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

THE SUN, LONDON, THURSDAY EVENING, MAY 2, 1867.

LT OWEL L, JAMES, and CO.,
By Special Appointment to her Majesty the Queen,
their Royal Highnesses the Prince and Princess of Wales,
and the principal Courts of Europe,
GOLDSMITHS, JEWELLERS, and SILVERSMITHS,
5, REGENT-STREET, PALL-MALL.

Specialit6 for Monogram Jewellery in Diamonds, Crystal,

G-Old Enaniol, and Precious Stones,

Messts. 11., J., and Co. employ only Artists of repute
as Designers of Monograms, and they respectfully invite
the Nobility and Gentry to inspect specimens of those
artistic productions, u.s also their n .w and varied Stock of
Gold and Silver Work, espcialiy designed for the forth-
coming Season. Photogr ,phs highly finished as Minia-
tures. Class 36, Precious Metals Court, P.E.

GUILD II AL L, 26th April, 1867.—The
COMM' rrEn for LKT Elsa the CITY s LA.' DS
will inlet at GUILDII.A LL, n NEDNP.SI)xY, the .sth
M‘y next, at halt-cast 0. e o'clock prcci ely, to receive
flr LE tS S in LU t's of several HOUSES
and PREMISE:Sr-Nos. 1 to 31, in Mount-street, White-
ohapel•road.

Plans of the Property may b seen, and further particulars
and forms of tender obtain,d, upon applicatio at the Arch'.
te3t's Office, Guildhall.

FE It nINAND RR P. Comptroller.

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

Is regularly supplied to the douse of Lords.

"V.R." IRISH WHISKY.

DIINVILLE and CO.'S " V.lt." OLD IRISH
*RISKY, BELFAST.

London 01113 ea anti Stores,
4. BEACIPOKT-BUILDING:I, STRAND, W.C.
Established 18e8. Quotations on application.

JAMES DALY and CO., Distillers, John-street,
awk.--“-libe--purest spirit and amerce-fitilierf- the
world." ,o,idon 0111.1 es, 7, Printing-house-square, E.U.,
next the " Times."

TAMES DALY and CO., Distillers, John-street,
Cork, bez to announce thtt they .rc Lble to supply the
trade with their celebrated Whiskies, in camas or cases, and
to take orders in bond and for exvirtation, at their offices, 7,
Printiwz-hou4e-square, London, E C.. the Duly house in the
square not occupied by gig "Times." .T. D. and Co.'s whiskies
ben.; the highest prices in the Australian and othe • Colonial
markets, as may b observed by reverence 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 CASC over the lowest
quotation. Always on hand a large supply of ye y 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, London, E.C.
DIRECTORS.
George Thomas Dale, Esq., Bayswater.
Edmund Dunn, Esq., Croydon.
William Gover, Esq., Blackheath.
William Sutton Gover, Esq., 4, Queen-street-Place.
John Middleton Hare, Esq., Forest Hill
Fountain John Hartley, Esq., Dalston.
John Smither, Esq., Wellclose-square.
Joseph Warmington, Esq., Lee-grove, Blackheath. •
MANAGING DIRECTOR AND ACTUARY.
illiam Sutton Gover, Esq., F.S.S., F.I.A.
AUDITORS.
Mr. Deputy Obbard, 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. (Fellow 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, SOMERSEr
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 teakiy to treat
with such persons as may be willing to CONTRACT for
supplying her Majesty's Doak 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
Depat tment, Admiralty, Somerset [louse. 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 bear in the left-hand corner the words,
Tender for Coals;" and must also be delivered at tho De-
partment of the Storekeeper-General, Admiralty, Somerset
House, accompanied by a letter signed by two responsible
persons, engaging to become bound with the person 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.

Et E O L O G Y.—ELEMENTARY COLLEC-
TIONS, to illustrate the New Edition of "Lyell's
Elements of Geology" and facilitate the important study of
Mineralogy and Geology, can be had at 2,5, 10, 20, 50 to 503
also single Specimens of Minerals, ltoalts, Fossils,
nt Shells, Geological Naps. Hammers, all the recent
PagunadibnettioasTions, sic., of J. TENNANT. Mineralogist to Her
Majesty, 119, Strand, London.
Private Instruction is given in IKineralogy 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, the old established DENTISTS,
61, LUDGATE- HILL, CI rY,
56, A ta. E "'Y-ST itE EP. W., f nu m.
131, DU KE-STRE EC, 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 document 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 pro luction of it I sent it
to Lord Naas.

Massy was examined. on Friday?—l believe so.
Had you that doeurnint 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 id court when an application
was made to the Court for 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 ?—I sent it awaylbecause Lord Naas left me
the document with•exprds directions that I was to
keep it confidential and ieturn it.
Did you make any co y of it ?—Never.
At the time you seu it back did you do so in
order that you might sa you could not produce it ?
—I sent it back becaus I had received it under
i
certain conditions.

Answer my question. At the timeyou sent it back,
was one—ory-Our 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
Naas ?—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.

is perfectly clear.
The Chief Justice—The law
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. contended that ]lord Naas was guilty
of a violatton of ; the',4ir In keeping back this docu-
ment.
The Chief stfustide-- e as 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 toadminista; 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 p')ssible application. I
am argui❑g 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 Charnber 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 thelife.)f one of .the pri-
soners. In the course of the preliiiiiinary preparation
by the Crown, Massy makes a statementto which he
deposes on oath. Ile 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 auy authority since, I repeat, the days of
tho. 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'Loghlcn 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,
and an American accent)—As far as I am con-
cerned, my lord, having placed my case in the hands
of my eloquent counsel, I ant 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,
andon n thec deep
aitn which all who were
teion of the case were
involved, that he proceeded to address the jury.
On the one hand, it had been conceded by the coun-
ced with responsibilitye term in
coun-
sel for the prisoners that the crime of high treason
had been committed in this land, and that there
had been in Ireland an actual levying of war against
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
sth of March, when death brooied over this land,
and when sleepers were awakened from their re-
pose by the cry of insurrection, there could be no
doubt there was a great duty to be performed on
the part of society and on the part of the Govern-
ment, and that duty was to discover and to bring to
justice those who were the authors and those who
were the actors in the high treason. There was
another deeply important consideration, and that
was this—that upon their verdict depended thelives
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 on the one hand, nor any feeling of morbid
sentiment on 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 ou which
counsel for the prisoner was to conduct h4-ca,se,.andi

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 1.e1r.1 Ilrou,glyan doscriiiA the duties of
counsel. Why that 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 great.lr part of the de-

fence of tiliS case appeared to him to consist of in-
dignant iuve :tive against the Government and the
conduct of the prosecutors, and an attempt to turn

the proceeding's 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. II con-
fined himself to a consideration of his own duty,
and, his learned friend Mr. Dowse only did him jus-

ice when he said that to procure a ver.lict 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

So 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
had no grievance to complain of by the document
not being produced. The Crown had acted in ac-
cordanee 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-

- -
ion 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 complaint
would be seen when he reminded th 3 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 I.llgth of the
list of witnesses which had been presented to the
prisoner, but those riarues had been furnished with
reference to all the prisoners, and ekot particularly
to the two now upon their trial. Having gone
calmly and-clearly through the evidence,ythieja 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—Rot 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.
1

The police, after several unsuccessful efforts, have
arrested a " centre" named Thomas Slattery, at
Kilfeazle, 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 •
ciuded'at le minutes to 3, when the jury retired.
At 6 o'clock they returned with a verdict of
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.
lie denied solemnly the statements of some of the
witnesses; he denounced Massy as a traitor and
a perjurer; he hal 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. _ _

Daran 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
sentence of the law, and he warned Doran not to cal-
culate on mercy. Burke was a ringleader through-
out the conspiracy. He 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 M'Cafferty.

Hyde Park and the Reform League Meeting.

TO THE EDITOR OF THE SUN.

Sir,—ln the columns of a contemporary yester-
day was contained an 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 Govetninent
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
policeand 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 passibility--I may more truly say the immi-
nent certainty—of a struggle, . which
.might have
been general anti Ongniiiitit, not only.-iti ale-park;

but throughort. t the metropolis, was as wisely honour-
able to him as a Lninister as it was in harmony with
all the best feelings. of a patriot and a Christian.
The gmerons confidence he reposed in the deputa-
tion of the Deform League was Ltntlfjusiifiedlified
by the result. Upon the withdrawal, as agreed upon
with Lim, of the military and police, upon all op-
position to the assembling and presence of the people
in the park being removed, the thousands who had
assembled there under feelings of the ale; pest pro-
vocation and excitement in consequence of what had
occurred during. the two preceding d 4ys, and :with
the full determination to resist to the utmost sty
farther array of force on the part of the Government,
listene.i willingly and attentively to the request made
to them by myself and others,' both orally and by
placards, to retire peacefully and quietly to their
homes, and they complied with our requests. Such
being the positive facts, and they cannot be truth-
fully disputed, I should be curious to know upon
what grounds the Government are now supposed to
be determined to take active and strenuous measures
to suppress an intended peaceful and orderly meet-
ing of the same people in the same park next Mon-
day ; and that, after not only not interfering with
the political meeting held • there on Good Friday,
but on that occasion pursuing the course which I
have always contended it was their duty to do on
such occasions, and which has been invariably pur-
sued by the local authorities throughout the-Country
—namely, to protect from disturbance the people
in the exercise of this their great constitutional
right.

That the parks are now held, and have been for
years, for centuries held, for the use and enjoyment
of the public is indisputable. Act after Act of Parlia-
ment has so dealt with them, whatever be the posi-
tion of the. dry, naked, legal estate, and wherever it
may be, whether in the Crown or in the clouds in
nnbibus, a question which even lawyers might have
some difficulty in deciding, especially seeing that
Hyde Park was actually sold in lots by order of Par-
liament in 1652: It is not to be supposed that the
people can enter into these legal niceties and subtle-
ties, and distinguish between the known and bene-

ficial use and enjoyment and the unknown and ques-
tionable legal estate or interest. They see the parks
continuously and undisputedly used in the days of
their fathers and their forefathers for public pur-
pose 3, and, as regards Hyde Park especially, used
not merely for the promenades and recreation of the
wealthy, and others, but for reviews, and even fairs.
Seeing all this, they cannot understand why it is
not, for an hour or so occasionally, and especially
on important occasions, and to a small extent of its
large areA, and without any real interference with
the purposes of others, to be used for the purpose of
their conveniently
.assembling there for a public
meeting—a purpose quite as rational as any other
for which they are at full liberty to go there. Such,
at least, is the rooted feeling of hundreds of thou-
sands, not in Loudon only, but throughout the
country.

A writer in ;the Times of yesterday suggests that
the cause of law and order would be assisted by pre-
venting the proposed meeting. I verily believe, and
I have strong reason for the belief, that the very
reverse would be the case, and that the cause of law
and order, a cause as dear to the members of the
Reform League—as they abundantly proved last
July—as to any other class of men, would be best
assisted by not attempting to interfere with the
proposed meeting, which, if not interfered with,
will be conducted in as orderly and constitutional
a manner as all the other meetings of the League.
The same writer asserts that this is no question of
party. I admit that it is not.
The Reform League by no means oppose the pre:
sent Reform Bill merely because it was introduced
by a Tory or Colservative Government. They
would have cordially supported it if it had been
considered by_thein to be fair and htmesi, "and large
enough in the extension of the franethe. Much and
highly as they respect and admire the charaoter and
talents of Mr. Gladstone, and appreciate the gene-
rous sympathies. with what are called the working
classes to which he has repeatedly given utterance,
they have at all their late meetings as strongly op-
posed his £5 rating franchise as they have opposed
the objectionable provisions of the Government bill
in trammelling the principle of household suffrage,
which, as they think, that bill otherwise recognises
and admits.

Lord Derby, as reported yesterday, has expressed
admirable sentiments against any invidious distinc-
tions being drawn between the working classes, or
rather the wages of labour classes, and the other
classes of the community. To really and truly act
upon and up to such sentiments will be the best of
all means for promoting the happiness, prosperity,
and harmony of all classes of the whole country.
But it is little in unison with such sentiments to
attempt to interfere with the working men and other
members of the League in their proposed rational
and peaceful and constitutional use of Hyde Park
next Mond ty e vening.—l am, Sir, yours respectfully,
Lincoln's-inn, May 1. EDMUND BEAUS.