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

:Are bound to take as the true meianing of the ',Usage I
am about to read. He says, "I cannot believe that
..1,Q,90Q me; clad in their native green, would be found
to he the enemies6r Ireland." 7:46 Learned Counsel
%r the traverser -kslew--that passnesips in thainfqp3s-r,
tion, and was aware of the construction:put upon ft try-'
the Crown, and yet not.a word was said by him is quali-
fication of its bag so used,. and with that imeming
standing on .the, record,uncontrOverted,--if,-you believe
the witness, the
_sedition charged in th,v,ty9l7, 'tor_
that information is established. •

• c- •
Mr. Burr—l left that to the jury* tajadge.lor-theta*:,

selves.
"Cater JusTicz—Just • so, and a 'great- Dia§ oUieii
things. I now , come. .to the pisaige, itt Isisspeech in iF)
vehichrhe advised.' them to ,fraternize witirtlie
I will not again; advert .to the , meaning!" whitih: the id ,af.
word
,"fraternize" is intended to bear,-butimerelyLu%ll--
-of, eiv!e, that in the whole of • this speech: it 4 another A
• word for co-operation, and • : assisianeS:-7 -.47 you can A . give: it any other' kneani_pg.,: I. am -freiLto;, akay ilyoablit ci
are at !liberty to do 'so. Nay, 'more, if'you .givo: i( A :iftriP
meaning different.: frog' etbat which I give. it, you #,:llt.'cV
bound, to reject my meaning and adopt Yoiii:Own. V .t- (fel. that!speech it appeared that it 'was .his opinion II:144h" :aguta,„ case .of an invasion,' the Queen's subjects" -hi IreTtlit''' ''„•';
sheuld do-their granted witi-__ --- -
to me: to be ferfectly
opin7.P,arliament. That language (subject, I shall say,. Tur
to your better judgment) appears
unequivocal, and a direct threat that unlessihe repo-mint
the union union is conceded the loyalty of the Irish-is no longer
~*:(-)
to be Calculated upon. Nay, that thould rather „ ' 'Titeit
regard as friends than intruders the coonlinai iiicinir:,34 .I--,-,,
the country. He then goes on to make use of language ~litift
ntlia plain object _of which is to induce his heaters _:77
and those who may read his Speech, 16 leTiiie -iiiiin
those Who exercise the powers of-government-in France
ire 'perfectly prepared,: to aid their - in their ..prcittee,,;„: .d..
What !other object could there be than- the intinsidatiaboxmksv
of th persons'-;'who; -, either as Members of 'jilts:o47T ~.•.:•;4s
inept r members of the. Government, were to judge-Of- cr'-'1"
thisquestion of . the repeal of the union 8-: Ile next -
,sugge is thafortnatibe of what is called an Irish brigaw CJ!..-
to be aid and disciplined iit--a"."foreign'countryFaUtd-Z,L, ...
1
gives advice that those who heir him sluill.attelia,te-'ol:ek,
be tie ivered, as a preliminary 40 the formation,of aer.7.1,11
National Guard. Now, on my mind .(subject -tn'yipoi -,r Lis
better judgment), those are nothing /nom than a dew/
of hostile means and threats -of _ foreign ',brow- and
aisistr.nce, the object of which it' 16 accomplish the
utter overthrow of the Inipeilar legistat4re, but that .. ,
opini is not to.control yours; and if you come A 4 o aif.
li . .....
feren conclusion, then your verdict will be.according to .:---
Your ieWS, and not according in 'Mine. -I have next_ t0;6414,
call y ur attention to the parts:o,4lo -speech thatiara
omits d; antk With one exception, I have isat!heird. a pas.z:Koa
!sage ad which either qualifies, retracts, or e.plains-the----
parts hat are set forth in the information. The only pas-
sage hich appears to be relied uponn by the traverser's
couns 1 has been' that . which speaks of .thefintaoti9a- of .
' the ,p ople to arm its a means of preserving thenaselnes. .:'t .1,1
again t the aggressions of the Government. I•ratiatnarVg
with that is not only highly impr444%,
oT
intent is expect
to the Government. If, gentlemen, you will
but i ePgeerotstsoly that,libllous in itself, to impute any, such
take the trouble of going over the remainder
_of
_the
as
spent I have done, I think you will find that so far
'iron) he parts omitted either qualifying or contradicting
anything in the portions of the speech set out in the
information, it is a reiteration of the very_ same opinion
and the very same injunctions with regard to the defence
and
.aas been made, and the speeches that hive been
quoted in condemnation of the legislative union,.." It is
neither my. province' or yours to enter upon them, be-
cause; whether that measure be right or wrong, or is
is not to be repealed, has no connexion with the tittOtiOtt
you 're sworn on your oaths to try. r wilLsay this in -e
conclhsion—that important and interesting as this case - ~
is, an exciting as it is, I wish you to look upon Won its
,ies vvhich into qourt;
011! erits, and to discharge your minds of any preja.
dices which
may have invaded them before you came
•
to th and. X trust that your verdict map-de-justice e consciesitioust result ofyour own sober and imps..
After a portion of the ' '
siornaa impressions.
-into their consideration those jury had retired, .the. F'Oteman
whether they ought-nqtn take
asked the Chief Justice
Mr. O'Brien which were notg°a portions, of ,nft..3thaLmape:enhoi" ofa
trial ?
The CRXEN JtreTlck di
the box to be recalled, and th. eh
et -old r°'thr.semwhot‘hh,asetill/if,;.
. rected those jurors
might consider that portioa.a&ah
verser where he condemned
praised the order which characterised a l'Peighx°' "ll*
:i'rietr
the Fr
o‘d . the
t : ;
111t1013.
Li ng eikvi• ,
Whilst the jury were absent a great numbers • -
including ladies, remained in court in tusaluie - •• •
ecp ta-
tion of the result. - '

Shortly before seven o'clock the jury retnrsied 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 hate not agreed to a verdict.
The CHIEF JUSTICE--Well, gentlemen, it is better to
adjourn the court, say until ten o'clock at night.
The Foreman—My Lord, there is no probability or
our agreeing even then.
The CHIEF JUSTICE—The jury may now retire.
The jury having returned to their room,
Sir C. OTOGHLEN 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.

Shortly after seven o'clock Mr. Smith O'Brien and
• some friends appeared outside, and the disagreemrnt of
the jury being then known tremendous 'cheering
arose. As Mr. O'Brien proceeded along Orratond.quay,
vast crowds followed, cheering all the way to his re.
sidence in- -Viresiltita.row, where he appeared_et_ a
window of Gilbert's Hotel, and addressed tlia '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, or their
agreeing to a verdict. .
CHIEF JUSTICE—WeII, Mr. Atterney,l are you any.
thing to say ? .
The ATTonzy-GENERAL-4N4), my Lord.
Mr. BUTT—My Lord ---
'CHIEF JUSTICE—I cannot, ilk* anything from you,
Mr. Butt.
A Juror—My Lerd, are- we to be lode :up for the
night ?.. ~ . ___,
~...._
CHIEF JIISTICE—CerIain----- --7 T-tr.,,
A Juror—Well, my Lord, I hope you will order no
refreshments.

CHIEF JUSTICH—No, it is impossible lean order you
any refreshments. I adjourn the court to ten o'clock
to morrow morning.
The jury were then locked up for the, night; the
portly gentleman who asked for. the refreshments left
the box with despair evidently depicted on his -counte.
nance.

SPORTING INTELLIGENCE,

BATH AND SOMERSET COUNTY RACES.

TUESDAY.