portion of the evidence.
Another juryman—The meeting was composed of
the representatives of clubs. I do not understand how
he could have been there if his club was not acknow-
ledged.
The LORD CHIEF JUSTICE—I would advise you, gen-
tlemen, to look to your notes, and see how the evidence
stands as to this matter.

Mr. WHITESIDE—I think you have it oa your notes,
nay Lord, that all but the representatives of the clubs
were ordered to leave the room, but that Dobbin
remained, although he states he was not a represen-
tative.

His LORDSHIP again referred to his notes, and hav-
ing concluded the extract,
Mr. O'Brien addressed the jury, and said—May I be
allowed to call your attention to the remark which fell
from your Lordship as to the possibility of bringing
evidence to confute the testimony of Dobbin? The
jury must know that every man in the Confederation,
or any one who has taken a leading part in the
management of it, or of the clubs, has been hunted
down by the Government, and that it would be impos-
sible to bring them forward to contradict it.

A juryman—lt does not appear that Dobbin was one
of those who was allowed to remain. He was not re-
cognized as a member of the clubs.
Mr. WITITESIDE—The case will do as it stands very
well.

The jury were then given into charge of their usual
guardians, the four policemen, and
The Court adjourned at seven till nine o'clock to
morrow.

VERDICT ON MR. SMITH
O'BRIEN.

CLONMEL, SATURDAY NIGHT.

At the sitting of the Court, at half-past nine, Chief
Justice Blackburne resumed his charge to the jury,
and reviewed the evidence in detail, very briefly com-
menting on it as he proceeded. In regard to the
summoning of the police at Mullinahone to surrender,
and offering to receive them into his pay, the pri-
soner, his Lordship said, had committed an incontro-
vertible overt act of high treason. Next his Lordship
referred to the letter addressed by Mr. Smith O'Brien
to the directors of the Mining Company, which he
read, and then remarked that he wished to heaven the
contents of that letter could admit of any other con-
struction than that which its plain language manifestly
imported.
His Lordship bad not been more than an hour ad-
dressing the jury, when, to the astonishment of the
Court,
Mr. WHITESIDE, Q. C., on the part of Mr.
O'Brien, interrupted his Lordship, and stated, that he
had an application to make :to the Court of a most
important nature,as affecting his client, but it was of
such a character, that he could nut at that moment
mention it in open court. He, therefore, requested
their Lordships to retire for a few moments into
chamber, to hear the very extraordinary circum-
stances that had that moment come to his knowledge.
After some conversation, the Attorney-General not
objecting, their Lordships retired.
After a few minutes the Judges returned, when a
witness named Dalton was called and examined. The
object of his testimony was to throw discredit on the
testimony of the informer Dobbin. Dalton stated,
in effect, that some months since Dobbin solicited
him to become a spy, a proposition which he indig-
nantly rejected, and from that moment their ac-
quaintance ceased. Dobbin was called, and con-
fronted with Dalton. The former asseverated, in the
most solemn manner, that he had never before seen
Dalton in his life.

The Cunir JUSTICE resumed his charge, and left
the whole case to the jury, who retired a few minutes
after three o'clock.

About half-past five o'clock the jury returned into
court, and on their names being called over,
The Clerk of the Crown said—How say you, gen-
tlemen of the jury, as to count No. I—is William
Smith O'Brien guilty or not guilty ?
Mr. Southcote Mansergh—GUlLTY.
He then handed in the following written paper to
the Court :—" We do earnestly recommend the pri-
soner to the merciful consideration of the Govern-
ment, the jury being unanimously of opinion that, for
various reasons, his life should be spared."
The announcement of the verdict created a pro-
found sensation in court. Mr. Smith O'Brien heard
the announcement with the most perfect composure.
He leaned on the dock, apparently quite unmoved.
After a lapse of ten minutes, during which the
most perfezt silence prevailed,
The CUIEr JUSTICE said—Let the court be ad-
journed until ten o'clock on Monday morning.

DUBLIN, SUNDAY MORNING.

The verdict of Guilty against Smith O'Brien was
published in extraordinary editions by some of the
newspapers this morning, and the result of the trial
—one so contrary to the general expectation—was
generally known in this city so early as eight
o'clock. But the intelligence does not appear to
have caused the slightest sensation. This apparent
indifference, however, is one of the extraordinary
signs of the time.
M'Manus will be next placed on his trial to-
morrow morning. The finding of the jury, in the
case of Smith O'Brien, establishes the conspiracy
to levy war against the Queen ; and the verdict
will, of course, materially influence the other cases
for trial.

The Commission at Clonmel, certainly, will be
adjourned about the 16th or 17th instant, as the
Dublin Commission commences on the 21st instant.
Mr. Gavan Duffy will be tried probably on the 23d
instant. The sittings at Clonmel will be resumed in
December.

DEATH OF THE EARL OF CAR

LISLE.

We have to record the demise of this nobleman. The
melancholy event took place at eleven o'clock on Satur-
day morning, at the family seat, Castle Howard, York-
shire, after a lengthened illness—indeed for the last few
months ;the Noble Earl was unable to move. There
were present on the :occasion the Countess of Carlisle,
Viscount Morpeth, Mr. and Lady Caroline Lascelles,
Lady Dover, the Hon. Captain Howard, M.P., and the
other members of the family, with the exception of the
Duchess of Sutherland, who was absent, owing to the
indisposition of the Noble Duke. The deceased, George
Howard, Earl of Carlisle, Viscount Howard of Morpeth
of Northumberland, and Baron Gillesland county of Cum-
berland, in the Peerage of England, K.G., a Privy Coun-
cillor, and Fellow of the Royal Society, was born on the
17th of September, 1773, and succeeded to the title on
the 4th of September, 1825, having married on the 21st of
March, IE4O I, Lady Georgiana Dorothy Cavendish, daugh-
ter of the late and sister to the present Duke of Devon-
shire and to the Countess of Granville. By this lady
he has had issue twelve children. The eldest, George
William Frederick Viscount Morpeth, succeeds to the
title and estates ; a vacancy in consequence arising in
the representation of the western division of Yorkshire.
The deceased Earl was also father of the Duchess of
Sutherland, Lady Dover (mother of Lord Clifden), the
late Countess of Burlington, Lady Caroline Lascelles,
the Hon. Captain Howard, M.P., the Hon. William
George Howard, M.P., and the Hon. H. Howard, now
connected with the British Embassy at Lisbon. The de-
ceased was consequently brother to the Dowager Lady
Cawdor, the late Duchess of Rutland, Lady Gertrude
Stanley, the Hon. Colonel Howard (who fell at Wa-
terloo), and to the Hon. and Very Reverend Henry
Howard, Dean of Lichfield. The deceased Nobleman
was educated at Eton and at Christ Church, Oxford,
where he took a high degree. In 1795-6 he accompa
nied Lord Maluiesbury in one of his missions to the Con-
tinent, and was, no doubt, thus early initiated into the
mysteries of diplomacy. On his return he took his seat in
the House of Commons, and continued to devote himself
to Parliamentary duties with much attention. In 1806
he was Commissioner for the affairs of India, and so
competent to his office, that we are indebted to him for
a very able speech upon the affairs of that country. It
was published separately as a pamphlet, and was the
only distinct publication which can be attributed to his
Lordship. He was, however, understood to have con-
tributed a Latin poem to the Anti-Jacobin newspaper.
Subsequently to the latter-mentioned period, the Noble
Lord was sent on a special mission to Berlin, but the
particular object of the visit never transpired. After
remaining some time in Prussia his Lordship returned
home and resumed his parliamentary duties. He seldom
made a speech, yet exercised, in consequence of his ac-
knowledged talents and intelligence, a beneficial influ-
ence more felt than heard of in the government of the
nation. In 1827, when Mr. Canning was called upon to
form a Ministry, his Lordship, between whom and the
Minister an intimacy had long existed, accepted the
office of First Commissioner of Woods and Forests, with
a seat in the Cabinet. His Lordship was in subsequent
Cabinet, without holding any office. For some years
past he has remained in retirement. The deceasee Earl
Was formerly Lord-Lieutenant of the East Riding of
Yorkshire, but that office is now held by Lord Morpeth.
By his decease a blue riband is at the disposal of the
Premier.

Covent-garden Theatre opens to-night in all the
splendour of its recent renown. Exclusive of the great
beauty of the house, and the talent of the company, we
are desirous of directing public attention to the very
moderate character of the prices of admission. A box
may be now had for less money than a party used to pay
in the dress circles--without the fear of any annoyance'
from intrusion, or the possibility of any questionable
society; and every part of the theatre, even up to the
galleries, is fitted up with becoming luxury.
ASTLET'S THRATILE.—This theatre closed on Satur-
day night, after a tolerably successful season. Mr. Batty,
who has done all that lay in his power to gratify his
patrons in the production of novelty and equestrian spec-
tacle, is about to remove with his troupe to Edinburgh,
where, no doubt, he will meet with the success his ability
as a manager so well merits. The docility of his horses
and the athletic skill of his artists have never been sur-
passed in this country.
PROPOSED VISIT OF FRENCH NATIONAL GIIARD3
TO THE BRITISH CAPITAL.—The South-Western Steam
Navigation Company and the South-Western Railway
Company have entered into a contract to bring over
from Havre to Southampton, and to convey to London
and back to Havre, Colonel Bredard and 300 of the
National Guards of that town. They are to come over
on Wednesday next, and are to remain in London a.
week or ten days. The whole of the charge for steamers,
railway carriages, &c., from and back to Havre, is not,
to exceed 155., and probably will not be more than 165.,
each person. A very considerable trade is carried on
between Southampton and Havre, and the merchants of
the former place propose giving their Havre friends al
hearty welcome.
ALDERMAN JOHNSON.—We regret to state that!
this worthy and much-respected member of the Court of
Aldermen has been seriously indisposed during the'
past week. We are glad to add that last evening he
was reported to be much better.—Sunday Times.

NOTICE.
ZOOLOGICAL RECREATIONS.
THE NEW AND REVISED EDITION
_ _ .

Of this Work is now Beady for Delivery at all the Booksellers.

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" No work in our language is better calculated than the Zoological
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r(THEATRE ROYAL, COVENT-GARDEN.
1 Mr. BUNN has the honour of announcing that he will OPEN
*.is THEATRE for the usual Winter Season

THIS EVENING, OCTOBER 9,
When will be performed the Opera of MARITkNA, and the Ballet
of THE AMAZONS,

and being enabled by an arrangement entered into with the Directors
of the Royal Italian Opera to avail himself of the vast resources of
that celebrated Establishment, the Entertainments will be supported
by a mise en scene never yet given on the Engilsh stage. With the
view of representing the Performances submitted to public patronage
in an equally efficient manner, he submits the names of the principal
Artistes with whom he has entered into engagements :
FOR GRAND OPERA. _

SOPRANI AND CONTRALTI.—MdIIe. Nissen (principal singer from
the Imperial Theatres of Italy and St. Petersburgh), Miss Homer,
Miss Bassano, Miss Wallace (sister of the composer, her first appear-
ance), Miss Nelson (her first appearance on any stage), Miss Messent,
and Madame Stoltz (the renowned singer Irom the Grand Opera at
Paris).
Bases AND BARITONEII.—Mr. Borrani, Mr. Whitworth, Mr. Bur-
dini, Mr. 71. Core (principal buffo from the Theatre Royal, Dublin),
Mr. S. Jones, and Mr. H. Phillips.
TENOR3.—Mr. W. Harrison, Mr. nerberte (his first appearance en
the London stage), Mr. Barker, and Mr. Sims Reeves.
The Orchestra has been entirely re-arranged, and selected from
the first talent, on a greatly increased scale. Musical Director,
Signor Schira.
The Chorus will be augmented to an unusual extent, and will com-
prise the best voices in the country. Chorus Master, Mr. Land.

and most powerful illustration was afforded at Clon-
mel the very same day, almost the very hour we were
penning those remarks, of the great injury inflicted
upon the accused by the withholding of the list of
witnesses. Up to the very moment of the produc-
tion of the spy Dolton,' on the table there
was not the slightest conception as to the
identity of the party alluded to by the Attorney-
General iu his opening speech as having been present
at the meeting for the election of the war directory,
as it was called, who was to be produced to give evi-
dence before the jury. Conjecture was busy as to
the probable party. Many names were suggested,
and it is more than probable that materials for the
cross-examination of the suspected parties, and wit-
nesses to contradict any erroneous statement that
nail* be made, had been prepared and placed in the
hands of the professional advisers of the accused.
At length the moment actually arrived when
the secret was to be revealed—and to the general
astonishment a man wholly unknown, unre-
cognised by the prisoner or by any of the accused
parties, who stated that he belonged to a club, of
whose existence there was no concurring proof, was
produced. His evidence bore hardly upon the pri-
soner. If credited it would negative the view sug-
gested by Mr. WHITESIDE, that the whole of the
proceedings at Mullinahone, Killenaule, and Ballin-
garry, had the object only of protecting the prisoner
himself from arrest, and did not support the intent of
a general levying of war against the SOVEREIGN.
This, then, was the most important witness of all, whose
testimony would perhaps have been wholly set aside
if his previous history could have been known, and
damnatory facts brought forward against him. All
were at fault, however, and nothing could be ascer-
tained respecting the confessed spy save the ac-
count which he volunteered to give of himself, viz.,
that he had been an engineer, and was subsequently
an attorney's clerk. All that the talented Counsel
for the defence could allege respecting him was, that
he came forward in a most degrading character, and
that the testimony of all witnesses of that class
required ample
.corroboration, and could not
otherwise be credited. Who can judge of
the effects that might have been produced
upon the jury by the withering and indig-
nant denunciation that would have been hurled
against the delinquent if the materials existed ? Most
probably his evidence would have been wholly set
aside, and the jury would have considered the other
testimony uninfluenced by any statements that fell
from his polluted lips. The matter was, however,
otherwise until the very last moment, when the
Lord Chief Justice had almost concluded his charge.
A proceeding then occurred of a very ex-
traordinary character. Mr. WHITESIDE appealed to
his Lordship to suspend his charge until a communi-
cation was made to the Attorney-General, the result
of which was, that a new witness was produced at
that stage of the proceediags, who detailed circum-
stances which, if commented upon by Mr. WRITESIDE,
might have worked a material change in the opinion
of the jury. The witness, a man named DALTON,
who had just arrived by special train from
Dublin, proved that in June last DOBBIN
had applied to him "to join the clubs, to
urge them to go further than they might other-
wise be inclined to go, to enlist recruits," &c., and
subsequently to betray those very persons whom they
had themselves seduced into crime. The spy, when
confronted with the witness, wholly denied that he
had ever seen him before, a declaration that was re-
ceived with derisive laughter from the Court. Here
then was a practical inconvenience that might have
altered the result of the trial if the prisoner
had the privilege to which he would have been en-
titled in England, and this is another ground why
mercy should be extended. We shall return to this
subject to-morow, adducing other reasons to prove
that the extreme penalty should be remitted in this
case.