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

THE STATE TRIALS.

We published yesterday a summary of the proceedings
on Saturday, and the verdict-orithe j-tty-.. We now give
a fuller te?port.
Mr. O'Brien having intimated his wish to withdraw
the offensive expressions used by him towards Mr.
Hodges, the Government short-hand writer,
The LORD CHIEF JUSTICE resumed his charge. His
Lordship first repeated the evidence of Dobbin.—(Whilst
he was doing so
Mr. O'Brien appeared to be amusing
himself by taking a sketch of a national emblem which
ornaments the canopy under which the Learned Judges
sit.) His Lordship said, with respect to this person's
testimony, I shall say nothing more than this, that the
object of the first meeting was to have an accurate ac-
count of the force of the clubs; that the object of the
second meeting was to ascertain how the proclamation
might have been obviated or obstructed; and that the
object of the third meeting was to elect an execu-
tive committee; but upon his cross-examination
he said it was a council of war, and being a council
of war, it was agreed that no clergyman was
to be upon it. This is important evidence, but it
would be kl'fectly untrue if I were to represent to you
that the prosecution or the charge against the prisoner
entirely depended upon.your belief of it. -If you believe
it, it goes to sustain the case of the prosecution; but
supposing you do not believe it, or have any rational
doubt as to the truth of• the 'testimony' of that man, io
either case I tell you.;explicitly to reject it from your
,consideration„eot to act upon it, and give your verdict
as if you had never heard it. At the meeting at the
Music-hail; on the 19th of July, Mr. O'Brien made a
speech, which, both on' the part of the prisoner and of
the Crown, has been so fully commented upon, that I do
not feel it incumbent upon me to repeat it; but this is
, perfectly plain—that in part of that speech Mr. O'Brien
refers to his having reviewed the clubs in the south of
Ireland. (His Lordship read the passage in which Mr.
O'Brien stated that at Cork he had seen 2,000 men as
well prepared. for action as any of her Majesty's troops,
and that he was told 10,000 more had promised to sup-
port him.) And you will find that although the mem-
bers of the new body, or many of. thein,"were known to
be adverse to the formation of. these clubs, he diitinctlY
,asserts his own right, and the right of others like, him,
to continue the same steps of organization, and ho does
not prefess_

!;-With referOnice SO 'the' testro;onT'of'Da."---bbirr.."---if you be=
'
tieve him, he has advanced ch. ease 'on th'e 'part of the
'
,Crown' one atep'fai•ther than the 'other evidence: , It ire
not that be-has shown an object different from that which
that
:the other evidence established—he has proved' te
ject to be the same; but he has gone further in marking
has -
the progress of his confederates, and he given evi-
dence that they were determined, by arms, within a very
short time to break out into actual rebellion, and that
c
the military.council, the executive committee, had,
by its members, pledged itself that that outbreak should
take place before the Bth of August, at the very farthest.
brow, supposing you do "not believe him, and that you
expunge from your memories and pay no regard what-
soever to his evidencewohere would still, and notwith-
standing that, remain
hataaeself—the general purpose
pointed out to you on the
confession of Mr. O'Brien
and object; and.there would still remain. the formation
of clubs, for the attainment of. that . object; and, there-
fore, when we come to Citsecond series of this evidence,
you will keep what I htav,e stated to you in your minds;
h
because, according-too-
will render yout coneltes.° view you will take of it, it
far as the grounds 'oriliOn's.tlee more or less certain, as
subsequent transactions ose conclusions arise from the
; that is, if .you find the same
means used, ' and the
truth it is but a same object proposed, then in
continuation •of, the same plan ; and,
though evinced by. different evidence, as extending over
a different period, it will
the same object, and etill be the same project, have
the
.same general and national
character. I shall very minutely go through the evi-
dence which bears' on miortant view of the case ;
and you will remember, andl
mast repeat it, as it is
essential with respect to the prisoner's defence, that you
should keep constantly in
to
thoughts, on the subject
0
on . which you are now inquire, those questions--
Whether the insurrection urrectio and the force had a
general object,
o force were limited and whether that insurrection and
the prevention of --- the confined exclusively to
the arrest of Mr. Smith
O'Brien. These arematters for your considera-
tion ,• and it is on these ons you have to decide.
The Learned Judge then proceeded
branch of the evidence, conain to refer to the second
er.
departure from Dublin, He ncing
went onwith M
to road thßerien evi-
dence of the police who had reported the speeches made
by Mr. O'Brien and.his friendslfectheir journey through
Enniscorthy, Kilkenny, Callan
..'earirick-on-Suir, &c.,
and, having done so, said—Doee athngaitialhee;here used
sole,
convey to the mind the impressionth personal
safety of Mr. O'Brien. was the and -exclusiv.eob'
of these meetings and,transactiona elthe ject
,or does language
in its fair, natural,
.and evideut import;
convey to the
'' d the impression that there w 46 an ulterior general
ilin of-mindwad
purpose o the suggested by the evi-
dence—which may 'be expiesse.d,
in the language of
those papers, as making Ireland ttliee and independent
nation? His Lordship,-next referred to,the evidence of
Patrick Coughlan, who brought them to Carrick. The
Learned Judge was proceeding to read the evidence of
this witness, who' Mr. O'Hara came hurriedly into
COurt, and whispered Mf.131-ertr, PAO of the advising
Counsel of Mr. O'Brien. - ' - •
Oa the application of MreßanToeethe Court adjourned
for some time, in oeder that therCounsel for the_Crown
and for the' prfsonet might consult at chambers, some
important evidence for to prisoner having been disco-
vered in Dublin.
During the deliberation, Mr.,Smith. O'Brien intimated
a wish to epeak to Mr. Hodges, the Government reporter,
who at once crossed the table, and went to the dock,
where Mr. O'Brien shook him warmly by the band,
and stated that whathe had Amid on the first day with
respect tO, his (Kr. Hodges) acing -a 'BI3Y, was said in a
moment of excitement,- and was- by no means intended
to convoy ap imputation on the, character of that .gen-
tleman. • ' - • '• '
* . • *to court,
On the return (A .the "Judi
Dobbin was recalled by the; Wish of Mr. Whiteside. -.
The Attorney-General dici'not oppose the application.
Mr. WHITESIDE (to ))obbin)-440 you remember
being at a taVern, in the middle of the month of Juneiat
, the corner of Great George-itreet? :Dobbin—l never
was there.—Do you remember being at a tavern or pub-
lic-house, discussing the political grievances of Ireland
with two other men? ' •Icton't recollect that I vras.—Do
you know O'Neill's Tavern? I do not.—Was -there a
' fourth person present reading a newspaper, whom you
afterwarde discovered to be a person of the name of 1
Dalton?. Ido not know the 'Lune of any person of the I,
kind.—Did you on that occasionespeak of the best means
of securing the indepeddenca of Ireland? Never,
never, never.—Did • any two persons say that they
were advocates of the PelicY of the -late Daniel O'Con-
nell by emancipating Ireland by rneral force ? Did
these two, or any two persons represent themselves as
Roman Catholics, and did you, represent yourself as a
Protestant and an Orangeman frog .the north? - Never.
—Did you say on tint occasion that there was but ono
way to rid. the.country from the -British d meittion; and
that was by. force of arin§? Never.--Did you'refee to
the late revolution in France, .and , pruelaim yourself a
disciple of John Mitehel„ and an advocate for a free
republic? Never.-=-Did Ilifyie ' three"-gentlemen in the
room apply- t'o.tho irairth gentleman who was reading
the paper, to decide. thodcontroversy ? , Such a thing
never occurred., ,I,neeer saw any person reading
a
paper in that way. in• a 'public-house. I swear that. I
am quite.satlefied,of-eit'.---4,Did you. afterweards wink to
. that gentlemateteatithew you VeNtee4-Not to a gentiatba‘re
narced Dalton? On your oath, sir? Why do you hesi-
tate? I did not hesitate. It never occurred, on my
oath.
—Did you speak with him alone? I did not.—Did he re-
ply it was too late? I never was in conversation with the