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

ar) fag

LONDON, THURSDAY, FEBRUARY 8, 1844.

The Lords did not meet yesterday, and the Com-
mons sat only for three-quarters of an hour. The few
proceedings that took place will be found in the Par-
liamentary report.

The case fur the defence of -O'CoNNELL and his
fellow traversers has now closed, and the Solicitor-
General for Ireland has only to reply upon the evi-
dence in order to make the whole matter ripe for the
summing up of the Chief Justice. This week, will
therefore, in all probability, see the end of this most
important trial, so far as the Court of Queen's Bench
in Ireland is concerned. We have elsewhere com-
mented upon the speech of O'CONNELL—a speech
worthy the best days of the English or Irish bar,
combining all the oleaginous nature of SCARLETT, in
his best days, with the forcible eloquence of O'CoN-
NELL. And here let us pay a passing tribute to the
matchless talent displayed by the Counsel for the de-
fence. We doubt whether any bar could ever have
afforded such splendid specimens of genuine oratorical
power as the Irish bar has exhibited on this occasion.
SHEIL, MOORE, lIATCUELL, FITZGIBBON, WHITESIDE,
111‘DONOUGII, HENN, and O'CONNELL, will go down
to posterity, side by side, as having combined to
show the very perfection •of talent, and the happiest
instance of useful combination upon legal record.
Now comes the part for the Chief Justice and for
the jury. The real trial of the accused is gone by,
and the public mind is made up as to their guilt or
innocence. For never was guilt more foully charged,
more signally disproved, and more utterly discredited, The Paris papers are almost entirely filled with the
or innocence more clearly apparent, than on the pre-
• report of the debates in the British Parliament on the
sent occasion. The public has pronounced its fiat of
Qu7N Sir R. PEEL and Lord BROUGHAM, and in
's Speech. Most of them comment on the speeches
.
not guilty, and no man in the three kingdoms, who is by made
general regard the opinions expressed in both Houses as
o
free to exercise an honest opinion, will or can pro- of a friendly character towards France. The National
nounce any other verdict. of course forms an exception.
T The tact with which the Crown officials have con- The funeral of General BERTRAND took place last
ducted this trial—the judgment they have displayed— week at Chateauroux. The whole garrison was under
the discretion which they have exercised, in trans- arms. The pall was borne by the Prefect of the Indre
ferring the seat of repeal agitation from the Corn by Generals GaEHENEC and DE RIGNY, commandant of
Exchange to the Court of Queen's Bench—in publish- the department, and by the Mayor of Chateauroux.
ing to the entire empire in a legal form, speeches and i The funds slightly improved on Monday. The Three
proceedings which they denounce as illegal, and in i per Cents. closed at 81f. 90 c., and the Fives at
.allowing the arguments for, and in justification of, 124 f. 90c.

IRISH STATE TRIALS.

TWENTIETH DAY.

QUEEN'S BENCH.—DUBLIN, TUESDAY.
CLOSE OF THE TRAVERSERS' CASE.
The Counsel for the defence announced to the meet-
ing of the Court that they intended to examine only a
few witnesses, and they kept their word, for the case
for the traversers closed at the rising of the Court. The
reply of the Crown lawyers will probably occupy two
days. What time may be occupied by the Judges and
the jury it would be difficult to say; but it is generally
believed that the verdict will be returned by Tuesday at

latest.
Mr. MOORE, Q.C.. addressing the Court, said—The
Counsel for the traversers have availed themselves of the
indulgence so kindly afforded them last night, and they
do not think it would be right to go over the evidence
in this case which has been already proved. They have
come to the conclusion that the facts and circumstances
upon which the traversers, with very few exceptions,
rest their defence, already sufficiently appear before the
Court and the jury. They have been under the necessity
of bringing a very considerable number of witnesses up
to Dublin, who are now in town, who would be able to
prove a considerable number of facts which the counsel
for the traversers think are already sufficiently in
evidence ; they have, therefore, come to the conclusion
that they would not be warranted in unnecessarily taking
up the time of the Court to prove that which they con-
sider already sufficiently established, and, therefore, I
am happy to announce, that, with afe exceptions, the
facts are already sufficiently established, and we do not
mean to waste the public time in the remaining evidence
to be adduced.
Mr. William Conway, the proprietor of the Evening
Post, was examined by Mr. HATCHELL, and stated that
in 1810 he was editor of the Freeman's Journal, and in
that year he acted as secretary to a meeting held at
the Exchange, in order to petition for a repeal of the
union. Sir James Riddle, the High Sheriff, was
in the chair ; the father of the Recorder was
also present, and a number of respectable citizens. (The
witness here proved the general accuracy of a speech
made on that occasion by Mr O'Connell.) In 1800 the
Evening Post was the property of Mr. Magee. There
was in it a report of a meeting, held in that year, to
express hostility to the union, and'Mr. O'Connell ex-
pressed his sentiments on the subject ; the name of wit-
ness was to an address to Mr. Grattan and Mr. Shaw, the
representatives of the city, presented them in the year
1810, and expressive of hostility to the union ; witness
also read the answers of those two gentlemen, which Mr.
Sheil had stated in his speech ; witness was a member
of the Catholic Association.
The ATTORNEY-GENERAL said he did not mean to
offer any captious objection, but to give evidence as to
the acts of the Catholic Association was clearly irre-
levant.

Mr. HATCHELL observed that the object was to show
that the proceeding at the Catholic Association was to
circulate papers in the same way as the Repeal body did.
The CHIEF JusricE considered that the objection
came too late, as such a class of evidence had been al-
ready admitted.
The ATTORNEY-GENERAL said that this was a diffe-
rent species of evidence from what had been already
given, as it had nothing to say to the question of the re-
peal of the union.
The COURT considered the evidence was irrelevant.
Cross-examined by Sergeant WARREN—Have you any
connexion with the Freeman's Journal?—No.
It has passed into other hands ?—Yes.
You are now proprietor of the Dublin Evening Post?
—Yes.
Mr. James Perry was called, to prove the rules of the
Society of Friends, in reference to arbitration; but
The ATTORNEY-GENERAL contended that the evidence
was clearly inadmissible.
Mr. WHITESIDE insisted that the evidence might be
received, as showing what was the intent of the tra-
versers ; the effect of it might be quite another thing.
It surely was more pertinent to the issue than the speech
of Sir Robert Peel, in the House of Commons, stated by
the Attorney-General.
Mr. APDONOUGH followed on the same side, and
Mr. Sergeant WARREN replied, observing, that if the
rules of the arbitrators were legal in themselves, they
need not be supported by the rules of any other body ;
and if illegal, they would not be less so because any of
them might be taken from the regulations of any other
society.
The CHIEF JUSTICE said that he considered the evi-
dence was admissable. The indictment charged the
traversers with conspiring to bring into disrepute the
courts of justice, and intent was the very essence of the
charge. Was it not, then, material to show that a most
respectable and peaceable body of persons had adopted
the same system of arbitration as that recommended by
the traversers ?
Judge CRAMPTON dissented from the rest of the
Court. How could they judge of the intent of one man
by the acts of another? And if the rules of the Quakers
were to be admitted, how could the Court reject the
rules of any other political body, not only in this
country and in England, but across the Atlantic, in
America ?
Judge BURTON concurred in opinion with the Chief
Justice.
Judge PERRIN concurred in opinion with the majority
of the Bench. It was most material for the traversers
to show that the Society of Friends had entered into
rules which had the effect of withdrawing cases from
the courts of justice. The intent was still a question
for the jury.
Mr. Perry was then examined, and read a rule of the
Quakers, in 1696, recommending their members to have
their cases referred to arbitrators ; and in 1697 they
recommended that any member should be expelled who
did not obey the award of the Friends. Those rules
were uniformly acted upon. Witness had a case left to
the arbitration of the Galley Club, and Mr. Brewster
pleaded. before it.—(Laughter.)
Mr. William Corgrave, a solicitor, deposed that he
was Secretary to the Angel Galley Club since 1810 ;
when an arbitation was entered iuto the parties signed a
printed deed of submission ; the members consisted of
40, and the mercantile body it was which generally sub-
mitted their disputes to those gentlemen ; the parties
lodged from three to four guineas each for the expenses
of the arbitration.

Cross-examined by Mr. BENNErr.—It was open for
any one who had a dispute to go before the gentlemen ;
there were no court days held.
Mr. Charles Vernon, registrar of newspapers, was
examined, to prove several speeches of Mr. O'Connell
and others in 1841, which, the traversers were of
opinion, mitigated the strong language used in other
addresses..
The ATTORNEY-GENERAL objected to the reading of
the Register, which was a daily paper, and not circulated
by the Association. It was not a paper belonging to any
the traversers, and upon what ground could it be ad-

mitted?
Judge ClumrroN said that the paperwas not evidence,
unless they had a reporter who would actually prove
that the speech sought to be read had been delivered
by him.

Mr. Fivz.cinnorr then proposed to read a speech de-
livered in 1141 by Mr. O'Connell, reported in the Free-
man's J 011,71 cd.
The SOLDCITOR-GENERAL objected. It was not com-
petent to being forward statements in a paper to make
evidence far a man. Why not produce the reporter
who took ()town the speech, or at least account for his
absence ?

Mr. Frrzuannort urged that, as the Freeman's Journal
was the property of one of the traversers, he was entitled
to show whit had been reported of the proceedings of the
Association..
The Coup T admitted the evidence as applicable to the
case of Dr. Gray only.
A variety of extracts from the Freeman's Journal and
Pilot were read.
Wm. AL nen examined by Mr. HercirELL.—l reside
at Tullamore, and follow the business of a coachmaker.
I can perfe qtly remember the meeting held at Tullamore
on the 16th .4 July last, and know where Mr. Dean's
house is in tb at town. On the morning of the meeting,
at ten o'clocl. I saw an arch across the street ; there ,
was a motta, on the arch, " Ireland and her Parliament,
or the world in a blaze." I assisted in taking down this
motto. I l'abow Mr. Steele, but he did not speak to me
at the monaen t the arch was taken down. Mr. Steele
ordered it to 'be taken down, and said he did so at the
instance of M r. O'Connell, who was very much displeased
at its having 'been put up at all.
Cross-ex'am heard there was a Committee to
get up the int .eting ; Mr. Dean, from whose house the
arch was sus pended, was a painter. The arch was
erected in tht front of the chapel. There was a large
attendance at ; the chapel that day. Mr. Dean is in
town, and can te up with me.
Sir COLDIA : O'LOUGHLIN gave in evidence the resolu-
tions adopted at several meetings to petition Parliament
for a repeal a! f the union.
After the e: vtmination of Mr. Vernon, the traversers'
Counsel appli, ed to allow the Rev. Mr. Power to be exa-
mined the n'.3l .t day. He was unwell, and had not yet
arrived in tome n.
The person who served the subpoena stated he only
went down •)n Saturday to effect service.
Their Lo ED SHIPS were of opinion that the trial could
not be delayed because service had been effected so
lately on Mr. Power.
Mr. FITZG,III no said, that what he would have been
examined to was the letter on " the duty of a soldier,"
which Mr. Bower was ready to avow.
Mr. Moom,, Q.C., having consulted with the other
Counsel, said -that the evidence for the traversers had
closed.