The Sun.
London, England, 1848-08-12 00:00:00

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with the same offs eas that wit • r. O'Doherty
is now charge I had hoped that - e esult of that
trial and the punishment of th ual would be
instrumental in saving the country fr m what since
occurred. I fondly hoped that my ble efforts in
indication of the law would have rendered it unneces-
sar that I should again so shortly on the same grounds
haze to restate the same case to a jury of this city. In
that expectation I have been wefully disappointed. You
will judge of Mr. O'Doherty by his own acts, not by the
nets of others, but you must consider—(l speak under
the direction of the Court, who will correct me if I am
wrong, if I am not justified in referring to it)—the state
and circumstances of the country at the period of those
publications. I shall only read the documents written
and published by this gentleman himself, for the purpose
of proving this case. I charge that immediately after
the conviction of Mr. Mitchel, at the latter end of
May or beginning of June, and when his paper by his
conviction had ceased to exist, this paper was brought
into existence for the purpose of filling up the space
that had been previously occupied by Mr. Mitchell's
paper. The first article I shall read for you held out
Mr. Mitchell as a martyr, and as a man whose example
should be followed; an example, which I regret to say
has been followed by the young man now before you.
I ask you to follow me in this conclusion, that at that
time (in the month of June) a deliberate plan was
formed to make the gathering of that harvest, about
which we are all so anxious, the signal of rebellion—
the signal of war against the Sovereign—the signal for
involving us in universal bloodshed and ruin. The first
article was published on Saturday, the Ist of July. It
is the leading article in this paper, and is entitled,
" Our Harvest Prospects." And as the article was
not read on the arraignment of the prisoner, I
deem it my duty to read the entire of those ar-
ticles for you. Bear in mind, gentlemen, that about
this time clubs had been established through great
portions of the country. They seem to have
persuaded themselves that to enable them to effect
their purposes, it was necessary to enlist not merely
the inhabitants of the town, but also the agricultural
portions of the community, and my allegation is this,
that they held out to the latter class the prospect of pos-
sessing the growing harvest, in order to induce them tcs
join in the rebellion which it was intended should break
out. The Attorney-General having read the article
"Our Harvest prospects," proceeded:—With what object
and for what purpose was this article written and pub-
lished to the world? Can any doubt be entertained but
it was published with the object of representing to this
country and to the people of it that they were to appro-
priate to themselves the harvest, the produce of the land,
no matter what claim of property or other claims might
interfere; and further, that they should "appease their
thirst deep in the blood of the English foe?" Who were
the English foe? That, gentlemen, was explicitly laid
down, and the object was to establish a different king-
dom. It will be for you, gentlemen, to say whether such
intention did not amount to such an attempt to deprive
her Majesty of her royal name, style, and honour of the
Crown of the United kingdom. What was the meaning
of saying that the struggle was to be a life and
death one ? What did it mean but such
a struggle as that which we have recently
witnessed ? In the same article the prisoner says,
" simultaneous risings can only be effected through the
instrumentality of a council whose influence will extend
throughout the length and breadth of the land." Is it
consistent with the Government of the country, with the
preservation of order, with the possession of property,
and having the laws to insure us that property, that a
council should be assembled which the entire country
are to obey, whose call they were to attend to, and
whose call was to be the signal for an uprising to banish
from this country that Government ? Having read the
article "On the Council of 300," he proceeded—l believe
I was not wrong in saying that the object in calling to-
gether or establishing this Council (this Provisional
Government, I suppose) was to obtain the salvation of
the country, as they call it, and to preserve the harvest.
Who were the enemies of the country alluded to in the
article? Can it be any but the English, the Govern-
ment of the country? In the same article a call is made
upon Mr. Smith O'Brien and Mr. J. H. Meagher, to
rouse themselves from their apathy and take the initia-
tive, and unfortunately that call has been responded to.
For what purpose, gentlemen, did he call on those gen-
tlemen? The present history of the country, gentlemen,
plainly tells us. Further on, gentlemen, we are told, "If
the crown of the Queen stands in the way of the Irish
people retaining to themselves the harvest of 1848, for
their own use and benefit, that Crown must perish."
I do not ask you to give an inferential meaning to
those publications. No ; I ask you merely this,
not to look about for any covert meaning that those
words may bear, but the only meaning, which the words
are capable of. The Attorney General next read an article
treaded " Courage," and commented on its contents at
considerable length as be proceeded. He continued :
I do not know, gentlemen, the line of defence that will
be taken for the prisoner, but the only legitimate line of
defence that is open for him is, that in point of fact those
publications do not bear the construction that is put
upon them. It is not for you to try whether, under the
circumstances of this country, the prisoner was justified
.ipsompassing, imagining, or intending to excite this
rebellion. We are not here to try what the effects of
that rebellion would be ; but I think I may he at
liberty to say that I rejoice from the bottom of
my heart that, at the time I now address you, not-
withstanding the advice which he has given, we
are not under any apprehension of a rebellion. Very
different, indeed, might have been the result ; not
that there was any reason to believe that a rebellion
could be successful, but from the deluge of blood which
wou'd necessarily inundate the country, had the advice
of that men been more generally received; if, as he had
advised, a emovisiopikgovarnment were sitting in your
capital; 411eMeerheOfind teditted, clubs had been to
where they had not already been formed; if the propo-
sition for a " simultaneous movement " had been carried
our; if that simultaneous movement had taken place,
though I entertain no doubt but the powers of the Go-
vernment, aided by the good sense, intelligence, pro-
perty, and loyalty of the country, would have rendered
it impossible that such an attempt could have succeeded
but though it could not have succeeded, many, many,
valuable lives would have been lost, sacrificed. In
the next article the writer seems to be progressing
in vehemence. It is headed our " War Depart-
ment," and in it he enumerates the arms and
mode of warfare to be adopted—of course for legal,
peaceable, and constitutional purposes. He says,
" There is something fascinating in a pike well polished,
or a nice gun." May I ask for what legitimate purpose
was a pike ever manufactured or ever purchased in this
country ? It may be true that till a recent period there
has been no law against the possession of pikes, and there
was not; but, I as again, for what legitimate moral pur-
pose were pikes manufactured and purchased through the
country? The learned gentleman then read the article
headed " Our War Department." He continued—That
completes the articles I have taken from this paper of
the Ist of July. I will not weary you by going over
these articles. I will merely ask you to take them in
connexion one with the other, commencing with " Our
Harvest Prospects," and ending with " Our War De-
partment," and say whether there can be any doubt as to
the object with which they were written. If you have
no doubt, you will have a duty to perform—it will be, I
have no doubt, a disagreeable duty; but, gentlemen, the
preservation of society requires that you discharge that
duty firmly and fearlessly. In the last sentence of the last
article 1 have read for you, the prisoner promises that he
shall recur weeklyto the same subject, and accordingly that
promise he had kept, for in the next number of his
journal he has another article under the same heading
of "Our War Department," which exceeds in atrocity of
conception the recommendations of the preceding one.
The next article to which I shall draw your attention
has reference to the events in Paris, and states that, al-
though the troops were well supplied with ammunition,
the workmen, who were starving, held out for four days
against them, and were beaten only because there was a
nation against a class, but it added, " should it be a war
against a Government, or against a King, as ours in Ire-
land shall be, they would have annihilated both." Can
the jury say that was inconsistent with the mental
intention to levy war against the Queen ? The ar-
ticle next says, the workmen of Paris slaughtered
once and a half as great a number as the garrison
of Dublin; was not the object of that to induce the
people to take part in this mad scheme, by show-
ing that it was practicable ? The article then says
" the time is fast approaching, and in one or two short
mouths you will be called upon to imitate them." Thatd
was the Bth of July; in two months it was expected
that the harvest would be ripened, andtheas thenks, , the Will
outbreak should occur. The writer then
courage?
You have
you display the same energy
e dcourage,
to sweep the English Government the physical courage, will you
the object of it was to teach
"War Department,"and leaven tan dtht the
r moralir
and
d not be afraid of artillery
for ever from your shores." The next article is headed
the people that they neh
that on d and that they could not
of the country, could be use ,
s damage. Coupling the
only small cannon (six pounders), from the nature
inflict on them any seriou h r
whether you can entertain
will have to ask yourself is,foreintntions imputed to him.
whole of these articles toget e , the only question you
a doubt that this man had the
f th
of them is, that they
tendency, bat recollection Mr. Mitchel was punished
were not s . o express as the present articles. The
Learned Counsel who defended him said he did not
see how he could depose the Queen from the Royal
name of the Imperial Crown, but the meaning is
that it was the object of the parties to deprive, her
of a part of her dominions, and establish there an
independent kingdom. I call upon you, gentlemen, to
discharge your duty as jurors in a different state of
things from that which existed when I addressed the
former jury. Then it was all talk, but you are all aware
of what has since occurred. In conclusion, I call upon
you, regardless of consequences, faithfully to discharge
your duty according to the best of your judgment.
Evidence was then given by Mr. Vernon, registrar of
newspapers at the Stamp-office to show that the prisoner
was one of the proprietors of the Tribune.
Mori ere r Redmond, a police•conetable, proved that on
the Bth of July he purchased a copy of the paper at the
Tribune office, 11, Trinity.street.
The case for the Crown closed at half-past five o'clock.
The case was then adjourned till to-morrow moraing,
when Mr. Butt will address the Court and jury on be-
half of the prisoners.
The jury were conveyed under the care of the sheriff
to a hotel where they are to spend the night, and con-
stables were sworn in to keep watch over them.
THE QUEEN V. JOHN MARTIN.
Before the rising of the Court an arrangement was
made that Mr. Lalor should be brought up from Nenagh
gaol to give evidence for Mr. Martin.

[PRICE SD.

Madame Taglione left London last evening by the
General Steam Navigation Company's Mail steam-ship,
Princess Royal, for liamburgh.
The Earl and Countess of Leven and Melville,
and the Ladies Lesliel!delville, left town, yesterday, for
Leamington.