The Sun.
London, England, 1867-05-20 00:00:00

t
...7 '
• 7.
~''''' ~/ ~-,-,'- ._--- ~...'.#'.:,,C'.'''''
- ,-
--,,,e__
, ._._

z 2

Q - -
- It%
• .0
, .t.T kro.tie
I A (LP; •?4-4.-
Ce*1.:44713.
r.
•
•
, 7.. • _
4 >qt., . •••••
to; Nif - ,
1.• • a 44
' -,DRorr.
--N

PRICE.... 4d.
STAMPED sd.

on the bank of the canal on Thursday night. The
ptrsons who • assembled there, eight in number,
would seem to have been members of that band,
and if so they had either resolved beforehand,
or .vere prompted by something that occurred at,
the moment, to murder Aylward as a suspected
traitor. Yet he positively refused to give any in-
formation about them, assigning as his reason that
he was " no Massy." It is, however, not improbable
that Aylward will on second thoughts he willing
to save himself by giving the name's of his assailants.
Baron Deasy, in the course of his charge to the
jury yesterday evening, completely exonerated the
two prisoners Duffy and Flood from any connection
with this murderous band, of which Cody was
proved to have been a member, and even in the case
of this convict he urged the jury not to allow them-
selves to be influenced by the horror naturally in-
spired by such a detestable scheme.
The Court for Crown Cases Reserved sat this
morning for the purpose of delivering judgment in
the case of the Queen v. John M'Cafferty.
The Lord Chief Justice, Chief Justice Monahan,
the Lord Chief Baron, Mr. Justice Keogh, Mr.
Justice O'Brien, Mr. Baron Hughes, Mr. Justice
Fitzgerald, Mr. Baron Deasy, Mr. Justice O'Hagan,
and Mr. Justice George took their seats on the
bench at a quarter to 11 o'clock.
The case having been called on,

The Lord Chief Justice called on Mr. Justice
George, as junior judge, to deliver judgment, the
Court being divided in opinion.
Mr. Justice George then proceeded to deliver
judgment. Having referred to the frame of the in-
dictment, and to the evidence given against the pri-
soner by the approver Corydon and others relative
to the Chester affair, his lordship said the case re-
served was in the following terms :
"After the aforesaid evidence had been given, it
was proposed on the part of the Crown further to
give evidence of the insurrection and acts of war
which occurred on the night of the sth :March,
1867, and thereupon counsel on behalf of the pri-
soner objected to the reception of such evidence
upon the ground that defendant had been since the
23d of February, and was on the said sth of March
a prisoner in custody in Mountjoy Prison, and that
the acts of others while he was in custody ought not
to be received as evidence ; and further, that the
defendant was not legally responsible for the acts of
others after his arrest. We ruled that the evidence
was admissible. At the close of the whole case
counsel on behalf of the defendant called upon us to
direct an acquittal on the ground that there had
been no sufficient legal evidence by two witnesses
of any overt act of treason in the county of Dublin
for which the defendant was responsible, and that he
could not be lawfully convicted on the evidence of
the witness Croydon alone. We declined to direct
an acquittal, and allowed the case to go to the jury
on the evidence aforesaid, and the jury brought in a
verdict of guilty against the defendant on all counts
of the indictment. We have reserved for the consi-
deration of the Court for Crown Cases Reserved the
following question : —l. 'Whether we were right in
receiving against the defendant the said evidence of
the transactions of the night of the sth of March,
1867. 2. Whether we were right in directing (as
we did, in fact, direct) the jury that there was suffi-
cient lawful evidence on which they might find that
some or one of the said overt acts were or was done,
and the said treason committed by defendant in the
county of Dublin; if the jury should, on the evidence,
be satisfied that the said insurrection and acts of war
of the sth of March last, in the county of Dublin,
were the resultof the command and incitement of the
said directory or other governing body of the said
confederacy, of which the defendant was a member,
given prior to the arrest of the defendant? On
the first point he (Mr. Jui tine George) was of opin-
ion the prisoner was a principal in the treason proved
against him. The jury distinctly found that the
acts were done by command of the directory of
which, up to the period of his arrest, he was a mem-
ber, and in his (the learned Judge's) opinion they
were the acts of the prisoner himself. It was proved
that he had, at a meeting inLiverpool, proposed the
movement in Chester, which having failed it was
determined there should be an immediate insurrec-
tion in Ireland, and, evideritly with the intention
of aiding and assisting in that insurrection, the pri-
soner and Flood attempted to furtively enter the
country. It was true they were arrested, but the
rising on the night of the sth of March was not alone
the probable, but the inevitable, consequence of the
plans which the prisoner, in conjunction with others,
had formed, and which he had never done anything
with a view to countermand. With respect to the
question raised as to the witnesses not having proved
an avert act of treason, he held that on the report
of the learned Judges who tried the case there was
abundant evidence to go to the jury corroborative
of the approver Corydon, and on the whole case he
was of opinion that the points raised had been
rightly decided by the learned Judges who tried
the case. The conviction should therefore be
affirmed."

A majority of the other judges having concurred,
the conviction was affirmed.

Naval and Military Intelligence.

- -
Letters received from the Pacific squadron by
a Chatham correspondent report a numerous squa-
dron of English, French, American, and Peruvian
vessels of war at Valparaiso at the departure of the
mail. The English ships of war included the Zealous,
20, 800 horse power, armour plated ship, Capt. R.
Dawkins; flagship of Rear-Admiral the Hon. G. F.
Hastings, Commander-in-Chief of the Pacific squa-
dron; the Sutlej, 35, 500 horse power, Capt. T. P.
Coode, flagship of Rear-Admiral the lion. J. Den-
man; the Topaze, 31, 600. horse power, Capt. W.
Dowell,C.B.; the Clio, 22, 400 horse power, Capt. N.
E. B. Turnour ; and the Reindeer, 7, 200 horse
power, Commander E. Nares. The flagship Zealous,
left Rio Janeiro on the Bth of February for Val-
paraiso, touching at the Falkland Islands for coal,
instructions being given for certain ships of the
squadron to rcndevous outside Possession-bay on the
sth of March. On the 9th of March the Zealous
left Luudy-poiet, accompanied by the Nassau, 5,
150-horse power, for a cruise. The Sutlej was
under orders to return to England for the purpose
of being put out of commission. The Reindeer,
Commander Nares, arrived at Varparaiso on the Ist
ult , having experienced very severe weather from
the time she left Rio. Several cases of smallpox had
occurred among the crew, the men attacked being
sent on shore to hospital at Valparaiso. A court-
martial had been held on Mr: T. Steel, master of the
Clio, on a charge of drunkenness, of whiDh he was
found guilty and ordered to be placed at the bottom
of the list.
A trial of the engines of her Majesty's armour-
plated ship Northumberland took place at the mea-
sured mile outside Plymouth Breakwater on Thurs-
day last. The wind was from E.S.E., force 2to 3,
the sea smooth, the weather barometer at 30.10.
This ship belongs to the same class as the Agincourt
apd Minotaur. She was built of iron by the Mill-
wall Company, and launched in April, 186* Her
length is 400 ft., breadth 59ft., and tonnage 6,621
tons. Her lower masts only were in ; there were
320 tons of coal on board, no stores ; draught of
water forward, 23ft. ; aft, 24ft. lin. The trial took
place under the superintendence of Capt. George C.
Willes, C. 8., of the guardship of steam reserve
Indus, and Mr. W. A. Dinnen, chief-inspector of
machinery afloat, Mr. R. Nicoll, assistant to the
chief engineer at Keyham, Mr. Herbert, assistant-
master-shipwright at Devonport, and several other
Government officers. The agents for the manufac-
turers were Messrs. Anderson, Gosling, and Brown.
The engines, from the manufactory of Messrs. John
Penn and Sons, are what are termed direct-acting
.trunk, diameter of cylinders 112 in., of trunk 41iu.,
thus producing an effective diameter of 104iirt. ;
length of stroke, Oft. 4in, There are 10 boilers and