The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1848-10-10 00:00:00

E STATE 'ARIALSk IN IRELAND

The 44.iira of Mr. d'Brien Was—resumed on Monday.
The evidence adduced was entirely relative to the affair at
Ballingarry, and the movements of Mr. O'Brien, and
others, preceding it. The witnesses were mostly police-
men, but there were a few peasants, and other inhabitants
of the district, examined ; some of whom werewexy un-
willing witnesses. Two, who were placed in the box, one
a farmer, and another a labourer, absolutely refused to be
sworn, and were consequently committed.
On 'Tuesday, a witness, named Lamthier, said he
heard Mr. O'Brien, on the 28th July, address about
three hundred persons from a window at Widow M'Cor-
mack's house. He said there were warrants for his
apprehension, but if they protected him Ireland would be
free in a fortnight. He advised them to arm and drive
the Saxon from the soil. Some of those .present were
armed, and they erected abarricade on the road. On cross-
examination, he admitted that no injury occurred to the
Mining Company, to whi,lathe belonged, and that 501bs. of
powder remained untouched. A letter from Mr. O'Brien
to the directors of the ,company was produced and iden-
tified.
Sub-inspector Trent gave a long detail of the proceed-
ings at :the widow's, and stated that O'Brien cried out
"Slash away, boys." After some argument, a letter
found in Mr. O'Brien'sportmanteau, from Mr. Meagher,
was read. The writer, after stating his proceedings (of an
insurrectionary nature) at several places, states that he
was on the eve of going to America " to raise money—to
invoke sympathy—and.to amuse myself." Mr. Whiteside
complained of some private papers, deeds •and marriage
settlements, belonging to Mr.•O'Brien not being delivered
up. The premises of 'Widow M'Cormackwere described
according to a plan.put in by a serveyor. The case for
the• crown was•then closed, and the court adjourned.
On Wednesday, Mr. Whiteside opened the defence in
a most brilliant speech, but had not concluded when the
court adjourned. The great reputation of the learned
counsel, confirmed, if not gained, by his celebrated dis-
play on the trial of Mr. O'Connell, attracted an audience
far more numerous and distinguished than has yet at-
tended any part of the proceedings. The sheriffs' gallery
was•almost filled with ladies. _ _ _

The prisoner looked mere anxious than the day before.
Atten o'clock, Mr. Whiteside rose and declared on his
honour as a gentleman and a barrister -that the voting
papers in the War directory, which .he had•received, were
not so great as those sworn to by Dobbin. Be asked for
them as given in evidence and not as they now existed.
The court ordered that the request be complied with.
Mr. WATITESIDE commenced the defence by declaring
that ho :had no complaint to make against the jury, but
that his,complaint was against the law. Had Mr. O'Brien
been so fortunate as to have been an Englishman he would
have known ten days before the name of every juror on
the panel- The charge against Mr. O'Brien, that he com-
passed the death of the Queen, he contended was an in-
tent altogether—an operation of the miud ; and it was
impossible to judge of the operations of the mind except
by what are called overt acts.. He then quoted cases at
great length, to show that words were not judged as overt
acts, and that what " are enormous and rebellious riots,
are not always high treason." He contended that Mr.
O'Brien was not responsible for what was done by each
and every member of the association to which he belongs.
The learned counsel, after an objection had been put in
by the Attorney-General, read the following letter from
Lord J. Russell at the time of his agitation for the Reform
Bill, with a view to prove that his lordship had once been
as great an agitator as Mr. O'Brien :
" My dear Attwood—l beg to acknowledge with heartfelt
gratitude the undeserved honour done me by 150,000 of my fel-
low countrymen. Our prospects are obscured, and obscured
only for the moment; for it Is impossible that the whisper of a
faction can prevail against the voice of a nation."

—What the premier called the " whisper of a faction" was
the deliberate decision.of the House of Lords. With re-
gard to reading letters in evidence against Mr. O'Brien,
he asked what chance of life Mr. O'Connell would have
had, if all the letters he received from America had been
received in evidence against him.
On Thursday Mr. Whiteside resumed his defence. In
the early part of his speech he analyied the evidence very
closely. The Learned Counsel then referred to the evi-
dence of Mr. Cox. He lauded the manner in which he
gave his evidence, but dwelt upon the circumstances that
he had not mentioned to the Inspector-General any thing
about the use of the words " slash away." He next re-
ferred to the evidence of other witnesses, for the purpose
of showing that the object from first to last was to pre-
serve Mr. O'Brien from arrest. Could they believe that
the man who said " slash away," would have told the po-
liceman whom he met on the road, that it would be an
unmanly thing to assault an unarmed man. The revolu-
tion terminated by the ringleader descending from his
horse, surrendering it to the man from whom he took it,
and suffering him to go about his business. The last
words of Mr. Smith O'Brien were that he wanted no
bloodshed. Were these the acts and words of a man who
desired a revolution ? It was impossible to conceive that
he contemplated any thing of the kind. Where was the
mark of the bullet ? There was not one scrape on any
one of the entire body of police. How unlike the case of
John Frost !

The peroration of the speech was brilliantly eloquent.
The address occupied a day and a half in the delivery.

The Learned Gentlemen concluded as follows :

Would to God that Mr. Smith O'Brien.were my only
client ! The happiness of an honourable, ancient, and
Royal family is at stake this day. The church, the bar,
the senate, furnish members nearly and dearly related to
the prisoner. They may differ from him in politics, but
they are here to give him consolation on this melancholy
day. you send him to the scaffold they inu.o-•
iaknitta iiig 111 JUIIIJW nn- nun iney loved. A

venerable lady, whose life has been spent amidst an affec-
tionate tenantry, who has lavished her fortune and dispensed
blessings and charities around her, awaits with trembling
heart your verdict. If your verdict consigns her beloved
son to the grave that heart will quickly beat no more. Six
innocent children await to be informed whether they are to
be stripped of the inheritance which has descended in their
family for ages, and driven beggars and fatherless upon the
world through the rigorous enactments of a cruel law—
whether they are to be restored to peace and joy, or
plunged into the uttermost depths of black despair. There
is another who still clings to hope—that hope may it be
blessed in you ! Her heart's blood she would gladly give
to save the object of her youthful affections. You will
not send her, unless at the command of conscience, to an
untimely grave. Yet even in this case of blood Ido not
ask for pity in a wailing spirit ; I ask it in the spirit of a
free constitution, in accordance with the rooted principles
of our common law. Those principles ought to shine out
in glorious perfection in this great cause between the pri-
soner and the Crown ; and a verdict in accordance with
them is not a triumph over the law, but a triumph of the
law. If, however, you shall convicct my client, neither
will I nor will he censure that conviction. I trust he will
meet his fate with the faith of a Christian and the firm-
ness of a man. The last accents of his lips will breathe a
prayer for Ireland's happiness and Ireland's constitutional
freedom ; and in that moment of his mortal agony he will
be consoled, if through his sufferings and sacrifices some
system of government shall arise such as T aver has never
yet existed—wise, impartial, comprehensive, and, above
all, which may conduct to wc.alth, prosperity, and great-
ness of the country he has loved, not wisely perhaps, but
too well. Our Sovereign in that oath wherewith she seals
her compact with a free people, promises to exercise in all
her judgments justice in mercy. That justice you admin-
ister ; no remorseless, cruel, sanguinary code, but justice
in mercy. In nothing can frail mortals approach so nearly
to the attributes of the Almighty as in the administration
of justice here below. Divine justice will be tempered
with mercy, or dismal will be our fate. The awful, issues
of life and death are now in your hands. Do justice in
mercy. The last faint murmurs on your quivering lips
will be for mercy ere the im mortal spirit shall take its flight
to, I trust, a better and a brighter world.
The learned counsel appeared quite exhausted as he re-
sumed his seat.

The prisoner shed tears towards the conclusion, and on
the faces of many long accustomed to the most trying
scenes that criminal courts present the same evidences of
deep emotion were visible.
The Cork Constitution says—" No language could
express the emotions which the speech of Mr. Whiteside
aroused in the auditory. His peroration was delivered
with an impressiveness and feeling that steeped his audi-
tory in tears. 'The members of the bench had to raise
their handkerchiefs to their eyes ; and When he referred
to the family of the prisoner, Smith O'Brien—even Smith
O'Brien sunk into his seat, and covered his face with his
hands, while he audibly sobbed. At this moment there
was deep commiseration for the individuals of his family
who were in the court. Counsel, jurors, auditors, and
policemen, were all in tears."
Witnesses of the highest respectability were then called

to prove the general uprightness, humanity, and loyalty of
Mr. Smith O'Brien, which they did in the frankest and
most ample manner. Sir Denman Norreys, one of those

witnesse, on leaving the table, warmly shook hands with

•
the prisoner. Major-General Napier was also examined,
and proved that he " took a considerable part in the agi-
tation" for the Reform Bill revolution, under the guidance
of the Melbourne ministry. The General produced a
letter from Mr. Thomas Young, then Private Secretary to
Lord Melbourne ; but he was prevented from reading it
by the court. The evidence on the part of the prisoner
was then closed.
Mr. Whiteside announced that he did not intend to
apply for a writ of error, and he will not seek to disturb
the verdict. The Dublin Mail says, that the law will be
allowed to take its course, but we rather doubt this.
Sentence of death will most likely be recorded, and then
commuted to transportation for life.
On Friday Mr. Fitzgerald spoke for the defence, the
Solicitor-General replied, and his Lordship commenced
his summing up.
The Chief-Justice resumed his charge on Saturday
morning ; it was able and impartial throughout, and occu-
pied till noon. He was interrupted about eleven o'clock
by Mr. Whiteside, who begged the Court to adjourn for
a few minutes, in order that he might have a brief con-
ference with the Attorney-General. On their return he
announced that, with the consent of the counsel for the
crown, he wished the informer Dobbyn to be recalled.
After a little delay Dobbyn was placed on the table, and
examined as to meeting with a man named Dalton, and
certain transactions connected with it. He emphatically
denied all knowledge of the man, and denied that he
knew or had ever seen such a person. He was then re-
tained on the table, while Dalton was sent for. Dalton
was sworn, and deposed to meeting Dobbyn in the middle
of June at a public-house in Dublin, and to the conversa-
tion that ensued. He also detailed a subsequent meeting
with Dobbyn, who pressed him, as he seemed a clever
fellow, to join the clubs, in order to draw up the resolu-
tions, &c. ; and as the evidence of an informer was not of
much value unless supported, they could mutually outbid

each other, as he knewthe government was most anxious
for information. Dalton said he would have nothing to
do with him, and saw no more of him. Seeing the reports
iu the papers, he thought that Dobbyn must be the same