The Sun.
London, England, 1848-11-20 00:00:00

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[PEleit

challenge in the case of Mr. Duff. Many objections had
bCen raised to the form of the challenge, but it was not
necessary to consider them in detail, although some- of
them were of a serious character; but, as he thought the
challenge should be disallowed on the merits, he would
not intimate any opinion on those defects in f ,rre. The
Learned Judge then read the observations of the Chief
Baron when the challenge was -decided, with which he
expressed his copeurrenco.
-The other grounds alleged in supprxt of the writ of
error were also overruled, and the tact. Juzlges (x
-
pressed their conrurrence in the judgment.
At five o'clock on Saturday. the following document
was lodged in the office of the Clerk of the Crown:—
WILLIAM SMITH O'BRIEN, THE PLAINTIFF IN ERROR,

AGAINST THE QUEEN.
On the argument of -the writ of error in this case it
will be contended that the judgment should be reversed,
for the following reasons:—
Frst—That the caption is insufficient, as it does not
show that the jus•ices before whom the special session
of oyer and terminer and general gaol delivery for the
county of Tipperary was held had due authority in that
behalf to hold said sessions to take and try the indict-.
ment on which the plaintiff in error was convicted.
Second—That the five counts on which the plaintiff in
error was convicted are insufficient in law to support the
judgment thereon given in, as that the offences therein
stated are not treason in Ireland.
Third—That if they be treason,lyet the sal several
five • counts are insufficient• in• law to support said
judgment, for not chargipg the effence• in the words of
the statutes, for not expressly averring that the war
therein respectively mentioned was levied in Ireland, and
for concluding '° against the form of the statute," in
place of. " against the form of the statutes," &c.
Fourth—That the judgment on the demurrer to 'the
declinatory plea, pleaded by the "plaintiff in error, should
have bet n given for him, and not for the Crown.
Fifth—That there was a mis-trial, inasmuch as it ap-
pears from the record that the plaintiff in error had not
delivered to him a copy of the indictment, and a list of
the witnesses, tt n days before his trial, pursuant to the
statutable enactment in such case made and provided.
Sixth---,That the process under which the. jury was
returned who tried the case was insufficient and informal,
as the writ of venire facies 'ureters*, under which the
jury was returned, appears to have been issued by virtue
of a bare award, and not, as it ought to have been, by
virtue of a particular precept; and moreover, said writ
appears not to have been in the form directed by the 3
and 4 William IV.' chap. 91, see. 'lO.
Seventh—That the challenge to the juror Southcote
Mansergh should have been allowed. „ .

Eighth—That the " allocutus" before judgment en-
tered on the record informal and insufficient in law,
inasmuch as it does not appear thereby that the plaintiff
in-error was asked why the Court should not proceed to
judgment and execution against him upon the verdict
therein mentioned.

FRANCIS. A. FITZGERALD.
ROBERT POTTER, Attorney.

RAILWAY INTELLIGENCE.

TOURS AND POITIERS.—A letter from Tours states,
that the works on the line between the above town!,
which had arrived at an unexpected degree of advance-
ment, would be partially suspended during the winter.
The reports which had been drawn, up by the engineers
charged with the construction of a line assigned a period
not far distant for the commencement of traffic over a
space of 120 kilometres. By the beginning of next year
the company would receive from the state, and com-
pletely finish, that nartion of the line which passed
Nerpuy, is Yalu, and la Folie, and the whole section
would. be terminated by September next. The 80 kilo-
metres which separated Chatellerault from Tours might
be opened for traffic by the end of winter.
THE WORKS ON THE CHESTER AND HOLYHEAD.—

We have it on the best authority that the report lately
circulated that the works on this line were stopped is
without foundation; on theLcontrary every exertion is
being made to finish the stupendous tubular bridge over
the Menai straits by the middle of next summer.
The Gazette of Friday night contains a grant from
the Railway Comthissioners in favour of the Birming-
ham, Wolverhampton, and Dudley, extending the time
for the completion of the railway over two additional
years.

BASINGSTOKU AND SALISBURY. Proceeding from
Basingstoke to Andover, through Whitchurch, Overton,
Monxtou, and Thruxton, to Applehaw fair, on Tues-
day, we found the works all standing still, and every
man discharged on this day week (Friday), by orders
received from Mr. Brassy, the contractor, although the
line appears to ba in a very forward state as far as An-
dover, the rails down a great part of the distance, the
embankments finished eff, and the bridges across the
cuttings commenced. It is said that the South-Western
Company do not intend to carry this branch farther than
Andover for the present, and to that town it is expected
the lino will be open by the Ist of June, 1849.—Reading
Mercury. _ .

GRE.ZT WESTERN.—This company have presented a
donation of 401. to the 200/. fund subscribed by the in-
habitants of Cheltenham for the relief of the families
who suffered by the la.e acident at Fatherly Bridge.
GREAT INDIAN PENINSULAR.—We understand, the
day atter the Parliamentary notices of this company
were published, that 1,000 additional shares were ap-
plied for, although the subscription list for the neces-
sary amount of capital—the proof which the East India
Company required of the ability of the company to
carry out the undertaking—had been sent into the India
__.. .

House. With respect to the nature of the guarantee,
upon which so much discussion has recently taken
place, we have heard, from a source in which we are
disposed to place confidence, that the Court of Directors
have all along considered their terms substantially a
guarantee of five per cent. to the shareholders; and fur-
ther, that so far from their being any disposition on their
part to throw over the railway company, they have inti-
mated that, in the adjustment of the details between the
railway company and the Court, such arrangements may
be made as will remove the contingence which, at pre-
sent, is considered to attach to the dividend. We are
happy to be able to state this, 'because we have heard
doubts expressed of the sincerity of the East India Cern-.
pany's desiro to have.the railway system introduced into
India by private companies. This company having com-
plied with all the conditions of the India House, it will
net be long, we should hope, before' active operations
will be commenced.—lierepath's Journal.
RIDER'S RAILWAY BRIDGE.—DEATH OF THE IN-
VENTOR —We regret to announce that we have just re-
ceived intelligence of the death, at New York, of Mr.
Nathaniel Rider, the inventor of the iron railway bridge
bearing his, name, which he had succeeded in getting into
extensive use on several lines in the United States. ,Mr.
Rider was a man of great integrity, and much esteemed
for the amiability of his disposition, as well as for his
mechanical genius.—Mining JOurnal
KILLARNEY JIINCTION.—The works on this line are
to be suspended during the winter, for want of the ne-
cessary funds.

BELFAST AND BALLYMENA.—In consequence of same
grave charges having been brought against the manage.
went, such as a want of civility on the part of the officers
connected with the line, and of money borrowed -at six
when it might be had at five per cent.; an extraordinary
meeting has. beeo.cpnyened by the directors to give the
proprietors an opportunity of making a full investigation
into the matter.

WATERFORD AND LIIVERICK RAILWAY COMPANY.
—(Twenty five miles open.)—Traflie for the week end-
ing Saturday, the II th of November, 1848 (exclusive
of the mails), 3011. 10s. 10d.

DUBLIN AND DROGHEDA RAILWAY.-=—Traffic for the
week ending the 16th instant :-6731. ss. Corresponding
week of last year, 7161. 13s. Bd.
ROUEN AND TIAVRE RAILIVAL—The following is a
return of the receipts on the Rouen and Havre Railway,
for the week ending the 11th of November, 1848:
Passengers, 19,406 f. 75c.;. luggage, parcels, &c., 1,334 f.
80e.; goods, 33,3551. 10c.; carriages and horses, 165 f.
20c.; miscellaneous, 3,985 f. 95c. Total for the week,
58,2471. 80e.

DIEPPE RAILWAY.—The following is a return of the
receipts on the Dieppe Railway for the week ending the
12th of November, 1848:--Passengers, 2,957 f. 75c.; lug-
gage, parcels, Azo., 90f. 25c.; goods, 10,892 f.; carriages
end horses, sf. 15c.; miscellaneous, 555 f. 03c. "Total
for the week, 8,500 f. 20e. .

NORTHERN. (oF FRANCE) RAILWAY.—The following
is a return of the receipts on the Great Northern Rail-
way for the week ending the 10th of November, 1848:--
Passengers, 137,125 f. 78e.; goods, • &c., 202,493 f. Bc.
Total, 339,618 f. 86c.. For the corresponding week of
1847, 346,3331. 30c. Total receipts since Ist January,
1848, 13,168,676 f. 17c. For the corresponding period of
1847, 13,260,481 f. 17c.

RAILWAY SHARE MARKETS.
LIVERPOOL, Nov. 18.
STOCK EXCIIAIIGH.—The transactions which took place
at Mir:share market this inoruing were yeti, few, at the fol-
lowing prices :—Caledonian, Preference,, 68. Bd. dis.—Great
Northern, 1314 Lancashire and Yorkshire, Fifths, 4
dia.—Ditto, 321. Shares (late Extension), 9% c. dis.—Ditto,
10/. Shares, Preference, % P.—London • and North= Western,
1151 k c.—Ditto QuarterslA and B), 34 p.—Midland Stock,
79—Ditto, New Halves, 10% c. p.—North Staffordshire,
B"gi c. SOuth. Eastern and Dover, 23 c.—Ditto, No. 1,
Thilds,•6/. 13s. 9d.—York, Newcastle, and Berwick (G. N:
4. Purchase), 11/2 dis.—Dublin and Belfast Junction, 32 d

BIRMINGHAM, Nov. 18.
STOCK' ExcHANGE.—:The market was flat to-day, and
little business transacted. North Staffordshires were quoted
at Cl. 6s. 3d. dis.—Shrewsbury and Birmingham (A), //. Bs.
9d. dii.— Shropshire Unions, 31. 3s. 9d. dis.—North Mid-
lands, 52.

• YORK, Nov. 17. -
SToeit Excrixiior.-The business transacted to-day was
as follows : —Great Northern, 53 n. —North British, Thirds,
354—York, Newcastle, and Berwick (Extension), No. 4;
14'3—Ditto, No. 2 (late New Berwicks), 12—Ditto (G.
N. E. Purchase), GA;—York and North Midland (East and
West Riding Extension), 22.1 • 4,
.NEWCASTLI3.;-UPON-TYNI;;, 'Nov. 18.
STOCK Exdriar:ox.—The sales are—Eastern Counties,
1136.
12%—lrork, Newcastle,- ancf Beriiick (Extension), No. 2,

GLASGOW, NOT. 17.
Xrpta EXCHANGE.--The sales are--Caledonian, Prefer-
ferecorn 90& Clydesdale Junction, 56,4—Edinburgh and
Bathg.ateNis.—pdinburgli,antl Glasgow, 79 Edinburgh and
Perth, lialies:ies.4Glasgovt;Tillmarnbck, and Ayr Lielves,
No. 1, 463.-4itaiskiegv**6 2, irks..—Gieat Northern, G..—
Nerth Betisli,'Thiias, 755, --York, NewoitAtigpd Berwick
(Gri N. B. Purchase), 7.

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