The Sun.
London, England, 1844-01-22 00:00:00

.ORDER OF PROCEEDINGS.

4, V.-.—The form of notice from the plaintiff to the defendant,
should be signed by the plaintiff, and the notification appended
thereto, signifying the willingness of the arbitrators to act, if
duly nominated, should be signed by some one of the arbitra-
tors of the district.

" Vl.—After the parties have come to the place of hold-
ing the arbitration, and before the plaintiff be allowed to
make his statement, the arbit►ators should ascertain
whether both parties be present. If they be not, the hear-
ing must be postponed. But if both parties be present, the
arbitrators will Inquire if they mutually consent to submit
the cause in dispute to their arbitration. Should both con-
sent, then the arbitrators will follow the directions given
in Rule No. I. Should they, however, not consent, the
arbitrators will, on no account, proceed any further with
the ease.

VII.--The parties having indifferently chosen and
named the arbitrators, and consented to abide by their
decision and award, the arbitrators will proceed to hear the
case in manner following :—The plaintiff should be called
on to state his case, and having done so, he may be exa-
mined by the arbitrators, and cross-examined by the
defendant. The witnesses for the plaintiff to be then
called, and respectively examined by the arbitrators and
cross-examined by the defendant. The case for the plaintiff
having closed, the defendant should then be called upon to make
his statement, and having been examined by the arbitrators,
and cross-examined by the plaintiff, his witnesses are to be
called, and a similar course pursued to that directed in the case
of the plaintiff's witnesses. The case on both sides having
cloned, the arbitrators will proceed to make their award, which
must in all cases be in writing, and be signed by the arbitrators
named by the disputing parties, and by none others, save the
Secretary, who must sign as witness. Whea so signet% the
award should be publicly read by the Chairman.
" Note.—ln all cases of arbitration, the wife or child of
either party may be examined; and a witness may be called a
second lime should the arbitrators think fit. It may be ad-
visable, for the purpose of eliciting truth, that the witnesses on
both sides sbc4l be sent out of the room until required for
examination.
g parties, or either of them, should be
" VIII.—The disptstin
allowed to have the aid of professional men if they choose. In
such ease the professional agent will state the case, and ex-
amine and cress-examine witnesses, instead of the party litigant,
as stated in Bute VII.
" IX.—Should the arbitrators find a difficulty in coming to
A decision in any case, a reasonable time may be taken for
ma.king the award ; but it is advisable that, in all cases where
it is practicable, the award be male immediately after the
hearing.
culated to disturb the CENRIZAL RULES.
" X. The arbitrators should sit in a room open to the public ;
and it is deemed advisable that all manifestation of approval or
of disapproval by the suitors or audience, be prohibited, as est.
" Xl. The Arbitrators w,91 cause the secretary to make an
entry in the minute book of eaoh case that comes before them.
Should there be no appearance to the notice of complaint, or
prbreedings.
should the case have been settled, he will enter it accordingly ;
and should the case he beard, he will enter the particulars
under their respective heads.
" original deed of submission and the award are
to be carefully preserved by the secretary, as they may be ne-
cessary for the future security of the respective parties from
further claim. It will be yis duty, however, to supply copies

' of the award, free of expense, to each of the parties, if applied
for. " Signed by order,
" JOHN GRAY,
" Chairman of the Arbitration Committee,
" Loyal National Repeal Association.
" A copy of these Rules should be posted in some conspie
cuous place in the room where the arbitrators sit."
Sergeant WARREN—Look at your notes, and see have you
a memorandum of the appointment of any arbitrators on the 27th
of September for the districts of Kingstown, Dundrnna, or
Blackrock?--I remember that Dr. Gray made a speech on that
occasion in reference to the appointment of arbitrators.
Sergeant WARREN—Have you a note of that speech?—Yes,
I have.
Sergeant WARREN—Read it.—The witness read from his
manuscripts a note of a speech delivered by Dr. Gray, on the
occasion in question. The substance of the speech was, that
he (Dr. Gray) as chairman of the Arbitration Committee, was
commissioned to inform the Association that the Committee
had under their consideration the form of a testimonial in
favour of such persons as they thought fit to recommend to the
office of arbitrators, and he then proceeded to read the docu
ment alluded to, a copy of which the witness produced.
Did any appointment of arbitrators take place that day ?
I have a memorandum on my notes to the effect that several
gentlemen were proposed as arbitrators and agreed to. I know
that Mr. Nugent, of Kingstown, was appointed, and returned
thanks, and Doctor Gray moved that the Chairman should be
recommended as an arbitrator for Dundrum, whereupon the
chairman returned thanks. I was present at the 111ullaghmast
meeting. I took a note of the proceedings of that meeting,
which I hold in my hand.
Sergeant WARREN said there were certain extracts from
that speech, as reported by the witness, which he wished to
have read out. He wished to know whether the Counsel for
the traversers had any objections to having certain extracts
read from the speech, or did they mean to insist, as they had a
right to do, that the entire speech should be read over again ?
It would be in the recollection of the Court that the speech
had already been read in its entirety by Mr. Hughes.
Mr. Frrzotasoat—lf your two witnesses agree, Sergeant
Warren, in their reports of this speech, I really eannot see the
use of having it read, or any part of it, over again. But if, on
the other hand, you want now to give a different account of the
speech from that which has already been deposed to, I cannot
see how you can do so, for surely you can have no right to pit
one of your witnesses against the other. So which horn of the
dilemma will you select ?—(Laughter. )
Sergeant WARREN—I don't want any horn of a dilemma.
I merely wish to have certain extracts read from the witness's
report of Mr. O'Connell's speech, and I ask you whether you
require to have the whole speech read, as you are entitled ?
Mr. FITZGIIIBON—We don't require anything. Take your
own course.
Mr. HENN—If the two extracts correspond in omnibus,
there is no necessity for reading the second, but if there be any
discrepancy, I think it very essential for us that the whole of
the witness's notes should be read.
Sergeant WARREN—I believe that the two reports do corre-
spond, for I trust to the reporters ; but lam unable to say
positively, for I have nut examined the reports.
Mr. HENN—We have no opportunity whatever of knowing
whether the reports correspond.
Judge CR.A MPTON— You have only to state that you wish the
whole speech read, Mr. Henn.
Mr. Sergeant WARREN—State from your notes what Mr.
O'Connell said at Mullaghmast ?—There was considerable
confusion at that meeting, which inconvenienced me, and pre-
vented my taking some of the first of Mr. O'Connell's observa-
tions. I had not an opportunity of taking his first words,
but he was speaking of Tara; I put down the word Tara
first, and then I ge on. The witness here read Mr.
O'Connell's speech, which agreed as nearly as possible with
Mr. Hughes's version of it, and very slightly differed from the
report as originally published in the Freeman. Whenever hr,
missed taking down a woe d, he said, " I lost the next word."
He read on until he came to the passage—" Peel has 500
colours in his flag, and not one of them permanent—to-day it is
Orange, to-morrow green—and next day it is neither one nor
the ether. One of the Scotch hi.torians, Allison, says that if
Wellington got well out of the battle of Waterloo, it was by
the British troops, and by their unconquerable. I have
lost the remaining words of that sentence. He then came to a
quotation from a song, which he introduced—
" At famed Waterloo
Old Wellington would look blue,
Only Paddy was there too."
And I have lon the rest.—( Great laughter.) He said further
about the Duke of Wellington, They had no place for him in
the Cabinet, nor no duty for him to perform, except that of a
sort of inspector of Anti-Repeal Wardens. I selected this
Rath for obvious reasons to hold this meeting, for it was the
spot on which English treachery, and Irish treachery too com-
mitted a massacre unequalled in the annals of history, except by
the murder of the Mamelukes."
When the witness was done reading the speech,
Sergeant WARREN asked him if he was at the dinner in
Mullaghmast was.
I suppose you took a note of Mr. O'Connell's speech at the
dinner ?—I did.
Can you recollect how many of the traversers were present
at Mullaglineast ?--There were present, Mr. O'Connell, Mr.
Ray, Mr. Steele, and Dr. Gray.
I Now, at the dinner who did you see ?—I saw Mr. O'Con-
nell, Mr. John O'Connell, Dr. Gray, Mr. Steele, Mr. Ray,
and Mr. Barrett.
t Did you take a note of Mr. O'Connell's speech upon the
latter occasion ?—Yes.
Read it.—l will. I have also notes of Mr. Barrett's speech
on the same occasion, but my notes of his speech are very in-
complete.
Mr. APDoszoralr—Your Lordships, perhaps, did not hear
what the witness said to Sergeant Warren. He stated that he
has a very incomplete note of Mr. Barrett's speech. Now, we
had from Mr. Hughes yesterday a very perfect note of that
speech ; and I take the liberty, on the part of Mr. Barrett, to
apply to the Court not to receive the incomplete note. I do
not think it fair.
Sergeant WARREN (to witne;s)—Have you a complete note
of any part of Mr. Barrett's speech ? If you have not I want
ask you a word about it. Witness (having looked over his
notes)—No, Sir.
Sergeant WARREN—I should be very sorry to ask you to
give any statement of it. You said you had a cemplete note
of O'Connell's speech at the dinner; will you read it ?—Tlae
witness went on to read the speech made by Mr. O'Connell,
which took place at the Mullaghmast dinner. He (Mr. O'Con-
nell) asked on that occasion was there any Repealer brought
before a bench charged with any crime? Was there any of
them brought before a magistrate for a breach of the peace?
No, not one. They (the Irish people) had made a moral de-
monstration which no country on the face of the earth was ca-
pable of producing save Ireland. They (the Irish) had met
is immense numbers without the slightest violation of the laws
of God or man, and yet that country and such a people were
enslaved. Mr. O'Connell then spoke something about the
cold water cure, but I did not catch it.—( Laughter.) Mr.
O'Connell continued, and said the only way to obtain the
Repeal of the Union was by the peaceful working of the
Irish people themselves. They would not commit a breach
of the peace. They would not commit a violation of the law.
Ile went on to read that portion of the speech relative to the
Duke of Wellington, in which it was stated that if a man hap-
pened to be born in a stable it did not make him a horse.
Witness continued reading Mr. O'Connell's speech for some
time longer, and the direct examination being ceneluded, Mr.
Henn, Q. C., commenced the cross-examination.
Mr. HENN—WiII you state what time you came to Ire-
land first ?—The first time I came was in July, 1E143. I was
never here before.
Mr. HENN—Were you much frightened at the idea of
coming over?—Yes, I was frightened a little.
Mr. Hess —I suppose you found the alarm false ? —Why, yes.
Mr. HENN—I suppose you were paid fairly for coming over ?
Yes, I got 3501.
Mr. HENN—Altogether do you mean? I got 501. for the
Donnybrook, and 350/. for attending all other meetings, and up
to the next session of Parliament.
Mr. HENN—You have found it a profitable speculation,
then ?—Yes, I have.
Mr. HENN—Have you ever made as much money in as short
a time before?—No, I have not ; I have sometimes done very
well, sometimes not.
Mr. He ss—Have you ever taken the benefit of the Insolvent
Act ?—I have once.
Mr. HENS—Only once I when was that? I was arrested on
the 25th of June, and my petition was heard on the 25th of
July, I think ; it was some time before I came over.
Mr. HENN—You have stated that the employment you have
undertaken was suggested to you by some person on behalf of
the Governmtnt—who was that person ?
Sergeant WA RREN—I object to his answering that question.
Mr. HENN—I have a right to test the accuracy of the witness
in this way.
SergeantWa a Rex—This principle was decided in Hardy's case,
and Lord Erskine distinctly laid it down that a witness em-
ployed by Government is not obliged to disclose the name of his
employer, and Lord Chief Justice Eyre also said that though in
general a witness may be asked such a question, yet the secrets
of the Government ought not to be laid open unless in an ex-
treme case. In Philips on Evidence, the doctrine was also
stated. Mr. Philips says that though under ordinary circum-
stances the credit of a witness may be tested in this way, yet
witnesses will not be permitted always to disclose the
names of their employers, and it was not proper to inquire
what officer under the Government had induced a witness
to come forward. He quoted this from the Ist volume of
Philips on Evidence. In another case Mr. Gibbs had asked a
witness under cross-examination—How came you to go ? By
whom were you sent ? The witness replied—lf it be a fair
question I will answer. Chief Justice Eyre said—lf you
choose to answer the question you may ; but I will not insist
upon it. The then Attorneys General said, Ido not think the
examination should be permitted to go on where the delicacy of
the witness is interfered with. Mr. Gibbs—l don't see
where the delicacy is. Lord Chief Justice Eyre—l do not
think it proper to press this witness to answer. The nature
of the connexion between the parties ought not to be dis-
closed here ; and Mr. Gibbs then added—l will not press the
question. In Monaghan's case there was also an objection. Mr.
Erskine's question went to test the credit of the witness ; but
Lord Chief Justice Eyre held it was a most important rule for
the public that the names of persons were not to be disclosed,
unless they were material to the case. He referred to pages
807 and 823. When Mr. Erskine wished to examine a wit-
ness as to information obtained from a particular quarter, and
asked if the information came from a man or woman, the
Chief Justice would not allow the disclosure to be made. The
rule was clearly laid down in Philips's Law of Evidence.
Mr. HENN, Q.C.—There is a manifest distinction between
the principle here, and that relied on by the Crown—between
questions arising out of cross-examination and from the direct.
This is a question arising from the direct examination, and' I
was rather surprised to kear it asked in a leading form, " Was
it not suggested to you on the part of the Government ?" and
the witness answered in the affirmative. I am now testing his
credit, and how can I test the accuracy of his answer unless al-
lowed to ask the question?
Chief Justice PE NNIFATHER—The Court are of opinion
the distinction taken by you Mr. Henn, makes no difference ;
the protection must be upheld.
Mr. HENN then proceeded with the crass-examination—You
had a communication with a person high in office ?—Yes.
Shortly before you came from England, were erti in connexion
with any newspaper ?—Yes, the Morning Chronicle.
How long in connexion with that paper ?—About a
year.
Does it support the present Government ?—No.
Were you in connexion with any other paper ?—Not at that
time.
Were you at any other time?—Yes ; the Times.
When did your connexion with the Times cease ?—ln 1836.
When with the Morning Chronicle?—.After the last session
of Parliament.
Since then, have you been engaged by any other paper?—
Yes ; by the Standard.
Then, when you came here in July were you not connected
with the Morning Chronicle v—Y es ; I wish to state the
reasons why I came.
Mr. HENN—You have already given 350 substantial ones for
coming.—( Laughter. )
Witness—lf I had not came as a newspaper reporter, I would
not come for anything.
Would you not come forward for 100,0:0/. ?—Ohl I might
__(Laughter) for 75,0001.
Why, would it be so hard to tempt you?—l was led to ap-
prebend some damage.
Well, now that you have come over, would you entertain the
same apprehension ?—Now that I have seen how thinks are
carried on, I would riot have the same apprehension.
Having been deputed by some one high in office, and while
in the employment of the Morning Clironic:e, you came to
Ireland ?—Yes.
Well, to whom did you apply on your arrival ? Yott came

here to report the proceedings at the meeting held at Donny-
brook—you could not report unlesi you had a place on the
platform to hear and see. Tel me to whom did you apply ?—I
do not know.

How did you get to the meeting ?—I went there with a
gentleman connected with the Dublin Evening Post; he
being well known did everything for me, and got me a place on
the platform.
You said when Mr. O'Connell arrived there was great con-
fusion ?—Yes.

That was created b persons coming on the p;atform ?
It was.

There was no breach of the peace—no alarm on your part?
—No.

Mr. HENN—You would not give 50,0001. to get away from
it—(Laughter)—was not all quiet and decorous?—lt was.
The report of what occurred at Donnybrook you transcribed
from the notes you took ?--Yes.
Have you that paper ?—Yes.
Now, having come over in a double capacity, did you furnish a
report to the Government and to the Morning Chronzcle ?—Yes.
To the CHIEF JUSTICE—I assisted in preparing a report
for the Morning Chronicle.
Mr. HEWN—Was that on the same day?—Yes, it was on
Monday.
Did you on that day copy the short-hand notes ou took to
furnish your report to the Chronicle? Oh, no ;I+ sent off by
post that night, and it was not snore than thirty liaes ; I only
wrote a portion of Mr. O'Connell's speech without referring to
my notes at all.

-When did you write out the report for Government ?—On the
next day.
Is it a full report ?---As full as possible, except in those por-
tions to which I have referred.
I understand you took a verbatim report of what you consi-
dered material?—Yes.
You cannot be always precisely verbal?—Oh, no ' • and the
change of a word might often make a very material difference
in the sense of a sentence.

But of those parts you did not consider material you did not
take a note ?—No.

You took what you eall topical notes of what took place ?
Yes.

But you do not pretend to say that you even gave the sub-
stance of what was said in those special notes?---I do not un-
derstand the latter part of your question. I took notes in such
a way as not to misrepresent the sense of the speaker upon those
points on which he spoke ; but I do not pretend to have given
the words, or anything like them.
Do you pretend to say you have given even the substance of
the observations made on the various topics 7-1 do not know
how far the expression " substance" extends.
Mr. HENN—Why substance is substance, and it is so plain a
word that it could not be made plainer.—(Laughter.) Did
you give the substance?—l gave the substance, or meaning of
the observations?

Of all the observations ?—Oh, no.
What then?—The discussions of these topics might have
occupied twenty sentences ; but those twenty sentences might
contain but one idea, and I only put down the idea.—( A laugh.)
What are the topical notes?—The substance of the observa-
tions made on the various topics alluded to.
Now, Mr. Ross, having escaped from the savages —(Loud
lauOiter)—and got hack to London, you got courage to come
back again ?—1 did not conic back again.
Why, you were only at Donnybrook first?—Oh, yes, I
came back.
Were you not under the same alarm then, as at first ?—Yes,
I was ; I had experience of only one meeting there ; but it
was not in the neighbourhood of Dublin that I was afraid ; I
entertained apprehensions at first.
Were you then in the employment of the Chronicle?—No.
Did you come as a reporter for Government?—No, I came
as a reporter for the Standard.
Not on the part of the Government ?—Yes, on the part of
the Government also.
Who recommended you to the Standard?—Myself.
Were you known before ?—Every person connected with the
press knew me in London.
You know Mr. Bond Hughes, then?—No, I have not the
pleasure of knowing Mr. Hughes.
He knows you ?—Only, by reputation.
Did you see him here ?—Yes.
Your reputation recommended you to the Standard ?—I did
not say it in that way, but 1 believe it was my reputation that
recommended me.
Having been thus recommended to the Standard, you came
here on the part of the Standard and the Government, and
with that intention you attended several meetings of the Asso-
ciation ?—I did.
Now, you will tell me how you got access to the Association.
Was it your reputation introduced you there ?—No, it was either
the gentleman who went with me to Donnybrook, or another
gentleman from the same establishment.
Did you tell him you were connected with the Standard ?
—Yes.

And with the Government?—No, I did not want to tell him
that I was connected with the Government.
You saw Air. Hughes ; did he knew you personally ?—Yes ;
he was, 1 am told, in my company about seven years ago at an
entertainment given to a gentleman.
Did you send reports to the Chronicle ?—I sent reports of
three public meetings to the Chronicle.
When you came here, did Sou come for the Standard and
Chronicle and the Government ? Yes.
Did you !end reports !o the Standard, Chronicle, and Go-
vernment ?—I did to the Standard and Chronicle, but not to
the Government. I wrote the report out here.
Did you not transmit reports to London ?—Yes, to the
Standard and Chronicle.
The Standard is a Government paper?—l never disclosed
the fact that I was kere on the part of the Government until
last night.
May be you stated that you had come here for the Chronicle
alone ?-0h ! is it I ? I never stated a falsehood :n my life,
and it i 3 too late now to begin. I did not state at all that I
came here on the part of the Government. There is one with
whom lam connected—l mean my wife—whose wishes and
feelings I always consult—(Much laughter among the ladies in
the gallery, and the persons in the body of the Court )—and
she was averse to my coming here as a Government reporter.
I had my own feelings, too, on the matter. An artist of re-
putation, who had been asked to exhibit, in Dublin, a picture
containing portraits of celebrated Englishmen, bad refused to
do so; and when a gentleman, such as he, entertained appre-
hensions on the matter, some allowance must be made fur my
having a reluctance to state why I came.
Well, then, I take it for granted that you would not under-
take the business for 50,000/. ? You did not communicate the
matter to the Morning Chronicle?—No.
Now, Mr. Ross, you attended at Loughrea, Clifden, and
Mullaghmast meetings, Did you send reports of the proceed-
ings at each to the Chronicle ?—I did not send the report of
the Mullagmast meeting to the Chronicle.
You are acquainted with the person who represented the
Chronicle t here ?—Yea.

Had you any communication with him at that meeting ?
Yes; he was close to me.
Oh ! then, you know Mr. Geary ?—Yes.
You are quite sure you did not send that meeting to the
Chronicle ?—Yes.

Did the Chronicle pay you for that meeting ?—The Chronicle
paid me only for what 1 sent.
Did you charge them an 3 thing for the Mullaghmast meeting?
—Yes, I did.—( linticai ions of sin prise in the Court. )
How much did you charge for sending them nothing ?-oh,
they got the Mullaghmast meeting.
Gear, then did the whole of the meeting, but you charged
for it, and got the money ?—No.
What !—Allow me to explain (witness, turning to the
bench, said)—l regret I must state those circumstances, but
I am compelled to explain. This gentleman, 111 r. Geary,
wanted come money to enable him to go to those meetings, in
order to send reports to London. I advanced him money on
several occasions for that purpose. On this occasion, being
run a little short, I wanted some money myself, and he could
get no supply of money from London, and he therefore pro-
posed that the Mullaghmast meeting should be sent over in my
name, as I should be sure to get paid for it.
Did you get the money from the Chronicle for that meeting ?
—I did, but 1 gave it to him.
Having attended at those monster meetings here, 'nay I ask
you whether you have ever, in the course 01 your duties in
England, attended at any of the great public meetings there ?
Not at many, but at some of them.
At any of the Anti-Corn-law League meetings?—No, I
never reported any of them.
Don't you think it very wrong that a reporter should be
called upon to give evidence?—No, certainly not. I think
a reporter should obey the law of the country ; and I
never heard that questioned until I heard it by some gentlontn
here. 'Tis preposterous.—( Laughter. )
You were not always merely a reporter?—No.
You were, I believe, an editor ?—I was.
Were you the editor of a newspaper called the Carlisle
Patriot ?—I was.

About what time?—ln the years 1837, 1838, and 1839.
What were the polities of that paper ?—Conservativo.
Are those your own politics?—They are.
Were they always so ?—Not always.
For the last ten years ?—The title has not existed for ten
years.

- But the principles might ?—True enotigh.
What were you before you became a Conservative?—Why,
if I might define it—
.

I only ask you to name it ?—Why, I might answer that
if I may define them—

In moderation placing all my glory,
The Tories call me Whig—the Whigs a Tory."
been complained of (said the witness) by some of my own
family, who are strong Liberals, for being a rank Tory ; and I
have been condemned by some of my 'I ory friends for being
too much of a Liberal.—( Great laughter.)
And perhaps, both were right ?—Perhaps so. I can only
arrive at a mean by the assertion of opposites.—(Laughter.)
lam glad you came over to Ireland to enlighten us ! When
you edited the Carlisle paper you had no objection to tell me
what denomination of politics you belonged to?—The title
existed at the time, designating a body of men who enter-
tained opinions in reference to public affairs, in which, gene-
rally I concurred with them. If you ask me what I was before
that, I should say, a moderate Whig before the Reform Bill
passed.

Never had a touch of the Radical about you ?—Never ; I
had the same feeling as all young men in favour of Liberal in-
stitutiom, and I trust I shall always entertain it.
Mr. HaNN—And I hope you may inspire the Government
with a similar feeling.
Witness—l don't think it at all necessary.
Were any of the members of the present Government con-
nected with that Carlisle paper ?--Not that I know of.
You don't know who the proprietors were while you were
editor?—No, not one of them (after a pause), except. from their
own statement.

Do yuu remember a prosecution of a person named Taylor at
Carlisle—Dr. Taylor—and giving evidence on that vecasion ?
—No, Ido not. _

You do not. Is that your answer ?—Why, if N gave any
evidence, or answered any questions, it must have keen about
some very unimportant matter, for I don't recollect it..
Very likely : I suppose it was a topical note you trJok of it as
you didn't consider it material?_l took no notes at all. It
was just an examination before magistrates.
I see your recollection is reviving. New, I again ask you
were you riot examined before the Magistrates don't re-
collect that I was.
Did not you protest, upon the high author;ty of a reporter,
that you should not be called upon to give evidenue ?—Witness
(apparently astonished), Oh, certainly no'c.
Are you sure of that?—Sure of it l I never did any such
thing in my life.
Did you take any active part at elections in England ?—No.
Not at all ?—isio.
Did you always confine yourself to the mere drudgery of re-
porting?—When?
During the course of your connexion with the press?—No. I
have occasionally written articles.
Did you ever write an election squib ?—N..it that I am
aware. If you will show an) thing of the kind I'll tell you im-
mediately.
DO )(Ai remember an election at Carlisle?--.Yes,
Do you remember a 31r. Wentworth standing as a candi-
date ?—No.
You do nol ?—I do not,
Air. HENN (handed up an election placard to w itness)—Do
you remember that placard?—No.
Do you remember the name of the candidate w hose name is
to it?—No, Ido not. I never saw or heard his name before.
Were you connected with the public press us 1841 —Yes;
I was connected with the London press.
And do you tell me that you, who were connected with a
London newspaper in 1841 oid not hear of a. contested elec-
tion in Carlisle at that period ?--I tell you agai ,n I. never heard
of the names Infige,

Was thc:re a contested election in Carlisle in 1841 ?—I reallY
do not remember, If there was an election, it made no im-
pression on my mind.
And you say ycu don't know who the candidate was ?—I
do not.

Do you remember any election in Carlisle ?—Yes, there was
an election in '39 or '4o—it was an election for the county.
Look to this placard, it is addressed to the working classes
of Carlisle ?--I have looked at it, but never saw it until now.
I may have seen it on the walls. Let me look at the date.
( Witness then looked at the date, and said he mistook the
date; he never saw• that placard before. )
Air. Henn handed him another placard, an address to the
working classes of Carlisle, and he said he never saw that
either.

Now, you edited the Carlisle Patriot in lB39?—Yes.
Look at this (handing him a printed document), have you
any recollection of that ?—I have not the slightest recoliection
of it.

Was it not published in the Patriot as a leading article ?—I
do not know. I have no recollection of it.
Can you say that that did not appear in your paper ?.--1
cannot say.
But it may have appeared ?—lt may, Sir ; I cannot say it
did not.
The article to which I call your attention says—" We pro-
test in the most ardent manner against the conduct of the
magistrates in compelling us to give evidence against the pri-
soners." Do you remember those words?—l do not.
Sergeant WARREN begged to interrupt Mr. Henn.
Mr. HENN—I think I am entitled now to ask him will
he swear that this was not inserted in the paper with his sanc-
tion ?

Sergeant WARREN—He has already stated that he has no re-
collection of having seen that document before, and, therefore,
you have no right to read one word of it.
Mr. Justice CRAMPTON—Certainly not.
Mr. HENN—Very well. lam entitled at all events to ask
him this. Will you swear you did not, when editor of the Pa-
triot, protest against reporters being examined ?—I said before
I did not.
I know you did, but answer me again 7—l did not make any
such protest—even in this sentence which I have used--
(Laughter)—l made no such protest.
Then you did use the sentence ?—You mistake me--1
did not.
Were you in the habit of reporting in the House of Com-
mons 7—Yes.
I suppose you often reported Mr. O'Connell's speeches 7-1
did—very often.
Did you ever state that you found considerably difficulty in
following Mr. O'Connell ?—Yes, I did.
And that is the fact ?—Yes ; almost all reporters find difS
culty in following Mr. O'Connell.
Now the Donnybrook meeting was perfectly quiet and
peaceable ?—lt was.
Was it not so at the Clifden meeting ?—lt was.
Was it not so at Loughrea 7—lt was.
\Vas it not so at Mullaghmast?—lt was.
And at Clifden you saw men coming on horses, with their
wives behind them ?—(Laughter. )—I
And numbers of the cavalry without any saddles or bridles 7--
(Laughter. )—Yes.
You were not frightened ?—No, I was not frightened at
any of the meetings ; I knew that near any of the traversers
I was sure to be safe, and I always kept near them.---
( Laughter.)
Was it so wet at the Clifden meeting as to interfere with
your reporting ?—No, we had an umbrella over us—still it syso
unpleasant.
Were you able to take notes fully ?—Pretty fully.
But only "pretty" fully ?—Yes.
Did you attend the meeting of the Repeal Association en the
4th of September ? Yes, I did.
There used to be a great number of persons besides the
traversers at the meeting of the Association—used there not?
—Yes, there used.
The room was very large in which the Association had to
meet ?—Yes, it was; I think it would, probably, held as maul
as this room.
Used large numbers to attend the meetings and the dinners
in the country ?—Yes, the dinners and meetings were very 1:02".
merously attended.
Answer me this question, Sir, if you please—Did you at all
of those meetings see any of the traversers do any act inconsis-
tent with the duty of a peaceable citizen ?—Do any act?
Was there any tendency to a breach of the peace at any one
of these meetings ?—No, there was not ; I attended the meeting
of the 4th September at the Corn Exchange.
Mr. HENN, after cross-examining the witness at great
length, in reference to his connexion with the Carlisle
Patriot, and the protest put forward in that paper, whilst he,
was editor, against the examination of reporters, proceedea,
to ask him several questions, on the subject of a speech 01
Mr. O'Connell, made at a meeting of the Association, dar-
ing the course of which he read a letter from Dundalk
respecting Ribbonism. 'The witness declared that he hsd
taken no note. He was cross-examined in reference to $
speech of Dr. Gray, delivered in the Association on the 27th'
and a speech of Mr. O'Connell, in moving the insertion $(11
the minutes of a letter from Mr. Naper, of Lougherew, 'Litt
a letter from Lord Londonderry. Mr. O'Connell on tits
occasion denounced in strong and emphatic langsll4.
,
the conduct of Mr. Conner, in attempting to give notice
of a motion for the non-payment of rent, and moved that his
name should be expunged from the list of members, which h2O-
- was carried unanimously.
Mr. HENN here closed his cross-examination.
By Judge PERRIN—Did not send the report of the DorinY'
brook meeting to any newspaper; it was very late at the time:
Cross-examined by Mr. H ATCHELL—Saw Mr. Ray at Mu„
i
laghmast, on the scaffold, and spoke to him there; came °l'
rect from London in August, by railway; took a strong into'
rest in the Cumberland election of 1837; knows Sir James
Graham.
111 r. HATCIIELL—Had you any communication with Sir
James Graham in June last?
The ATTORNEY-GENERAL objected, and the Court rule
that the question could not be put.
Mr. HATCHELL—You may go down.
The Court adjourned to ten o'clock (punctually) to-mor-
row morning.