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

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,
th,at 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.
®hat Proposition had been, laid down by Lord DEN-
MAN; in a case which Occurred in 1832, and had been
repeated byl•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 DENMAN 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 East'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 oil the subject, without being able to dis-
cover ..-any .such. doctrine. With respect
to the' two eases cited by the Attorney-General in
support-of the doctrine above quoted—viz., the King
v. Watson, Howel's State Trials, vol. 22,
and the case, of the King v. Murphy, Bth
Carrington and Payne, which latter case
Mr. 4-slice 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 be 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 retire,
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 Bngland's liberties
was wrested from King JonN, and to the attitude
assumed lbr 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. lle 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 bad been an ornament to his pro-
fession fur 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 chargeslike the present. The last case
of this kind was the charge of the constructive
treason brought against TOOKE arid 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.

-EXTB.APRDINARY SCENE IN THE
QUEEN'S BENCH, DUBLIN.
During the course of this day's proceedings, Mr.
Fitzgibbon stated that the Attorney-General had
called upon to retract certain expressions, and if he
did mot do so, to name a friend.-

GUIZQT AND THE CARLISTS.—We copy from the
correspondence of an Evening Contemporary the following
just remarks on the scene which- took place in the French
Chamber on Friday :—" The Legitimatists, driven into a corner,
turned upon M. Guizot personally, and were joined by the
Republicans of the extreme Left. Thus was presented the spec-
tacleOf unprincipled immorality in parties, combined with Je-
suitism in religion. They attempted to beat down M. Guizot's
voice ; to overwhelm, to exhaust him ; they bawled, barked,
menaced, browbeat, and interrupted—but they were nobly
punished. M. Guizot rehearsed, in brief terms, a con-
sistent life; and when he challenged contradiction, the
barkers and brawlers held their peace. " You may,"
exclaimed • the great orator, " heap calumnies upon
calumnies; but, you will never bring
.them up to the
height of •my disdain." Never was there such a triumph, •
even for Guizot—never was there such humiliation even
for the Left—never did the unnatural combination of
infidelity with priestcraft look so . disgusting, and hateful.
Guizot rose above his .opponents. lie rose above himself.
He. proved that he was as ready for the everyday work of
debate as for carefully meditated discussion—an adversary
not to lie takedunawares, and, when assailed, not to be ex-
cited except by an unmanly effort to beat him down by
physical violence; aad then ' only 'to Shot• how feeble acid
pitiable. are _vulgar mob weapons against genius armed with
truth and honour."
BERLIN, JAN. 25.—The Queen has had several hours
refresking.sleep during the, night, and her recovery pro-
I ceeds satisfactorily.