The Sun.
London, England, 1859-03-14 00:00:00

THE PIICENIX CLUB PROSECUTIONS.

Up to the despatch of the post yesterday after-
noon 14 additional witnesses were examined for the
prosecution, and even yet there is no symptom of
the close of the case for the Crown. A scene similar
to that which occurred at the memorable trial of
the State prisoners in 1848 happened on Thursday,
when two of the witnesses peremptorily refused to
give evidence, and, all threats failing to induce
them to change their resolution, they were ulti-
mately committed for contempt of Court. The
episode is thus reported in the papers :
Daniel Murphy, a respectable-looking young
man, was then called up, and the book was handed
to him, and the words of the oath repeated by the
Clerk of the Crown. He hesitated before kissing
the book, but kissed it on being desired to do so by
the Clerk of the Crown. He then said—l decline
giving any evidence.
The Attorney-General—Have you made any in-
formation ? This is a matter that I have just
heard something about. Have you sworn an in-
formation ?
Witness—l have.
The Attorney-General—Did I hear you say you
refuse to give evidence ?
The witness—You did.

Do you intend to refuse ?—I do.
The Attorney-General—Then I call on, the judge
to commit this man. At the trial of Smith O'Brien
a man appeared who was contumacious like this
man, and refused to give evidence. The present is
still a worse case, for this man has made a formal
and full information, and he now appears before
sworn, tells your lordship
answer the questions put to
him in 'a court of justice. That man in Smith
this
that Court,h
e w 1 and,l
ref
refuse
bee Tog
O'Brien's case was committed for 12 months for
that contempt of Court, but there is a difference
between that and the present, because that man
made no information, whereas this man did, and he
now refuses to give evidence.
His lordship—Did you put a question to him P
The Attorney-General—l asked him would he
give evidence, and he said no.
Mr. O'Hagan, Q.C.—That is not the question.
The Attorney-General—Very well. Did you
make an information in this case ?

Mr. O'Hagan—He has answered already that he
did.
The Attorney-General--You ought to let him
go on.
'Hagan—He has answered the question
a l lard y
The Attorney-General---I must request that, in
this matter, order may be observed, and that I may
be allowed to go on.

Mr. O'Hagan—My interposition is for the pur-
pose of having order observed, and in order that
legal evidence only may be given. The witness
has already answered that question.
The Attorney-General—My lord, the witness has
sworn that he would answer me nothing.
His Lordship—Put a question to him.
The Attorney-General—Do you know Florence
Sullivan ?

The Witness—l will answer no questions.
Mr. O'Hagan—l again say
The Attorney-General—l object to Mr. O'Hagan's
interfering. He has no right to interfere. This is a
direct insult to the Court.
Mr. O'Hagan—lf that information is intended
for me---

The Attorney-General—Oh, no, it is intended for
the witness.

Mr. O'Hagan—l will only ask his lordship to
read the information made by that witness.
The Witness—l did not intend any insult to the
Court.

His Lordship, having read the information made
by the witness, said—l never met a more gross con-
tempt of Court. Let the sheriff take him into cus-
tody.
Mr. Clarke—l would suggest to your lordship,
that if this party declines to give an answer to the
questions, the informer himself declined to answer
questions, and—
His Lordship—l will not hear counsel on the
question. It is a contempt of Court, and. counsel
have no right to interfere.
The witness then left the table in the custody of
the sheriff.

Joseph Murphy, another young man, was then
called up. When the book was tendered to him he
said—l do not want to give evidence.
The Clerk of the Crown—Take the book, sir.
The witness took the book, and the oath having
been repeated to him he hesitated some time before
kissing it, and then did so, on being directed to do
so by the Clerk of the Crown.
The Attorney-General—Are you a brother of the
last witness ?
The Witness—l am.
The Attorney•General—Do you know Florence
Sullivan ?

The Witness—l decline answering that question.
His Lordship—Well, let him be committed.
This young man was also removed in custody.
The refusal of the witnesses to give evidence,
and their committal, occasioned considerable excite-
ment in the court, and in the vicinity of the court-
house large crowds soon assembled, among whom it
was a topic for discussion and sympathy during
the evening. The mother of the witnesses having
come to the lodging-house where they had been
stopping to inquire respecting them, was informed
of the event, and at first exhibited some natural
emotion, but immediately recovering went down
upon her knees in the presence of several persons,
and thanked God and the Virgin Mary that her
sons had acted ',so and had not brought disgrace
upon their name.
The vast mass of evidence which has been given
during the four days of the week just closed adds
but little to the facts already made known by the
preliminary investigation before the magistrates,
but some documentary proofs have been put in by
the Crown which certainly tend to strengthen the
belief that the conspiracy was more deep-rooted
than the general public could have supposed at the
first discovery of the plot. Indeed, it would now be
too great a stretch of credulity to entertain the no-
tion that the only actors in the affair were beardless

boys, who could be best cured of their folly by a
sound whipping or a month's drill ekt the treadmill.
One of the reports says that there are but two or
three witnesses more to be examined for the prose-
cution, but it is not within the range of probability
that the trial can conclude this week.
Yesterday a true bill was fount by the grand
jury of the county of Kilkenny against Martin
Hawe, one of the Phoenix Club men, arrested in
that quarter. The Crown, however, were not in a
position to try the case at the present assizes, and
an application was made to admit the prisoner to
bail, but Baron Richards, having heard the argu-
ments pro and con., said he would make no order
either way, but let the case stand for next assizes.