The Sun.
London, England, 1848-05-29 00:00:00

No. 17,370.] LONDON, MONDAY, 7'4' *-*
t „ ,
,

PUBLICATIONS.

FRASER'S MAGAZINE for JUNE.
Price 2s. 6d., or by Post, 35., contains :
J. France: her Revoluti.ms, her 6. Lord Hervey's Memoirs.
Republics, her National As- 7. The Armourer of Munster—
setablies, her Parties, and (Concluded).
Present Prospects. 8. The Secret Committee on
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5. The Last Struggle of Abd-el-,10. Current History. Chronicle
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Policy in the Levant.
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'atter, West Strand.

This Day, Sixth Edition, almost wholly re-written, considerably en-
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AMANUAL OF CHEMISTRY.
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On the lest of June, the First Monthly Part, price Sixpence, of
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OCIAL DISTINC TION ; or, Hearts and
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STRICTURES OF TILE URETHRA : Prevalent and Dangerous

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Just published, price 55., (by post free, 65.,) Bvo., in cloth,
THEPATHOLOGY AND RATIONAL
TREATMENT of STRICTURES of the URETHRA, In all
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the frequent esciting, cause of stricture, and that a want of practical
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.urce of most of the severe, longprotracted, and complicated cases
of that disorder so fataly prevalent. The whole illustrated by nu-
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ON NERVOUS DEBILITY AND GENERATIVE DISEASES.
Just published, the Thirty-sixth Thousand, an iniproved edition, re-
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MANHOOD: the CAUSES of its PREMA-
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A Medical Essay on those Diseases of the Generative Organs,
emanating from Solitary and Sedentary Habits, indiscriminate Ex-
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" Manhood.' A Medical Work.—To the gay and thought less we
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whilst to some it may serve as a monitor in the hour of tempta-
tion, and t., the afllictedits a sure guide to health:"—Chronicle

'‘ ' ➢fanhood.' By J. L. Curtis, and Co.—Their long experience
and reputation in the treatment of these paint ul diseases is the
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" Curtis on Manhood' should be in the hands of youth and old
age. It is a medical publication, ably written, and ilevelopes the
reatment of a class of painful maladies which has too long been
the prey of the illiterate and the designing."— United Service
Gazette.

The Parent, who beholds his beloved child pining away, and last
approaching to a premature grave, in consequence of some disease,
which, for want of careful investigation of its real cause, has been
set down to the score of consumption, will, on perusing this work,
be astonished to find, that in nine-tenths of the cases of young per-
sons of both sexes, who perish of what is called pulmonary con-
sumption, heart disease, tabes, &c., the sole and exclusive origin has
been the indulgence ill certain destructive habits practised by youth
much more frequently than it is at all suspected.
N.B. hours of consultation from Eleven till Two, sad Six to
Eight in the Evening.

VAUXHALL GARDENS.—Great preparations have
been made at this popular place of amusement for the
approaching season, which will be commenced this
evening. An immense painting, or rather a series of
paintings, arranged to represent the streets and vistas of
a large city, and depicting Constantinople, designed by
Mr. Battie, occupies the firework ground, and will fur-
nish the scenic effects on which will be displayed the
fireworks, &c. There are a host of equestrians, and a
splendid stud of horses. Messrs. Moseley and Wallett,
from the United States, and M. Gauthier, riding-master
to the King of the Belgians, will have the arrangement
of this part of the entertainments. Bands of instru-
mental performers have been engaged, and a number of
old and new favourites, singers and pa.ntomimists and
others, for the minor accessaries of amusement. The
fireworks and illuminations will be on the usual scale of
brilliancy and good taste.

[ADVERTISEMENT.]—INDIGESTION AND BILIOUS
COMPLAINT OF THREE YEARS' STANDING CURED BY
HOLLOWAY'S PILLS.—Mr. C. Williams, of Dungannon,
had been suffering for three years with a severe bilious
complaint, accompanied with bad digestion, and a con-
stant expectoration of phlegm. His afflictions from
these disorders were so great, that for nights together
it was impossible for him to lie on a bed. All the me-
dicine he had taken failed to give him relief, he there-
fore determined on giving Holloway's Pills a trial, and
he was soon gratified with the result, for this valuable
Medicine speedily improved his powers of digestion, re-
moved the excess of bile, and re-established him in per-
fect:health. Sold by all Druggists; and at Professor
Holloway's Establishment, 244, Strand, London.
THE NAVIGATION•LA.WS.—On Friday, at Liver-
pool, a meeting was held to consider the proposed
change in the Navigation-lava. The chair was taken
by the Mayor. The galleries were filled with gentlemen
of note in the town and neighbourhood ; and the railed-
off space, to which the entrance is from Chapel-street,
was densely crowded with a respectably-dressed body of
men, the great majority of whom apparently were ship-
carpenters, or others connected in an operative capacity
with the shipowners' interest. The meeting was ad-
dressedog,emndtleemen, andmning a
at considerable length by Mr. Aikin and other
nch ester, eventually resolutions were agreed to
wa)a.sneysetxeredhaayn,getu!nenttliireelynaovpigpaotsiioten-olapwinsi.on Aton
these laws
M
of Commerce,
repeal was agreed to.
Pare psesetid on to the House of Commons
ti At a meeting of the Cham-
berfor their
The Bishop of Durham, who has been paying to
Commissioners during the whole of
his episcopate 11,2001. e.ar, under the Act of 1836,
has communicated his intention
luutary annual Aim oi 0.0n0h07 of PaYing a further vo-
to the discre;tioenuve'flitb
incumbency in the bishopric If' 1..
"mli"d"
of.
his
ap-
plying the money otheeoLumralessiootners

IRELAND.

THE STATE PROSECUTIONS.
THE QUEEN v. JOHN MITCHEL.

DUBLIN, Mil' 27.—Before their Lordships (Baron
Lefroy and Justice Moore) took their seats on the bench,
the Crown Counsel, the Attorney-General, Mr. White-
side, Q.C., Mr. Henn, Q.C., the Hon. ➢lr. Plunkett, end
Mr. Baldwin, entered court, and ranged themselves in the
place always occupied by them immediately beneath the
bench.

Mr. Holmes, Sir Colman Oioghlen, Mr. Pigot, Mr.
O'Hagan, and Mr. Dillon, counsel for the prisoner, occu-
pied the seats opposite.
The other seats were occupied by members of the bar.
The body of the court and the galleries were filled by the
public generally. There was no pressure, no excitement,
no commotion in the court, and though the crowd was
excessive outs:de of the doors there was little or no con-
tusion, owing to the strong body of police, foot and
tnoutitt d, that were in attendance.

The prisoner having been arraigned and given in
charge as on the former day,
The ATTORNEY-GENERAL rose to state the case
against the prisoner on the part of the Crown. The
Learned Gentleman said—Gentlemen of the jury, in
this case Mr. Mitchel stands before you charged with
the commission of an offence of a very serious character;
it is, gentlemen, no less an offence than that of felony.
It is a felony, however, riot involving the loss of life of
the accused, but certainly, gentlemen, involving his li-
berty to a very considerable extent, because the punish-
ment assigned by the law for the offence of which he is
assused is either imprisonment for a considerable period
or transportation, as the Court may consider fit. There-
fore, gentlemen, I am quite sure, when I inform you of
the very important consequence that may result to Mr.
Mitchel from your verdict in this case, that I need not
bespeak your most serious attention to the evidence
which we will offer to you, and to the observations which
shall be made, so far as you shall consider them
pertinent to that evidence. It is, gentlemen, I
am sure, almost unnecessary on my part to
beg of you, in the discharge of the solemn duty that is
imposed upon you, to discard from your mind any feel-
ings or opinions that you may entertain—if possible you
have already entertained an opinion in this case—and to
form your opinion, as the law renders it necessary that
you should, from the evidence that shall be adduced
before you. The offence with which Mr. Mitchel stands
charged is one which, until a very recent period, if com-
mitted in England, would be considered as treason.
From the earliest periods of our law the highest offence
of which a subject can be guilty is the crime of treason.
That was the case, gentlemen, partly in consequence
perhaps of the reverence that is always bestowed by the
law of England on the person of the Sovereign, and
partly in consequence of the dreadful mischief and the
numerous persons involved in a crime of that descripe
tion. Previous to the month of April, you are aware
of the state in which this country was placed, and
of the political associations which were formed through
the country ; and of the objects professed and
avowed, of those several associations. The object
that was avowed by some of those associations, up to
that period, was to procure a repeal of the legislative
union. That, gentlemen, was a legitimate object. The
legislative union is the effect of an Act of Parliament ;
and there is no illegality, nor is there anything wrong
in any person (who supposes that a repeal of that Act
of Parliament would be beneficial to his country), en-
deavouring to obtain that repeal by legal and constitu-
tional means. Accordingly, gentlemen, some of the
associations which were formed in this country professed,
as I have no reason to doubt, that their object was to
obtain a repeal of the legislative union by legal and
constitutional means—as they said by the force of public
opinion—by bringing public opinion to bear upon the
question—by raising a party in the country favourable
to it—and by satisfying the Legislature that the true in-
terests of the country required that such an alteration in
the constitution was necessary. Therefore, there
was nothing wrong, nor was there anything ile
legal in such proceedings. But a party se-
parated from that body, and the professed ob•
eect of that party, so far as we can judge from their
publications—some of which will be laid before you—
was this, to obtain that repeal of the union, not by
legal or constitutional means, but by having recourse
to force and violence. In this state of things it became
necessary to pass the Act of Parliament on which the
present prosecution is founded. Previous to the passing
of that Act Mr. Mitchel was, and is still, the proprietor
of a newspaper entitled the United Irishman. From the
publication of the very first number of that paper the
articles published in it were of a tendency certainly cal-
culated to excite the attention of the Government and of
those having regard to the preservation of the public
peace and tranquillity of this country. Though it might,
perhaps, be strictly legal, I do not mean to offer in evi•
cience to you any articles published prior to the Act of
Parliament receiving the Royal assent under which this
prosecution is brought. It is enough for me to say of
the articles previous to that period, that it appears from
the publication itself which is now the subject-matter for
your consid, ration, that those publications had been
made prior to the publication of the articles with which
the gentleman is now accused, and that they have
been made, and are still the subject-matter of pro-
secution and pending against him in the Court of
Queen's Bench; that is all I shall say in relation to
them. The Act of Parliament which I hold in my
hand received the Royal assent on the 22d of April, and
the charge which we bring forward against Mr. Mitchel
on the present occasion is this, that he did, since the
passing of it, compass, imagine, invent, devise, and in-
tend to deprive and depose the Queen of the style,
honf,ur, and royal name of the Imperial Crown of the
Uni ed Kingdom; and that he did also compass, imagine,
invent, devise, and intend to levy war against her Ma-
jesty, within the United Kingdom, in order, by force and
constraint, to compel her to change her measures and
councils; and that such his intention he did express and
declare by publications in the newspaper of which he is the
editor, publisher, and proprietor. I mentioned, gentle-
men, to you, that prosecutions aro pending against Mr.
Mitchel in the Court of Queen's Bench fur articles
published by him. It also appears, and will appear in
evidence before you, from the documents published by
Mr. Mitchel himself, that there was also pending, at the
same time prosecutions in the Court of Queen's Bench
against Mr. Smith O'Brien and Mr. Meagher, who are
also members of the Irish Confederation. Those prose-
cutions were instituted at the same time, and were car-
ried on simultaneously [against those three gentlemen.
It appears, gentlemen, that in consequence of those pro-
secutions that were pending, it was considered advisable
by persons entertaining the same religious opinions in
the city of Limerick, to get up a meeting, or give an
entertainment to those three persons who were prose-
cuted ; and accordingly a meeting was held in Limerick,
described as a " soiree to the persecuted patriots." That
meeting was held on Saturday, the 30th April, and at
that meeting Mr. Mitchel, Mr. S. O'Brien, and Mr.
Meagher attended as the guests, I believe, to whom the
entert driment was given. In the course of that evening
Mr. Mitchel delivered a speech, the publication of which,
in his own newspaper, on Saturday, the 7th of May, is
one of the articles upon which we rely as a printing
published by him, within the words of the Act of Par-
liament, expressing and declaring a certain compassing,
imagination, invention, devise, and intention. And I
believe the only question that will be left to you by the
Court will be this—whether, in point of fact, those
articles, and that in the other paper to which I shall call
your attention just now, does not clearly express and
declare the intention of Mr. Mitchel—that intention
being the deposition of her Majesty the Queen from the
style, honour, and royal name of the Imperial Crown
of the United Kingdom, or the levying war against
her Majesty, in order by force to cause her to change
her measures and councils. You will not, gentle-
men, on this trial have to determine on the credit
that is to be given to witnesses. Your opinion will
not be required on any fact on which there will
be contradictory evidence before. Your opinion
will be merely required on the mewling, and :intention,
and construction of those articles, written and published
by Mr. Mitchel in this paper, of which he is the pro-
prietor. The first, gentlemen, of these articles is the re-
port of a speech delivered by him at the meeting in Li-
merick, on this occasion to which I have referred. In
that speech Mr. Mitchel says—" Can I repudiate the
last speech of Mr. O'Brien in the British Parliament—
one of the noblest, clearest statements of Ireland's case
the very haughtiest, grandest defiance flung in the face
of Ireland's enemies that ever yet fell from the lips of
man ? Or can I condemn the alternative put by Mr.
Meagher, who says, when the last constitutional appeal
shall be made, and shall fail—' Then up with the bar-
ricades, and invoke the God of battles !' " That, gen-
tlemen, Mr. Mitchel says, is the sentiments of Mr.
Meagher, and what is that sentiment ? Why this—
that when the last constitutional appeal shall have been
ahmpiaadeecea ,
cal
appeals
ehalner nrene
now
says—
seios
u—erl
uewes
,eh
doe x
againstoheopltd— twh ahutes
u,constitutional
means, and the pluck to do it—the barricades and the
God of battles.'
orueudgpiiiaowtseiinrtt,ohh, the barricades, and invoke the
God,of battles."

May I ask, respectfully, my very able and respected
friend who is to follow me, as Counsel for Mr. Mitchel,
—may I ask him to inform yon, gentlemen, what con-
struction can be put on that paragraph, save the one I
take the liberty of suggesting; and it is that, when the,
last constitutional appeal shall have been made, they
were to erect the barricades and invoke the God of
battles. Mr. Mitchel states his opinion to be, that the
time for all constitutional appeals has passed—and that
the only resource left was to erect barricades, and invoke
the God of battles. You, gentlemen, no doubt recollect
that portion of the history of the world that this allusion
to barricades was brought from; it is taken from the re-
volution which has been recently effected in France. Ile
says—
No; all the seditions and treasons of these gentle-
men I adopt and accept, and I ask for more.—(guar,
hear.) Whatever has been done or said by the most
disaffected person in all Ireland, against the existence
of the party which calls itself the Government—nothing
,n go too lar Wi;att %or pablid tieetun. ti4ere
are in this land, Ihavestomach fur them all.—(Cheers.)"
The Learned Attorney-General continued to read many

more passages from the same speech. He then con-
tinued—Now, may I ask, gentlemen, what meaning was
intended to be conveyed by this statement? For what
purpose were arms alluded to to be used? Is it pos-
sible that they were intended for any other purpose than
that which I have taken the liberty of suggesting? But
if lam wrong—it they were to be used for any other
purpose, I ask my Learned Friend who is to follow me
to state what purpose that is? Mr. Mitchel then goes
on and puts very clearly what his intentions are. He
says—
" May I presume to address the women of Limerick?
It is the first time I have ever been in the presence of
the daughters of those heroines who held the breach
against King William; and they will understand me
when I say that no Irishwoman ought so much as to
speak to a man who has not provided himself with
arms."

May I ask for what purpose were those arms to be pro-
vided? Does he not state in a previous part of his
address that those arms were to be used against the
Government of the country, the public enemies of the
country? He goes (se—
No lady is too delicate for the culinary operation of
casting bullets. No hand is too white to make up car-
tridges. And I hope if it be needful to come to the last
resort, that the citizens of Limerick, male and female,
will not disgrace their paternal and maternal ancestors."
For what purpose were the ladies of Limerick to make
up cartridges and cast bullets, but to be used as arms
against the enemies of the country—namely, the British
Government? He adds—
" Before sitting down, now, I wish to contradict one
calumny. It has been said of me—Lord Clarendon has
had it posted up over Dublin--that I have been inciting
the people to plunder and massacre ; that my object is
to raise a hasty and immature insurrection ; that I want
to plunder houses, to rob banks, to break into shops, and
stores. Need I refute this outrageous calumny ? Who
ever heard me stimulate my countrymen to civil war
against their own flesh and blood? My friends, we have
no enemies here save the British Government and their
abettors."
Who the enemies are who were denounced all through
this speech it will be for your consideration, gentlemen,
to determine. Mr. Mitchell concluded his address by
saying—
"A war of assassination and plunder against our
countrymen would be a wound to our own vitals.—
(Hear and cheers.) I shall say no more of this; but
again heartily thanking you for your kindness, I con-
clude by urging you once more to stand by and sustain
smith O'Brien against hia enemies, and yours—to sus-
tain him, not for his sake, but for your own.
If yet you are not lost to common sense,
Assist your patriot in your own defence ;
The foolish cant, he went too far—despise.
And know that to bo brave is to be wise.''
I will not trespass on your attention, gentlemen, by
going over this speech, which I have read for you. I
shall only very shortly remind you that in an early part
of this document the prisoner said that he would prefer
a provisional government, constituted of the mob that
hooted him in the morning—that were hooting him at
that moment—rather than endure for another year the
British Government. I will merely call your attention
to that passage in his speech, in which he says that all
the treason that had been spoken should be approved
of, and that be had stomach for it all ; and that he
did not repudiate the statement of Mr. Meagher,
who said that when all constitutional efforts
had failed, they should erect the barricades, and
invoke the God of battles. /He stated that he
did not attend at that meeting in the character
of a Republican, though he was a Republican in prin-
ciple. I ask you, therefore, gentlemen, when consi-
dering this publication in your jury box, to ask your-
selves calmly and deliberately what other object or in-
tention he could have had in view than this, "to
deprive the Queen of her style and royal name of the
imperial crown of the United Kindom, and to levy war
against her Majesty within the United Kingdom, in
order, by force and constraint, to compel her to change
her measures and counsels ?" Gentlemen, if a provi-
sional government were to be formed, what was to
become of her ? If a provisional government is to be
formed, is it for the purpose of continuing her Majesty
as Queen of tthe United Kingdom. The two proposi-
tions aro ut erly and altogether incompatible. If it
were not the intention to establish a republic, it must,
at all events, have been to levy war against the Go-
vernment, in order, by armed force, to compel a change
in the constitution. Gentlemen of the jury, I have
now stated to you the nature of the publication in
the first paper upon which we call for your ver-
dict. That publication was published on the 6th of
May last. It cannot be said that it was an unadvised pub-
lication—it cannot be urged that the Government took
Mr. Mitchel by surprise—that the Government had
tolerated the seditious publications of Mr. Mitchel too
long, and without notice and intimation to him had
availed themselves of an Act of Parliament immediately
after its passing, in order to prosecute Mr. Mitchel. At
that very moment, gentlemen, that Mr. Mitchel was
publishing this article, Mr. Mitchel was aware that he
himself was prosecuted—that a prosecution was pending
against him for articles of a similar character and ten-
dency in earlier numbers of the same paper. Ido not
mean, gentlemen of the jury—as I trust I never shall,
appeal to the passions of a jury in a criminal case ; I
shall, however, appeal if I can to
your judgment and to
your reason. I appeal to that judgment, and ask what
is the meaning of that speech and its tendency ? I
appeal to that judgment, and I ask—was it right or
was it proper,
Pending an appeal to the laws of
the country for the publication of a similar charac-
ter—was it right that Mr. Mitchel should indulge in
such a publication as I haveust submitted to
I
you? If that article stood alone, do not anticipate
any doubt could be entertained with regard to the feel-
ings, opinions, and intentions of Mr. Mitchel.
But, gentlemen, in order to remove all doubt, in order
I should suppose, to leave no alternative to any Govern-
ment, or to any officer holding the position I do, not to
appeal to the laws of the country, Mr. Mitchel, in the
r• set
itu sl
eusc,cieue dwi nhgi nh um
theb ei ru
invention
os
ap aupfe ress pdtaubbi liisshhieng t
no
other
next
Irish Republic, the time of its being established, the
mode of its establishment, is in express terms stated.
This, gentlemen, is not merely a publication in the
newspaper of Mr. Mitchel—it is not merely an article,
perhaps writted by another—it is a letter purporting to
be written by himself, and addressed " to the Protestant
farmers, labourers, and artisans of the North of Ireland."
Ilse letter is a long one; I shall read it for you, as I am
anxious that you should have the whole publication be-
fore you. It was published in the newspaper of the
prisoner on the 13th May, and I think, from some por-
tions of it, that Mr. Mitchel himself is from the North
of Ireland. (Tne Attorney-General then read the letter.)
Now, gentlemen, I come to that portion of this letter '
which really and plainly
expresses the objects and inten-
tions of the prisoner throughout the entire of these publi-
cations. I thought it necessary to read the preceding
part of this letter, lest it should be supposed, because I
omitted it, that there was anything contained in it cal-
culuted to lessen its effect, or give a different meaning
to the remainder which I am now about to read. In-
deed, I think that the part I have already read, plainly
shows that there is no advantage to be derived from
" our foreign connexion," meaning, " the lady or wife
of Prince Albert." The letter then proceeds as
follows:
" I tell you, frankly, that I, for one, am not 'loyal.'
I am not wedded to the Queen of England, nor un-
alterably attached to the House of Brunswick. In fact,
I love my own barn better than I lore that house. The
time is long past when Jehovah anointed Kings. The
thing has long since grown a monstrous imposture, and
has been already in some civilised countries, detected as
such, and drummed out accordingly. A modern king,
my friends, is no more like an ancient anointed Shop.
herd of the people, than an Archbishop's apron is like
the Urim and Thummim. There is no divine right now
bat in the sovereign people.
" And for the institutions of the country,' I loathe
and despise them ; we are sickening and dying of these
institutions fast ; they !are consuming us like a plague,
degrading us to paupers in mind, body, and estate—yes,
making our very souls beggarly and cowardly. They
are a failure and a fraud, these institutions—from the
topmost crown-jewel to the meanest detective's note-
book, there is no soundness in them. God and man aro
when I hand;shall witness the
and cruellest tyranny
weary of them. Their last hour is at I thank
the grave of the most
utter God tdhuawtulfttLiveauidn
trample daysupon
ple
"he is not loyal," that " h
that
deformed the grandest,this
What meaning, gentlemen, may I ask you, will you put
upon that paragraph, when you retire from this Court
to your jury-
is not wedded to the Queen of England, nor unalterably
wmoreladn;st,
e
attached to the House of Brunswick." Does that mean
that if he is able be will get rid of the Queen of England
and the House of Brunswick ? Ile also says, " that the
• box ? He says,
time is long since past since Jehovah anointed kings—the
thing has long since grown a monstrous imposture, and
has been already, in some civilised countries, detected as
such, and drummed out accordingly. Even gentlemen, if
this article stopped there, you could entertain no doubt—
bearing in mind the time the article was published,
namely, at a period when Europe had scarcely time to
reflect upon the revolution which had just then been ef-
fected in France—as to what the meaning and object of
the prisoner was. But, Gentlemen, the matter did not
rest there. for he then goes further. May I ask, Gentle-
men, am I drawing on imagination when I ask you not
to put any forced construction on his language, bat to
translate and receive it literally as it is written? He
says—" Not tending to a local legislature—not to a
return to our ancient constitution—not a golden link, or
a patchwork Parliament, or a College-green chapel of
ease to St. Stephen's ; but an Irish republic, one and
indivisible." Was that language consistent with the
sovereignty of the Queen? Was it consistent with her
Majesty remaining Queen of the United Kingdom to
establish an Irish republic one and indivisible? How
was this republic to be established? His avowed object
is an Irish republic. The mode by which it was to be
obtained was by himself and his countrymen meeting in
arms. He goes on to say—
" And how are we to meet that day? In arms, my
countrymen, my arms. Thus, and not otherwise, have
ever nations of men sprung to liberty and power, &c.
Mr. Metebel le.ows :or his object an Iris republic, one
and indivisible ; he has avowed his means for procuring
I that republic, by " appearing in arms," lie has also