The Sun.
London, England, 1848-10-12 00:00:00

THE SUN,

a warrant that was against him, and said that the boys
of Kilkenny and Wexford desired him not to surrender
himself, but he had not heard as yet the opinion of the
Tipperary boys. He said that they should not insult
the police, for there was many an honest heart inside a
green jacket. The witness saw Mr. O'Brien in the town
on the following day also, and four gentleman in com-
pany with him, whose names he heard were Dillon,
SPManus, O'Donohoe and Stevens. H was not, how-
ever, able to identify the prisoner. To man who was
called i'y'l'Alanus had a belt round his waist, and a pistol
in it, a green waistcoat, and a hat. He was riding
M'Carthy's horse. The troops had passed at the time,
and the town was filled with a great number of persons
armed with all kinds of weapons, pitchforks, guns, and
pikes.
Cross-examined—He did not say anything on the
former trial about the transactions he now referred to.
He knew M'Carthy's horse. Was positive the prisoner
at the bar was the person who rode it.
Lawrence Middleton examined—He lived near Kil-
lenaule, and saw the prisoner there on the day in ques-
tion, standing at Walsh's hotel. Two men were walking
up and down by the door, and one gentleman, who ad-
dressed the crowd, told the people to arm themselves,
and to take arms from those who had arms and would
not give them.
Chief Justice DOHERTY—What was the reason al
leg- d for taking arms?—They said they wanted to free
their country, and that that freedom was just at hand.
Cross-examined by Mr. BUTT—The barricades were
made of trees, turf, and carts. He was dismissed from
the police for being out of barracks without leave on
four different occasions, and was once a collector of
taxes. which he gave up in spite of himself.—(A laugh.)
He made away with some of the money, was tried for
the offence, but acquitted.
William Parsons, a private of the Bth Hussars,
proved that ho wos one of the advanced guard of a troop
on the day when the barricades were erected at Kille-
naule. He proved the same facts deposed to on Mr.
O'Brien's trial.

Sergeant Hampden, of the same regiment, corrobo-
rated the testimony of the last witness, and identified
the prisoner at the bar as one of those who stood at the
barricades.

Captain Longmore was next examined, and repeated
his former evidence, but he could not identify the pri-
soner. _ _ _

John Tobin examined—He Jived in liillenaule with
Mr. Ryan. On the day of the fight at the commons,
James Orchard hired a car for some gentlemen. The
witness drove them to Earl's-hill, where about 200 or
300 persons were present. They drove fer,m that to-
wards the common, when Mr. O'Brien told the people
to go and bring in arms from the country , and to take
them from those who would not give them. up. The wit
ness heard Mr. Meagher say that they would gain Ire-
land in six months. He saw a gun with one of the gen-
tlemen but no pistol.
John Pemberty, an engineer to the Mining Company
at Ballingarry, identified Mr. M'Manus as one el the
persons he saw on the common, armed with a pistol. Mr
O'Brien called the witness aside and told him., if the com-
pany stood neutral he should support them, but that
if they suspended the men for following him, he would
take possession of the collieries, for he expected, he said,
to have Ireland rescued from the British Government in
a week. The people, he continued, were all ready in
the towns, and as far as it had gone they were of the
same mind in the country.
Owen Cullen, the manager of the collieries, proved
the conversation he had with Mr. O'Brien about the let-
ter which that gentleman addressed to the Mining Com-
pany. He could not identify Mr. M'Manus as being
present at the time.
John Lanphier examined—He was a pay clerk at the
collieries, and remembered seeing Mr. O'Brien, Mr. Dil-
lon, and Mr. Meagher, coming into Ballingarry on cars.
Mr. O'Brien told the people that he had defeated a party
of dragoons, or at least prevented them from arresting
him on that day. The witness saw Messrs. O'Brien and
M'Manus speaking to the armed men who were upon
the roads. The witness then detailed the conversation
he had with Mr. O'Brien respecting the key of the po-
lice-barrack,and a loan of the company's coalcarts in order
to erect a barricade. While Mr. O'Brien was in the
yard, M‘Manus, the prisoner, was standing with the
people on the road, armed with ague, and they remained
there until Mr. Trant's party appeared in sight, and
then they ran across the fields, in the direction of the
widow M'Cormack's house, towards which the police
were going.
Sub-Inspector Trent was next examined, and deposed
to the transactions already published, in which he was
engaged both before and after the attack on the widow
Cormack s house.

Cross-examined—He was in the upper room, at the
left, when word was brought him that Mr. O'Brien was
below; but he did not see him. When he got to the
house, he turned his horse into the stable, and left the
pistols in the holsters.
CHIEF JusucE—What became of your pistols?—l
never saw them since, my Lord. They were taken away
by the people.
By Mr. O'CALLAGHAN—Was it you who struck up
the " British Grenadiers?"—lt was; I saw one of my
men, who was after firing, and knowing that he sang the
" British Grenadiers," I desired him to strike it up, and
be did so.—(A. laugh.) Indeed, I never heard him sing
it better, and it was chorused from all parts of the house.
—(A laugh.) I thought that as it was a good song for
marching, it would be as good in an attack. The wit-
ness was positive the people fired in the first instance.
They were fired from the front where he was standing,
and he could not be mistaken about it. _ _

How soon did you miss your pistols? —The evening
after. I got my horse back, without the bridle and the
pistols.
Is it true you began your dispatch with a quotation?—
Perfectly true, and I an not ashamed cf it.—(Laughter.)
What was it?—lt was—
" Who takes the foremost foeman's life,

His party conquers in the strife."—(Laughter,)
A perfectly appropriate quotation under the circum-
stances.

How often did you go down stairs?—Three times, in
the greatest peril.
CHIEF JUSTICE DOHERTY—We are not trying Mr.
Trant's valour here.—(A laugh.)

Patrick Ford, a police-constable, neat deposed to the
fact of the person coming to the window while they were
in the house, and demanding their arms. He did not
know the man's name who first came, but Mr. O'Brien
came the second time, saying, " he was a gentleman and
only wanted their arms. The witness then repeated
what he swore on the former trial, respecting the con-
versation with Mr. O'Brien, and how some one cried
out, " Slash away, boys, and we'll soon have them all."
Cross-examined —He thought they arrived at the
Widow Cormack's about one o'clock; five or six people
came up to the window with Mr. O'Brien and presented
their arms at them, one of whom crying out, "I know
you, you're Pat Ford, from Callan."
Sub-constable John Carroll examined—ln addition to
the evidence given by him on Mr. O'Brien's trial, he de-
posed that he was made a prisoner by Mr. M‘Manus,
who was at the time surrounded by about 500 men. Mr.
O'Brien and Father Fitzgerald went on the road towards
Ballingarry, and a rush was made after them by the
people, upon which the witness cried out to them to
come back. Another rush was then made at himself,
and he thought he was going to be shot. He then came
down from his horse, on which Mr. M'Slanus took him
by the arm and led him into a field, saying, he was
going to the village, and that I should go along with him.
He asked him what troops there were in Kilkenny—or
what was their strength; and on his (the witness) de-
clining to go with him he went away, and he saw no
more of him. He was in custody about two or three
hours, and while a prisoner he heard the people say
they'd burn the house over the heads of the police,
or surround it by throwing up barricades. He heard
Mr. O'Brien say he could take it in an
hour; and after that Father Fitzgerald and him-
self were sent to Mr. Trant to know if they'd
give up their arms, or a second attack would com-
mence. The witness saw Father Fitzgerald in commu •
nication with Mr. Trant, and afterwards used all his
endeavours to induce the people to go away, but he did
not hear the reply then made. Before Father Fitz-
gerald went up, he said, " He'd do it to please the
people, but that he knew very well it would be useless,
as the police would not give up their arms." The wit-
ness, when released, met Mr. O'Brien, who gave him his
horse, and made him a present of a stick.
Cross-examined—He came to the widow Cormack's
house, and delivered his dispatch before the firing
ceased, and remained outside waiting for an answer fur
about ten minutes.

Sub-inspector :Trent was then re-called.—He re-
membered Father Fitz,erald coming to the window of
the house, and saying he wanted to make his peace
with all parties ; the firing had ceased. His expres-
sions were that the other party would be satisfied on
the police surrendering their arms to let them depart in
safety, and that he would accompany them himself, and
guarantee their safety. The witness replied, that they
would never surrender their arms bat with their lives.
Father Fitzgerald then observed, that the people would
burn the house over them, when the witness answered
that he had five children as hostages. After this he
added, that they had no provisions; and he replied that
they could fight and fast for forty-eight hours more,
and that a force would be soon on the ground to avenge
them if they fell, and not leave a house standing in the
country. That they were doing no harm where they
were, and that if he could protect them outside, he
could do so in the house also. Carroll (the witness
added) had his horse taken from him, and he'd feel
obliged if he'd protect him. Father Fitzgerald then
went away, but returned very soon after, and asked if
he'd give him a pallet for a dying man, which he gave
and had it thrown out of a window. He also asked
permission to take the dead and dying away, and the
witness gave it, but he said he could not take them
away himself, and that the people were afraid to assist
him lets the police might shoot them. To this the wit-
ness replied, that he would not fire on any man who
came with him, and unarmed. He then went away, and
he saw no more of him.

uvJohn
Doyd examined—He resided at Fethard Glebe.
He remembered going on horseback towards the com-
mons of Ballingarry, on the 29th of July, about two,
and arrived there about four o'clock. His attention
was first attracted by seeing persons along the road, in
groups of twos and threes, amounting in all to about
1.500. I.IQ saw the prisoner at the bar among them.
He was about a mile from the widow Cormack's house
at the time. When he came up to him, the prisoner
presented a gun at him, and asked if there were so!
diers on the road, to which he replied no. The prisoner
again asked if there were any in Urlingford, or if the
witness were a courier, and ho again replied no. The
witness, fearing he was about to be detained, asked for
Mr. O'Brien, whom he knew would protect him, when
the prisoner told him to go where he liked. While he
was speaking to him the witness saw a man with a
gun, standing in the road, as if looking out for some one.
Cross-examined—The prisoner shook hands with
him, and advised him to keep out of danger.
Sub•lnspector Cox .was next examined,• but his evi.