The Sun.
London, England, 1832-11-07 00:00:00

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Tito Rev. Mr. Booloy, and another 'witness, ear.
rohorated the facts of the assault.
Mr. BENNETT addressed the Jury for the traver-
ser at much length, commenting on the evidence.
There is one topic, s,id he, to which I
in the speech of Mr. O'Connell. It is the unfortu-
nate and unfavourable contrast m ide by him „ ,b„,
occasion between the military an:i prili e, the civil
power of the country. Goo :I Gd I what h :ye
you to do with the military or t h.. police? What
connection has this case with sue a conrra‘t ? The
police are not on their trial; if they deer, e .0 be
put on trial, %o they can; bu why try them b-'ore
there is cause ? I am free of any political s rjudicm
• I trus., which would interfere with my tlu y As
an advocate I dep ecoe their introducit,m, aid ever
W• 11 deprecate theT introdue•io,,, in7o qu stion
wh;es, lam c.lled upon to talc part it. d
T •oma R mayne S ot,fi 1.1, Eq., ex an •..ed iuy
WouLFE—I am a %ha s rate of he coumy.
On Su.. Jay, the. 221 of J I .tac ar Wiliteehtirch
with many other Ma,zistratei. Sir G o Bingham
came with the military to as-ist the Mavistrates in
keep;nr; the peace.
Mr. O'CONNELL—D,) you know that, S'r, from
pup o-.. ly.oa:lerlge?—N I of
Mr. WOULFE—There ,% ere many Magis!rates of
the Comity there ?—Yes.
Had you any information from Lily one ?
O'CONNELL—I object to tha . To make a
nagiqrate act legally, he requites in'ormation on
ct.i h.

Mr. Jostlee 1100 RE (to witness)—Don't tell the
flat tit,. of the communication.
Winess—A person came to me while we were in
he fi Id Wbitechurci.
Mr. O'CONNELL—I i-ihject, tn,t /.:,rd, to his re-
uearine wha- the wirson si d.
Mr. Justice MoottE—Was the commimicaiion
inade generally ?—I th•nk it wm, my Lord, I
think the hotly of the Mig.stra'es was there.
Mr. O'CONNELL—Perhaps that man is in Court
tVbat is his tiarse don't know—l—l
Mr. O'CoNNELL—Not know it, Sir F O'r ! if
British liberty depends upon this,
Mr. BENNETT —Really, Mr. O'Connell, I can't
sit ht-re and hear this.
Mr. 0' CONNELL—• Here is an individua!, who
ned same things, told told the Magi,traies of
Lis imagining,. If the Magistrates chose to act on
he fancy of individuals, where the lives or liberties
of their fellow-subjects are at stake, can we be said
to be free and have protection ? A Magistrate ran
only act on the letter of the law. To make his in-
formation valid it must be sworn.
\Vas this person on his oath, Sir ?—No.
Mr. O'CONNELL-1 hen, without having a power
of doing so himself, he delegates such non-existent
power to another. Is Mr. H. er any of us in that
kind of country where, because some person says
something to some Magistrate or other, his life and
iiberty are to he endangered on the one, and to be
infringed on the other—that he should be role over
or cut down, for that is the question ?
Mr. Justice Moon E—l think it quite enough for
the justification of this gentleman and the Magi-
crates, that they got some information, no matter
how or from whom, that danger was to be iippre-
:tended from illegal meetings, and therefore that their
arrest of Mr. 11. is perfectly legal. If a Magistrate
apprehend misch of anywhere, he may go there.
Mr. O'CONNELL—They are always in the thick
of mischief; they are the grtatest mischief-makers
in the country.
Mr. Justice MOORE—After all I have heard, I
ad it this as evidence.
Mr. O'CONNELL—. Very well, my Lord; I have,
unfortunately, no bill of exceptions to take. If I
had there ate things enough to except to in the
decision.

Witness—A communication was made to me
and the Magistrates, and from it we supposed and
believed that an illegal meeting was to take place;
we artended to preserve the peace, which we
thought seriously trifled with; after I had received
the communication I spoke ot, I went to Carrignavar
with the other Magistrate, the General, and the mi-
litroy; I rode beside Sir G. Bingham all the way ;
about a quarter of a mile beyond the bounds of the
county I saw, at an angle of the road, t.:o men on
horseback, and a great crowd of people behind
them; I said to Sir George, " I suppose these are
the. persons?" Yes," said Sir George, "
Hodnett—l know him ;" when we came dose to
these two men, Sir George and the troop of Lancers
pulled up, and Sir George said to Mr. Hodnetr,
Mr. Hodnett, I was looking for you—you must
go back—where's your drum-major's cap and
staff? Mr. Hodnett did not appear to me to pay
any attention to what tt:e General said; but he
made some observation about his tieing stopped; he
appeared to be pushing his way through the Lan-
cen—he could not pass without doing so—so much
so that he got among them; Sir G. further said,
" I arrest you ;" this was, I think, after he had
pushed in among the Lancers, who had halted.
Mr. O'CONNELL—Can you swear positively it
was ?—No.
Mr. BENNETT—Oh, Mr. O'Connell, this witness
is a gentleman, and that is no way to examine him.
Mr. O'CONNELL—A gentleman—a gentleman—
what is a gentleman more than any man, in the
?

Witness—Nlr. H. appeared to pay no atten-
tion to the General's command, but to push on
among the troops. Well, says Sir George, then ride
turn down.

Mr. O'CONNELL (emphatically)—Ride—him—
down T.
Witness—After that, one of the Lancers pushed
the quarter of his horse against Mr. Hodnett's horse,
and thrust him against the road side. Mr. H. then
said, " I'll go where you please." I did not hear
Sir George say, " Cut him down." I don't know
whether any one had given him an order to arrest
Mr. Hodnett. Mr. Hodnett returned to Carighavur,
and I rode all the way with him.
Cross-examined by Mr. O'CONNELL—I'II hot
ask you any questions, Sir—you have proved my
case. I'll only confront you with the Rev. Mr.
Begley. Mr. Begley, by virtue, of your solemn
oaih, did or did not the General use the words
Cut him down ?" On my solemn oath he (td.
Sir A. Perrier, examined by the Honourable W.
PLUM ET—Was with the Mayor of Cork and other
Magistrates at Whitechurch. It was he arid the
Mayor who had ordered Sir G. Bingham and the
military out.

Captain Berners, 8.A., ci-devant Aide•de•Camp
to Sir G. Bingham, gave similar testimony, denying
that the defendant used the words." Cut him down."
31r. O'CONNELL, in reply, was heard at great
length.
The Jury returned a verdict of Guilty, with an
expression of opinion, that in making the assault no
bodily harm was intended.

Here a tremendous and irrepr,ssible shout burst
from one of the most crowded Courts we have ever
seen, which was re-echoed by hundreds who
thronged the neighbouring streets. The Judge ap-
peared much agitated. Cries of " Shame, shame,"
were raised in different parte.
Mr. Justice MouRE--.D.,n't say shame; for the
conduct now evinced before the Court cannot but
excite the contempt and indignation of every good
man. It was scandalous and most disgraceful con-
duct, The laws cannot be administered in a coun-
try
wit-
nessed in a Courtleweheresuchdi of Justice.sgracefulexhibitions are to be wit-

The Rev. Mr. Lord, I beg to assure
your Lordship, that such an impression shall be
made on the minds of the people of the impropriety
of their conduct, as shail prevent a recurrence of the
scene.

Nt
ionimpressiont. u can
exciteb e
them
and there you leave them.
°ton
Mr. Justice MoonE (as well as we could catch
him in the confusion which prevailed) said—Sir G.
Hingham, I have a duty to perform-a duty the
most painful that I ever felt during the long period
them
esinofJustice
insubordination,x c e p
y o)o teE x—ci
if my public experience. I have not, Sir, the/ll°.
flour of knowing you except by reputation, anetiCat
places you before your country as the representative