The Sun.
London, England, 1844-01-31 00:00:00

- -
".Whether he was a member of the Association, or who paid ;
/or them? Yet the Attorney-General calls on yon to assume,
1.6 infer, and presume, that he was 2. member of the Associa-
lien• lithe object of the Croon 'was to arrive at the truth,
-1t was their bounden duty to produce this seditious vender of
iafamous
publications. Do ye,-u think that Mr. Kemmis, the
respectable Solicitor for the Crown, than whom no man dis-
eat, his duty more faithfully and more respectably,
tas, not instructed as to who he was and what he was?
tlYi I again repeat, was not this vender of sedition pro-
Ile,1? He could have told us whether he was
11. Member of the Association, or from what old
story he drew his account. But my learned, acute,
clever fri vAtis, perfectly understood their business.
I;veiY one knows that even at the assizes such songs and
gu"eatio'.is were sold by wretched paupers at the corners of
e streets. He knew that the Attorney-General would not
sugmp,trd an course that should have the effect of
fakir-iv traversers fall into a trap, or one by which they
could be compelled to call a witness, of whom the traversers
knew nothing, and of whom the Crown might possibly know
tI
tteh• Such an imputation was utterly unworthy of them, and
t sboeld only be brought to think, so if he should hear the At-
torney,General say, in his reply, that the traversers ought to
gall as their witness this vends...• of sedition. Mr. Moore had
':),aserved to them on the principles on which a British jury
should decide. We can all'understand that an indictment for
v...e,htpiracy might be julftifiable, or the only proceeding by
"'eh individuals could be punished in certain cases. In
Zeeeeding against p'..vate individuals for doing a private
Tr,."g, it might be n'ecessary t iinclict persons for a conspiracy.
• "° persons might. conspire to rob a man of his property, and
15 inch a ease the concert of their acts might be taken as the
°elY evidence of their conspiracy. Men might be charged
h offences of ,'Another character, and an indictment for con-
-B,ll'l`they might 'Acre too be the only remedy. But the law of
„ Constitu..san looked with jealousy on the doctrine of con-
;piracy boil',; ',sorted to as a political instrument in a State pro-
bneeu,tim ; and I again repeat that it becomes scouted ore ob.
toceeding—one to be discarded and from a
ilru,e
rt of justice, when an indictment is founded on three hun-
s°,parate acts ; the Learned Gentlemen then cited the case
~,
'lanry Hunt before referred to. It was an indictment
-6;aznst Hunt and nine others, on several counts, for a con-
raett to disturb the peace and tranquillity of the country, and
11;„e!..eite discontent, disaffection, and hatred of the law among
alajeety's subjects.
unit CntEr JUSTICE—Where is the case cited from?
$ .H.vrenem.—From Barnewall and Alderson 536. The
earth count of that indictment was for their attending an
4 4.llaWful assembly. It is stated, that bodies of persons at-
`widing the meeting at Manchester appeared in military
tray, with the step and movement of a military march.
111 might, perhaps, account for the anxiety of some
hethe witnesses to prove the military character of
processions to some of these meetings ; it was
-4 "ler to bring them within the principle of this count
trial
Mr. Hunt and his companions. The result of this
nrial was, that five were convicted and five were acquitted,
"I„hugh the object of the Crown was to get them
4" convicted of the conspiracy. How did they es-
caPe the meshes of the net? Because the jury
i
'elc• it for granted that • the conduct of the five
ejnvic'ed men ought to be visited on themselves alone; and
,tieY were not satisfied that any preconceived plan of conspi-
iacY was proved out of subsequent transactions ; and these
Illegal
were convicted, not for conspiracy, but for assembling an
~Legal assembly. The jury repudiated, as dangerous to the
Constitution, this indicting for con piracy. Then why was
there not a count in this indictment against the traversers
?r, attendim; an illegal meeting? Gentlemen, the ease is
tither }leek or nothing" for the Crown; it wants a convic-
„ion for a. conspiracy, and therefore it would not insert a count
sit?r attending an unlawful assembly; it thought that if yon had
4e alternative you would Only find those guilty under that
"int who did attend such meetings, and acquit them
":4 the charge of *conspiring. There is another case which
hogs tile same spirit in a British jury. It was that of the
Vern v. Drinkwater, and others, reported in Carrington and
Rayne. This, too, was a conspiracy to disturb the peace, and
create discontent and disaffection; the jury rejected the counts
°f a conspiracy ; yet, at the- meetings in this case, the people
~were told, " if any individual'should dare to interfere with you,
break his head." How different was the conduct at all the
eeting, held hordee traversers. A Mr. Vincent made tue of
for h•
im to put any construction upon these words. They
dtobe a favourite quotation, and were mentoned anothery Mr.
st as having been used. In another speech, on occa-
Zw, Mr. Vincent also said, " One heart and one blow, death to
e privileged orders, and up with the Government which the
topple have established." This was the language then
;fore the jury, yet they were not of opinion that the acts
„1 the accused were to he attributed to
oute
ree'hn or conspiracy but arose at the moment of the pro-
,,,edinms of the Meeting. They believed that the meeting
17,,as ; they acquitted them of the conspiracy, and
f4hd them guilty of only attending the unlawful assembly.
come back to Mr. Ray, and on his part I state
sod call on you to go with me, that there is ne act of con-
;racy to be attributed to him in any part of this charge.
thi' object was a legitimate object and, independentl of
it, Mr. Ray attended the' meetings at the Corn Exchange
th, secretary of th Associ ; an I call on you, as
060urable men, to sate whether yation
ou cand reconcile it to your
i‘:)nseience., or say on your oaths, whether in what he said, or
the character in which he appeared,there was anything of the
,i'ttsrlinal intention ascribed to him in the indictment. e wuld
ut have discharged the duty he owed to himself H
and too
his
country—he would not have asserted the principles he avowed
• entertained, nor have fulfilled his duty as the servant of the
isi_o.ciation, had he acted otherwise. All this must, therefore,
taken into consideration in finding your verdict, and that
I trust, will be one of acquittal for nay client.
Tit the Court was about to adjourn for a few moments for re-
estrhent, when
, 111 r• FrrzcitinoN rose, and in a faint and scarcely audible
that
applied, as we understood, for the indulg,,ence of the Court
thato-morrow, on the ground of indisposition. lie also said,
ere
in a use of such magnitude, though he knew the jury
e anxious to attend, yet if they were called on in such
Snickln the
succession to hear the views of so many persons
" the same day, it might not be contributive to the ends
of
rpc,
stic..
Dl he enter JUSTICE said h felt great unwillingness to press
labouring
.Fitzgibbon to go on ; he had observed that hc had been
under a severe cold during a greater part of this
The Court all felt that no undue time had been taken
uP by the several gentlemen who had addressed the Court and
the Jury, neither of whom could complain of the conduct of
counsel. This was an additional reason why Mr. Fitzgibbon's
request to begin his address to-morrow, instead of to-day, should
be conceded. The Court would, therefore, adjourn till
to-morrow.

want for leaders.—( Hear, hear.) He was proud to say, the
utmost tranquillity existed in the country. and should he be
sent to prison, his chief consolation would be, that they
continued quiet, and that the reward of their peaceful con-
duct would be a repeal of the union.—( Hear, hear.) He was
proud the resolutions were proposed by Mr. O'Brien, parti-
cularly at a time wh.n his valued friend, Mr. Maher, was
a, candidate for' Tipperary, where he would be returned in
spite of every opposition. He (Mr O'Connell) did not
know exactly what legal mode would be necessary for him to
adopt after the trials; but he would require of the people of
Ireland, whatever that should be, to give it their perfect ac-
quiescence.—(Cheers.) Although they would obey the law as
laid down by the judges, yet they would never consent to the
union ; and should it be said that the Attorney-General's pro-
secutions would frighten the Irish people ?—(Cheers. ) One
thing gave him much pain, and that was the diminished
amount of the repeal rent. He had received several commu-
nications, saying that remittances would be made after the pro.
secutions were over, and he could not help expressing his en-
tire disapproval of such a plan. Whatever they sent would
of course be placed to their credit, and •they must be aware
that any diminution in the rent and patriotism of the people,
would be a triumph to their enemies. The Honourable and
Learned Gentlemau then referred to the natural advantages
which Ireland possessed; and concluded by saying that peace
and perseverance was ;heir motto—peace and perseverance the
safety valve of the State, and that peace and perseverance
would finally obtain for them a repeal of the union.
The resolutions were then put, seriatim, and adopted by
acclamation.
Several sums of money were then handed in, amounting to
upwards of 201.
Mr. DU NNE handed in a petition to be presented by Mr.
O'Connell to Parliament, signed by 9,500 conspirators, for a
repeal of the union.
Mr. O'Coe NELL—Hurra for repeal.
Mr. JOAN O'Coriereee. alluded in terms of admiration to the
splendid specimen of eloquence which Mr. Sheil had given on
Saturday last in his behalf, in the Court of Queen's Bench.
Whatever became of the prosecutions, whatever was the doom
to which he (Mr. J. O'Connell) might be subjected, he never
would cease his exertions for the attainment of the legislative
independence of their native land.—(Cheers. )
The Rev. T. o*Meeeev then addressed the meeting.
He alluded to some olnervations made by an Hon. and
Gallant Member of the Association in disparagement of
" federalism ;" but he would not then enter into a discussion
on the subject, as he intended to reserve himself to ans-
wer the common enemy. Federalism was, in some mea-
sure, a child of his own. He had made many sacrifices, as
his Hon. Friend Mr. O'Brien could testify, in coming for-
ward to advocate it ; yet he was not blindly wedded to any
opinions on the subject. The Rev. Gentleman then alluded
to the Government of the United States, from which he drew
the model of his plan, and where he resided during some of
the happiest days of his life. So far was federalism from being
opposed to the repeal of the Legislative Union, it was directly
contrary; for they held that the Act of Union should be vir-
tually repealed before the principle of federalism could come
into play. In military parlance, the Federalists were a corps
of the grand army of Repealers ; and their proposition re-
duced the controversy with England to this—was she satis-
fied with a union of equality—a union which, instead of weak-
ening► her political condition, would strengthen it far beyond
what it was at present ?—( Hear, hear.) fhe Whigs, it ap-
peared, were not willing to gve the people their own Parlia-
ment : but they were ready to have a Parliament assemide
hese once in every three years—a plan which he had no hesita-
tion in denouncing as a clumsy mole of satisfying the wants and
wishes of the Irish people. He could not see that a passage
from one country to the ether would make gentlemen
change their places from one side to the other ; and what ad-
vantages could, therefore, be derived from such a plan There
was no salvation, for Ireland out of the pale and protection of
an Irish Parliament ; for, let the two great parties of the State
battle as they might, it was only by such a Parliament the
country could be redeemed from the evils which pressed upon
her energies and destroyed her resources.—(Hear.) The Rev.
Gentleman concluded amidst loud cheers. _ .

Mr. WILLIAMS, an American gentleman, addressed the
meeting, but was called to order by Mr. O'Connell, in conse-
quence of strong language which he had made use of.
Mr. S. O'BRIEN gave notice of a motion for the appoint-
ment of a committee to watch ever the proceedings of Members
of Parliament.
Mr. O'CoNNELL observed that some persons were going
aLout the city, as they had done before, to entrap persons, col-
lecting money to finish the Conciliation-hall. Now he wished
to inform the public that such persons were guilty of a gross
fraud—that no money was required for such a purpose—and be
hoped those who were duped would take every measure to
bring the perpetrators of the fraud before the magistrates.
The CHAIRMA N handed in a pound, as the subscription for
the year 1844 of the Rev. Mr. Meara, P.P., of Toomevara, in
the county of Tipperary.
Mr. O'CoNNELL had great pleasure in proposing the thanks
of the Association to the Rev. Mr. Meara, one of the oldest
and best friends of Ireland. He was mainly instrumental in
putting an end to those factions comically termed " Black Hens
and Magpies," in the county of Tipperary, and had actually
succeeded in making the black hens marry the magpies.
The repeal rent was then announced to be 372/.145. lid., after
which Sir Valentino Blake, Bart., M. P., took the chair, and
the meeting adjourned to Monday next.

The ATTORNEY-GENERAL said he would not for a moment
tress Mr. Fitzgibbon to go on, but Mr. Whiteside and Mr.
lll'Donough still had to address the Court, and he thought one
of them might go on. One of the traversers, he understood,
*as to address the Court himself. He admitted that the illness
of Mr. Fitzgibbon was quite a sufficient reason for his not ad-
dressing the jury, but he thought it might be desirable that one
of the other gentlemen should do so.
Mr. FITZGIBBON said the Court had been kind enough to
lake his indisposition into consideration as one of the ingre-
dients of its decision. But he did not found his application
4Pon that. If they forced him to go on he would be prepared,
!usl if there were no other reasons but his personal convenience,
he should beg them not to make their rule merely upon that.
Jtdge BURTON—I suppose the counsel for the traversers
have made some arrangement as to the order in which they
Were to speak.
O'CONNELL—They have ; there has been a certain dis-
160n of forces on this occasion, and another counsel toms
substituted now.
ArealtE JUSTICE—I Suppose so. He will then do as I stated at
tt the case will then be adjourned till to-morrow.
1,111.4 t traverser! and their counsel then quitted the Court,
ass afterwards to dispose of motions.

REPEAL ASSOCIATION.

DUBLIN, MONDAY.
The usual weekly meeting of this Association took place to-
l'aY, in the Coneiliationhall, which was densely crowded be-
re two o'clock, the hour fixed for the meeting. The chair
Lame taken by Caleb Powell, Est, M.P. for the county of
ck.
About twenty minutes past two Mr. O'Connell entered, and
ts greeted with enthusiastic cheering.
After the ordinary routine business was gone through,
L.,ztir• O'CONNELL arose amidst loud cheering. He said he
g'" to hand in money from a lady, Miss Ellen Dodd, of
erawnstown, and moved that she should be admittesl.—(Car.
;led.) Mr. O'Connell handed in various other subscriptions,
i,b(*luding Mr. Edward Francis Murray, son of Sir James Mur-
sisal, whose letter was dated from Genoa, and expiessed regret
•ssat the present Ministers made no attempt to remove or dimi-
tis
the mountain of injustice in Ireland.
Ki
O'Coe NFU.. again rose, and said he wished to allude to
woatter that occurred at the sitting of the Court this morning.
• t• John O'Connell sought permission of the Court to explain,
in reference to what had fallen from his distinguished counsel
90 Saturday, that nothing on earth could induce him to become
Zany manner a Party to any compromise of repeal. He said
th. felt it a personal duty to prevent any misunderstanding on
is Point, tq as he never would consent to anything which could,
to the least degree, comp!, mise the inalienable rtght of Ireland
domestic and national legislation.—(Cheers.)
0f Ssirrii O'BRIEN rose, amidst cheering and waving
,als, to address the meeting. Ile )said, as Ili) not lee of his
meeting
had been given, he deemed it necessary to put the
ti:eling in possession of them, especially as the Tipperary
EC' was so near at hand. The resolutions were then read by
e Hon. Gentleman, as follows
Resolved, that inasmuch as it will greatly conduce to the
;?'?ess of our national cause, if candidates favourable tot a Ile-
thl of the Union be relieved from all m,es connected with
"' elections, and as, in the presentstate of the late relative
° bribery, the choice of the electors may be defeated by the
t
rn:llest expenditure on the part of the candidates in previa-
ir:Tsrefreshment for voters, or in conveying them to the poll ;
ttel'rnestly recommended by the Repeal Association that,
zev '- event of a conte.4 for any county, city, or town, the
oral parishes should send their voters to the poll free of all
bolrgo, direct. or indirect, to the candidate chosen by the
°Ple, to uphold the cause of our country.
pf That the thanks of this Association be tendered to those
2,-`),e"ional agents who shall volunteer their gratuitous services
"'half of candidates favourable to a Repeal of the Union.
etheThat in case any intimidation be used by landlords or
to prevent electors from voting for such candidates, it
t, ue,irable that all the circumstances connected with such in-
'odation should be made known to the Repeal Association."
10he non. Gentleman dhe congratulated the me, ting on
vr,- State prosecutions., which afforded the Irish vople the op-
el,rptu,nitY of putting on record the wrongs which caused the
'th"' Movement. Those prosecutions had rallied around
threat
the true friends crlrnrn - of freedom of discussion. He w cold not
that
cent on the conduct of the Government, or ~ty whether
sho ,-°ndu commentla to excite respect or contempt. He
u"1 noton the &fence, so far as it had procoeded,
had' rogfieent speech of the distinguished advocate who
addressed the Court on Saturthiv, add who insisted that it
nn' tint the Protestant nor the Catholic, not.the aristocracy
to t the democracy, but the union of both, that was required
Regisr peace, free-d'oin, and prosperity to Ireland.—(Cheers.)
this he
not refer to the result of the trial now. pending,
a-iquitt would say, that either result, a conviction or an
for it ai, would be equally disastrous to the Government,
trial• was, in reality, the Government that were upon their
who As to Mr. O'Connell, his position was that of a man
the Must be elevated even still higher in public opinion, and in
The r.siot:dence and affection of his conntrymen.—(Cbeers. )
. and Learned Gentleman then proceeded to refer
renderinst
sl:etisolutions in detail, showing their advantage in
rnila°r" more pure and independent. Resolutions exactly
e were passed by the people of Limerick, and it was by
.itertions that the people of Ireland would obtain a triumph.
tfeirYella'tntlie,eioferciott had, he should say, been made by the people
indeed any coercion at all, to compel their repre-
thatat'v7te:ito support a repeal of the union ; but he should say
The resolutions he
resol e text eneral election such would not be the case.
arreiedei.,_esd.shehad submitted to their consideration had
approval of him to whom they all looked for advice
leantce, and of the committee of that Association. The
remuititoitsn.i eman concluded by moving the adoption of the
o,co
b NNELT, rose, he said, to second the resolutions
deposedy his talented and patriotic friend, and if they
zztoi:,:ie adopted because he (Mr. O'Connell) approved of
forward by most unfeignedly say, -their- being brOnght
y
wouldh friend ought to ensure them the respect and
adroirati
on of the people. Mr. O'Brien came amongst them
the
moment of peril, and whatever might be the result of
4Vending itate trials, the people of Ireland would net

THE SUN, LONDON, WEDNESDAY EVENING, JANUARY 31,

which were as well known to every man,
woman, and child in the United Kingdom twelve
months ago, as the rising and setting of the sun, and
made known chiefly by the zealous exertion of the
conspirators to give notoriety to their proceedings.
What the judges have to say is, whether such a con-
spiracy is lawful, 2nd upon this point there can be
really no second opinion ; and what the jurors have
to find is, whether Mr. Daniel O'Connell, Mr. John
O'Connell, n nel I, Messrs. Tierney, Steele,Barrett., Duffy,Bay,
and Doctor Gray, or any of them, has had a part in
it. In this narrow compass lies the whole question—
tedious as the proceedings have necessarily been, and
copious as have been the dissertations of our con-
temporaries Upon those proceedings. We know not
whether it is worth the while to remark here that Mr.
Sheil is in error in saying that all the parties
so di,gracefully prosecuted for conspiracy in 1823
were acquitted. Of the seven accused one only (Mr.
Brownlow) was acquitted, and against him no evi-
dence whatever had been adduced. As to the
other six, the jury disagreed, notwithstanding the
Attorney-General (Lord Plunket) had set aside
thirty of the panel—all Protestants by the way,
and some of them among, the most respectable
merchants and citizens of Dublin notwith-
standing, too, that the traversers had not
challenged one man, Protestant or Roman Catholic.
At the conclusion of the affair the jury were dis-
charged, but the traversers were held to bail to be
tried at the succeeding term ; and tried they would
have been had not Lord Plunket been called on in the
House of Commons, by the late excellent Lord
Farnham, to answer for his conduct in the matter.
And now, as our Whig Contemporaries have a
fancy for Irish politics, we invite their attention to
the resolutions agreed to by the dismal remnant of
the Irish Whigs, at their late meeting at Charlemont
House, Dublin. They have hitherto observed a re-
markable silence with reference to this document.
We could wish to say a few words about it, but
thOugh we made it public (exclusively) two or three,
days ago, etiquette requires that the Whig friends of
the party from whom it proceeds should do the formal
honours of an introduction to the notice of the Eng-
lish people. Let it be remembered, that in this
dreary manifesto the Irish Whigs say all that they
have to say.

STATE OF TRADE.
(From the Manchester Guardian.)

The advance in the price of Cotton in Liverpool, con-
sequent upon the latest advices from the United States—
amounting to fully id.—has had its effect upon our mar-
ket here. As might.be expected, as the result of this con-
tinued excitement in the Liverpool market, ours yes-
terday was a little unsettled. There was no lack
of orders offering, but the speculative rise in cotton ap-
pears to some extent to have arrestf d their acceptance.
In yarns there was a little more disposition to purchase
manifested by the shippers, and prices may be said to
be from id. to id. per pound higher. Yarns for home
consumption were also in good demand, and higher
prices were obtained. In goods, a fair business was
done at the highest prices of last week. _ _

ROCHDALE FLANNEL MARKET, MONDAY, JAN. 29.—
There has been a rather busy market to-day, yet there
have not been so many pieces sold as might have been
expected from the numerous attendance of buyers. The
manufacturers have stood out for an advance of prices,
and many .have obtained a little more for their goods,
but nothing in proportion to the advance of wool. The
demand for wool still continues good, and prices firm.

IRELAND.

THE STATE TRIALS.

FOURTEENTH DAY.
(BY EXPRESS.)

(FROM OUR OWN REPORTERS.)
DUBLIN, TUESDAY, JAN. 30.
SUMMARY of the STATE TRIALS.
At the opening of the Court this morning, Mr.
FITZGIBBON commenced his address, as Counsel for
Dr. GRAY. He said that the doctrine of con-
spiracy, as laid down by the Attorney-General, was,
that it was,a combination of two or more persons to
do an illegal act, or to do a lawful act by unlawful
means. He denied the correctness of the doctrine.
That proposition had been laid down by Lord DEN
-
MAN, in a case which occurred in 1832, and had been
repeated by the same Learned Lord in a case in 1834.
But it was a mere dictum and not a decision ; and in
1839 when it was cited before Lord DEN ALAN himself, his
Lordship said he did not think it a correct proposition,
In the cass of the King v. Forbes, better known as
the bottle riot case, Chief Justice BUSHE had laid
down a similar doctrine to that of Lord DENMAN.
and it was to be found in Eas';'s Pleas
of the Crown. But however good a
text writer EAST was, he denied that he was
to be considered a good legal authori y.
They had looked in COKE and all the old autho-
rities on the subject, without being able to dis-
cover any such doctrine. With respect
to the two cases cited by the Attorney-General in
support of the doctrine above quoted—viz., the King
v. Watson, H ower s State Trials, vol. 22,
and the case of the King .v. Murphy, Bth
Carrington and Payne, which latter case
Mr. Justice COLERIDGE had laid down the doctrine
of conspiracy adopted by the ATTORNEY-GENE-
RAL. He submitted that they did not apply in the
present instance at all. The former case was one of
high treason, and could not be cited as similar to
the present, which was one of misdemeanor, and
therefore Mr. Justice BAYLEY'S decision on it must
not Le considered valid. In the case of the
King v. Murphy, though the doctrine laid
down by the Attorney-General was applicable
to the facts there, it was by no means so to the facts
in the present case. The Learned Gentleman de-
nied that there was any case of conspi-
racy established. The people were peaceable,
and orderly. They were not drilled, and ordered
to advance and yetire, as they were in Eng-
land. The people met in large numbers, but
it was by such means 'that redress of grievances was
always obtained. The Learned Gentleman then re-
ferred to the means adopted by the mailed Barons of
England when the great charter of England's liberties
was wrested from King JOHN, and to the attitude
assumed by the people at the time of the Clare election
The Learned Gentleman then referred, in very strong

language, to the conduct of the Attorney-General,
with regard to the prosecutions. He did not
object to his doing his;duty, but he ought
to -do so in a manly and straightforward man-
ner, and not have stated the law incor-
rectly to obtain the conviction of a brother barrister,
and who had been an ornament to his pro-
fession for many years. He concurred with
the_ Attorney-General that this was a mo-
mentous case—momentous to the Attorney General,
and > the party with which he was connected. It
would afford that party a scourge to repress
the people, from giving expression to
their feelings and opinions, but he trusted
the Court and jury would interpose to pre-
vent them from obtaining that power. The
juries of England had always saved the liberties
of the people when they were sought to be
crushed by chargg like the present. The last case
of this kind was the charge of the constructive
treason brought against TOOKE and HARDY, but an
English jury three times brought in a verdict of not
guilty.
Mr. FITZGIBBON was still addressing the jury
when our express left.