The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-11-04
DAILY CRESCENT T.
Arrival Of the Steamer EurOpa.
SEVEN DAYS LATER.

| = II I'm LA En-
Affairs in CHARACTERIZATION of o'Brien-Full
Report Of the Terrible Sentence of Death-Ru-
mored Execution of O'Brien-The Cholera in
Reconsideration in Vienna-A Republic Pro-
| cIaimed-Flight of the Royal Family-Affairs in
| France-Preparation for the Election of Presi-
! dsnt-Condition of the Markets, etc.
| The royal mail steamship Europa arrived at New
York on the afternoon of the 25th ult at O'Clock,
after passage of but eleven days from Liverpool,
having sailed from that port on the l4th. This is
one of the greatest trips ever made at this season of
the year. The following summary is made up rom
Wilmer q Smiths European Times:
Trial Of Mr. Smith o'Brien-The Verdict
| On the 9Th the court sat at 9 O'Clock, and the
Lord Chief Justice proceeded with his charge till
| quarter past ten, when an adjournment took place
| il consequence Of the arrival of Mr.. Darlton, a
Protestant student of Trinity College, Dublin, TO
prove it was said, that DObbin, the informer, had
perjured himself, and told him of his intention to
convict Mr. o. BFien by this course If no other Of
! fered The evidence was heard by the judges in
| chamber, and afterwards reheard in court, the in
tended effect being to demonstrate the alleged per-
jury of the approver and thus render his evidence
1 unworthy of belief A few observations having
! been made by counsel on both sides, the Judge re-
sumed his charge, at the conclusion of which, about
! 4 O'Clock, the jury retired to their ROOM
At twenty minutes past five their lordships re-
| sumed their seats in the court house. A profound
! SILENCE, lasting for few minutes, succeeded their
entrance, but was soon broken by slight rustling
noise near the door Of the jury-room, from whence
| the jury entered, headed by the foreman who held
| the issue paper in his hand.
When the jury were seated the foreman handed
the verdict to Mr. Pedder, Clerk of The Crown who
| commenced calling over the names of the jury.
The clerk having completed the calling Of names,
| asked in rather a nervous and indistinct tone,
manifestly sensible OF the painful effect about TO
/ follow, " Gentlemen, have you agreed 10 your
| verdct!'
The Foreman" Yes"
Clerk of the Crown How say you! Is Will
! liam Smith O'Brien guilty or not guilty %
After considerable lapse Of time, the foreman
in low, suppressed murmur, pronounced "guilty."
Tears might be seen and sObs heard in every part of
| the court. Mr.. o Brien alone maintained a COM
| posed aspect and acknowledged the verdict by
slightly incning his head to the jury.
The foreman of the jury essayed to say something,
but his self possession seemed to fail him. and he
said in a harsh under tone, TO the Clerk of the
Crown, Mr.. Pedder, can't you read the rest ~
The clerk then read from the paper what follows
We earnestly recommend the prisoner to the mer-
ciful consideration Of the Government the jury be-
ing unanimously of opinion that, for many reasons,
his life should be spared
The Clerk of the Crown then resumed his seat
and for about five minutes an unbroken silence pre-
vailed, the eyes Of all being fixed the calm self
possessed eountenance of the prisoner. AT length
Chief Justice Blackburne said in low voice, Adj
ourn the court to 10 O'Clock on Monday morning."
Proclamation to this effect was made. Mr.. O'Bri-
en- was then removed from the dock, and the build
ing was soon empty.
AT a quarter past 10 O'Clock on Monday morning
the judges entered the court The court house, from
an early hour, was densely crowded in every part,
and great anxiety visbly depicted on every
c0untenance, as it was rumored that Mr. Smith
O'Bren was to be brought up for Judgment The
only gallery vacant that in which the friends of
Mr. Smith O'Brien were accustomed to sit during
the proIracted trial. That gallery was entirely
empty, and formed a melancholy contrast to the
other portions OF the court.
The Attorney General entered the court about
five minutes after the sitting ofthe court. All eyes
directed towards the learned functionary, who
said" My lords, have to move thatin the Of
her Majesty against William Smith O'Brien the pri
soner be called up for Judgment"
Chief Justice" Very well''
Soon afterwards Mr. Smith o Bren made his ap-
pearance in the dock. His manly bearing, his
calmless, composure, and frmness, as he stood in
front of the dock, were the theme of observation
throughout the court.
The Clerk Of the Crown was about to read over
the indictment, and to ask what the prisoner had
to say, why sentence of death and execution there
on should not be passed upon him, when Mr.White-
side, Q. c., said that that was the proper time to
make application to the Court for arrest of judg-
ment According to the words Of the statute, the
proper period for that purpose was after the con-
VlCIl0n OF the prisoner. lHef6 were Inf6b Qu6s~
tons on which he grounded his application: First,
whether the account of the meeting of the 2lst Of
July was admissible against Mr. O'Brien, on two
grounds-first, that Dobbns evidence had not been
confirmed; and the second was the admissibility Of
the contents Of the porrmanteau, as there was no
proof that they were traced to the possession Of the
prisoner. These were some of the grounds on
which he called for arrest of judgment; but the
principal ground on which he rested his application
was this-Mr. O'Brien was indicted for levying
war against the Queen, within her realm, and for
CONTRASTING the Queens death. He (Mr. O'Brien)
had been acquitted of comprising the Queens
DEATH and had been convicted of the other offence
But he (MT. Whtesde) would show that there was
no such thing as levying war against the Queen in
Ireland contemplated in the statute of Edward Ill,
under which his client was indicted. To levy war
there were three essentials demanded first to levy
war second, against the Queen and, third, with
in the realm. The learned gentleman then urged a
number Of authorities, with the view Of showing
that the prisoner had not intended to commit the
crime Of high treason, and therefore could not le-
gally be found guilty. Mr.. 0'Brien had been ac-
quilted Of comprising the Queens death, because
the jury were not Of opinion that he had directly
levied war against the Queen-that, in fact, having
only levied war consnuctively, he was not guilty
of comprising the Queens death. What followed
from this RESULT Il could not appear from the in
dietment whether the levying of war was direct or
constructive. Now the Court had decided that the
levying of war in this instance was constructive,
and he apprehended that their lordships would not
hold that constructive levying of war still re-
manned a crime punishable with death, in a case
where, if the prisoner had been indicted for having
compassed the Queens death, and intended to levy
war against the Queen, and these five counts were
set out in the Indictment, he must have been
acquitted.
The Attorney General, in reply, submitted that
no doubt whatever existed but the levying of war
was still a distinct treason.
Mr. FITZGERALD followed on the same side as Mr..
Whiteside. He commended that the crime Of levy
ing war was not indietable in Ireland as treason.
The Solicitor General replied that the form Of the
Indictment in Lord George Gordon's case was that
which led to his acquittal
The Chief Justice, after consulting for some min
utes with bis brother judges pronounced their lord
ships decision. The motion, he SAID was for an
arrest Of judgment founded two objections to the
Indictment That Indictment, or the substance Of
it, was under the statute Of Edward Ill, and