The Sun.
London, England, 1866-02-21 00:00:00

IRELAND.

DUBLIN, Feb. 20.
Copies of the act passed on Saturday for the sus-
pension of the writ of habeas corpus in Ireland
reached the Lord Lieutenant and the Chief Secre-
tary yesterday morning.
There was a rapid migration of strangers from
Dublin yesterday, and the familiar Yankee hat and
beard, worn so proudly by embryo generals and
owners of estates to be won by the sword in the dear

old country, suddenly vanished. Those who ven-
tured to remain sacrificed their magnificent beards,

and the barbers had some hours' hard work.

Many of those arrested are from England, and
belong to London, Greenwich, Sheffield, Oldham,
Ashton-under-Lyne, Liverpool, and Hartlepool.

Their names are Henry Gibbons, John Sheil, James
O'Neal, Owen Bartley, John Hammond, Henry
O'Connor, Henry Browne, John Mahon, Patrick

Gill, John Browne, John Toohy, Bartholomew

Kane, Francis. Balk, Austin Maly, Thomas Con-

nolly, Thomas Lawless, Matthew Regan, Thomas
Brien, Michael Green, Patrick Myles, Edward
O'Shaughnessy, Thos. Tracy, Edward Drummond,
Thomas M'Manus, and Thomas Whetston. In only
one case has there been any resistance to the police.
_ _

Among those arrested in Dublin the following
were officers in the American army :—Capt. D. J.

Mykins, 107th Regiment ; Capt. E. J. O'Doherty,
aide-de-camp to General Owen.
Two brothers named Gleeson, American officers,
have been arrested at Borrisoleigh. They emigrated
from that place about 15 years ago. Both joined
the Federal army, and rose during the war, one to
the rank of brigadier-general, and the other to that
of captain. They have been about four months in
this country, residing with their father.
The evening papers contradict the statement
which appeared in some of the morning journals that
Mrs. Stephens, Mrs. Luby, and Mrs. O'Donovan
had been arrested. Two persons, named Parker,
father and son, arrested on Saturday, have been
liberated.

Among the places searched in Dublin was the
publichouse, No. 1, William's-row, which was taken
possession of by a party of the C division. A num-
ber of persons who were at the bar at the time were

detained while the search was being made, but no
arms, ammunition, or documents were found, but
Mr. Cleary, the proprietor of the establishment, was
arrested. A large and excited crowd assembled in
the neighbourhood, and the police had much diffi-

culty in dispersing them ; and constable 44 C was
knocked down, as it is stated, by a young man
named Geoghan.
The parties arrested have been lodged either in
the Mountjoy Convict Prison, or at Kilmainham.

It is said that the prisoners detained under the new
act will be sent to Spike Island. The city is per-

fectly quiet. No person attending to his lawful busi-
ness is questioned by the police at any hour of the
night. They have a quick eye for suspicious cha-

ratters, and they do not trouble others.
The strictness of the search for arms may be in-

ferred from the following cases :
A man named Brophy, the keeper of a publiehouse
at 19, rhilmborough-road, wan brought, before Mr.
Stronge at the Capel-street police-office yesterday,
in custody of Inspector Harrington, charged with
the illegal possession of a sword. Inspector Har-
rington said that he went into Mr. Brophy's shop
and asked him had he any arms, on which the pri-
soner at once handed him a sword. The prisoner
said he told the police some time ago that he had
the sword, and he had expected them to call for it.

Inspector Masterson confirmed the statement. Mr.
Brophy was ordered to procure the bail of two
householders to the extent of £25 each, and to give
his own personal bail to the extent of £5O. He
stated that his character was well known, and that
he had the sword for no unlawful purpose. Mr.
Ennis bore testimony to the character of Mr.
Brophy. The bail was procured. Geo. Chambers
was also brought before Mr. Stronge by Inspector
Darcy, charged with the illegal possession of a
Chinese dagger, at his residence, 3, Upper Mecklen-
burg-street, on Saturday last. Mr. Ennis, who
appeared for the prisoner, handed in a letter dated
in 1860, showing that the prisoner had received the
dagger from his brother, a sergeant-major, who had
been in China. He was ordered to procure simi-
lar bail to that required in the previous case.
James H. Gorman, a blacksmith, from Carlow
Grainge, was arrested last evening in Back-lane,
where the police found 70 rifle cartridges, 141 b.
weight of gunpowder, and a large quantity of ma-
chine-cut cartridge paper. He was conveyed to
Mountjoy Prison. Shortly afterwards, as Police-
constable 67 A was passing down Patrict-street he
was deliberately assaulted by a man named Martin
Donelly ; he was taken into custody for the assault,
but after his arrest it was discovered that he was a
person suspected of Fenianism, and he was trans-
mitted to Mountjoy Prison. During the night 37
prisoners, collected from various police stations,
were removed to Mountjoy Prison, under an escort
of the 10th Hussars.
The police have been active in Cork and Queens-
town, but no arrests of importance have yet been
made in either of those places or in the neighbour-
ing towns. At Waterford Joseph Heyland, of the
Federal army, has been arrested on suspicion.
A military court-martial was held in Cork yes-
terday. The following report of the proceedings
has been furnished by the correspondent of the
Daily Express :
"A general court-martial was held to-day (Monday), in
Cork barracks, to inquire into charges preferred against
Drum-major Farrell, 2d Regiment ; Sergeant Durrah, 2d
Regiment ; Sergeant Butler, 32d Regiment ; and Private
Conroy. The following officers comprised the Court :
Col. Shute, 4th Dragoon Guards, president ; Lieut.-Col.
F. R. Main, 2d battalion let Foot ; Major W. C. O'Brien,
73d ; Major J. C. Weir, Ist battalion 2d Foot; Major V. J.
Bazalgette, 37th ; Capt. C. P. Teesdale, Ist battalion 11th
Foot ; Capt. W. N. Waller, Royal Artillery ; Capt. Richert
Maunsell, 2d battalion 11th Foot; Capt. J. C. T. Drake
Ist battalion 2d Foot ; Capt. J. B. M'Kenzie, 2d battalion
Ist Foot ; Lieut. G. F. O'Grady, Ist battalion 2d Foot ;
Lieut. G. A. Scott, Ist battalion 2d Foot ; Ensign Joseph
Pratt, 2d battalion Ist Foot ; Cornet John Chadwick, 4th
Dragoon Guards. Sergeant Durrah was first put on his
trial. Colonel Nugent, Deputy Judge-Advocate, road the
charges against the prisoner, which were for having, in or
about April, 1865, been guilty of mutinous conduct in
not reporting an intended mutiny of her Majesty's forces
which came to his knowledge ; and for having, in or about
the same month, joined a treasonable and seditious con-
spiracy, having for its object the levying of war against
the Queen.
" Colonel Lane Fox, the prosecutor, then addressed the
Court. He said that the evidence would show that the
prisoner was a friend of Bryan Dillon, at present confined
in Pentonville ; that Warner, the informer, had sworn in
the prisoner as a member of the Fenian Society ; that the
i
prisoner had introduced J. J. Geary and J. Thomson into
the sergeants' mess-room ; that he had seduced men f.nelied
of t
regiment from their allegiance ; and that Geary ha(,
upon the prisoner to command the military in case
a
re-
volt. The prosecution was brought under the 36th article of
the Articles of War, an extract from which stated that any
officer or soldier who should join in any military or treason-
able conspiracy should, upon conviction, be liable to suffer
death, or penal servitude for any term not exceeding five
years, or any other sentence that a general court-martial
should direct. The second charge brought the prisoner
under the operation of the 104th article of the Articles of
War. The mode of procedure on his part would be to prove
the existence of the conspiracy. In so doing ho would
follow the practice adopted in the civil courts in similar
cases confining himself to the documentary evidence

affecting the prisoner connecting him with a person named
James Stephens. The first document to be produced was
a letter addressed by James Stephens to the working B's,
i
ynaoi which
acsuld bnhetdelrii ; );
esie statedlleiasn. that the year 1863 would be the year
of action, and that when the flag of the Irish Republic
urging
e,ga secondstihe eeds
todachoucl
iiuns document :me
tneatnipv
appointing
isf thedtigllletter
e e? s
in rf
Ex-
ecutiveJ Government in Ireland, in his absence from this
country ; another was a letter from Stephens stating that
while in Cork ho would be heard at Bryan Dillon's. It
would be proved that Bryan Dillon and the prisoner had
frequent communications together. The evidence of
Warner was of a nature to require corroboration, but ho
(Col. Fox) might observe that in the civil courts Warner
was corroborated in most of what he swore to, and in no
instance was his evidence shown to be untrustworthy. It
should be observed that by ono of the rules of the Brother-
hood no third person should be present when the Fenian
oath should be administered, and therefore it was quite im-
possible to produce other evidence as to the enrolment into
the society than Warner, who had sworn him in, and the
police had to use considerable influence with Warner to in-
duce him to give the information. Col. Fox concluded by
saying that his duties as public prosecutor were made com-
paratively light by the circumstance that the prisoner was
defended by an able counsel, Mr. Concannon, and by Mr.
M. J. Collins, solicitor. He believed that Mr. Concannon
had not yet arrived, and he wished to know if the prisoner
was prepared to proceed with his trial.
"The President— Does the prisoner wish the trial to be
postponed until the arrival of your counsel ?
"Prisoner—Not at present, Sir.
"President—When you do, let me know.
"Pierce Nagle was then called and sworn by Col. Nu-
gent. He deposed to the existence of the Fenian Conspi-
racy,phens, and to
Stephens
‘Tand
and
e
ing B's in Clonmel.
asrbr
ee
si t
doge
n t histheh
Headek r ne o
rwe
al
Centreod d
sg at e of
" The witness identified the handwriting of the letter,
fhinjenalnsr'elselansletSdteter to the work-
' which letter he and a printer named Neville took from a
man named Power in the Irish People office. The witness
identified the handwriting in the other documents as that
of Stephens. Ho deposed to his knowledge of Thomas
Clarke Luby as proprietor and sometimes editor of the
Irish People."

In times of public excitement, when people get a
passion for firearms, it is hard to say who is safe.
The most peaceably-disposed man, though he never
quits his house or his business, cannot be sure in
the morning that he will not come to a violent end
before night. Poor Mr. Byers, the owner of a public-
house at Glasnevin, was quietly sitting in his par-
lour talking to a policeman off duty, when a car
came rapidly to the door ; he heard the well-known
voice of a customer ask a shilling to pay the fare,
and in another minute or two a familiar friend stood
beside him, pulled a revolver from his breast-pocket,
and shot him, holding the pistol within six inches of
his neck. The facts of this extraordinary case were
stated before Mr. Stronge at the Capel-street Police-
office yesterday. The prisoner, Mr. Joseph T. Sut-
cliffe, a clerk in Balls' banking-house, seemed to be
greatly depressed. lie was defended by Mr. E. A.
Ennis. The sword and revolver which the prisoner
had with him at the time of the occurrence were in
court, and also a bundle containing money, papers,
and other matters found on him when he was
searched. The following evidence was taken and
embodied in the information of Mr. Rickards, one
of the clerks of the police-court :
John Tracy, 34 D, sworn—On Saturday evening, about
7 o'clock, I was in Mr. Byers's house at Prospect-avenue,
Glasnevin. I was on duty at the time. I had been sitting
in a small room behind the bar about 20 minutes when I
heard the prisoner ask for a shilling. He afterwards came
into the room where Mr. Byers and I were sitting. He had
a sword-bayonet by his side. He said, " I have got the
licence." He laid aside the sword, put his hand into his
breast, and drew out a revolver pistol. Byers said, " Take
care ; is that loaded ?" The prisoner said, " Upon my
honour, it is not." He put it down to his side, then stretched
forward his arm till the pistol was within six inches of
Byers's neck. I did not see the prisoner cock the pistol, or
hear it cocked. The prisoner discharged the pistol and
Byers fell on his back wounded. The shot wounded him in
the neck. Byers, falling, said, " Good God ! lam shot." I
took posoession of the sword-bayonet and seized the prisoner,
who threw the pistol on a desk. After a little delay, I took
the prisoner to the police barrack, which was close by.
To Mr. Ennis—The prisoner was under the influence of
drink. Tie made use of no threats or violent language. lie
appeared to be on friendly terms with Mr. Byers. I heard
Mr. Byers himself say they were on friendly terms. There
was no ono present at the time but Byers and the prisoner.
Brady, the car owner, said while driving along ho was
shouting to two dogs that he had following the car. At
the top of Eccles-street ho put his hand into his breast
pocket, took out a pistol, and showed it to me ; he put up
the pistol again, and I drove him on to Byers'. He was to
give me ls. for the drive. He told me to come back for
him about half-past 11 o'clock. When he reached Byers'
he got off the car, and went into the house. In about five
minutes I heard the report of a pistol shot from the interior
of the house. I wont inside. I saw Mr. Byers lying on the
ground wounded, and the constable with a hold of Mr. Sut-
cliffe. With the assistance of another man, named Barney,
I placed Byers on the car, and brought him to the Mater
Miserieordire Hospital. I saw that Byers was wounded in
the side of the neck.
Mr. Ennis, on the part of the prisoner, said—
.

The prisoner is most respectably connected, and he is
surrounded hero by a number of friends. He holds a most
respectable situation. Every one who has heard the par-
ticulars of this melancholy case must be convinced that what
occurred was through accident. No ono regrets what hap-
pened more than the prisoner himself. He was on the most
friendly terms with Mr. Byers. They never had a word of
dispute, and the last thing the prisoner would do would be
to injure Mr. Byers; and, as I have said, the wholo affair
was an accident. I would ask your worship, under the
circumstances, to accept bail, which can be given to any
amount. With respect to the arms in the prisoner's posses-
sion, ho bad a licence to carry them. lam very happy to
hear that Mr. Byers is improving; the account of his state
is favourable, and if ho was here himself I dare say he
would express his firm belief that it was an accident and
nothing else, and that the prisoner never harboured the
slightest intention of hurting or harming him.
The case was remanded till to-day. Byers is
said to be likely to recover.
On Saturday night a guard, consisting of one
captain, one subaltern, and 150 men of the Ist bat-
talion of the BthFoot, was sent to Mountjoy Prison
to do duty over the prisoners apprehended in various
parts of the town and suburbs. The sth Dragoon
Guards on Saturday night furnished several escorts
to accompany the police in removing prisoners from
the different police stations to Kilmainham and
Mountjoy Prisons. The whole of the troops in
garrison not on duty were confined to quarters and
held in readiness to turn out at any moment during
Saturday night, a portion of the cavalry being kept
ready saddled ; and part of each regiment of in-
fantry were kept under arms the whole night, and
during yesterday and last night each regiment kept
in readiness an unusually strong inlying picket,
and the number of sentinels in each barrack has
been greatly increased. A reinforcement of 2,000
men to the army in this country is hourly expected
from England, which will on arrival be despatched
to different parts of the country, mostly to the
south, for conveying which express trains are in
waiting at the King's-bridge terminus. At the Pigeon-
house and Magazine forts increased precautions
have been taken, at the former in particular, no
strangers being allowed into the fort day or nigh
TUESDAY EVENING.
Sixteen additional arrests were made last night
and to-day.
11.1‘Donnell, the Vice Head Centre, has been cap-
tured.
Numerous arrests were made this morning in
Limerick and four in Cork.
Yesterday ten persons were taken at Athlone
and five at Trim.
An order was received yesterday at Athlone to
despatch without delay 200 infantry to Galway.
The report that a large force with artillery was
sent south on Sunday was erroneous.

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2t Police Con
Leeds County Court, on
.. T. H. Marshall delivered judg,meilliti a
, of a series of actions against members Of the
Leeds police force, for having, in July last, unlaw-
fully arrested and imprisoned John Briggs, Rufus
Dickinson, Daniel Scott, William Ealam, George
Booth, Solomon Bartley, and George Marsden, on
suspicion of being implicated in some robberies of
watches which had recently taken place in Manches-
ter. Mr. IV. P. Roberts, of Manchester, appeared
for the plaintiffs, and the officers were represented
by Mr. Bruce, barrister, of Leeds. His Honour, in
delivering judgment, said there were several actions
brought by Briggs and five or six other parties
against George Ripley and several other policemen
in Leeds, for arresting them on a charge of felony,
and detaining them in prison for the space of nearly
24 hours ; and as that arrest had been made by the
police without a magistrate's warrant, and upon a
charge which certainly turned out to be utterly des-
titute of foundation, it was incumbent upon them
to show that they had reasonable grounds for making
it. The plaintiffs were all respectable men, and with
the exception of two, who were licensed hawkers,
were colliers, and all were resident in Leeds and the
neighbourhood. Mr. Roberts,who appeared for them,
had made some observation in which he did not
at all agree, as to the impropriety of taking up these
people without a warrant. It seemed to him quite
impossible, as well as quite unusual, that the police
should not arrest men until they had obtained the
warrant of a magistrate. If that were so, the po-
lice, in his opinion, would be of little or no use
whatever, particularly in large towns, because if
when a policeman saw a thief and suspected him, he
had to waituntil he went to the town-hall and got a
magistrate's warrant before arresting him, in all
probability the thief would have gone away before
he could come back. They all knew that it was the
duty of the police to arrest all suspicious persons
without any warrant at all ; that was the case in
perhaps 19 out of every 20 arrests that took place;
but the advantage of the warrant was that it took
away from the police the risk of the arrest turning
out to be erroneous. If they had no warrant, then
any arrest that they made was at their own risk.
As to the use of handcuffs in the case, he really did
not see that there was any objection, if the police
had a right to arrest them at all, to their being con-
veyed in the way proved in evidence, from the
bottom of Briggate to the police-office ; and the
same thing would apply to the use of a chain in se-
curing them. But, after a careful consideration of
the evidence, he had come to the conclusion that
theplaintiffs were entitled to a verdict—not because
of the want of a warrant, or because there was
unnecessary violence or other improper conduct on
the part of the police towards them after they
were taken into custody, but because he thought
they never ought to have been arrested.
There were no reasonable grounds to justify
suspicion against them ; indeed he was quite per-
suaded that they never would have been taken into
custody if it had not been that, just at that time,
there was a sort of watch mania, if he might so call
it, running in the minds of the police, in consequence
of very recent and extensive watch robberies in
Manchester, about which placards were extensively
issued offering rewards of £5OO and £l,OOO. His
Honour then proceeded to recapitulate the facts of
the case. In noticing the conduct of the police, he
said he thought they ought to have made inquiries
respecting the men and the addresses they had given
before they removed them in so disgraceful a man-
ner from the bottom of Briggate to the Town-hall.
That that was done in a hasty and an improper
manner was perfectly clear to him, more particularly
from the circumstances under which the man Scott
—who had no watch at all about him—was arrested.
He saw no grounds of suspicion whatever against
him, except that he might be suspected of being
about to buy a watch which the police suspected had
been stolen. That showed the hasty way in which
the first policeman had acted in running off to the
police-office ; and he must say that, when the plain-
tiffs were taken to the police-office, according to the
evidence even of the policemen, they were dealt N'V ith
in a very unusual, careless, and hasty manner—a
manner, in fact, that he was quite sure the magis-
trates would not sanction if they knew of it. The
police, although they had their addresses, had made
no inquiries abcut them. Instead of keeping them
all night, they might have gone and inquired
whether Briggs had given his true address, and
asked him whether he could not refer them to certain
persons. It was their duty to have done so, for
they had no reason whatever to suppose them dis-
honest persons. Ile was bound to say that a great
deal of evidence had been given on the part of the
police, utterly at variance with the statements made
by the plaintiffs, and, after due consideration, he
was bound to say that he thought, upon the whole,
the statements made by the men were much
more to be relied upon and much nearer the
truth than some of the statements made by the
police. (Applause in court, which was instantly
checked). His Honour alluded to the case of one
of the plaintiffs, who had denied that he had been
searched after being taken to the police-office,
whilst two officers had both said that he had been
searched. In this instance, by means of the books
kept at the police-office, he had been able to verify
the man's statement. In other cases he considered
that if the men had acted as the police alleged they
had done they must have been arrant fools, for no-
thing could have been more absurd than for them
to have done some of the things which, according
to the evidence of the police, they had done. He
confessed that he was staggered with some of the
evidence given on the part of the pollee. In the
case of the man Scott, who had never been searched
whilst in the police-office, and who had his hawker's
licence with him, he thought that the conduct of the
police had been specially improper, and that if he
had laid his damages much higher than he had done,
any jury would have awarded him a considerable
agreed
society with 1 Ir.
the
p Bruce,police
o e that
it
was to the should
amount ; and the same might be said of ono or two
others.
lie
iientcleareitset of that
have ample protection from the law in taking per-
sons into custody upon different charges. They
must do so, however, in a cautious and in a proper
manner. But, on the other hand, the interests of
society equally required that the police officers
should be made responsible for the exercise of their
authority, when they acted without such care and
circumspection as were required. He thought that
they had done so in the present case. It appeared
to him that they had exercised their authority in an
unwarrantable, a very hasty, and an erroneous man-
ner ; therefore he thought that the plaintiffs were
entitled to the damages they had sued for, viz., five
guineas each, and the cost of their attorney.

Foreign Mail Packet List

MAILS DUE.

Australia and New Zealand, via Southampton Mar. 22.
Ditto, via Marseilles Mar. 16.
Brazil and Cape Verde. by British packet ...... Mar. 6.
Ditto, by French packet Feb. 22.
Cape of Good Hope, Ascension, and St. Helena...3hr. 24.
China, Penang, and Singapore, via Southampton Mar. 5.
Ditto, via Marseilles Feb. 27.
Falkland Islands
Gibraltar, via Southampton . Feb. B.
India (Calcutta), and Ceylon, via Southampton Mar. 5
Ditto, via liarseilles ..........
...•I
India (Bombay), via Southampton. Feb. 22.8:
Ditto, via Slarseilles .. ....Feb.
Mauritius, via Southampton
Ditto, via Marseil e+
Alia 104.
Newfoundland • 4 1 ....... Mar 1
_mar 6.
Portugal

Ditto, by private ship to Lisbon... ............
United States and British North America, by Bri-
tish packet ... . Feb 28
.
Ditto, by United States packet, via Southamp-
ton .........
Ditto, Tia Cork ...........................—Feb. 23.
..
Ditto, by Canadian packet, via Londonderry
West Coast. of Africa. Madeira, and 'Venal . ..... Mar. 12
West Indies and Pacific (except Baliwnas, Cuba.
F. b. 18
C....
Mar.
Mexico ................. ..............
...... Feb. 28.
....
Cuba and M( xico ............................
r.
_ _ ............. Mar.

Bahamas, via New Y ork. ...........
Bermuda, ditto .................•••

......
............. Mar. s 1

REPORTED FENI ANISM AT PLYM 0 UTII. —P -
mounr, Tuesday.—Rumours have circulated hero to-day
that Fenian tendencies have been discovered among the
military and naval forces at this arsenal. On inquiry,
however, it has been discovered that such allegations were
entirely without foundation, and only arose from exagge_
rations of ordinary trivial circumstances in no way `ghat_
over connected with Fenianism.—Reuter's Tf.lesrani.

raiIIE LATEST EDITION of " THE SUN."
.J. HOI-ML'S begs to inform his friends, and the public
gc-tieraily, the. he supplies the LATEST ItaJITIuN of
THE SUN " as soon as published --No. 16, _Hampstead-
road, N.W.

PORTING.—JOIIN ROBERTS supplies the
1. LATP.ST EDITION of "TIIPI SUN" as soon as pub-
Bath-stnet, City-road, E.C.

HIGH WATER AT LONDON BRIDGE.
TiMs DAY,--3,lorni.g, 6n. Bm.--Afternoon, 6b.. 31m.
'3-11°Patow.-11.1rning;, 611. 54m.—Afternoon, 7h. 20m.