The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-09-01

The issue paper ha ing been handed down. and tn
jury having answered to their names,
The CLERK of the CROWN How say you, ge ntlemer
is the prisoner at the bar guilty or not guilty Of th
charge laid IN the Indictment
The FoRkMAN-Guilty.
At the announcement Of this verdict, which cause
unmoved.
The prisoner was then removed, and the court ad
A most important motion was made. after the jur,
had retired, in Mr. Martins case, the part Of thu
own. by the Attorney General The learned gentle
man having had MIR Duffy put to the bar proceeded
to move that the trial Of MIR Duffy the indie tine nj
found at the present commission, be not proceeded
with at the prefent commission He moved on the
affidavit Of Mr.. Kemmis, which set forth that, since
the present commission had ope ned and since the in
dictment had been found, Mr.. Smith O'Bren, who
was known to have been openly engaged in
practices against the had been taken prisoner
Amopgs. the papers found on Mr. o Brien subsequent
40 ms arrest was letter purporting to be written by
MT Duffy and, as MIR. KeDmis believed, in his proper
handwriting That this letter of a highly trea-
sonabs nature, and had been very recently written
sged In rebellion That letter he did not r. al until
the present day. and he could not have foH nded
~ proceedings during the present commission lie
therefore prayed that MIR Duffy trial be not had
this comm ssion and the learned Attorney. General
nmated that he would not place the prisoner en- his
trial on this indictment, but would adopt other pro-
preliminary objection was raised that the prisone,
should be frat arragned and have his plea recorded
III ioCs, uoon iu part BrTdBnoU on the Oay
the bill was found,
The Court was against the counsel for the prisoner
but inimated they would listen to it ifany authority
was produced Baron Pennefather ng tn at the
raignment was not complete until after the indict-
ment was read, or copy of it given to the prisoner
and he had afterwards been asked was he guilty OF
NOT" aud had answered-s principle so plainly ac-
cordant with common sense, as would, It might be
supposed be impervious to legal attack The matter
or law stands till morning to enable prisoners coun-
sci to produce authority If they but there
no doubt his fun demand will be given the Attorney
General.
The view ofthe law taken to-day by the Chief Baron
was precisely that pronounced by Baron Pennefather
was that evidence Of intent to
tain extent; but that the jury, in ord. 10 End YER
prise ner had the guilty intent, but that In the publ
cation he bad expressed and declared it before they
should convict No subsequent appreciation or as
sent TO publications, printed or circulated could be
construed into q felony.
AVG ls--Shortly before ten the jury in Mr. Dogher-
TVS who spent the night strict
at the Northumberland Hotel, arrived in court and
were conducted by the sheriff to the Jury box.
AT ten O'Clock precisely their lordshps the Chief
Boron and Baron Pennefather took their seats the
bench.
SENTENCE OF CouRr ON Mr.. JAMES MARTIN,
(broth-r Of Mr. John Martin. Of the Irish Felony
The CHEF BARON inquired If this young gentleman
was in pursue mt the order OF the court
Mr.. O'RousKr (solicitor).Yes, my lord, he awaits
the commando Of your lordships
The CHEF BARON having ascertained that Mr.. Wa.
terhouse was in attendance, directed that Mr. James
Martin should be placed at the bar, in front of the
The young gentle man then presented himself at the
bar and the Chief Baron addressed him His ordship
SAID that the court had under the very
serious OFFENCE which he by his own admission as well
as by the clear and temperate statement of Mr. Water
house had committed. The court had also considered
the circumstances offered in paliation of the offence,
and the prompt and becomi pg apology which Mr. Mar
tin had made to Mr. Waterbouse. and the contritiou
he Hlr Martin) had evinced for having committed
gross an outrage against citizen in the person Of Mr.
Waterhouse and so fragrant contempt Of that coart
he court would now hear what MIR Martin had to say
be well that he should confer with his seetor before
he proceeded :, to offer that apology to the court
bis solicitor Mr Rourke) addressed their lordships,
and said that he fully admitted having been guilty Of
the charged against him and that he had used
words to Mr. Waterhouse which under other and less
exciting CHI cumstances he would not think of using
He begged to his regret for ing acted as
also to apologize to their lordships for having
united an act which he had been given to understand
was contempt Of their lordships' court Mr. Martin
In conclusion said he was prepared to submit to any
punishment the court might fit to award
The Chief Baron having CONNIE nted on the offence
and dwelt forciby the contempt of court evinced
in challenging to deadly combat juror. because he
had performta his duty according to his conscience
observed that owing to extenuating circumstances
making allowance for excited feelings and considering
ne;pt or the apology, the court would not
Iphict 30 severe punishment il otherwise would
Sentence was then passed on Mr. Martin of one
months imprisonment, Mr. Martin to find bail to keep
subjects. MIR. Martin given his choice of beino
confined in Newgate.
queen q. observation-disclosures in, a
case were resumed nv the Attornav Cen..sI -. al:
and putting in evidence article published in the
t.toune newsPaPer, caiea Our Harvest Prospects, >
AFTER when the case for the crown closed.
MI Butt the proceeded to address the jurv on be-
half of the prisoner and was left sneskinG vhsn onr
early edition went to press. 'F'Ae "A'A o0'
F-''
TRIAL OF SMITH oBRIEN.
From the ITINERARY Free Presa
It is ge nerallv renorf al that tbarn Iii l. .....,
MI, a. a. - IN 70 ePooisi
~. Az 49, &c tnS Low on tne stn OF september,
lor the trial OF Messrs. w s. OBrien, Meagher, &c.
r. f. MEAouEp AMI HIS vp,rNns
We received tba foIlowinn ,.,to. e.. a. D. Nr-
Mackey, the reverend gentleman Whose rece mt exer.
tions have deservedly earned for him the lasting
gratitude of all we'll wshers of the country We sub
Join the reverend gentlemans letter 1t requires no
comment to add to its cogency:-
DUBLIN, 18th August 1s4S
srn-1, TO THE = EDITOR OF THE FRIEDMAN.
81 eyed TO be under the necessity of addressing
characters of gentlemen who now defend seve rem
have ~ m Inc erosest misreprsent-
have odn u ~, Inc IN Teere9es 70
some Of his friends have sbsaned until now
from publishing thing the subject lest might occasion
besides, confident