The Sun.
London, England, 1844-02-08 00:00:00

IRISH STATE TRIALS

TWENTIETH DAY.

QUEEN'S BENCH.-DUBLIN, TUESDAY.

•
THE QUEEN V. DANIEL 0, CONNELL AND OTHERS.
• CLOSE OF THE TRAVERSERS' CASE.
The Court sat at the usual hour.
Mr. MooaE, Q.C., rose and said—My Lords, the coun-
sel for the traversers, availing themselves of the indul-
Fence granted by your Lordships yesterday evening,
nave endeavoured, to the utmost of their power, to go
over the evidence in this case ; and. they have come to
the conclusion that, with few exceptions, the evidence
IlPon which they mean to rest the defence has already
appeared before the Court. They felt themselves under
the necessity to bring a very considerable number of
'witnesses to town. Thom witnesses are still in town,
;Ind would prove several material facts : but, as the
leading facts upon which they rely have already ap-
Peered, they do not think that they would be justified in
nc'etlPYing the time of the Court with the examination of
biselese witnesses ; and in ail human probability the time
''eich will be taken up with the witnesses they intend
tiroduce will be very trifling: -
Vrederick Wm. Conway, was then sworn and ex-
amined by Mr. HATCHELL, Q.C.—I reside on Raith-
litines-road, and lived in the city of Dublin in the year
'ol°. At that time I was editor of the Freeman's
I-1"W, and attended some public meetings. 1 recol-
.eet .
nearing attended in that year a meeting for the dis-
Zssion of the repeal of the union at the Royal Ex
arrange. I knew Mr. O'Connell personally at that time.
tin, saw him at the meeting. Sir James Riddell, at that
-`e High Sheriff, was in the chair. The object of the
„,111pee,tin g was to petition Parliament fer repeal.—[A file
re: the Freeman's Journal, with the paper containing the
Fipetnertssel the meeting, was produced and identified by
—I was Secretary to the meeting. Among the
ling persons at the meeting were Mr. Shaw, since Sir
ert Shaw, the second chairman, and Colonel Talbot,
ry Lord Talbot de Malahide. I forget the others. The
, ePort of Mr. O'Connell's speech at the meeting appeared
ice in the Freeman's Journal. The first report was
tirrect as to the topics, but the second was better writ-
pll. At this time there was not so good a corps of re-
esters in Dublin as tl-ere is now.—(The witness here
arl the report of Mr. O'Connell's speech, which has
sPeeeh
ady) been published in our report of Mr. Shell's
....sr ere you connected with the Dublin Evening Post?
es,
op htu you take the file of the Dublin Freeman's Journal
re year 1800 ?—I have it.
loßch rok at the Report of the Union Catholic meeting
was held in Dublin on the 14th of January, 1800.
--kes_i I see it here.
Su, COLMAN O'Loutimasi then read a report of a meet-
14g held on that day, at which Mr. O'Connell made the
eeh against the union referred to by Mr. Sheil in his
dress to the jury.
J7r- HaTeriELL—l'll only trouble you, Mr. Conway,
I,!ek at one paper more. Look at the Freeman's
"ul Of the sth of October, 1810—do you find your
bftille attached to a petition inserted in it ?—I find my
to to an address.
kb Yeti find the answers to that address given by Sir
trt Shaw and Mr. Henry Grattan ?—I do.
thlreoLstax O'LoucHersz then read the address against
union presented in that year to Sir Robert Shaw and
sit; 41,,enry Grattan, the then representatives for the
bet °I Dublin, n ith the answers of those gen4lemen, also
Lerred to by' Mr. Sheil in his address to the jury. The
te;'lreed Counsel also read the requisition calling the
kting, dated the 17th of September, 1810.
seneXaMination resumed—Do you remember the exist-
let,Of the Catholic Association previous to the year
do.
1, ere you a member of that association ?
it t
e ATTORNEY-GENERAL objected to this question.
tt • not see what reference it had to the question then
issue.
is!s
oy tt: .IATCHELL said, that what he proposed to show
Po,'" evidence was simply this—the Dublin Evening
, C(4l and other newspapers were circulated by the
to
Association in the same manner as the Repeal
to 7ciation acted in the roresent instance, and he wished
te evidence of that fact.
At e CUIEF JUSTICE—You cannot object to that, Mr.
lle
(.oTae ATTORNEY-GENERAL said, that the reading of,
e,
tosk bctocuments already submitted to the Court and jury
"P it great deal of time, but he did not wish to offer
hitteaptious objection. He could not, however, see
110 the acts of the Roman Catholic Association had to
tioi/Ivith the case, and he therefore objected to the clues-
tol3,llt by Mr. Hatchell.
fu i
• JusTicE—. If the objection were made upon the te
At
ntr •ve Oduction of the evidence already given, it might
as (eon held good ; but having passed it by in silence,
told°light the question then asked by Mr. Hatchell
'c't be objected to, as it was of a piece with the rest.
Do ATTORNEY-GENtRAL replied that the Crown had
knwell iall to exclude the repeal
andspeeches made by Mr.
in the years 1800 lBlO, because they had
etttfrepe:siztettiornefwerence to the repeal question ; but it was a
4450,4•4 t thing when a meeting of the Roman Catholic
as referred to. They did not, he would
Illitert' wish to make any objections of a captious
took e ; but if an inquiry were gone into as to what
;oreliP„,lace at the Roman Catholic Association, they
'eetl would do so, because it was following a per-
Asst.:efferent course from any yet adopted. It ap-
akin to them that it was occupying the public time
krunnecessarily.
AUrsueieUATenELL said he would not press it. He merely
sieciidthat course, because his Learned Friend Mr. Sheil
erect 11 wMs statement to the jury that evidence to that
ould be given.
!ter:, Solacrroß-GENERAL observed that they never
!avid;"l3' objection to what Mr. O'Connell or any m-
ithas s.aid with reference to the repeal question, but
Judge t irf foe
xr e_n t. When other topics were introduced.
t° be giy alleged that what is proposed
losiong? en in evidence now bears on the question of the
Judge A,TcnELL---No, my Lord.
bli-nARPTort—It is quite outside the issues.
Isird;
said ATenne—Mr. Sheil, in his statement, my
el,i that Mr. Conway and Mr. Staunton would
let T. lied to show that newspapers were circulated
~k-;eatholic Association, and that is the reason I of-
'to evidence which was objected to.
ntt
jr. S
ownaergeant WARREN—Was editor of the Free-
in
t Pan lBlO. Ceased to be connected with
beiti post 1812. Is now the proprietor of the Dublin
Nte• ' Atones
Derr-
k ,
examined by Mr. WHITESIDE,
g
kly ,111,11 a memb yer of the Society of Friendsthat , com-
th ese!"d Quakers. I have the rules of body
kvilN
E.% re feyitness being desired to read that part of the
et'.lllo
in
to arbitration,
iii' IT.onNEy-GENERAL objected to their being re-
elidence.
ttLI, otirs• Whiteside and M'Donough replied to the ob-
Zile4ti? were followed by Mr. Sergeant Warren on
teho object Crown.
‘hti4uption was overruled, the Lord Chief Justice,
Cast itee.„.Thirton, and Mr. Justice Perrin being
I,4alivetir-.; -air. Justice Crampton giving his opinion in
e lamination4rle )1 of Mr. Perry was then proceeded
stated that he was a member of the Society
o3' "d Procured the rules of that body in re-
fso„,- Proceedings by arbitration. He read ex-
thil'ts 16i; minutes of meetings held at London in the
terin tas" and 1697, wherein it was recommended,
4!, they
„e,! of differences between any of the mem-
seseee ?uould be settled between themselves, or by
t\v"rwto,,lo arbitrators, and not by law. In case they
the refused to comply with the terms of the
Iterleettio Party recusant should be admonished by
fart! t° which he might belong ; and if there
h:ltt him refusaj, then the meeting would testify
ts,brelesiT and he should be expelled the Society.
tkOlthrc, e had read were subsequently adopted by
tsCrted ts'n in Ireland, and all members were strictly
tte'h soetio ° adhere to the principles of truth in all their
io3Werc,4B. As far as the witness knew the regula-
to.:,ef 40-„till.iformly acted on ; but he had no recollec-
plieals
tta' instance in which it was necessary to ed-
it zeal Gwsl/leinber. Henot himself one of the
toot a 3 so`r`'eyl Club, but waswas aware of its existence.
,Ne,,„-eteisj e purpose of having differences among
qii-vceio men adjusted arbitration. He recollected
44's ill when Mrßrewster appeared before arbi-
-1,4r. cos lnatter submitted to their award.
ttd next •Secretary to the Ouzel Galley Society,
tlq *ere x"liried. He stated that the rules of the
o ttist e ,etti that the members should sit as arbitrators
PreNeirild eat of any matter in dispute to them re-
tt„, e ed all the arbitrators chosen were members
14,'"i'r'eatik),1"tY• Parties are not to make any personal
d'eaPn • ° members of the Galley, either respecting
eit_. t
Acien as arbitrators, or of the subject in
eto
s 9 with sOsle k ter the arbitrators are chosen, the registrar
gthunaillted with their names, and he commun. i-
siae d se Person
deed s. It is necessary for the parties
rule °' submission, which could afterwards be
llskeed b of court
, the . • A sum of four guineas each was
sot etici an Parties to pay the expenses of the refer-
issAeeiety surPlus was paid to a charitable society.
kiost'seet the ally consisted of about forty members ;
leorea° I?ninber may be a little less. Disputes
shq Fos men are of the kind generally sub-
aneuir
u The arbitrators have power
Gnitipire, if necessary. At present Messrs.
14%13% takeseYa nness, Chambers, Wilson, Colville,_
and several others, are members. .
h•y"eed L• 0 'nett by Mr. BENNETT, Q.C.—The Society
ti 41,ttitaju:t r.
;the purpose of havine• differences ami-
se .
geoq.othose who wish to have their disputes
tt(ellai4rthe dis,;wthe members and ask for an arbitra-
ofeitsm,eial incvn L.es so. settled are principally those of
1.41',41)41's 04011131 it is open to any stranger ; the
of "i°ll Etlithog* a regular form part of the deed
thel:l:;7B;rurit'tralto—Lrisaers that the award shall be made
.a
t, the 'viten a matter is referred to the arbi-
wo ..time a
convenient day for both parties.
/Ai neydo n e selected from the forty mem-
tu hold ce't make any announcement of their
~4ew fieeta., u ourts on particular days ,• they only
neChrn to or
adteed,so by the particular parties.
' was old one . s
not naPee°
buyttnysoAfc'af
of
sf
rathrleiamwietnnets.s
es
Iv 0 4 the 14th P
I'liP4Der of ""' tact. rod h uced t e Morning Register
t,tii
14:41h:it
tt:r Jeoloi rth.,,;GiirrEßp Tel
4rkverrlsli its eontenvvt:PZiteldrsn Morning Register
circulated by the A so-
ost said the p made evidence for
ts,,, b ers.
1)0 'l"rzosuu
übles. hed speeches of Mr.
vo w
la 4
ob. ere clearl
kiected to. Y put in issue, and had not been
11,ettIil.shY F:.4llzlssr NERAL said that the papers eircu-
. ussion hetvveen
l!on were the weekly and three-day
reirdand2,',Ukt.nOt appear that any daily jour-
lthdt ka disc the body to any of its b
Counsel, the paperrs was
mem e.

Mr. Vernon was then called upon to read the Free-
man's Journal of the 27th of September, 1841, contain-
ing a speech 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, traversers. Ile 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 CaemrroN—There is a preliminary ob-
jection which you pass by. How do you provo this to
be the act of the party ?
Mr. SIIEIL—In Horne Took's case a book that was
written twelve years previously was allowed to be given
in evidence. •
Mr. Sergeant WARREN said he had a case in point,
namely, Walls and Frazer.
Mr. M‘DoNotrou said the case cited by Mr. Sergeant
Warren did not 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 I) eeman's Journal of the sth of the
same month.

Examination resumed—l have not the declaration oi

Dr. Gray here as proprietor of the Weekly Freeman's
Journal.—[The witness then read a report or 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‘DorrouGH 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'LourcumN 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 and 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
business 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-
liament, 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 COLMAN O'LotromiN then read the resolutions and
petitions to Parliament, which were passed and adopted
at the meetings at Mullingar, Drogheda, Longford, Tul-
lamore, Loughrea, and Tara.
Mr. VERNON was again called on the table, and pro-
duced the Freeman's Journalof the 27th of October and
sth of April, from which he read speeches made by Mr.
O'Connell at the Repeal Association, wherein he
in strong terms the conduct of the people of Canada, in
their attempted revolt against the Government. The
witness 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, 184.2, 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 we are anxious on no account to take up the time of
the Court, unless with what might be absolutely neces-
sary to 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 JuancE—The Court does not think that you
have taken up any of its time unnecessarily, Mr. Fitz-

gibbon.
Mr. FiTzonmoN—What we want, my Lord, is, that
the Crown should either consent to give up any obser-
vations upon the fact of Mr. l'ower'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. 1-LvrenELL—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
exonerated from any charge founded on it.
SOLICITOR-GENERAL—We donot intend to make any
observation on the non-production of Mr. Power, if he do
not appear.
Mr. nooTT—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. MobisnAN, Q.C.—He was in Mr. Mahony's employ-
ment as clerk, and served a copy of a subpoena 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 great deal of conversation, the
physician said he might go to Dublin, but it should be
by easy stages, lest his life should be endangered. The
Rev. Mr. Power lived at Kilrosenty, in the county of
Wateford, and told him that he could not come before
in consequence of his health.
The witness was cross-examined by Mr. Freeman, Q.C.,
but nothing material was elicited.
Mr. HATCUELL said that every exertion had been used
to procure his attendance, and it would, he conceived, be
no disadvantage if the Solicitor-General proceeded with
his statement, and they could examine Mr. Power, on his
arrival.

The SOLICITOR-GENERAL said he would make no sti-
pulation whatever; they were bound to satisfy the Court
that proper diligence had been used.
Mr. FITZGIBBON said that it seemed to him there was
no difficulty in the Solicitor-General postponing his ob-
servations on that part of the case until the Rev. Mr.
Power was examined.

The SOLICITOR-GENERAL said he would not say one
word on his not being produced; but they certainly should
close their case before he addressed the jury.
The CHIEF JUSTICE thought the Solicitor-General
ought not to be called on to begin his statement until
they had closed their case. The Court could not im-
pose any course of proceeding on him which he did not
think right.
Mr. MoonE—We will not press it, my Lords.
CHIEF JUSTICE—I think you had better not.
Mr. MooßE—My Lords, we now close.
The Court then adjourned till to-morrow, when the
Solicitor-General will commence his address to the jury.

WESTMINSTER ABBEY AND ST. PAUL'S CATRE-
DRAL.-Mr. Hume has the following notice of motion on the
Order Book of the House of Commons for the present session,
respecting Westminster Abbey and St. Paul's :—" To-move
for the re-appointment of the Select Committee appointed.to
inquire into the present state of the national monuments and
works of art in Westminster Abbey, in St. Paul's Cathedral,
and in other public edifices, to consider the best means for
their protection, and for affording facilities to the public for
their inspection, as a means of moral and intellectual improve-
ment for the people."
_ .

INDIA AND CHINA

GOVERNMENT APPOINTMENTS.

HI3 Excellency the Governor and Commander-in-
Chief of Hong-Kong, &c., is pleased to make the follow-
ing appointments :
Major Eldred Pottinger, C. 8., of the Bombay Artil-
lery, to be an Extra Aid-de-Camp on his Excellency's
personal Staff from the Ist of September, 1843.
Alexander Anderson. Esq., to be Colonial Surgeon of
Hong-Kong. from the Ist of October, 1843.
Doctor Winchester will continue to act as Assistant
to the Colonial Surgeon until further orders.

These appointmeitts are subject to the approbation
and confirmation of her Majesty's Government.
By order, RICHARD WOOSNAM.
Macao, Oct. 2, 1843.