The Sun.
London, England, 1848-10-23 00:00:00

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OCTOBER 23i 1843.

[PRICE SD.

wore very voluminous, in which Michael Moran, John
Joseph Moran, and John M'Cormick, were charged
with the offdnce he had • stated, and if the' jury
were satisfied of their identity they would have little
lifficulty in. finding -true bills. lle had but one
„only
thservation more to make with reference to the.cases on
the part of the Crown. The law officers of the Crown
were, in another place, discharging their public duty'
and it might happen at a future time, during the sitting
of the commission, they (the grand jury) might be
called upon to receive from the Court such instructions
as the law officers of the Crown shonld think proper to
Submit; but, unless such a circumstance should arise;
they would proceed in the ordinary way to consider the
eases that would be brought before them.
The Learned JUDGE, in addressing the county grand'
jury, merely referred to the closing observations he had
_addressed to the city grand jury, and, concluded by
stating that some bills would be sent up to them
against persons charged with having arms in their pos-
session without license, and they would consider in how
far the charges against these persons came under the
provisions of the Act.
The Court, shertly after, proceeded with the trial of
prisoners.
Until - the arrival of the Attorney-General from
Clonmel, the trials of Mr. Gavan Duffy and the other
parties charged with felony will not:take place.
Nothing in the shape of public interest was mani-
fested.respecting the proceedings at this commission,
although it was known that the prosecutions against
Messrs. Duffy, Williams, andO'Doherty.were pending.
As stated by Mr. Justice Torrens, the bills for felony
against those persods were found at the last commis-
' sion' 'so that the CroWn can proceed at once with the
trials, without the intervention of the:present grand jury.
It is quite possible, however, that the Attorney- General
(who is. expected in town from Clonmel on Aloriday)
may send up fresh bills of indictment in the case lir
Mr. Duffy; but at present the orily:charge against
him is founded upon the indictment under the Treason
Felony Act.

falsehood never existed, nor outside " Bias" did they
ever hear the history of such a man, who, on every occa-
sion, and in every employment;seeined to have delighted
in acting the character of a spy, and inventing the basest
falsehoods. They. would recollect that he swore, on the
first trial, that Mr. Meagher was present at the recetieg
on-the 19th of July. On the. present cccarion he con-
tradicted himself, and as to the " Red-hand Club," of
which they bad heard so much, he would produce a wit-
ness who would prove ho never knew such a man as
'Dobbin was elected a representative to the council, al-
though. ho was present every evening. Suppose
the thirty men, to whom he alluded, and whose- fate de-
pended on the present trial, were going to be hanged,
and they said, " Pray, Mr. Attorney:General, what
' have we done?" Oh, he should reply, " You were levy-
ing war against the Queen." " Levying war against the
Queen; why, •we were poking our parlOur fire in
Dublin." Yes; but certain persons were levying war.
down in Tipp, rary, and you were constructively guilty
of the same act, would be the reply. Well, then, the
thirty unfortunate men might properly say, " If we are
found guilty of constructive treason, let us be construc-
tively hanged."---(A laugh.) The :statute of Edward
111. enacted, in as plain words as could be, that levying
•of war should be actual, and open in the field. But
words were made eonstructive treason by bad decisions
' which
ehi gi whispering •Ct a r
and . corrupt judges. It was done in the reign of
that most pure, virtuous, patriotic, high-minded Sove-
isomethingCharles
presentl .ii(oL.r
tadougogehht tiheeerfr),
Justice—fbo r+
formed
adol dozengonl
s.England
conspiracy,
told
who resolved that a fees+ men getting' into a corner and
f
and was to be held as high treason, e That was a law
'a jury they should rather perish -in. the box than act,
upon it, and so he•(Mr. Whiteside) would also say, that
if he were on that jury he would rather perish than find
the prieoner at the bar. guilty of high treason under such
Circumstances. The Learned Counsel_ next referrer' -to •
the' evidEnce -of the ''policemen who deposed .to the
speeches made at Enniscorthy on the 24th of July. • By
the Treason Felony Act the exact words spoken must be
deposed to by two witnesses, but in that of high treason,
as in the present' case, the evidence of policemen was
given, who reported .words and speeches, arid the jury
were to convict his client upon such- testimony. If there
were to be any safety for life—it there be any good ex-
pected fOr their country—let them not. believe such evi
dence—let 'them not convict a young and ardent man
for-high treason because in a moment of excitement he
made speeches on which he never intended to act. What
'said Lord Erskine—the brightest ornament of the
English Bar, and a man when on the Bench who left an
example to those who follow him in the•judgment-seat
—what said he of that description of evidence ? " But
let us first examine," he said in the celebrated case of
Horiie Tooke, "in what manner this.matter, such 'as it
is, was recorded: He preferred to speak from notes,
yet I observed him frequently looking UP to the ceiling
whilst he was speaking., when I said to him • Are you
now speaking from a note ; have you got any note of
'what you are now saying?' He answered—Oh ! no,
this is from recollection. Good God Almighty
recollection mixing itself with notes in a case of high
treason. He did net even take down the words ;
nor, to do the man justice, he did not affect to have
taken the words—but only the substance, as he
himself expressed it. aOh ! excellent evidence. The
substance of words taken. down by a spy, and supplied
when defective from his memory ?" They then pursued
his unfortunate client from Enniscorthy to Graig, and
so on to Callan, Nine-mile House, and on to Carrick.
There they had witnesses deposing to such language ai,
the" grass rising in one rapid sway."—(A laugh.) One
man sunk the fire-ship, and another brought it up from
the depths of the sea—(Laughter)—fur the purposes of
that prosecution. The Learned Counsel next proceeded
to comment on the evidence of the police who deposed
to the speeches, and continued—that was the evidence of

the Crown on that part of the case. His Learned Friend
the Solicitor General was a man of honour and a gentle-
man, and he would watch to see it he would ask them for
a verdict on such testimony. He knew he would not ;
for nothing worse was done in the worst days of the
Stuarts,• nor in that fearful record of crime—

the State Trials of England. Were they to send a
young than to the scaffold on such reports of speeches
as were given in evidence? It was in the power of the
jury, no doubt, to do so—the prisoner at the bar was in
their power, but if they convicted him they would shed
innocent blood. For his own part, a worse case than
the present he had never heard of or read, even in the
. worst days elf the state trials. He contended that had
his client been tried by twelve Englishmen, in England,
his acquittal was certain. He (Mr. Whiteside) never
felt so much. pain in his life as when he heard from a
member of this •bar," much his senior,•that had Arthur
O'Connor been tried in Ireland, instead of England, he must*
have been convicted.. tie would have been overwhelmed,'
he said, in Ireland by a load of prejudice, which the
sober, good sense of England would have rejected, and
found guilty' of high treason.' A priest named Quigly
was, feuud in his company, with whom treasonable
papers were got, but an English jury refused to convict
him, ' because•they held he was not responsible for
the acts and conduct of another. The principal evidence
in the present case was that of spies; and what said their
brilliant countryman (Burke) on that description of per
sons,—" A mercenary informer knows no distinction.
'Under such a system the obnoxious people are slaves,
not only to the Government, but they live at the mercy
of every individual—they are at once the slaves of the
whole community, and of every part of it, and the
worst* and most unmerciful men aro those on whose
'goodness they most depend. Ia this situation men
not may shrink from the frowns of a stern magis-
trate, but are obliged to fly from their very species.
The seeds of destruction are sown in civil intercourse
and in social habitudes. The blood of wholesome
kindred is infected—the tables and beds are surrounded
with snares.. All the means given by Providence to
make life safe and comfortable are perverted
into instruments of terror and torment. This species of
universal subserviency, that makei the very servant who
waits behind your chair the arbiter of your life and for-
tune, has such a tendency to degrade and, abuse man-
kind, and to deprive them of that assured and liberal
state of mind which alone can make us what we ought to
. be, that I vow to God I Would sooner bring myself to put
a man to immediate death for opinions I disliked, and so
' to get rid of the man and his opinions at once, than to
fret him with a feverish being, tainted with the gaol
-distemper of a- contagious servitude to keep him above
ground, an- animated mass of putrefaction, corrupted
himself and corrupting all about. him." The Learned
Gentleman next referred to the transactions at
Ballingarry, and thus concluded : To sum
up my argument, let me ask -fearlessly, has the
Crown established to a demonstration that the prisoner
levied war against the Queen? Directly he did not.
From a participation in each -and all of the overt acts
laid in the indictment he is free as the child unborn. This
the Learned Counsel for the Crown confesses. The ad-
mission ought to startle the jury into the most watchful
attention to. each step in the process by which the pri-
soner is argued into' the crimo of treasot. Mr. Smith
O'Brien and others levied a constructive war against
the Queen, and the prisoner is asserted to have been
constructively present at the levying of constructive
war. The prisoner, through the agency of several per-
sons whom he did not see; with whom he did not speak,
nor corresponded, from Monday to Friday evening, was
all the while levying war against her Majesty, and by
construction is present, although physically and men-
tally absent. You are to find, by your verdict, he was
constructively present, aiding those who were construc-
tively levying war against the Queen. He is to suffer a
most horrid death, on the ground of the ,acts of, others
with whom he was neither directly or indirectly con-
nected. This was the doctrine which b2flll-xl the com-
prehension of ordinary mindsp the lawyer establishes
by vague words a tissue of assumptions. Compelled to
adinit words are not treason, nor overt acts of levying
-war, he converts the speeches into acts, and says the
prisoner is guilty, not by words, but words which he
calls acts. This is a grand step in the process of making
out a constructive crime, evading or misstating the whole
of the law of treason. The framers of the statute of
Edward would stand aghast at this demolition of their
glorious work. Moreover, these guilty words are
to be received as evidence which would scarcely
be' listened to in a common action for slander.
'This constructive levying of constructive' war is
proved by cumulative, evidence of equivocal speeche3,
.and which, though deemed sufficient in cases of life
and death, would not he .received in cases of felony
under the statute of Victoria: TES is the perfection of
reason—a leaser degree of evidence required in the more
serious case. Assume there was a council of war, next
assume that thi, implied an intention to levy a.particu-
lar war in a particular place, neither being named or
specified, and nothing speeifie being mentioned as to time
or place, wherever or whenever the outbreak may
happen, those ignorant of the time, place, circumstances,
and actors, who never instigated the perpetration of any
of the acts charged, are said to be rebels—are guilty,
not merely of the *conspiracy, but ' of the fact
of levying war in the open field. This makes
our law of treason an abominable imposture,
for it enables a prosecutor to pretermit the
charge which. might be sustained for conspiracy,
and to charge a man with the doing of a number of
facts, of any ono of which he is wholly innocent. The
rational view of the matter. would be, to consider the
man who conspired to levy war guilty of the conspiracy
when indicted for that crime, and when his guilt was
established by two witnesses•to that crime, and to con-
sider those who levied war ,guilty of that fact when
shown that they did actually levy war in the field. The
course taken here is, to confound the distinction between
armies, and reason and justice alike. A plain violation
of the statute of Edward the Third this is, and the vio-
lation is justified on most suspicious authority. Accord-
ing to the construction we contend for, every man is
guilty of this offence who, in the words of the old
statutes, levies war, or who incites others or a multi-
tude, to do the treasonable acts of which he is accused.
This is sensible. The opposite view is a contrivance to
sacrifice human life on a quibble. But, at all events, the
foundation of the accusation is, that some conspiracy or
other to levy war has been proved. It is really the sub-
stance of the charge, and without clear proof
.to demon-
stration of this conspiracy the acts of strangers would
not bind the prisouer. Now, the case should be re-
garded by the jury as if the prisoner was actually n-
dicted for the conspiracy, his real crime, if any ; or,- if
he were so indicted, two witnesses would be essential to
I convict him. But the jury here.muet be satisfied_with

et,. nvict of eeconstrueti
be require c;Mriet of a clir,
_ -Y Permit th •useel;hy e cc•nstru
.ived of every bei.efit7?i'hick the Lee co;
ecause he is notindicieci for hisbrae erite , if en.)
supposing the jury maybe,airfeenti'o the pr
Jf convicting on the ti.stimony ore *Peek ! wituel
it was not surely too much. to expect,, it; inder
the voice •of reason. will be heard, that
witness be of imimpeerhable_ ehoeoun and
tegrity... To strip a e prisoner of the bent fit t
two witnesses, Which the lay( lequires mrprove an over
ace irilrelaud, is harsh -enotigh. oat insiteett of two /eoo
witnessete eo be satisfied with the' disks eti evidence 0.
an uceorrOborated epy, weittil :be the aciie'Or iuetiee
Was Dobbin a spy ? Was ho on
_csi-stent?—wasnj COL
firmed •in substantiel partietilars? ITnqt*stionably not
Would such a denbtfid 'witness etitlice tilndttee a jor,
to take away human lift when in reality two veraciou.
Witnesses should be. properly produced? Do ;lot au
'fritter away the- noblest- statute' upon -rvoie breaks.
single witness and a spy to establish guilt-Vyond a dott;:‘
in high treason, divested the subject or al/ protection
and prostrated the virtuous at the leet -of the vicion:
'No treasonable acts have been peeved ngeins!
the prisoner. The actinus or acts 'of other
are only evidence when you believe. the prisoner':
conspiracy to have ,beeh established, brit you catlnol
prove what must be established by independent proof.
Thus the whole case hinged on the evidence t)f an
uncorroborated spy. Aviful. would be tliteretporasibilitv
of the jury which would. tohCh human life. 'on such evi-
dence. Justice forbade lit. Take y. stand upon eh,
ancient law of England, it breathes the epirte of libeet::
and reason. Do not depart one. iota tram that Wee, et
enactment, sanctified by- the wisdom
_cf .entAquity, eed.
bottomed on immutable justice. Melly, a iilliperties of
your fellow-subjects are now. confided to-your T‘atchize,
care. It is not endugh that you should bA incerruptib; -
•you must be unassailable by eophiStry, inaccessible tc,
prejudice, re*olved. in • maintaining in its lull perfection
-that law of which you are now- the guardians,
Can you be satisfied beyond .a tleut,t that tie
prisoner levied war ake.inste the .Qwen ? Ire
. possible. If not convinced . to deniongtration ter
acquittal is his right. A mistake would be fetal.
Should a thing so' dreadful he -hereafter clisopeered, you
•would be tortured through life with a vain remorse, anc
•your consciences. terrified at the hour ttf.dt mill. In the
sacred name of justice I demand the acquittal of the.
prisoner. You see him scerc'ely entered on the race t
"life, with every prosp, ct of a happy and' a OVA careke-
li.rrient in feelings, of -generous, . igisiovs, gifti-c;
. with impassioned • eloquence—acid urged on by
-vehement love of country—his indiscretions have beer
- free from meanness, selfishness, hypocrisy, and false-
hood. His deSire to restore a local Parliament may
visionary, but .it was rational, and sprung from the
.noblest feelings that can -warm or animate the heart et
man. I declare emphatically my belief that upon
such sh'eds of.,;.`t:vidence as you have heard—if tt
in England—his acquittal would be certain. Discritni-
mite then between guilt and innocence, judge him by hie
own conduct, and a conviction for this crime is impol
sible. The .proceedings of this commission—the con-
stituency of the country—the very prejudices pressing
upon the prisoner, are -all, with honourable Minis, 50
many additional reasons for the extremest caution in
listening to the proof of 'worth., nothing but 'words, te
establish treason. I have to tell you thiv—that at,
honest verdict of acquittal will be hailed with deligh
by all reflecting men, and by your countrymen. through-
out the wide world. withe gratitude—and, better
it will receive - lasting approbation of the-
impartial monitor within. Your posterity will remem-
ber and bless-your names, it will be said of.yeu thee
empanelled in a time of unparalleled excitement, y.
had donejustice temperately, wisely, reconciling mane
to the law who had doubts of its impartiality and fiem
news—that you had refused to listen to sophistry, anc•
would not convict your fellow-creatures on conjecture.
or guess that you had struck down the odious dactrine
of constructive treason, and restored the law to the
noble .simplicity in which it was fashioned by a free
and virtuous ancestry. May that law—not a web of
sophistries, quibbles, and constructions—hut.;a law el:
'of broad 'reason, be perpetual as the greatness whence i!
sprung, and ;may the free constitution it defends flourish
in unbroken splendour until that dread day in whiel-
We have beentatight to'believe this fabric of nature mut
be dissolved in eternal ashes !

such sits!,.:

Mr. WHITESIDE was quite exhaused at the close cf
his address, which ended at about halt-past one. and
on this occasion even surpassed his effort on behalf of
O Brien.

The evidence for the defence was then called. The
first witness deposrd to being a member of the Red Ham?
Club, and being acquainted with Dobbin. He was a
member before Dobbin, and swore that nc Debbie
nor any one, dee had ever been appointed delegate
from the club, under any circumstances, and nono of t;.,
club had ever bean armed.

Mr. Kirwan,. the solicitor for Mr. Meagher, then dr
posed that he had examined the balloting papers for tl,
council of war, and though Dobbin had stated that M
D. Reilly and Mr. Lalor had an equality of votes, t;
numbers, according to the papers, were—fcr Mr. Reili
16, and for Mr. Lalor 10, and this on the first ballot.
Similar evidence to that in the case of &Donohoe we
then given, showing that Mr. Meagher, on the day oft!.
attack at Widow Cormack's, was some miles distant, an
could not have been there.

- After a short adjournment, Mr. Butt followkd on
same side as Mr. Whiteside, on whose speech he pass:-.ti
a high e'ulogium. lie necessarily passed over the sam.:
das on this and- previous triale. Ilis speech as
'able v%
and argumentative, and had not concluded at •half•
past seven, when be prayed the, -indulgence of. as eel.
journment, which the Court refustd, till Nir. Meaglie:
implored them to do so as an act of justice to his coun-
sel. The verdict will probably be given late-to-morrow
&gilt. The Commission will continuo its sittings or
Monday.
Orchard will be the next prisoner tried.
TIIE VERDICT.

CLONMEL, SATURDAY EVENING.
Mr. BuTT-having concluded his speech,
Lord Chief Justice BLACKBURNE then informed Mt.
Meagher that if he wished to say anything, this was the
time.

Mr. Meagher replied—No, my Lord; I will:say no-
thing. I have committed my case to counsel whose
abilities and genius I am satisfied with, and who have
said all I could wish.

After a short adjournment,
The SOLICITOR-GENERAL replied on behalf of the
Crown.

'lord Chief Justice BLACKBURNE then summed up,
during which he read the evidence of Dobbin verbatim,
and told the jury- that they must be the sole judges of hit
veracity. _ _

Tho3ury retired, and at a quarter to eight returned
into court with a verdict of Guilty ogaanFt T. F. Meagher,
strongly recommending him to mercy, on-account of his
yoath, and fur o her reasou.

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spared by adopting the following precautionary means .
To eschew the use of fruit, vegetables, pastry, eggs, the
fat of•meat, sauces, wine, beer, and spirits, and to avoid
committing any kind of owes?. To cleanse well the
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itnpuriths, which will be effected by taking five or six
pill night and morning for fifteen days, and afterwards
to take two or three doses a week. Thus the highest
state of health will be obtained, and Cholera in every
case prevented. The same precautions should be taken
in cases of diarrhea and ordinary bowel complaints.—
Sold by all druggists, and at Professor Holloway's esta-
blishment, 244, Strand. _

CADVERTlSEMENT.j—lndigestion—that Parent of
so many diseases, may be efft ctually cured by the use
ofahe celebrated Vegetable Restorative-Pills, prepared
by J hn Kaye, of Dalton-hall, near Huddersfield. This
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but upon facts. Joeathan Good, tailor, of Winchester,
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per bilC." • •

SUSPENSION OF THE WORKS AT THE NEW PALACE
AT WESTMINSTER.—For several weeks past consider-
able
.excitement has prevailed amongst the workmen,
'and -those dependant on them, as to the course that
would be adopted by the contractors, Messrs. Pete and
Co., with regard to those workmen who continued their
work, and bad refused to recognise the mischievous
strike of the masons. On Saturday,' however, in conse-
quence of the continuation of the strike, the contractors
discharged a large body of the men engaged on the
works, to the number of 200, in addition to a much
larger number gradually discharged during the re-
ceding weeks; and it is to be regretted, it was stated,
that the remainder of the men employed on the works.
to tha number of upwards of 800, would be discharged
on Saturday evening next, and that the workS would bo
entirely stopped durifig the winter.
CLASHING OF THE CORONERS' AND MAGISTRATES'
Confers.—n., Saturday Mr. Wakley; M.P., suutna;ated
a jury at the Duke of Wellingten, Brighton...treat,
Cromer street, New road, to inquire into the death of
Harriet May, aged three years. Pr vious to the'jury
beingsworn, Mr. Waltley inquired of his summoning
officer whether the witnesses were in attendance ? s'The
officer replied that they were not, in consequence of de-
ceased's neither and aunt having been arrested unler a
charge of having caused deceased's death. The •wit-
nesses were, therefore, compelled to attend the police-
office at that very moment. The coroner and jury depre-
cated this clashing of the two courts, and, after wale
very severe remarks by the jury upon the subject, the
coroner adjourned the inquiry 'to smother day.
THE ALKALI TRADE.=—We understand that at tt
late meeting of the alkali manufacturers of the Tyne, it
was agreed to increase the_ price of soda, which is now
twenty shillings higher. It is doiibi fel whether the in-
crease' can be ; arid soma have suggested; as
a ,more preferable mode of rem( dying the embarrasied
state of the trade, to lessen the manufacture about 20
par ceut.--Suntlerlund Herald.
The Adiris says that " Major Edwardes, the rising
.militaiy genius of our eastern empire, has lost the use
of his right hand by the explosion of a pistol."