The Sun.
London, England, 1848-09-22 00:00:00

The ATTORNEY. GENERAL said, if the application was
granted, it would be fraught with the most fatal conse-
quences to the peace of the country.
Mr. Justice ERLE repeated that Monday would give
ample time.
Mr. Straight then rer.d the indictment, and the pri-
soners all pleaded "Not Guilty."
Mr. KINNEALY then applied for a list of the jurors.
Mr. Justice EIILE— I refuse the application. I feel
bound to conduct this case on the rules applicable to
ordinary c9ses of felony. Can you satisfy me that you
possess this right?
Mr. KINNEALEY said ho should show no mercy to the
Crown, but should oppose it in every way in his power
by availing himself of the forms of the court.
The ATTORNEY-GENERAL (with much warmth)—The
Learned Counsel having stated that he shall factiously
oppose the Crown, I shall stand upon my right, and pro-
ceed with the trial of Dowling now.—(Much surprise.)
The other prisoners were then taken below.
William Dowling, 24, artist, a respectably-attired
young man, was then put forward to take his trial on a
similar charge,
Mr. KINNEALEY then applied for a list of the names.
Mr. Justice ERLE—I am of opinion that you have no

right.
On Mr. Miller, Preston, taking the book, the Learned
Counsel proposed to ask him if he was a special con-
stable.
The COURT considered that he had no right to ask
the question.
Mr. KINNEALT said it seemed it was not considered
sufficient to take away the rights of Englishmen by the
Act under which the prisoner was indicted, but this
right must also be taken away.
Mr. Preston, Mr. Miles, and several others, to the
number of 14, having been challenged, were not sworn.
A jury having been sworn, and the prisoner indicted,
The ATTORNEY•GENERAL proceeded to state the case
against the prisoner. This was the first instance of a
person being put on his trial under the " Act for the
Better Security of the Crown and Government." Before
the passing of that Act, the prisoner, instead of being
indicted for felony, would have stood before them
charged with high treason, the consequences of a con-
viction of which were most penal. The alteration of
the law was no doubt an act of mercy towards those
weak, vainglorious persons anxious to become martyrs
on the altar of their country. If it was opposed to the
altered and modified spirit of the law to let a fatal
result follow the machinations laid to the charge of the
prisoner, yet, however penal might be the result of a
conviction of the prisoner, he believed they
could not, en the solemnity of their oaths,
hesitate to discharge their duties. There would be
this satisfaction in this single trial, that the other pri-
soners would learn the exact charge that would be made
against them on Monday. The prisoner was a young
man who had lived in a higher sphere of life than those
with whom they had ordinarily to deal. He was well
educated, respectably connected, and, he had been told,
an artist of considerable talent; and had he pursued his
profession instead of mixing himself up in a felonious
conspiracy, doubtless he would have obtained a high
position. He did not complain of his taking a part
in political matters—of that there could be no ground
for complaint— but of conspiring with others to menace
the Throne and the Government. At the time the of-
fence was committed Ireland was in open rebellion, and
the Chartists, taking advantage of that, formed themselves
into confederate clubs and class leaders, in which they
were joined by Irish confederates, with the view of
causing a general rising, and crippling, by dispersing,
the forces of the country. The prisoner was secretary
to a club called '•Davis Club," and reports of whose
proceedings were found at the prisoner's lodgings. The
Learned Counsel then read the minutes, from which it
appeared that Mr. Kennealy, the
,barrister, moved a
resolution deprecating physical force and pikes, and
in favour of resting upon legal and constitutional
means—to which the prisoner moved an amendment,
that " it be postponed till the day of judgment," which
was agreed to. The Learned Counsel detailed the pro-
ceedings of the club, which it sppeared appointed a
" Plotting Committee," and the part the prisoner had
borne in them, which are detailed in the subjoined evi-

dence.
Joseph Thompson was one of the police, No. 11 letter
F. On the night of the 20th of August, in consequence
of information he had received he apprehended the pri-
soner at the bar in Lambeth-walk. He found a letter upon
him, which he produced. Ho told him that he wanted to
apprehend him on a charge of felony. He asked if wit-
ness had a warrant for it, to which witness replied
it was not necessary es it was on a charge of felony.
The prisoner said very well, his name was William
Dowling. Witness then took a pocket-book from him
contailarg a letter. The prisoner said, I suppose you
will not teke that from me, as it is only from a private
friend. He gave his address No. 5, Nassau-street,
Lambeth. Witness searched the prisoner's room
tht re, and found all the papers he now pro-
duced. Among them were two receipts for
the making of gunpowder, and a book. The letter
found upon him was marked No. 1, and the book
No. S. There were also a number of cards found
of admission to the Davis Club ; also a book endorsed to
the National Defence Club; a paper entitled the "De-
fence Club Account ;" also a letter addressed to Mr.
McManus, and several other documents.
Cross-examined by Mr. KINNEALY—Witness appre-
hended the prisoner in consequence of information re-
ceived from the police constable. There were other con-
stables with him at the time. Never offered 20 guineas
or 30s. to any person who would inform him where the
pritoeer was to be found. Mrs. Jarvis was the wife of
the landlord of No. 5, Nassau street, Middlesex Hospital.
The prisoner occupied apartments in her house, the
second floor back. She pointed out the room occupied
by the prisoner to the officer who took him into custody.
Cross-examined by Mr. KINNEALY—The prisoner
was a quiet young man.
Mr. Chubb, a solicitor of Gray's-inn, knew the
prisoner. Had often corresponded with him, and be-
lieved the writing in the hook produced to be in his
hand-writing principally. The entry on Friday, the
16th of June, he believed to be in his handwriting,
with the exception of the last four lines. The books of
appointment of collectors of sections for the Davis
Club were also in the handwriting of the
prisoner. The whole of the entries under the
10th, 12th, 14th, 17th, and 19th of July
witness believed to be in the prisoner's handwriting.
The entries of the 15th, 17th, and 19th of May were also
in the prisoner's handwriting.
Cross-examined by Mr. KINNEALY—Had known the
prisoner a year and a half. lle was a most respectable
young man, and a very talented portrait painter. He
had never heard him speak disloyally, and he had al-
ways conducted himself as a good subject of the Queen.
lle was a person of mild manners and temper.
The Court here adjourned for a short time.

NEW COURT.
(Before the RECORDER and Alderman Sir J. KEY.)
Henry Curzon, aged 24, described in the calendar as
a labourer, was indicted with stealing two silver spoons
and a timepiece, value 9/., the property of Wm. Bennett,
in his dwelling-house.
The prisoner was tried yesterday, and acquitted upon
a point of law, of stealing 91., the property also of Mr.
Bennett.

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Eng-
lund ?nd Irela.nd, and that the prisoner was their cousin
by marriage, and lodged with them. That upon the
MI of July la,t she gave the prisoner 91. to pay the
rent that was due, she being about to accompany her
husband upon his voyage. They returned upon the
16th, aid when the wife of the prosecutor got home the
prisoner was absent. He returned in the course of the
afternoon, and then said that he was going out, and
should be detained late, and wished to have the street
door key, this the witness refused, stating that her
sister would sit up for him. About eleven o'clock the
•came home, and stated that he had seen
n leap from the top of the street
ptilt°)sro,neali men
that he had found they had been into his room
and broke open his box, and taken away the money he
had been entrusted with for the rent. On search being
made, no appearance
spoonstheceofand timepiece r
entryoftheli tvee
s foundcould be
o
discovered, and
be missing.
The sister of the wife of ,the prosecutor proved that
no one but herself and the prisoner had access to the
house of the prosecutor during the absence of himself
and his wife.
The jury found the prisoner Guilty, and
The REconnEn sentenced him to twelve months' im-
prisonment and hard labour.