The Sun.
London, England, 1844-02-09 00:00:00

trators they name a convenient day for both parties.
The two arbitrators are selected from the forty mem-
bers. Tray do not make any announcement of their
intention to hold courts on particular days ; they only
act when called upon to do so by the particular parties.
The Society is an old one ; but, so far as the witness
kii, w, was not incorporated by any Act of Parliament.
Charles Vernon, Esq., produced the Morning Register
newspaper of the 14th September, 1841.
The ATTORNEY-GENERAL said the Morning Register
was not one of the newspapers circulated by the Asso-
ciati a, and its contents could not be made evidence for
the traversers.

Mr. FITZGIBBON said the published speeches of Mr.
O'Connell were clearly put in issue, and had not been
before otjected to.
The ATTORNEY -GENERAL said that the papers CiTCU-
hated by the Ass,'ciation were the weekly and three-day
new papers, and it did not appear that any daily jour-
nal WLIS ft.ro.arded by the body to any of its members.
A st:r a discutsion between Counsel, the paper was

withdrawn.
Mr. Vernon was then called upon to read the Free-
man'., Journal of the 27th of September, 1841, contain-
ing a ii.xech made by Mr. O'Connell.
The SOLICITOR-GENERAL again objected to this line
of evidence. He did not see how they could go back
for two years previous and give the papers of that date
in evidence. It would be quite another thing if they
produced the reporters who reported the speeches of
the traversers made upon the subject of repeal, or per-
sons who heard them speak ; and it was upon those
grounds that they did not object to the evidence given
by Mr. Conway ; but he did not see how the mere pro-
duction of the newspapers could be made evidence in
favour of the traverser,. He never heard of such a pro-
position.
Mr. FITZGIBBON said that the papers of the traversers
had been given in evidence against them, and he did
not see why they should not be admitted for them. It
was alleged by the Crown that certain criminal or sedi-
tious articles were circulated in the journals of three of
the traversers, and they wanted to show, that besides
the articles complained of, there were others of a far dif-
ferent character, which clearly showed that the tra-
versers did not entertain the guilty intentions attributed
to them.
Mr. Justice CRAMPTON—There is a preliminary ob-
jection which you pass by. How do you prove this to
be the act of the party ?
Mr. SHELL—In Home Took's case a book that was
written twelve years previously was allowed to be given

in evidence.
Mr. Servant WARREN said he had a case in point,
namely, Wr ails and Frazer.
Mr. 114'1)0140mi said the case cited by Mr. Sergeant
Warren did nut apply at all.
After some further discussion, the Court ruled that
the paper should be read as evidence of the acts of
Doctor Gray, but not of Mr. O'Connell. The witness
also read a letter signed " T. Duggan," from Manches-
ter, and addressed to T. M. Ray, the Secretary of the
Repeal Association, dated the 2d October, 1841, which
appeared in the Fi eeman's Journal of the sth of the
same month.
Examination resumed—l have not the declaration of
Dr. Gray here as proprietor of the Weekly Freeman's
Journal.—[The witness then read a report of the
" Loyal National Repeal Association," from the Free-
man of the 2d October, 1841, which was principally a
commentary in the speech of Mr. O'Connell upon Lord
Eliot and Lord de Grey's policy in Ireland.]
Mr. FITZGIBBON said, that the dates of the documents
having been all given wrong, by some unaccountable
mistake, he would undertake to have them arranged for
reading during the usual adjournment of the Court, the
hour for which had then arrived.
Mr. M`DoNounn said that, with the permission of the
Court, he would put in a few documents to be read on
the part of his client, Mr. Barrett, during the delay
which his Learned Friend required for the preparation
of his documents.
The Pilot of the 15th of April, 1840, was then handed
to the Clerk of the Crown, who proceeded to read there-
from the " Plan of the National Association of Ireland
for Full and Prompt Justice, or Repeal."
The Clerk of the Crown then read from the Pilot of
the 12th of April, 1843, a speech of Mr. O'Connell's,
thanking the American Repealers for their sympathy
and support.
Sir C. O'Loucuurr next handed in, as evidence, the
first and second series of reports of the Loyal National
Repeal Association of Ireland, bearing date April, 1840,
and addressed to the people of Ireland, extracts from
which were read by the Clerk of the Crown.
Mr. BOURNE next referred to the Report of the As-
sociation on the re-construction of the Irish Houses of
Lords end Commons, and to that respecting the finan-
cial injustice done to Ireland by the union ; but as these
documents have already been read at length in the pro-
gress of the trial, the officer was not required to read
them. He next read the Report of the Loyal National
Repeal Association, on the resolutions passed against the
union by various meetings.
William Morgan, examined by Mr. HATCHELL—I
reside at Tullamore, in King's County. I carry on the
busine's of a coach-maker in that town. I remember the
time of the meeting there on the 16th of July. I know
where a Mr. Dean lives. A Mr. Hand lives at the ex-
actly opposite side of the street. I recollect seeing an
arch suspended across the street, from Mr. Dean's to
Mr. Hand's. I saw it first on the morning of the meet-
ing, and about ten o'clock. I recollect what were the
words inscribed on it ; they were, " Ireland, her Par-
balm nt, or the world in a blaze." I saw it taken down,
and I assisted in taking it down. I know Mr. Steele. I
did not see him at the time of its being taken down, but
a little before it. Mr. Steele came to Mr. Dean's house,
and he said that it should be taken down by Mr. O'Con-
nell's express directions. It was taken down about a
quarter past eleven o'clock. Mr. O'Connell came to the
platform about two o'clock.
Cross-examined by Mr. BREWSTER—I did not hear of
a committee having been appointed, nor did I subscribe
to it. I heard of the like. I know a Mr. Dean, in
Tullamore. It was at his house that the arch was up. I
do not know that he is in Court, but he came up to town
along with me. Ido not know who put up the arch. I
do not live at the place where it was up, but about one
hundred perches from it. Dean was assisting in taking
it down. I was not. It was on the way to the chapel,
or rather opposite to it. It was not opposite the prin-
cipal entrance. There was a large attendance at the
chapel that day. I did not see any of the processions
coming into town.
Sir CoLmasi O'LouGHLIN then read the resolutions and
petitions to Parliament, which were passed and adopted
at the meetings at Mullin*, Drogheda, Longford, Tul-
lamore, Loughrea, and Tara.
Mr. VERNON was again called on the table, and pro-
duced the Freeman's Journal of the 27th of October and
sth of April, from which be read speeches made by Mr.
O'Connell at the Repeal Association, wherein he'censured
in strong terms the conduct of the people of Canada, in
their attempted revolt against the Government. The
witnet s also read the proceedings of the Repeal Associa-
tion which appeared in the Freeman's Journal of the 6th
and 22d of January, the 25th of March, and the 11th
and 17th of May, 1842.
The witness then read extracts at considerable length
from speeches of Mr. O'Connell, at meetings of the Asso-
ciation reported in the Freeman's Journal of the 23d
May, 1842, the 24th of May, the 16th of August, 1842,
and the 14th of September, 1843.
Mr. FITZGIBBON—Your Lordships may recollect that
I and several others of the traversers' counsel mentioned,
in the course of our addresses, that we would produce
the Rev. Mr. Power as a witness. I stated especially
that we had subpoenaed him, and that the Crown sum-
mons had actually been served on him, but that he was
in a very bad state of health, and it was with the great-
est difficulty that his physician could prevail on him to
leave, and make the journey to Dublin by easy stages.
We know that he is now on his way, and that he will
be here by two o'clock to-morrow, and. what we want is,
that the Crown should either allow us to have him ex-
amined after his arrival, we now closing our case, or that
the Court should adjourn from this evening until two
o'clock to-morrow.
CHIEF JUSTICE—Have you done with all the rest of
your evidence ?
Mr. FITZGIBBON—We consider that we have, my Lord;
for it e are anxious on no account to take up the time of
the Court, unless with what might be absolutely neces-
sary so our case. There is no other fact which we care
to prove, with the exception of what may appear from
the evidence of Mr. Power.
CHIEF JUSTICE—The Court does not think that you
have taken up any of its time unnecessarily, Mr. Fitz-
gibbon.
Mr.,FITZGIBBON—What we want, my Lord, is, that
the Crown should either consent to give up any obser-
vations upon the fact of Mr. Power's letter, by putting
it out of the case altogether, or else allow the evidence
of Mr. Power to be brought forward at a future period,
after the closing of the case for the defence.
Mr. HATCHELL—We only want Mr. Power to prove
that he sent up the letter for publication, and we expect
to show by his evidence, that the traversers are entirely
ex iterated from any charge founded on it.
Scamiroa-GzusaaL—We donot intend to make any
obse. vation on the non-production of Mr. Power, if he do
not appear.
Mr. Pioorr—Oh, but that is not enough.
CHIEF JUSTICE—Are you prepared to prove that the
Crown summons was served on Mr. Power ?
Mr. PIGOTT—Yes, my Lord, we are.
Mr. FITZGIBBON then entered as read the Freeman's
Journal of the 21st and the 29th of December, 1841, and
the 26th of January, 1843, showing a continuation of Mr.
O'Connell's objection to the Chartists.
Patrick Gaynor was then sworn, and examined by,
Mr. MONAHAN, Q.C.—He was in Mr. Mahony's employ-
ment as clerk, and served a copy of a subpeena on the
Rev. Richard Power, who was in a very weak state of
health. He said he was then in the hands of his phy-
sician, who would call next day to see him. The phy-
sician lived six or seven miles distant. He did not call,
but they met at Mr. Barron's the next day, which was
on Sunday. After a eat deal of conve.rst
should n,
l° tbe
physician said be might go to Dublin, but