The Sun.
London, England, 1867-05-02 00:00:00

THE SUN, LONDON, TB URSDAY EVENING, MAY 2, 1867.

H 0 WELL, JAMES, and CU.,
By Special Appointment to her Majesty the Queen,
their Royal Highnesses the Prince and Princess of Wales,
and the principal Courts of Etb-Ope,

GOLDSMITHS, JEWELLERS, and SILVERSMITHS,
5, REGENT-STREET, PALL-MALL.

Specialiti for Monogram Jewellery in Diamonds, Crystal,

Gold EnWmel, and PreCdous Stones.

Messrs. H., J., and Co. employ only Artists of repute
as Designers of Monograms, and they respectfully invite
the Nobility and Gentry to inspect specimens of these
artistic productions, as also their new and varied Stock of
Gold and Silver Work, especially designed for the forth-
coining Sealon. Photographs highly finished as Minia-
tures. Class 36, Precious Metals Court, P.E.

GUILD HAL L, 26th April, 1867.—The
COMMITTEE for LETTING the CITY'S LANDS
will meet at GUILDLIALL, c•n WEDNESDAY, the Sth
May next, at half-past One o'clock precisely, to receive
PROPOS kLS for LEASIIS in LO rs of several HOUSES
and PREMISES, Nos. 1 to 31, in Mount-street, White-
chapel-road.
Plans of the Property may be seen, and further particulars
and forms of tender obtained, upon application at the Archi-
tect's Office, Guildhall.

FEEtDINAND BIUND, Comptroller.

DUNVILLE'S V.R. OLD IRISH WHISKY,
BELFAST,

Is regularly supplied to the House of Lords.

"V.R." IRISH WHISKY.

DUNVILLE and CO.'S " VII:" OLD IRISH
WHISKY, BELFAST.

London 01112 es and Stores,
4, BEAUFORT-BUILDINGS, STRAND, W.C.
Established 18C8. Quotations on application.

JAMES DALY and CO., Distillers, John-street,
Cork.—" The purest spirit and safest drink in the
world."—London Offices, 7, Printing-house-square, 8.C.,
nest the "Times."

TAMES DALY and CO., Distillers, John-street,
Cork, beg* to announce tirit they are able to supply the
trade with their celebrated Whiskies, in casks or cases, and
to take orders in bond ar d for exportation, at their offices, 7,
Printing-house-square, London, E C.. the only house in the
square not occupied by th,t " Times." J. a and Co.'s whiskies
bring- the highest prices in the Australian and other Colonial
markets, as may be observed by reference to the "Journal of
Commerce of Victoria," by which it will be seen that their
whiskies fetch 6d. per gallon and Is. per case over the next
best, and Is. 6d per gallon and ss. 6d. a case over the lowest
quotation. Always on hand a large supply of very old
mellow whisky in the finest condition, matured in sherry
casks, unsurpassable in quality and flavour, supplied on the
most reasonable terms.

ENTRANTS IN 1867 PARTICIPATE IN FIFTH DIVISION OF
' PROFITS.
MUTUAL ASSURANCE WITHOUT MUTUAL LIABILITY.
PROFITS APPLIED SO AS TO MAKE POLICIES PAYABLE IN
LIFETIME.
AND SO AS TO RAISE SECOND CLASS LIVES, AFTER A
DEFINED PERIOD, TO FIRST CLASS RATES.
BRITISH EQUITABLE ASSURANCE
COMPANY,
4, Queen-street-place, Southwark-bridge,l4thadon, E.C.
DIRECTORS.
George Thomas Dale, Esq., Bayswatei.• ' • • •
Edmund Dunn, Esq., Croydon. •
William Gover, Esq., Blackheath.
William Sutton Gover, Esq., 4, Qnoen-street-place.
John Middleton Hare, Esq., Forest Hill.
Fountain John Hartley, Esq., Dalston.
John Smither, Esq., IVellclose-square.
Joseph Warmington, Esq., Lee-grove, Blackheath.
MANAGING DIRECTOR AND ACTUARY.
illiam Sutton Gover, Esq., F.S.S., F.I.A.
AUDITORS.
Mr. Deputy Ohbard, Blackheath.
Charles Brown, Esq., Waddon.
William George Lemon, Esq., Blackheath
BANKERS.
The London and Westminster Bank.
PHYSICIAN.
William Munk, Esq., M.D., F.S.A. (Follow of the Royal
College of Physicians of London), 40, Finsbury-square.
SURGEON.
Thomas Carr Jackson, Esq. (Fellow of the Royal College
of Surgeons, Surgeon to the Great Northern Hospital,
King's-cross), 3, Weymouth-street, Portland-place.

CONTRACT FOR COALS FOR HER MAJESTY'S
DOCK YARDS, VICTUALLING YARDS, &c.
CONTRACT DEPARTMENT, ADMIRALTY, SOMERSEF
HousE, April 27, 1867.
THE COMMISSIONERS for EXECUTING
the OFFICE of LORD HIGH ADMIRAL of the
UNITED KINGDOM of GREAT BRITAIN and IRE-
LAND do hereby give Notice, that on TUESDAY, the
14th May next, at Two o'clock, they will be ready to treat
with such persons as may be willing t 9 CONTRACT for
supplying her Majesty's Dock Yards, Victualling Yards,
Naval Hospitals, Greenwich Hospital, Royal Marine Bar-
racks and Infirmaries, and the Admiralty, Marine, and
Coast-guard Offices in London with COALS.
A Form of the Tender, with a Distribution of the Coals
and Conditions of Contract, may be obtained at the above
Depaitment, Admiralty, Somerset House. No Tender will
be received after Two o'clock on the day of treaty, nor
will any be noticed unless the party attends, or an agent
for him duly authorised in writing.
Every Tender must be addressed to the Secretary of the
Admiralty, and boar in the left-hand corner the words,
" Tender for Coals;" and must also be delivered at the De-
partment of the Storekeeper-General, Admiralty, Somerset
House, accompanied by a letter signed by two responsible
persons, engaging to become bound with theporson ten-
dering in the sum of £2O per 100 tons for the due perform-
ance of the Contract.

By Order,
ANTONIO BRADY,
Registrar of Contracts and Public
Securities.

GE OL O G Y.—ELEDIENTARY COLLEC-
TIONS, to illustrate the New Edition of "Lyall's
Elements of Geology" and facilitate the important study of
Mineralogy and Geotogy, can be had at 2,5, 10, 20, 50 to 500
guineas ; also single Specimens of Minerals, Rooks, Fossils,
and Recent Shells, Geological Maps. Hammers, all the recent
PulAostions, ,to.. of J. TENNANT. Mineralogist to Her
majtsty. 149, Strand, London.
Private Instruction is given in Mineralogy and Geology by
Mr. TENNANT. F.G.S., 149, Strand, W.C.

PAINLESS SYSTEM OF DENTISTRY.
Just published, price 3d. Post free four stamps.
TOTAL ABOLITION OF PAIN
IN DENTISTRY.
By Messrs. GABRIEL, tho old established DENTISTS,
GI, LUDGATE- RILL, CI IrY,_onehn.
56, 14A ttL EY-ST EE V, W., 5
134, DU KE-STREE r, LIVERPOOL.

I was present in court when Dr. Carte was exa-
mined. I got possession of the document to which
he referred. I believe that doC urnent to be in exist-
ence, and in the possession of Lord Naas, in Lon-
don. I last saw it last week, I sent it to him at the
latter end of last week. The moment the question
was raised here as to the production of it I sent it
to Lord Naas.
Massy was examined on t riday ?—I believe so.
Had you that document then in your possession?
—I had.
Was it after Massy's examination you parted
with the custody of the document ?—lt was.
Were you present in court when an application
was made to the Court,fdr an order to produce it ?
—I was.
Was it after that application was made you parted
with the document ?—No ; I-saw it was about to
be made, and I parted with the document before it
was made.
Was it to prevent its being. produced you sent it
away ?—1 seat it away because Lord Naas left me
the document with express directions that I was to
keep it confidential and return it.
Did you make any copy of it ?—Never.
At the time you sent it. back did you do so in
order that you might say you could not produce it ?
—I sent it back because I
'had received it under
certain cont.eus,
.
• Answermy question. At tte timeyou sent it back,
was one of your reasons that you should not hare
it in your power to produce it when asked for it ?
Unquestionably.
You are Crown Solicitor ?—I am acting as such.
Did you originally give that document to Lord
N aas ?--Yes.
Who wrote it?—lt was written by a gentleman
confidentially empowered by Lord Naas.
The Chief Justice—l do not think you can pursue
this further. •
Mr. Justice Fitzgerald—The best test that you
cannot pursue this examination is that we cannot
compel the production of this document.
Mr. O'Loghlen—l want to get secondary evi-
dence of it.
The Chief Justice—The law is perfectly clear.
We cannot compel the production of the document.
This paper is said to contain matter the publication
of which would cause much mischief. The docu-
ment is not here, and we have no power to compel
its production : . " •
Mr. BUtt•:Canfladeitqlie.t?LOrd Naas was
of a vio'latiolkirtlie.P.Win•keeping back this docu-.
meat. ' • . ' '
The chief Ja-s.tic6-4le.has possession of it, and
keeps it, because he does not wish it to be published.
Mr. Butt—lf the Queen had it, we are entitled
to have it ; and her Majesty would not keep it if
she had it. I will never believe to the end of my
life that these men have had the trial they are en-
titled to if this document is not produced. I will
believe that the prisoners have been tried by A Star
Chamber proceeding. I want to know what autho-
rity is there in the British Constitution to hold a
Star Chamber in the Castle of Dublin, and bring a
witness there and administer to him an illegal oath.
If Lord Naas was the party who administered that
oath, he has committed a crime ; and am I to be
told that a magistrate of the county can go to a
private chamber in the Castle and administer an
illegal oath, for which, with the blessing of God,
that magistrate will answer if there is law in the
land?

The Chief Justice—The magistrate thought he
had the power to administa it, and I think it was
extra-judicial. Your application should be sup-
ported by an affidavit. You are talking about a
Star Chamber and other things which have no ap-
plication to this case.
Mr. Butt—l will judge of my own words, and I
think they have the greatest possible application. I
am arguing that we are entitled to have this docu-
ment. I want to put a question with reference to
this document, and if you rule that it is illegal I
have no more to say.
'The Chief Justice—Any argument you have to
make we will hear, but to every appeal about the
Star Chamber we will pay no attention.
Mr. Butt—l submit that lam entitled to ask
who wrote; the document, and I repeat, if this docu-
ment is withdrawn—.
The Chief Justice—Argue the matter.
Mr. Butt—This is not a question to be argued
like a bill of exchange. This is a great Constitu-
tional question, and I must express what I think.
If I am warm on the subject I am sure I shall
meet with indulgence. Here is a transaction, and
a witness is produced on the table who swears to
matters that vitally affect the life of one of the pri-
soners. In the course of the preliminary preparation
by the Crown, Massy makes a statementto which he
deposes on oath. He has told me that this state-
ment did not contain a single word affecting the
prisoner Burke. It may be that these statements
were of such a character as to wholly destroy
the credibility of his evidence. I am, therefore,
entitled to have it to contradict what he has sworn.
Is there any authority since, I repeat, the days of
the;Star Chamber, that that document should not
be produced ?
Mr. Macdonogh quoted several authorities to show
that the application was untenable.
The Court ruled that the question could not be
asked.
Mr. Butt then asked the witness whether Mrs.
Massy was present when the information was given,
and he received a reply in the negative.
Mr. Dowse then commenced his address to the
jury.

Mr. O'Loghlen followed, and concluded about 5
o'clock.
The Lord Chief Justice, addressing the prisoners,
then said—You are now, each of you, entitled,
although you have been heard by counsel, to ad-
dress the jury, but you will not be entitled to speak
after the counsel for the Crown has spoken.
The prisoner Burke (speaking with a clear voice,
far as I am con-
--As
eaenrdned,an American accent)
my lord, having placed my case in the hands
of my eloquent counsel, I am perfectly well satis-
fied with their advocacy.
The prisoner Doran—l have nothing further to
say, my lord.
The Solicitor-General said it now became his duty
to reply on behalf of the Crown. It was not with-
out a painful sense of the importance of that duty,
Which all who were
of the case were
ieanenvndonitevl
eieetded,de
tewhpiatthr e shtp oeh
epn
rstoieber ieml
dti yne
aditni
teon
address the jury.
On the one hand, it had been conceded by the coun-
selof high treason
and that there
ynadi'eng of war against
had
df
bobreeeetnnh prisoners rlmirsmeol niatent re4sd
at
nhi
naa that
thist tuhael
llcearvni
the Queen ; when the jury realised the details of
the great conspiracy which had been stated in the
evidence, when they realised the dark night of the
sthnd of
when 11lare
sleepers were awakened from their re-
pose by the cry of insurrection, there could be no
dub
great duty to be performed oa
the eh,
lewhen death broo3ed over this land,
a
was to discover and to bring to
were the authors and those who
nout
ite parta doubt
thered
was
society a and on the part of the Govern-
;u es , e thatthose
Iwho
duty
were the actors fh the high treason. There was
another deeply important consideration, and that
was this—that upon their verdict depended the lives
of the prisoners. Both those considerations were
strongly present to his mind. They would be
present to the minds of the jury, and he was per-
suaded that a sense of duty, the highest principle
upon which man could act, would overbear in their
minds all other considerations, and that no desire to
bring to justice men who were not clearly proved
guilty ou the one hand, nor any feeling of morbid
sentiment ou the other, would deter them from doing
their duty in the case as between the Crown and the
prisoners at the bar. Allusion had been made by
one of his learned friends to the principles on which
counsel for the prisoner was to conduct his case, and

he had heard with regret a passage cited from a
speech delivered by one of the most distinguished
men of modern times, no small part of whose elo-
quence rested upon his learned friend who quoted
it, in which Lord Brougham described the duties of
counsel. Why than passage was quoted, when his
learned friend felt that, as a man of professional
honour, he could not accept those statements, he
could not understand. The greater part of the de-
fence of this case appeared to him to consist of in-
dignant invective against the Government and the
conduct of the prosecutors, and an attempt to turn
the proceedings into unseemly ridicule. He would
proceed to illustrate the duties of the counsel for the
prisoner. They had suggested to the jury every
circumstance and consideration which could pos-
sibly and legitimately secure their end. He con-
fined himself to a consideration of his own duty,
and his learned friend Mr. Dowse only did him jus-
tice when he said that to procure a verdict was not
the object either of him who now addressed them,
or of the Government who he had the honour to
represent. God forbid that he should address to
them one observation with a view 'to induce them to
find any man guilty of the slightest offence, much
less of an offence which involved his life, unless there
were evidence to satisfy their minds that he was
guilty, not beyond all possibility of doubt, but upon
all reasonable doubt upon that issue. A conspiracy
to establish a Republic in Ireland by force was a
conspiracy to depose the Queen from her Royal
title and dignity, and if they were of opinion that
the prisoners, or either of them, entered into the
conspiracy to depose the Queen by .establishing a
Republic, and that they employed force for that
purpose, then the prisoners were in point of fact
guilty of high treason.

The learned gentleman proceeded to answer the
arguments of the prisoner's counsel on the question
of identity, with respect to which he contended
that the evidence in both cases failed. He thus
repelled the attacks on the Crown for its mode
of conducting the case :
" With reference to the absence of the document
sworn to by Massy, the reason it had not been
produced had been satisfactorily explained. Great
as the crime of high treason was, it would be a
greater crime if a Minister of State allowed the life
of a prisoner to be called into question, if he was
wrongly put forward on a charge. The prisoner
liad,)ro,grievance to complain of, by the document
The CioNyn liad acted in ad-
'c-Ordance With law in the case., ,If this document
had been an information on which the prisoner had
been committed, or any other document which the
law gave the prisoner a right to, it could not be
kept back, -whether it was material to the prisoner
or not ; but if he had no legal right to it, there was
no reason why it should be produced. It had been
said that the Government either was guilty of
fostering the insurrection or disbelieving their wit-
nesses. He asked.the jury to reject with indigna-
tion the insinuation that the Government could
have acted so atrociously as to dr aw their own
people into a rebellion in order that they might
crush it. But neither was it necessary for them
at all to adopt the other suggestion—that the Go-
vernment disbelieved their own witnesses. Another
complaint had been made by the prisoner's counsel
that the prisoners Burke and Doran were tried to-
gether. The reasonableness of this c3inplaint
would be seen when he reminded tha jury that the
11 prisoners who were on the first day brought to
the bar had been asked if they would join in their
challenges, and that if they had done so they could
all, or the greater number of them have been
tried together. Mr. Butt had also made some
observations complaining of the length of the
list of witnesses which had been presented to the
prisoner, but those names had boon furnished with
reference to all the prisoners, and not particularly
to the two now upon their trial. Having gone
calmly and clearly through the evidence which had
been given by the witnesses, the Solicitor-General
concluded by expressing a hope that the jury were
satisfied that he had kept to the promise he had
made at the outset—not to venture upon one irre-
levant or exciting topic."
The Lord Chief Justice stated that he would de-
liver his charge to the jury in the morning, and the
Court then adjourned.

The police, after several unsuccessful efforts, have
arrested a " centre" named Thomas Slattery, at
Kilfeaale, in the county Tipperary.

DUBLIN, Wednesday Evening.

The Lord Chief Justice commenced his charge to
the jury by half-past 10 o'clock this morning, in the
case of General Burke and Patrick Doran, and con •
eluded at 10 minutes to 3, when the jury retired.
At 6 o'clock they returned with a verdict of
4, Guilty" against both the prisoners, accompanied
by a recommendation of Doran to the favourable
consideration of the Court.

The prisoners were then asked whether they had
anything to say why sentence of death should not
be pronounced upon them.

Burke addressed the Court in a clear, firm,
powerful voice, and in most impressive language.
He denied solemnly the statements of some of the
witnesses ; he denounced Massy as a traitor and
a perjurer; he had nothing to regret or to blush
for, and he was willing to die for his country. The
speech had a thrilling effect, and brought tears to
many eyes.
_ _

Doran made a few remarks, in which he charged
some of the witnesses with swearing falsely.
The Judges then retired for a few minutes ;
when they returned the Chief Justice pronounced
the sentence. The prisoners, he said, had been
found guilty, and the verdict was quite warranted
by the evidence. They had committed high treason
—the greatest of crimes, and one week's success
might have caused loss of life which no one could
estimate. The Judges had no power to alter the
sentenceof the law, and he warned Doran not to cal-
culate on mercy. Burke was a ringleadar through-
out the conspiracy. lie was taken red-handed in
rebellion, and had forfeited his life. The Court
could only postpone the day of execution as long as
possible. his lordship then put on the black cap,
and pronounced sentence of death on the 29th inst.
The prisoners were then removed, and the Court
adjourned, another jury having been sworn for the
trial of INl‘Cafferty.

Hyde Park and the Reform League Meeting.

TO TIIE EDITOR OF THE SUN.

Sir,L--In the columns of a contemporary yester-
day was contained au announcement to the public
that it is understood that " her Majesty's Govern-
ment have determined to take active and strenuous
measures for the suppression of the Reform meeting
to be held in Hyde Park on Monday, May 6."-
In the absence of any announcement officially on
the part of the Government, I may, perhaps, be
permitted to question the correctness of what has
been so announced, and to inquire what may be the
reasons, or supposed reasons, for the Government
coming to any such determination, if the fact be so.
On the 25th July last I, in company with Colonel
Dickson, Messrs. Brooke and Cunningham, and
other members of the Reform League, held meet-
ing after meeting, and addressed large and nume-
rous bodies of people, in the same park in the in-
terests of law and order. We did so after both the
police and military had been ineffectually employed to
preserve order, and we did so with the full consent
and authority of, and by express arrangement with,
the present Government through Mr. Walpole. To
the admirable conduct of Mr. Walpole on that oc-
casion, apart from a misunderstanding to which I
will not now further advert, I have borne and shall
ever bear the warmest testimony. The deep anxiety
which he evinced on that occasion to avert the im-
minent possibility—l may more truly say the immi-
nent certainty—of a struggle, which might have
been general and sanguinary, not only in the park,