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 Raw Mr. O'Brien
he went down Chapel-street to the Po ce• office,
accompanied by two persons, whom he called his body
guard, one of whom was O'Donohue, and the other
Stevens. Mr. O'Brien had a pike in his h.nd, a cloth
cap with a gold band on his head. The ~itness saw
him leave the police barrack and come hack 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
srmed 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 be 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'l)onohue and Stevens went with him.
Examination resumed—The witness did not see
Mr. O'Brien after that Thursday. Tho 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 Kickham's house, surrounded
by about 20 or 80 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. He 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 came 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 500 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 orders
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 fuur
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 8i feet
long, and the pike ab.itit 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, sit ?
Mr. WnITEsiDE—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 tho time, nor near the
house.

Police-constable IViggins 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'Donohue, all of whom came out of Mr.
Kiekhatn'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 th,, crowd.; 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, stll of
whom were armed. O'Brien bad a pistol
in his hand, and three in his breast. The
witness then detailed the conversation de.posed 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. WIIITESIDB protested against such evidence
being received, as being clearly illegal. What Mr.
Corcoran said or did could not be given, but it was
done to make an impression on the jury.
The CRIED JUSTICE directed the jury to expunge
from their notes everything relating to the Rev. Mr.
Corcoran.

went towards Carrick. After they left for Ballin-
garry, and when within about a mile of it, they met
some hundreds of persons on the road armed with
pikes and sticks, but he saw no fire-arms among them.
The two gentlemen thereon got off the car, and went
in among the crowd when they got into Ballingarry.
The crowd was up at the chapel gate, and he stopped
at the Cross, but he saw two other gentlemen amongst
them. The witness (lid not know Mr. O'Brien.
Look about you and see if you can recognise one
of the gentlemen on your car.
This witness did turn round, and after looking
round the court in every direction but where he was
expected to look, and staring at everything and
everybody but the individual he was asked to recog
nise, resumed his seat, and replied that he never saw
any of them men before.
What men ? Whom do you mean ?
Mr. WHITESIDE objected to this question being
put, and it was not repeated, but the witness con-
tinued the assertion of his total ignorance that he had
ever seen Mr. O'Brien before.
Mr. Egan examined—He knew Mr. O'Brien, or
theman said to be Smith O'Brien, whom he now saw
in the dock. He saw him at Ballingarry, but kept
no account of the day or date; it was before the fight
at the Commons. He saw him coming with a body
of men up the street from the cross of Ballingarry
towards the chapel-gate. He could not say if he were
armed; he saw a pistol, or something like it in his
breast, but he could not say what it was. He spoke
to the people; told them he was in dread of being
taken by a warrant from England or somewhere, but
he could not recollect anything more. Another
person whom he named was Dillon, also spoke some •
thing of the same nature, but he did not recollect
the words. After the speeches were over Mr.
O'Brien and the others went into the chapel-yard,
when he said he wanted so many persons for the night
to guard him. He heard that twenty of them, or
thereabouts, acted as his guard, but he did not see
them at all. The witness did not stop with them at
all ; they might have been armed, but he did not see
them. He saw Mr. Doheny with Mr. O'Brien, but
he did not hear them speak to each other. They
went up a hill near the town, after they met, but he
could not say how long they remained there, as he
went home. On the next morning he saw Mr.
O'Brien in the street walking, accompanied by three
or four persons who were strangers to him, and he
could not, therefore, tell their names. He saw two
of them, however, since ; one of whom, he heard,
was M'Manus, and the other O'Donohue. That was
what they were called.
Mr. Warresine objected to that evidence as a
proper identification.
The CHIEF JUSTICE concurred with him, upon
which the Crown proposed to bring forward either
the two prisoners or the man who saw the witness
identify them.
Examination resumed—They went with a mob
through the town, some of whom used to go into
their houses and come out again. They were not in
any order that he could see, nor did he take any
notice ,if they were getting orders from anybody.
He saw some guns down the street with some of them
by the time they were leaving Ballingarry, and after
that he did not see Mr. O'Brien.
To a juror—lle saw a crowd down the street, and
some of the men were armed with guns and pikes.
This witness was not cross-examined, and through-
out gave his testimony with great reluctance. He
was a farmer of the humbler class.
John Kavanagh examined—He kept a shop in
Ballingarry, and remembered six or seven gentlemen
coming to his house on Wednesday, the 27th of July.
He did not know any of them before.
Turn about, sir, and see if any of them are in
the dock.
The witness did so, and, like the carman, took a
view of everything in court, but scarcely felt him-
self called on to look at the dock.
The ATTORNEY-GENERAL—Do you see the dock,
sir ? I do, sir.
Do you see any one there who came to your house
on the day in question. Witness—Not to my know-
ledge. They remained in his house all night, and
ate and drank there, but he only went up once to see
them, when he found one flung on a bed here, an-
other there—some sitting and some standing. They
got something to eat at his house, for a dinner was
prepared for them by his wife and servant maid.
They had pork chops and mutton chops for dinner.
It was broad daylight when they came, and went up-
stairs without asking his leave, except one, who said
" I'll be your guest for the night." The witness was
in too great agitation at the time to say they'd come
into his place. He did not see any arms at that
time; but in the course of the evening saw something
in one man's hand which appeared like a gun. It
was a gun, and during the evening they were passing
in and out through his shop, and he was standing be-
hind his counter, but he did not know if he should
again know them. About an hour and a half before
they came in, he saw a great crowd in "the street,
some of whom were armed. All the gentlemen were
in one room, and some of them left in the morning
about six o'clock. He did not know whether all of
them returned, but breakfast was prepared for some
of them. The witness saw some of them leave his
house early, and others about eleven o'clock. A few
returned on Friday evening, he thought two or three,
but he could not say if they belonged to the firs
party who came.

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.

- Were you paid for the dinner and breakfast got ?
They bought some stockings, and threw a sovereign
on the table.

Now I wish to ask you a plain question, and I
wish you to give a distinct answer. Were any of
those who came to you on Friday evening connected
with the party who came on Wednesday ?—Not that
I know ; I was so much agitated that they should
come to me a second time.

• To a juror—He was in agitation that they should
come to his place at all, and was frightened because
he thought they should do something to him, and
in consequence of the mob he saw outside the doors.
The witness then withdrew, but was called back
to answer a juror—He was agitated not because the
mob outside did anything, but because they should
come to his place at all, and he told them so; when
one of them said it made no difference.
Mary Egan, a servant of the last witness examined
—She remembered the evening:in July some persons,
she did not know if they were gentlemen or not,
came to the house. She was not in when they came,
but saw them afterwards in their bedrooms. They
had dinner brought up to them by witness, but at
that time they were not in the room, and he sup-
posed they were in the bed-room. There were three
rooms up stairs, one of which was a parlour, and the
other two bed-rooms. Mr. and Mrs. Kavanagh occu •
pied one, and any lodger that came the other. She
only left the dinner on the table, but saw no one.
She laid plates fir eight, and cooked the dinner, but
never went in afterwards. They had nothing to
drink but water at dinner, and afterwards, when she
was cleaning the room, they were in it. Her master
and mistress, she believed, occupied their own room,
and she herself occupied the kitchen lobby. They
had breakfast in the same room brought up by the
witness, but she did not see any person in the room,
for she only laid the things on the table and then went
away.
Would you know any of those gentlemen who were
there P—l don't think I would. I know I wouldn't,
for I iiHn't see them. She remembered the fight at
Farrinrory, but could not recollect if any of the gen-
tlemen who stopped at the house came back after that.
Turn round, now, anti see if you know any one in
the dock—The witness did so, and stated she had no
recollection whatever of any person she saw there.
Her mistress, she said, was very unwell at present.
This witness was not cross-examined.

To a juror—It had no military emblems on it, nor
was it like a gentleman's travelling cap.
Michael Ryan examined—lie was in the habit of
driving a car, and remembered being sent for to
bring a car to (Mr. ISickham'b) his master's house.
Two -gentlemen-now got on it, and they proceeded
in the direction of Nine-mile 'louse, 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. lie did not know
what o'clock it was when they went ill the direction
of Ballingarry, but it was ten o'clock when they

James Norton examined—He-livedin July last in
Ballingarry, and remembered Wednesday, the 26th
of July last. He heard the chapel bell ringing early
in the morning, but it was not for prayers. On the
Tuesday evening previous he saw bonfires blazing
from the hills, and several in the immediate neigh-
bourhood of Slievenamon. About twelve o'clock on
Wednesday he saw about 150 persons going from the
town, i❑ the direction of Mullinahone. He only took
particular notice of one man who came to him while
he stood at his gate, and was armed with a gun. On
the evening of the same day he saw a party coming
back to Ballingarry, who went up the town. He
knew the piers at the chapel gate, near which he said
a gentleman got on a wall.
Turn about now, and see if that gentleman be in
the dock.
Before I do so, it is right I should say that
since I came into court two gentlemen told me,
and pointed out Mr. O'Brien, saying, " There is Mr.
O'Brien." Before that I did not know him.
Turn round now, and say, did you see that gentle-
man in Ballingarry ?—I did nut, sir, so as to recol-
lect him.
Did you hear any gentleman speak from the wall ?
Mr. Wurrasinia objected to such a question
being put.
The CHIEF JUSTICE said there could be no objec-
tion to ask such a question.
Examination resumed—lit heard a man speak from
the wall, whom he believed to I'e a gentleman, but he
did not observe whether he was armed or not, or how
be was dressed.

George Sparrow deposed that he rlsided near Bal-
lingarry, and remembered being there on Thursday,
the 27th July, when he saw the prisoner' in the dock,
Mr. S. O'Brien. It was between eleven owl twelve

o'clock, and there were with him from 400_t0.500

from Mr. O'Brien, and when inside the doors pre-
sented the muzzles of their guns out into the streets,
while the pikemen were ranged across them. This
was going on for a couple of hours up and down the
street. O'Brien had a belt and a case of pistols, and
Dillon another. He did not know Mr. Meagher, but
he heard his name called out then. Mr. O'Brien had
a green cap with gold lace around it, and after the
drilling he pointed to one of the men, namely, John
Cormick, saying he should be a commander, and ready
whenever called on with the rest. lie called him
Lieutenant-Colonel M'Cormick.—(A laugh.) He
also said that Cunningham should be one, after which
Cunningham told the people to go and get arms, and if
the farmers did not give them, or if they knew where
they were, to go and take them, and mark them. Mr.
O'Brien left Ballingarry shortly after, about 2 o'clock,
on a common car, going in the direction of New Bir-
mingham, but turned back at Jack Bryan's cross, about
three-quarters of a mile from Ballingarry. Armed
men went before the car, and pikes behind it, and
Mr. Dillon rode after it on horseback. There were
400 or 500 with it. The witness saw all this, be-
cause he had been in the village, and was going in
that direction home. Shortly after this a gentleman
on horseback came up to Mr. O'Brien, and de-
livered him a letter at the Cross, which, after read-
ing, he turned off in the direction of Mullinahone.
The armed men accompanied him, but the mob went
away.
Cross-examined by Mr. WHITESIDB—His father-
in-law was a farmer, but now in the police, and the
witness himself had no occupation whatever. He did
not expect to get any remuneration whatever for his
evidence. He swore two informations, between which
there were thirty-four days; and swore the last at
the instance of Mr. Fitzmaurice, who was, he believed
a stipendiary magistrate.
John O'Donnell was next produced; but on
coming on the table refused to be sworn. He was
a respectable-looking man, and much above the
better class of farmers. On the oath being ad-
ministered, he exclaimed with much vehemence,
that they might place him before a file of soldiers,
and shoot him, but while there was a heart there
(laying his hand on his breast), he would never give
evidence.
The ATTORNEY-GENERAL applied to their Lord-
ships that the witness be taken into custody for re-
fusing to give evidence.
The CHIEF JUSTICE—Do you refuse to be sworn ?
The witness, in a firm tone—My Lords, my brother
is concerned in these trials, and let the law take its
course; he would not give evidence.
The CHIEF JUSTICE—If you do not you shall
answer for it. Take him into custody.
The ATTORNEY-GENERAL—It is right I should
say, my Lords, that I do not propose to examine the
witness against his brother, but only on the present
trial.

The witneas—l'll not go home to my family after
being a witness here. I'll not be a witness directly
or indirectly; let the law take its course.
The witness was then removed in custody.
Thomas Burke, a farmer's labourer, and one who
joined the insurgents, was next sworn—He remem-
bered the Wednesday at Ballingary, in July last,
when he went to Mullinahone,with above fifty others.
They were all of them armed. Some of them had
guns, some of them had pikes and pitchforks, and
others scythes. They met another party within
about three miles of Mullinahone ; after which they
came back to Ballingarry. The man they said was
Mr. S. O'Brien was present that day, and several
other gentlemen, but he could not say how many.
When they came back to Ballingarry he made a
speech there; and M'Corrnick commanded the men.
The witness did not know Mr. Doheny ; and he
heard Mr. O'Brien say that if the farmers or people
did not give up their arms to take them, and that
they should keep those they had, for the time was
come when they were called on to use them. Mr.
Smith O'Brien stopped at John Kavanagh's that night,
and of those that followed him into the chapel yard,
some of them were armed, and some not. While
there a man came on horseback, and rode into the
chapel yard, but witness did not go in. The next
morning he saw Mr. O'Brien, about nine o'clock,
coining out of Kavanagh's; a great number of people
were in the street, some armed, and some not. Mr.
M'Manus, about an hour after, rode in on a horse,
and a man named M'Carthy was drilling men in the
lower part of the town. As soon as M‘Manus
came he joined M'Carthy in drilling; and about
eleven o'clock he saw O'Brien with them; the num-
ber of armed men was not at that time more than
sixty. M'Manus had a pistol in a belt round his
waist; M'Carthy a gun; and another a dagger and a
pistol. O'Brien ordered them to go into a garden,
upon which they presented their guns, over the
ditch towards the road, then they ran up the road ;
and after being drilled about an hour and a half, left
for Mullinahone. That was about two or three
o'clock. The next time he saw Mr. O'Brien was on
Saturday, at Farrinrory, at Mrs. M'Cormack's house,
which was about two and a half or three miles from
Ballingarry.' When witness got there the police were
in the house and about it. A number of persons ar-
rived with guns, pitchforks, and pikes. As far as he
could safely say, there were about 30 or 400 over
and better in every place. He also saw gentlemen
there armed, and recognised among them some he
had seen in Ballingarry. He saw Mr. S. O'Brien,
Mr. M'Manus, and the small gentleman who had the
daggers and was drilling the men in Ballingarry.
The gentlemen were trying to make the police give
up their arms, as far as he could see. He saw John
M'Cormack at Farrinrory, but he was not armed.
The witness was behind a garden wall when he saw
the men outside firing in, and a man knocked down
by his side by those within, who was killed. He saw
Mr. O'Brien on the window stool, speaking to the
police inside, accompanied by another man. Tt3at
was before the firing took place, and at the time it
heard M‘Manus cry out to burn the took place I
house. He could not, however, understand what
Mr. O'Brien said, but he appeared to be speaking.
Cross•exiimined by Mr. FITZGERALD—He was a
summons server at the Petty Sessions, and was ap-
prehended in Ballingarry, but he did not hear he was
to be prosecuted.
Thomas Sullivan examined—This boy was a car-
driver, and deposed to his having driven Mr. O'Brien,
Mr. O'Donohue, and Mr. Dillon Browne—(A laugh)
—from a place called Cappouge to Ballingarry. At
least ho heard them call him by that name. He saw
arms with Mr. Smith O'Brien, but he did 'not know
if the others had any. The witness further proved
that he drove them afterwards to Killenaule, and
identified Mr. O'Brien as one of them.
Thomas Walsh examined—He kept an hotel at
Killenaule, and remembered hearing of some gentle-
men coming to his house in July last, but he was
then in bed.
Turn round and see if you know the gentleman
who is looking at you in the dock.—l don't know
whether Ido or not. I know the gaoler—(Laughter)
but Ido not know that gentleman. The witness
continued to say that he was about his shop on the
day in question, and did not mind any one who came
there; besides, the town was in such a dreadful state.
that he and his wife left it on the day of the barr
cedes.

Mr. WHITESIDE contended that the Attorney-
General had no right to scold this witness.
The witness—He may scold away.—(Laughter.)
Examination resutned—They paid him laa. the
next day, and left town on his car, but he did not
see them. He knew Mr. Doheny, the barrister, about
three years ago, but he was not in his house in the
month of July.
T. Mathew deposed that be lived in Killenaule, and
was there the day the barricades were thrown up. Be
saw Mr. S. O'Brien, and believed it occurred about
one or two o'clock. There were four others with him,
one of whom wore a plaid scarf like across his
shoulders,. and another a patent belt with a pistol.
Mr. O'Brien, when he saw him, had a pistol in his
hand, and another a rifle on his shoulder. The barri-
cade was at the lower end of the street, the hotel at
the other, and he saw them walk down from one to
the other. The road at which it was erected led from
Fethard to Killenaule. The witness saw two of them
armed standing at Walsh's door, and after the chapel
bell was rung several country people came into the
town with scythes and pitchforks, but only four pikes.
He saw them making the barricade about eleven
o'clock. Two officers passed by in a gig, immediately
after which the barricade was constructed of jaunting
cars and carts, some of which were filled with turf.
After the troops were let pass through, Mr. Dillon
walked with the officer through the town and cleared
him through ; it might be a quarter of an hour from
the time the barricade was erected until the military
passed. Mr. O'Brien was, at this time, at the upper
end of the street, but he did not go up.
Richard Shee a farmer's hibourer, then appeared on
the table, and refused to be sworn, upon which,
The 11E1' JUSTICE addressing him said, your
omitting to take the oath is a contempt of this court,
and I am bound, therefore, to tell you that unless you
do so, I will commit you to gaol.
The witness—Do so—l will never give evidence.
He was then committed to gaol.
Wm. Parsons examined—He belonged to a party
of the Bth Hussars, who marched from Fethard
through Killenaule on the day in question, under the
command of Captain Longmore. The witness was
in the advanced guard, and was stopped in his passage
by the barricade made of big trees, cars, and carts,
There was a second erected four hundred or five
hundred yards further on, and behind them were
three hundred or four hundred men armed with
scythes, guns, pikes, and other weapons. As soon as
the witness advanced, two men came up, one with a
pike, and another with a rifle, and the man with the
rifle said if he did not halt he would blow his brains
out. The man that had the rifle said they would
kill all the b-- soldiers, and the witness waited 1
until the captain came up. He thought the time he I
reached the barricade was between nine and ten in
the morning, and they were delayed for nine or ten

persons. There were others with him, some of whom
were armed with guns, pistols, blunderbusses, pikes,
pitchforks, and scythes. Mr. O'Brien and those with
him were drilling the people, who were divided into
three parts. Mr. O'Brien was drilling them all in
the commencement, and then Mr. Dillon and Mr.

Meagher commenced also. They were marching up
and down the streets, and the persons who had
their arms went into the houses at each side of

minutes.
Orchard.

the street on receiving some word of ccmmand

TIIE SUN, LONDON, WEDNESDAY EVENING-, OCTOBER 4, 1848.

The man who levelled the carbine was

Cross-examined by Mr. WurrEsiDE—But the only
thing elicited was, that he had not swurn in his infor-
mations of the fact that Orchard presented the blun-
derbuss at him.

Mr. WHITESIDE—Go away, you are a disgrace to
the British army.
Mr. :HATCHELL replied that such an observation
was most unjustifiable.

The CHIEF JUSTICE observed, that Mr. Whiteside
must himself see that the observation was uncalled
for, and that the man did nothing either disgraceful
to himself as a man, or to the British army.
Mr. WHITESIDE could see nothing of the kind, and
he had always heard judges animadvert very strongly
on witnesses whose parole evidence differed from their
sworn informations.

Captain Lon,_more deposed that he commanded a
troop of the Bth llussars on the day the barricades
interpo.ied to prevent their passing at Killenaule. As
soon as he saw there he commanded the troop to halt,
and rode up, stating that if they were not removed he
would order his men to fire. A tall sallow man,
dressed in black, came in front, and said he under-
stool the troop was only passing through, but if they
came to arrest Smith O'Brien, who was in town, the
people were determined to resist. lie further asked
if witness had a warrant, and he replied, "No."
Upon which he ordered the barricades to be removed,
and the troop passed through.
Cross-examined by Mr. WHITESIDE —Mr. S.
O'Brien was not at the barricade, nor did the gentle-
man who addressed him appear armed ; and after
he said he had no warrant he was allowed to pass. He
should observe that that was before the Lord• Lie-
utenant's proclamation authorised the troops to act
against armed persons, and before certain persons
were declared to be guilty of high treason.
William Cashin examined—lle was a car-driver,
employed by Walsh, at Killenaule, and deposed to
his having driven three gentlemen from Killenaule
to Ballingarry, but he did not know that one of
them was Mr. S. O'Brien, nor could he now identify
him.

MaryGlacken examined—She lived on the commons
of Boulagh, and remembered the day the firing com•
menced at the widow Cormack's; she also remem-
bered gentlemen coming to her house on the Friday
night before—five she believed, for they engaged five
beds from her, but she did not see them, as she went
to bed early. She was taken to Dublin to identify
them, but could not.

Mr. Pimlet deposed that he worked a colliery of
Mr. Barker's, and lived at a place called Bonlea,
which was an English mile from the common. The
witness remembered the Saturday the firing took
place. He also remembered seeing Mr. O'Brien
on the previous evening at Sullivan's public-
house. He saw him take off his hat and put
on a cap with a gold band. There were seven,
or eight, or nine with him. He heard Mr.
O'Brien read a letter outside the house, but he did
not remember its contents. After reading it he
called a gentleman (Mr. Meagher), who got up
on the side of the car, and said the same thing that
would happen them, would happen all present. He
told them to be in readiness in three weeks, when
the wisp would be lit over the hills. That was said
to a crowd of 150, and another said five weeks, when
they should fight for their country and have it. They
must hunt every English b--, or beggar, he did
not know which he said, to his own country. The
witness did not go to the common on Saturday at all,
but he aaw Mr. O'Brien in the evening passing his
house with two men, going in the direction of Kil-
cooley. On the morning of the firing at the common
a gun was taken from him.

Thomas Pemberton deposed that he was one of
the superintendents of the colliery; he saw Mr.
O'Brien there on Friday, when he said that if
the company stood neutral he would support them ;
but if they offered to suspend the works in con-
sequence of the people following him, he would
work them himself. He said he would have Ireland
rescued from the British Government in less than a
week, that they were all ready in the towns, and as
far as he had travelled in the country they were all of
the same mind. He added, that if he was caught he
would be hung, immediately after which he went to
the common on business. He saw them also in the
evening, when they addressed the people on the com-
mon, and when Mr. Meagher said that since he be
came a gentleman h• ceased to be an outlaw.

Another witness was about to be sworn, when
Mr. O'Brien said he did not think it would be
doing justice to his counsel, who were necessarily fa-
tigued, nor to him, who was deprived of the opportu
nity of consulting them, if their Lordships proceeded
further that evening. It was then half-past six
o'clock, and his counsel must necessarily feel fatigued.
The CHiEr JUSTICE at once complied with the re-
quest made ; upon which
Mr. O'Brien again said that he publicly thanked
their Lordships for complying with his request.
The Court then adjourned at half-past six o'clock.

LAW INTELLIGENCE.
PREROGATIVE COURT, Oct. 3.
This was one of the caveat and extra court days
after Trinity Term.
The COURT (Dr. Haggard presiding) disposed of
about a dozen motions, most of them questions
arising under the Wills Act, the provisions of which
testators seem to indulge in a perverse desire to evade.
Nothing more is necessary to the due execution of a
will of personalty than that it should be signed by
the testator at the foot or end, in the presence of two
witnesses, present at the same time (acknowledgment
being the same as signing), who are to attest and sub-
scribe the same.

POLICE INTELLIGENCE,
MANSION-HOUSE.

James Jennings Smith, first engineer, and Alexander
Reid, second engineer, of the Lion steamer, trading
between London and Holland, and John James. David
Gillen, James Payne, John Kelly, Robert Barclay,
Edward Sorrell, and John M'Donald, firemen and
trimmers, were brought up for final examination, upon
the charge of a piratical revolt.
Mr. Pelham attended for the prosecution, and Mr.
Smith defended the prisoners.
The LORD MAYOR said, having strictly investigated
the case and examined the evidence for the prosTi

kvery flagrant case, particu •
it appears to me to be a .
tic; at considerable length, I am bound to say that
pealengineer.
within the
The ques
larly upontiotnheisp,a,r,thoefth
states, amongst
Se
doesrmiltth th
nutthe
pr
icnocmi
make a revolt
its clauses, that men who endeavour to
11th and 12th William 111., which
s.
The question with me is whether the persons at the
in a ship shall be deemed pirates, felons, and robber
bar are not comprehended within the meaning of that
Act. The circumstances are, in my opinion, most
unjustifiable. Nothing can be worse upon the part
of persons engaged in a vessel than the course pursued
by the prisoners. According to the evidence before
me there was a ship with a large and most valuable
cargo of perishable articles. She was in port, and
could only sail at particular periods, and an order
was issued for her departure at nine o'clock on the
16th of September, and when the fires were lighted,
and the captain expected to depart at the appointed
hour, the course of the vessel was stopped by the
first engineer because his authority to ship baskets
of poultry for himself was disputed. What does
the first engineer do ? He takes the command
of the vessel himself, for he orders the fires to
be put out, and he incites the men to leave her.
More daring conduct never came under my observa-
tion. The ship thus left without those whose duty
it was to work her is unable to proceed. Efforts are
made to induce Smith, and those who were led by his
example, to return to their duty. The attempt
proves ineffectual, and the captain is obliged to get
other men to navigate her at great expense to the
owners. In the object and course of this dispute,
whatever annoyance the first engineer might have
been subjected to, there was no sort of justification
for the course he adopted. The point of law which
the solicitor for the prisoner has brought forward
must be submitted to a higher tribunal, before which
I feel it my duty to send so flagrant a case for further
investigation. I shall give Smith, as well as the rest
of the prisoners, the opportunity of giving in bail for
their appearance at the next sessions of the Central
Criminal Court, but as I consider Smith to be the
ringleader, Isbell require him to bail himself in the
sum of 1001., and two sureties in 501. each. I shall
require of Reid, James, and Gillen, as next in crimi-
nality, bail in 401. each, and two sureties in 201. each,
and of Payne, Kelly, Barclay, Sorrell, and .M`Donald
bail in 401., and one surety in 201.
The depositions were then signed, and the prisoners
were committed for trial. They are to give 24 hours'
notice of bail.

GUILDHALL.
A respectably-dressed man named James Hare, of
No. 11, President-street, King's square, was placed
at the bar in custody of Richard Cook, 346, on the
charge of obtaining under false pretences four shawls
and one length of satinet, of the value of 8/.
During the time the evidence was being taken
d?wa the Court was crowded with tradesmen in the
City who had been victimised to a very considerable
extent by the prisoner, who, there was not the slightest
doubt, was connected with others.
Mr. R. Farmer, of No. 16, Ludgate-hill, said on
the 19th of August the prisoner came to my shop
and said he was going into the country, and should
be glad if I would let him take four shawls, as he had
an opportunity to dispose of two of them. I replied
that perhaps it would be better if he went to a whole-
sale house, where he would get them cheaper than
from me, but he said he did not know where to go
to get the precise sized shawl. Having known him
for some years, I at last ordered my assistant to let
him have them, and on being asked for his address he
gave his residence as being et King's-square, Goswell-
street, and went away with tl,l articles. On the
Monday following he again called while I was 6

absent, and informed my assistant that he had sold
two of the shawls, and that he had no doubt he could
sell the others, but that he wanted a length of black
satinet for one of them.

It was intimated that another prisoner, who was at
the Alansion•house, was to be brought here for the
purpose of implicating him in the transactions with
Hare, and, accordingly, the case was adjourned for a
short time, when a young man named Charles
Rehden was placed in the dock, and
Michael Haydon, 21, of the City detective force,
deposed to the following effect :—I charge Rehden
with obtaining three sovereigns from me under false
pretences. At eleven o'clock this morning I met the
prisoner, by appointment, in Red Lion-street, John-
street-road, Islington, for the purpose of receiving
information to enable me to apprehend the prisoner
Hare. Rehden said, "If you place in my hand three
sovereigns I will give you information which will
enable you to take Hare.'' I said, "If you enable me
to recover the property I will do so." He replied
that he would ; upon which I placed the money in his
hands, when he turned round with:a laugh, and said
I might go to the station house, and I should there
find him in custody. I asked him to return the
money, when he told me I might do my best
and worst, for that he should not return it ; in
consequence of which I took him into custody, and
on being searched at the Bow-lane station I found,
among other things, a duplicate relating to a piece of
satin belonging to a person now present, but which
he said had been given to him by Hare. I then went
to his lodgings in Fowler-street West, and saw his
mother and sister, who pointed out a portmanteau to
me. It was in the prisoner's room, and was repre-
sented as belonging to Hare. I took possession of it,
and Webb, another officer who accompanied me, had
a desk. In the portmanteau I found a number of
duplicates to the amount of between fifty and sixty.
When I conversed with Rehden on the previous day,
he told me that he knew where the duplicates were,
as also where the portmanteau, but would not tell me
until he got the money. I got the information from
the prisoner that Hare was in custody after he got
the money. I got other information after he was in
custody, but not from the prisoner.
Rehden—l told you at the station-house where the
portmanteau was.
__ _

Heydon—l ou did not. I found 58 duplicates of
different kinds of property, a number of which were
pledged in the name of Rehden ; and I afro found the
various invoices relating to that property, a portion of
which could ba identified by persons now present.
At any rate, I think if they were remanded I could
establish between twenty and thirty against them.
A number of tradesmen here said they had been
swindled in a similar manner.

Alderman MooN asked the prisoners if they wished
to say anything ?
Rehden said that he certainly pawned some of the
things, as the other prisoner, who was a distant
relation, said they were the remains of his bankrupt
stock.

Alderman MOON said the charge was of so serious
a nature, and it having, as far as the evidence went,
been proved that a regular system of swindling had
been carried on, that he must remand them both until
Tuesday next.
Rehden asked to be admitted to bail, but his appli-
cation was refused.

Hare then made a similar request, when a general
laugh throughout the court took place, in which he
himself joined, but as a matter of course, that was
refused also.

BOW-STREET.

Thomas Phillips and William Cremar were brough,
before Mr. Henry, the former charged with stealing,
and the latter with feloniously receiving, a kilderkin
of beer, the property of Sir Henry Meux and Co.
The prisoner Phillips, a drayman in the service of
the above firm, was sent out with six hogsheads of
porter on the 21st of August, to be taken to St. Pan-
cras Workhouse. He was accompanied by a lad em-
ployed at the brewery, who saw that, in addition to
the six hogsheads, a kilderkin of beer had been put
up at the back of the dray, which Phillips took down
and left at a beershop near the tollgate, called the
Jolly Brewers, kept by the other prisoner, Cremar.
On receiving information of the circumstance, Mr.
Jenkins, a storehouse clerk in the employ of Messrs.
Meux, had a conversation with Phillips upon the sub-
ject, during which the latter made several important
admissions, and he then went to Cremar's house for a
similar purpose. Seeing a cask there with the brand-
mark of Sir H. Meux and Co. obliterated, he asked
the prisoner what sort of beer it was ? He re-
plied that it was " Scotch stout." Jenkins informed
him that there was no such thing as " Scotch stout,"
all the stout in Scotland being sent up from London ;
and then asked him if he did not occasionally have
beer from Meux and Co. The prisoner stated that
he never did, and also that he knew none of the men
in their employ ; but several conflicting statements
were afterwards elicited from him, the result being
that Jenkins gave him into custody.
Matilda Wilson, a young married woman, who
stated that Cremar was her mother's tenant, proved
that she had frequently seen barrels or casks brought
to the prisoner's house by Meux and Co.'s draymen,
sometimes in rubbish carts. She had seen a man
named Bath obliterate the brand-marks from the
casks, and take them to a cooper's in St. Pancras-
road, named Austiss.
Austiss stated that be had been in the habit of
buying casks of Bath, who had sold him a great
many from time to time, at is. 6d. or 2s. Gd. each,
according to their size.
During the examination it transpired that some
of Messrs. Barclay's casks were found at Cremar's,
although he had had no dealings with the firm. It
also appeared evident that, in addition to the prisoners
already committed from this court (and two of whom
have been convicted at the Old Bailey), many others
are implicated, to a greater or lesser extent, in the
systematic robberies which have been carried on for
a long time past on the premises of Sir H. Meux
and Co., if not likewise at the other large breweries
in London.

Mr. HENRY committed the prisoners for trial.-
They said nothing in their defence.

MARLBOROUGH-STREET.

After the committal of James Gardiner, otherwise
Butter, House, Straubenzee, and Co , E. H. Green,
and numerous other names, for stealing a 501. bill
from Mr. Firmin, of WOrthing, the following im-
portant additional evidence was brought forward :
Mr. Bowley, a clerk in the house of Coutts and
Co., said an account was opened with their house some
time ago by a person who described himself as E. H.
Green, of George-street, Portman-square, which ac-
count had been closed for some time past. Witness
had no knowledge of the prisoner.
Mr. Thomas Henry Ambrose, solicitor, Mecklen-
burgh- square, produced a bill for '5Ol, which proved
t. be the bill stolen from Mr. lirman by the pri-
soner Gardiner, under pretence of getting it dis-
counted. The bill came into his possession in the
following way :—A person named Morton owed
him some money. Morton a few months ago called
upon him,' and producing two bills, one of which
was the 501. bill of Mr. Firman, he told him to take
his account out of those bills, and to let him have an
advance on the balance, as the two bills very much
exceeded the sum owing. Witness advanced 301. to
Morton on the security of the bills, one of which,
the 501. bill, was now overdue. Witness did not know
where Morton was now to be found.
The prisoner, who was produced at this fresh ex-
amination, declined to give any exp!anation, and he
was then fully committed.

MARYLEBONE.
James Langley, Mary Jeffrey Quartz, and Jane
Charlton, the latter of whom was servant to Mr.
Marshall, 21, Edgeware-road, were brought up for
final examination before Mr. Long, on the charge of
having been concerned in an extensive robbery of
plate, jewellery, &c., belonging to Mr. Marshall.
None of the stolen plate has yet been traced. Quartz
was discharged, and the other two prisoners were
committed for trial.