The Sun.
London, England, 1867-05-17 00:00:00

THE SUN, LONIJON, FRIDAY EVEMING, MAY 17 1867.

IRELAND.

DUBLIN, May 16.

The Dublin Special Commission, which had been
adjourned from Saturday, resumed yesterday morn-
ing, when John Flood, Edmond Duffy, and James
Dunne, alias Cody., were arraigned for treason-
felony. Duffy was one of the persons arrested with
James Stephens at Sandymount ; he was said at
that time to be suffering from consumption, and he
was discharged from prison on account of ill-health.
Mr. Butt, Q.C., applied yesterday to have his trial
postponed for the same reason ; but the Attorney-
General resisted, and the application was refused.
There was an indictment for high treason against
Flood and Dully on the same facts, and Mr. Butt ap-
plied to have that indictment quashed. It was ob-
served by the Court that if acquitted on the charge
of treason-felony they could not by tried again on
the same facts, but Mr. Butt replied that if the jury
disagreed the prisoners might be again arraigned for
high treason, and he argued that the Crown should
make its election between the two forms of indict-
ment. Ultimately, the Attorney-General consented
to enter a nolle prosequi on the indictment for high
treason. After some other objections on the part
of the prisoners' counsel, they handed in pleas of
abatement on behalf of Duffy and Flood. The pri-
soners pleaded " Net Guilty." As they refused to
join in their challenges the long panel was called
over, and each of the three challenged 20 jurors
peremptorily, and as many as possible for cause.
After much delay a jury was sworn, but bafore the
trial. proceeded
Mr. Butt read an affidavit made by the prisoner
Flood, in which he stated that he believed it would
be unsafe for him at present to proceed with his
trial without the attendance of four witnesses wbo
resided in Manchester—Mrs. and Miss O'Neill, and
Mrs. and Miss Coghlan,—and whose attendance
here he was unable to procure, as he had no means.
Mr. Butt asked that, under the circumstances, the
Crown should defray the expense of the attendance
of those witnesses.

The Attorney-General *opposed this motion in all
its parts. If he thought it was a bond fide applica-
tion, he would deal with it otherwise. As to. Mr.
Butt's insinuation that an attempt was male to
bribe a witness, that assertion was founded upon a
Jetter which the learned
He
knew could not be
read or relied upon. He asked the motion to be
allowed to stand over for a quarter of an hour in
order that he might prepare affidavits to oppose it.

Mr. Butt said that as the letter had been referred
to in one of the affidavits he had a right to read it.,
and would read it in reply. Whether he read it or
not, he had other means of making it public.
The Attorney-General said he knew well how a
certain portion of the public would be prepared to
receive that letter, and he thought that, in justice
to the Crown, he should have an opportunity of
contradicting it on oath.
Mr. Butt said he held the letter in his hand, and
.be wished it to be made public.
The Chief Justice—We don't wish to hear this
statement. We do not care what you wish to go to
the public. We have no power to interfere, and it
is for the prosecutor to yield to the application.
There is no ground for postponing the trial, and
we refuse the motion.

The Attorney-Generalthen stated the case for the
Crown. He declared at the outset thatno case that
had come before the Commission was of more im-
portance than the case he was about . to state. If
the information against the prisoners were esta-
blished in evidence he thought that the jury would
have little doubt that the three prisoners at the bar
were among the most mischievous and active of the
leaders of the Fenian organisation, and therefore
for the sake of the country, and for the sake of the
prisoners themselves, he would bespeak the anxious
attention of the jury. They were members of the
Fenian conspiracy. They procured arms and levied
war against the Queen. Ia combination with others
they had actually planned the insurrection or out-
break against the authorities which took place
through so many parts of Ireland on the night of ,
the 6th of March last. They were also charged with
having entered into a plan to attack Chester Castle
.and seize the arms which were deposited there, and
to take them over to Ireland for the purposes of the
insurrection. These parties were also charged with
inducing American officers to come over here to levy
war against the Queen, and with having been con-
tinuous in their efforts to seduce soldiers from their
allegiance. Flood was appointed by Stephens to the
command in England, of which he waa the head
centre. One of the worst characters of that conspi-
racy was Cody. As to the third prisoner, Duffy, it
would be proved that after the arrest of Stephens he
was appointed to take the most leading part. Ile
was the chief officer in Ireland in the absence of
Stephens. To him was assigned the charge in the
west of Ireland, but for the credit of that part of.
the country he should observe the prisoner met
there with signal failure. It would be proved that
while Flood was promoting the objects of the con-
spiracy in England, Duffy was employed in Castle-
bar, where he was most active in eudeavouring to
seduce the men of the North Mayo Militia Regi-
ment. The Attorney-General then referred to the
evidence which would be given by John 11. Cory-
don, who he said was a remarkable man, of great
intelligence, and who hal, for; unately for the best
interests of the country, given information to the
Government respecting the designs of the Fenian
conspiracy. Ile then referred to the Fenian police,
of which it would appear Cody was the head, and to
the efforts made by leading members of the organi-
sation to seduce from their allegiance soldiers who
were quartered in different parts of the country.
After the first arrests by the police in 1865, the
Fenian organisation appointed a select body of men,
called the Fenian Detectives,' to counterwatch the
movements of the police, and assassinate any one
who should give information. Of that body Cody
was the chief, and that the appointment of men for
so diabolical a purpose had not been without its fruit
was evident from the murder of the unfortunate
man George Clark, on the Royal Canal, a consider-
able time ago, and the subsequent attempt on the
life of the soldier Maher, at Bonham-street. Maher,
it appeared, had given information to Col. Feilding,
of the Guards, an officer whom everybody respected
for his praiseworthy energy in checking the attempts
of the Fenians to seduce the troops, of a Fenian
meeting to be held in a publichouse in Leeson-lane,
and Col. Fending, with ten picked men and Acting
Inspector Entwistle, of the Detective Police, pro-
ceeded to the place, where they found live men, one
of whom was the prisoner Cody. They arrested
them, and Cody was seized first, as he was'drawing
something from his pocket, which was afterwards
founded to be a five barrelled revolver,. capped and
loaded. He was also found to have another loaded
revolver and a dagger on his person when he was
searched, and he with the others was put into pri-
son. This was in Jan.,1866. In the following August
he was, strange to say, released, and he immediately
returned to his old pursuit. He went to Liverpool,
where he was made one of the principal centres,
mixing with the men and the women who were the
most active agents there in promoting the affairs of
the Fenian organisation there and in Manchester.
In September, 1866, a meeting was arrested at
Lambert's Hotel," Birchfield-street, where, among
various articles seized upon, was a leather-bag con-
taining a letter written by the prisoner Daffy, ad-
dressed to Somebody a; My dear Friend,' and say-
ing that Mrs. O'D. (that was Mrs. O'Donovan
Bossa, who was actively engaged in carrying on
Fenian work here) had made a mistake in.publish-
ing in the /eia/onaa a letter which was not intended
for publication. There was also found in the bag
a letter signed by Mrs. O'Donovan Rossa, explain-
ing how it was she had made the mistake, and say-
ing she would hive a few lines inserted in the next
week's Irishman to remedy the mistake. There were
also put into the same paper lists of subscriptions of
money, such as the following :—" Fenian Sweet-
heart, 6d. ;" " A Red Irishman, 2s. 6d. ;" " A
Protestant Itepnblic.in, 2s. ;" " A 4`enian, 23. 6d. ;"
"Heart of Steel, 2e. ;" "A Militiaman, 6d.," &c. ;
as well as proclamations signed by Mrs. Luby and
Mrs. O'Donovan Rossa, one of which warned their
friends against a man•professing to be a brother-in-
law of O'Donovan Rossa ; cautioning them not to
be deceived by a second Talbot, as the mania clues-

tion was one of the detective police. Duffy was
again arrested on the 9th of March last, four days
after the rising, in a hotel at Boyle, under the
feigned name of Moran, and in company with ano-
ther man and woman, who gave their names as
Egan. Duffy was one of the principal leaders of
the organisation, and a great authority in it. Cody
made a furious attack on the life of a policeman
who was about to arrest him for disorderly conduct,
a little more than a week ago, in Grafton-street. A
second policeman eventually overcame him, being
obliged to strike him a severe blow on the bridge of
the nose, by which he was still marked. The in-
strument with which Cody had attempted to take
the policeman's life was a seven-chamber revolver,
fully capped and loaded. On his being searched,
another loaded revolver was found on him, as well
as a dagger, and a paper containing a list of
names and private addresses of the judges now
presiding in the Court, the names and private
addresses of the counsel for the prosecution, and
the names and private addresses and places of
business of the jurors who had tried Burke and
Doran. If the people who organised this business
thought to intimidate theirlordships, or the counsel
for the prosecution, or the jury, they took them for
different men from what they were. After some
further observations the Attorney-General con-
cluded.

Mr. Butt then rose, and said he had to apply to
the Court that the Crown should elect either to try
the three prisoners together on the same evidence,
including the assassination committee charges, or to
abandon those charges. As the matter stood, he
could not go on to trial. Language had been used
by the Attorney-General in reference to the con-
duct of an assassination committee and the conduct
of, the prisoner Cody calculated co inflame the feel-
ings of the jury, and, if it were possible—for their
Lordships were but men after all—to inflame the
minds of the Bench. But those acts were in no
way whatever connected with the other two pri-
soners, Duffy and Flood. He therefore asked that
the Crown might be obliged to say whether they
would try them all for being members of the assas
sination committee, anal for the attack on the police-
man in Grafton-street; or whether they would
abandon that and try the prisoner Cody for the acts
they were ready to prove against all. The circum-
stances of the case loudly called for an election, for
the prisoners Duffy and Flood had no more to do
with the drunken brawl in Grafton-street than he
had.

The Attorney-General—My Lords, I do not con-
descend to notice the motives imputed to nie by the
counsel who has just addressed the Court. I shall,
therefore, confine myself to a simple repudiation
and denial of there being any case made, or any
legal call upon us to make what I have never before
heard of in any such case—an election. I bring
them into union and concert in reference to all the
prior portions of those transactions for which they
are to be tried.

Mr. Butt—l did not introduce anything to excite
personal feeling. I can perfectly afford to have_ the
Attorney-General condescending. Certainly it will
create some surprise when it is known that the At-
torney-General made use of such expressions. I
really do not know whether my proper course would
not be to retire unless there is an election. Mr. Butt
concluded by saying that the prisoners had been put
on trial together in order that Flood and Duffy
might not have a fair and impartial trial.

The Lord Chief Justice observed that Mr. Butt
had made his application with rather more warmth
than the Court thought the subject required. His
learned brother, who would try the case, would take
care that no evidence that only affected one of the
prisoners should be given against the others.
Mr. Butt said that nothing but his perfect confi-
dence in their lordships doing everything the law
would allow for the defence of the prisoners induced
him to remain iu the court.

The Attorney-General disavowed any intention
of affecting any one of the prisoners by acts which
ought only to affect another.
J. J. Corydon, the approver, was then called and
examined by the Solicitor General. He stated that
in 1865 he met the prisoner Cody at a Fenian meet-
ing in Camden-street, and proceeded :
"I saw him in company with Col. Kelly several
times, and I met him in Col. Kelly's house. I saw
Cody receive money from him to give to soldiers.
Cody held' the rank of deputy to John Devoy, who
was told off to seduce soldiers from their allegiance,
and he was also head of the Fenian detective police,
which was formed to watch the authorities. A party
was also organised, and it had the approval of Col.
Kelly, for shooting informers and prominent detec-
tives, and with reference to it Cody told me that a
body of five or six men, armed with revolvers, were
banded together in order to shoot informers and de-
tectives. He also told me he thought a soldier of the
King's Own Regiment, named Mears, was giving in-
formation. He spoke of the murder of Geo. Clarke,
and the parties present commented on the bad way
that murder was committed. I heard from Colonel
Kelly, in presence of Cody, that he (Cody) was the
head of that party. After going back to Liverpool
I met Cody there in company with Flood in Novem-
ber or December. He held the rank of Centre in
Liverpool. Subsequently to the meeting of the di-
rectory, Flood and M'Afferty told some American
officers in Liverpool that they had just come from
the directory, and that they had got a sum of £2O
to pay their expenses to Chester, in order that they
might be present at the rising there. I knew ladies
in Ireland to act as treasurers of the Feniaa fundS,
When I came to Dublin after the failure of the raid
on Chester, I met at a house on Brunswick-road
General Massy, Edward Duffy, General Halpin, and
all the-American officers then in Dublin. On that
occasion Duffy said he wanted some officers for the
rest of Ireland, and he thereupon picked out some
two or three, to whom Massy gave money. I got
orders from Massy and Duffy to go to Cork, and
thence to Kerry, to announce theri that the rising
would be on the night of the sth of March. Cody
went by the name of Byrne in Liverpool, and on
one occasion he gave the name of Fitzgerald to the
police.

Cross-examined by Mr. Butt—l have known the
prisoners since 1865, and have been intimate with
them. I heard Flood was an attorney, but I don't
know what his occupation was. I believe myself I
was a good deal in the confidence of the Fenian
leaders, and of James Stephens, whom I saw only
three times. I did not see him after his escape from
Richmond. I gave information of every important
meeting that was held to the authorities, and up to
the present I have received about £5O or £6O alto-
gether from them. I did not receive a penny from
them since I swore against. Burke. It was before the
seizure of the Irish People office I heard a committee
was to be formed by Cody and others for the purpose
of shooting informers and detectives, but I did not
believe it until Colonel Kelly told me such a com-
mittee was formed ; that was in November,
1864. Cody talked of the murder of Clarke,
both in Dublin and Liverpool. After the Special
Commission last year, and a meeting in Camden-
street, at which Cody, Brophy, a man named Ander-
son, and others were present, a conversation took
plAce respecting the shooting of Nagle, the informer,
and one of the judges. Cody took part part in that
conversation. I saw Colonel Kelly give money for
the purposes of the shooting committee, but I don't
know at what time that was. I believe James
Stephens was opposed to the formation of the com-
mittees, and I heard his advice that no violence be
offered to the authorities lest martial law be pro-
claimed. Colonel Kelly, though the trusted friend
of Stephens, was, however, in favour of hs forma-
tion.

To Mr. Justice Fitzgerald--Sonie of the Atneuican
officers I have referred to were arrested.
The Court adjourned at 7 until half-past 9 o'clock
this morning.

The Freeman's Journal states that the Govern-
ment have determined to spare the life of Burke.
The fact might be inferred from the leader in the
lines of yesterday. This is the wiser course, and
it is well that it has been adopted promptly and
spontaneously. The news will cause much disap-
pointment to the American k wimps, who had pro-
bably discounted Burke's " martyrdom." Royal
clemency will send down the Fenian funds rapidly.
It is to be hoped, however, that an execution would
not be necessary to induce them to respond liberally

to the appeal made to them to send over money for
the defence of the prisoners. Possibly it is some of
the cash intended for this purpose that has fallen
into the hands of the police at Passage, near Cork.
The Cork Reporter states that when the Bristol boat
arrived there on Tuesday, Constable Geary seized a
small linen bag, containing £750 in sovereigns. The
possessor gave his name as John Creman, a native
of Ireland, just returning from New Zealand. He
was taken into custody pending inquiries.
An aggregate meeting of the tailors of Dublin was
held last evening in the Mechanics' Institute, for the
purpose of expressing sympathy with the tailors
now on strike in Loudon. The attendance was ex-
tremely limited.
Two turnkeys have been dismissed from Longford
Gaol as the result of an investigation into their con-
duct relative to the Fenian prisoners.

Thursday Night.

A man named Aylward was waylaid on the Royal
Canal this evening and fired at by a number of men,
supposed to be Fenians. lie escaped with two slight
wounds in the head.

Railway and other Companies.

LONDON, BRIGHTON, AND SOUTH COAST.

The adjourned special general meeting of this
company was held yesterday, at the International
Hotel, Islington, London-bridge, to receive the
result of the poll on the amendment proposed by
the chairman, at the meeting on the 9th inst. ; Col.
Bart•telot, M.P., in the chair.
The Assistant-Secretary having read the notice
of adjournment,

The CHAIRMAN said he had now to declare the
result of the poll taken on the amendment. The
number of votes in favour of the amendment was
10,200, against it 51,399, showing a majority
of 41,199 votes against the amendment. (Hear,
hear.) He had, therefore, to declare that the
amendment was lost. He bad now to put from the
chair the resolution of Sir Charles Jackson, but be-
fore doing so he hoped that all
.angry feeling might
now cease--(hear)—and that no time would be lost
in adopting the best course for the interests of the
proprietors. He hoped the meeting would pass off
with good temper, and that all differences would
now cease. What had been done had been done
for the best ; but whether it was for the best or not
time would show. This he might
.say—that- his
most anxious wish was for the welfare of the com-
pany. He had now to put the resolution.
Mr. CONNINGIIAM, a director, thought it neces-
sary to explain why he had written a letter to the
newspapers tendering his resignation. He regretted
that Mr. Schuster was not present to defend the
policy he hod pursued for so many years. He had
often opposed that policy at the Board, and was
sorry he could not, succeed in preventing many of
of those extensions. It had been said that Mr.
Schuster had sold his shares ; but that was not true,
as he now held £36,000 stock in the company, and
Mr. Schuster and his family held in the aggregate
between £60,000 and £70,000 stock in the com-
pany, so that he presumed he had backed his policy
by his holding. He believed that Mr. Lawrie had
met with considerable difficulty at the Board, and
also held a large amount in the company. He trusted
the company would deal with the bankers of the
company in a most conciliatory spirit, and do what
was right in that matter. He had for the last ten
years opposed the policy of Mr. Schuster at the
board, particularly in paying larger dividends than
he considered they could pay. He regretted that
at the interview of. Sir C. Jackson and other mem-
bers of the committee with the board the latter did
not at once withdraw the bills for taking over the
Surrey and Sussex and other lines,. and thus prevent
the circulation of the report of the committee. The
depreciation in the value of the company's stock was
WA from anything the directors had done, but from
the change iu ,the policy of Parliament.

The CHAIRMAN then put the following resolution
from the chair, which was proposed by Sir C. Jack-
son and eecon:led by Mr. R. L. Lopes
" That this meeting is of opinion that novacancy
should be filled up in the present board of directors
until a report by a committee of investigation, to be
appointed at this meeting, shall have been presented
to the shareholders, and that this meeting be ad-
journed to the 30th inst., to receive such report—
the committee to consist of the Right lion. Lard
Westbury, Sir Cha ries Jackson, Mr. Ralph L. Lopes,
Colonel Meller, M.P., Mr. Jonas Levi, and Mr.
Henry John Anthony Goez, with power to add to
their number. That such committee shall have full
power to inspect and take copies of or extracts from
the company's books, papers, and documents, and
to obtain such legal and other assistance as they
may require ; and that the directors and officers of
the company are requested to render to such com-
mittee every assistance and information in their
power. That the directors be, and are hereby, re-
stricted from entering into any agreement or other
important arrangement with any other company
without the full sanctio❑ and co-operation of the -
committee. That the present directors be requested
to place their seats at the disposal.of the sharehold-
ers, with a view to a recon,stitutiou'of the board at
the adjourned meetin,g."

The resolution was carried unanimously.
Sir C. JACKSON thought the directors had adopted
a right course on that occasion in not demanding a
ptlovlel
0,
naso
directors
fresh effortrtectorsandsilatro pehorlodleornsg thewoul
dcohnatveset b
one-
i y
tended to exasperate those who were already irritated
by the state of the concern. He believed that nothing
short of a full and thorough investigation of the
re-
storingo
pceornt
yfi dot; etze, ac
on
Ida
poaf
Ipyr of toe: ttihneg
affairs of the company would have the effect of
and
pHroe v
bi ne g_
thupr
future.lieved that nothing h
s ort of the whole truth was
necessary to establish the company in public opinion.
It would require a most candid judicial investiga-
tion conducted in a moderate and careful manner to
arrive at -the truth; in fact, a thorough investiga-
tion into the whole transactions of the company. As
to the proposed agreement with the South Eastern
Company, that would require full consideration be-
fore it was sanctioned. The committee were anxious
to add to their number suitable members. He bad
seen Mr. W. B. Horne, who had been proposed by
the chairman, and he was informed that he was a
very large shareholder, and from what he knew of
him he hoped that Mr. Herne would not only join
the committee in their investigations, but he trusted
that he would eventually be elected a member of the
board. He thought there: was no chance of the com-
mittee being able to report on the affairs of the
company on the 30th inst., as mentioned in the
resolution, but they would give due notice to the
proprietors of any report they had to issue. The
members of the committee had no adverse feeling
whatever to any one, but were solely actuated by
the idea of doing full justice to the property of the
company. (Flctr, hear.)
The CHAIRMAN said they could not hold the
Wharncliffe meeting till 1 o'clock. The bill they
had to submit was a formal one, and he thought that
the clauses retained in it would assist the company
in a financial point of view.
Sir C. JACKSON said he had examined the clauses
of the bill as it now stood, and saw nothing objec-
tionable in it.
Some discussion . having arisen with regard to
extensions generally,
Mr. LOPES hoped the proprietors would allOw the
committee to deal with all the questions, as they
were fully aware of the views of time shareholders.
He concluded by moving a vote of thanks to the
chairman for the manner is which he had presided
on that occasion, and it was carried unanimously.
At one o'clock the adjourned Wharncliffe meet-
ing was held; Colonel Barttelot, M.P., in the chair.

The notice of adjournment having been read,
The CitairattAN proposed a bill to enable the Lon-
don, Brighton, and South Coast Railway to execute
certain works, to purchase additional lands in the
counties of Surrey, Sussex, and Kent ; sanctioning
agreements with the South,Eastern Railway Com-
pany, and for other purposes. He sail the bill in
its present form only enabled the company to make
a few alterations and improvements in the works,
one of those works being to build an arch under a
road. The bill also authorised the purchasing of
very small quantities of land at some of the prin-
cipal stations. it also contained clauses for enabling
the company to raise capital already authorised with

greater facility, and in a better way than they could
now raise it. The bill had been carefully examined
by Sir C. Jackson and Mr. Rose, the solicitors, and
they had found no fault with it in its present form.
Sir C. JACKSON seconded the motion approving
the bill. He stated that the clauses respecting the
Surrey and Sussex and the other two lines had been
struck out of the bill. The chief object of it now
was to enable the company to raise money at a
higher rate than 4 per cent. on debenture stock, to
which rate they were at present limited.
The resolution approving the bill was then carried
unanimously, and the proceedings terminated.

tensions. He brought to their notice the great lass
which extensions bad inflicted ; some of them did
not pay working expenses. The fact was that all
the railway companies throughout the country
wanted rest for some years to come. It would be
foolish to say that there should be no more exten-
sions, but there was no question that railway pro-
perty would greatly benefit if extensions generally
were abstained from as much as possible.
A long and rather stormy debate arose as to how
a permissive clause to grant a loan to the IVaterloo
and Whitehall Company came into the Bill, and
Sergeant Gaselee having expressed himself as un-
aware of the clause being in the bill, he was re-
minded that his name was on the back of the bill,
with the contents of which it appeared hewas unac-
quainted. (La ugh ter.)

The CHAntn.ix read a letter which the Board had
sent to Mr. Garth, stating that the Board would
submit the scheme to the proprietors, but from the
strong feeling against extensions it would not be
surprising if they rejected the bill. They had, how-
ever, explained the matter to the meeting.
Mr. E. WRIGHT moved that line No.. 1 (the
Wimbledon and Kingston) be not sanctioned.
General JOHNSON seconded the motion, which was
carried unanimously.
After further discussion, •

Mr. PADDON moved a resolution to the effect that
the bill be approved, with the exception of railways
No. 1 and 2, but authorising the company to carry
out the line not made by the London, Chatham,
and Dover. Company to enable the South-Western
to run into" the Ludgate station.
This motion was unanimously agreed to, as was
also one approving the Elayling Bill, which gave the
company running powers over the substituted line.

A vote of thanks to the chairman and directors
concluded the proceedings, during which strong op-
position was shown against all extensions.