The Sun.
London, England, 1848-05-17 00:00:00

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for the traverser knew that passage was in the informa-
tion, and was aware of the construction put upon it by
the Crown, and yet not a word was said by him in quali-
fication of its being so used, and with that meaning
standing on the record uncontroverted, if you believe
the witness, the sedition charged in the very terms of
that information is established.
Mr. BUTT—I left that to the jury, to judge for them-
selves.

[PRICE SD.
L

CHIEF JUSTICE—Just so, and a great many other
things. I now come to the passage in his speech in
which he advised them to fraternize with the French.
I will not again advert to the meaning which the
word " fraternize" is intended to bear, but merely
observe., that in the whole of this speech it is another
word for co-operation and assistance. If you can
give it any otber meaning, I am free to say you
are at-hberty to do so. Nay, more, if you give it a
meaning different from ,that which I give it, you are
bound to reject my meaning and adopt your own. From
that speech it appeared that it was his opinion that in
case of an invasion, the Queen's subjects in Ireland
should do their duty provided they were granted their
own Parliament. That language (subject, I shall say,
to your better judgment) appears to me to be perfectly
unequivocal, and a direct threat that unless the repeal of
the union is conceded the loyalty of the Irish is no longer
to be calculated upon. Nay, that they would rather
regard as friends than intruders the common enemy of
the country. Ile then goes on to make use of language
the plain object of which is to induce his hearers,
and those who may read his speech, to believe that. -
those who exercise the powers of government in France
are perfectly prepared to aid them in their project.
What other object could there be than the intimidation
of the persons who, either as Members of Parlia-
ment or members of the Government, were to judge of
this question of the repeal of the union? He next
suggests the formation of what is called an Irish brigade,
to be paid and disciplined in a foreign country; and
gives an advice that those who hear him shall attend to
be delivered, as a preliminary to the formation of a
National Guard. Now, on my mind (subject to your
better judgment), those are nothing more than a detail
of hostile means and threats of foreign force and
assistance, the object of which is to accomplish the
utter overthrow of the Imperial Legislature, but that
opinion is not to control yours; and if you come to a dif-
ferent conclusion, then your verdict will be according to
your views, and not according to mine. I have next to
call your attention to the parts of the speech that are
omitted; and, with one exception, I have not heard a pas-
sage read which either qualifies, retracts, or explains the
parts that are set forth in the information. The only pas-
sage which appears to be relied upon by the traverser's
counsel has been that which speaks of the intention of
the people to arm as a means of preserving themselves
against the aggressions of the Government. I must say
with respect to that, that is not only highly improbable,
neither
cause
intention to the Government. If, gentlemen, you will
take the trouble of going over the remainder of the
speech as I have done, I think you will find that so far
from the parts omitted either qualifying or contradicting
but it is grossly libellous in itself, to impute any such
is, and exciting
anything in the portions of the speech set out in the
and the very same injunctions with regard to the defence
that has been made, and the speeches that have been
informeatsiowno,r oathsoisnayroeuirterationofthe very sane opinion
quoted in condemnation of the legislative union. It is
31.sonuoatrto be repealed, has no connexion with the question
as it is, I wish you to look upon it on its
, whether mpyortpi
ornotvhoi
that
tc province or
measure
yuuorryea
whether
be
to
droi
greehntttierorelrduwiriotlohnlnesgt
to try. .
conclusion—that 'at important and interesting as this case
After a
own merits, and to d'
dices which may haveischarge your minds of any preju-
dices
court; and I
trust
result that your verdict may do justice
ahyemti:isbein
impressions. of your own sober and impas-
sioned,
Foreman
ei sm
oa
nr
asked the Chief Justice
into their consideration those
they ought not to take
Mr. O'Brien which were not portions of the speech of
trial ? submitted to them on the
The CHIE? JUSTICE directed those jurors whohad left
the
the box to be recalled, and then told them
might consider that portion of the speeuhufthtahte they
verser where he condemned the riots in London, t:nad.
praised the order which characterised the French Revo-
lution.

Whilst the jury were absent a great number of persons,
including ladies, remained in court in anxious expecta-
tion of the result.

Shortly before seven o'clock the jury returned into
their box, and Chief Justice Blackburn being sent for,
now re-appeared on the bench.
The Foreman, Mr. Fitzgerald, said—My Lord, the
jury have not agreed to a verdict.
The ChM JUSTICE—WeII, gentlemen, it is better to
adjourn the court, say until ten o'clock at night.
The Foreman—My Lord, there is no probability of
our agreeing even then.

The CI:RIF JUSTICE—The jury may now retire.
The jury having returned to their room,
Sir C. O'LOGHLEN suggested that ten o'clock should
be fixed. This was agreed upon, and bailiffs were sworn
to permit no communication with the jury. The court
was soon after empty.
During the entire evening immense crowds continued
outside the courts.

F Shortly after seven o'clock Mr. Smith O'Brien and
some friends appeared outside, and the disagreement of
the jury being then known tremendous cheering
arose. As Mr. O'Brien proceeded along Ormond-quay,
vast crowds followed, cheering all the way to his re-
sidence in Westland-row, where he appeared at a
window of Gilbert's Hotel, and addressed the populace,
congratulating them on the prospects of the popular
cause, and the good order that had prevailed during the
day.

ADJOURNMENT OF THE COURT-THE JURY

LOCKED UP FOR THE NIGHT.
At ten o'clock P.M., the Chief Justice came into court,
when the jury were called into the box. The Foreman
stated there was not the least probability of their
agreeing to a verdict.

—CHIEF JUSTICE—WeII, Mr. Attorney, have you any-
thing to say ?
The ATTOREY.GENERAL—No, my Lord.
Mr. BUTT—My Lord --
CHIEF JUSTICE—I cannot hear anything from you,
Mr. Butt.

A Juror—My Lord, ere we to be locked up for the
night ?
CHIEF JUSTlCE—Certainly.
A Juror—Well, my Lord, I hope you will order us
refreshments.
CHIEF JUSTICZ—No, it is impossible I can ordar you
any refreshments. I adjourn the court to ten o'clock
tomorrow morning.
The jury were then locked up for the night; the
portly gentlema❑ who asked for the refreshments left
the box with despair evidently depicted on his counte-
nance.