New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-10-21
IRELAND.
Trial Of smith O,Brien.

The DaBlta Frs,w0ns Jo1rnai il almost entirely oe-
cupied with the report OF the ;rial At Conmei, "ncn
"a. apparently approaching its termination u WAS ex
pee,ed that the evidence would terminate On the Mon
day following the sailing Of the steamer The IRE
-aa, Josyzal DIVES the following abstract Of the pro
ceedings for the present week;
The iurv-a Jury which does not contain single
Roman Catholic although both rdings Of the County
abound Ia Catholics Of rank intelligence, and tru'n-
b.v been sworn and thq Attorney General having de-
veloDed the materials Of his tremendous eOnspfa ey
which By the way surprsed every one for 10 Ianshs
Die rnealcrnes- the evidence was sdduced Cd winch
smith O Bren had forfeited bis life 20 the law -
The evidence il now before readers. and % tAe
we leave the amount Of credit and verscy % .pe :.
tsched 70 the representatives o. tne eIonN 80. So
DessbOx II may be cOnssEiehty oi' -. - r,i;cc
classes lst The eager and numerous hDs' % P'slS
officers and men. % The spies ana ih'D4 %
The psasautry who had aipssf ca CD crO'.i n,
9Th The aggregate o. r1scehahsoas Ns'Il-ynJi ~.
,Id,g NJ cogyse the Dublin Detectives who tesahed 20
- "a tIs,d (.j,b and 80 forth and 9Th. The dOcu-
rnentary evidence. which CONSISTED OF the 'e'Nfs q
Hessrs o Brien, Duffy sui he@gner ana me Pfih'ea
md unbr.bed speecbes u nr. o brien
:, r no, our duty % anticipate the analysis OF that
evidence BY the able advocate for the prisoner or 70
,,cncb upon the province q; the Chief Justice but We
may otserye Of Mondays proceedings-ef,t 70 oreea
~ nethat nothing was proved TO sustain tne chSf se
si5 Ia the indictment Of levying war against toe
Queen" or Of composing tne destn OF INC Soyo-
,eiynr Not fewer than iweniythree witnesses eui
hrsciuQ iutOFmgrF. cUuftdDisb unshais Jill
ocers were on that day placed upon the table II the
quality Of the evidence was not good the quAh'S was
unc xceptionable. r.
pahIin 10 ,Vaxford-thence e. Carrick-snd from the
town of Kilkenny 10 the hsrTack Of FsrTinTOfy DoO
bin-Jamss Stephenson Doboin-s name OF past %
security. but Of future ceiebrsy-Wes Sylaenuy H'
great reliance Of ,hc Crown % establish the tfeD'c
signs of Smith ORrien before The hna outbreak ~
BsIlingsrry. And what DID this gentleman prove =
Didhe with all his inventive capacity ana win an ~
dAcity equal 10 his invention, connect smith - Di'oh
With sDv act which could be accounted teas0nable
lie got up indeed phantom CLUB and me Daoih re.
,ectiyes found handbills' on Constitution hil-Dut
who placed them there Dbbins evidence IN iSct ieit
toe much where II was before nc fO4uhtotio" n'
famous disclosures. 49,
The police proved a great variety OF facts SPOKEN
and acted but they did not carry the charge to the
point required by the indictment Almost every one
stated mar smith o Bren immediate object In appear
inc in arms was not 10 levy war or take away tne
Queens lie, but 10 prois6 hnasty from Mfes' u -
= maxim 10 the criminal law, that Al you can account
for the conduct Of the accused on any oneI IeasohaDo
hypothesis than that advanced on behai OF the prose
eation he Is entitled 20 the benefit OF that hypotnes
Now the entire conduct Of smith Obuen, rom h1his'
,orfhy 10 Ballngarry, can be sHpiaheo oy
70 his prevention from arrest Lyen the most teiuc
ant Of the witnesses compelled upon crosseH
animation, 10 admit this.
From the whole scope ssd tenor oil the evidence
with some slight exceptions, AZ adverse ana lhcui
pstJry az the crown could wishit did not carry the
proof beyond the object OF protecting MIA own person
nom the oclanatOn OF Lord Clarendon As 70 oo,u
rnentary evidence upon which the crown places the
strongest reliance IL admitted by the Court and no
doubt upon good legal grounds though appears 70 us
that the evidence about the trunk and Mr.. keding'
tons KEYS and initials nigh have been more satisfactory
We have read over all the letters very carefully ana
90 no doubt will our readers. Neither OF us may be
profound judges OF what does or does not constitute
Nteasonsble practices or usurpstious oil the queen
prerogstye according to law but 10 plain under
standing the may be explained very sausisc
torily without raising the issue Of composing the
death Of the Queen or "levying war against n'f
Majesty. ,,,.
The evidence of the Crown having closed MT White
side opened the case for bis distinguished client In
speech Of SURPRISING power. II is masterpiece OIL
reason and eloquence and viii add vastly TO the repu
,s,ion Of man already illustrous for the brancy oil
his oratory