New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-08-28

think it right gentlemen % call your attention anil
that Of other 10 the durv which devOves upon every
man q, disclose the existence Of any REASONABLE de-
scns that may come 20 his knowledge. The oath 81
allegiance in express terms bnis those who lake i 20
do their utmost 20 disclose 70 tnose IN authority at
reasonable conspracies against the Sovereign her
heirs or successors that may come to their knowledge
The discharge Of that duty u obligatory upon every
member of society threatened by such reasonable
designs. ! trust that no subject % her Majesty will
hrsae a. once 20 disclose % the authorities such facts
ns come 20 bic knowledge relative 10 the existence Of
such designs A. the act refers %. What every man
owes T. Society as well the obligation OF the oath Of
allegiance imposes This duty upon him and it il one
that 7 hope none will disregard. Gentlemen, trust
that by the vigorous application OF the law. IN that
spirit of mercy which. a. nave often said only forms
part Of - justice and by the cooperation Of al
classes Of the community who love and value peace and
socis orier-snd above all by the cooperation, not
alone u that class OF the community who possess
wealth and station and would be the fret suffer in
period Of CONFUSION but the cooperation also Of those
middle classes whose al depends upon the mantc-
Ofpcacc and order and those who IN their different
walks u life cannot sustain their position without the
mainit nance Of That peace and tranquility By which
the intercourse of society i sustainedwithout which
trade must perish without which the fruits Of agrcul
urc cannot be possessed enjoyed. without which il
i impossible that those classes maintain themselves
in the position they should have an ambition 70 enjoy.
trust that by the cooperation Of All classes the country
may be saved from the mischiefs which appear 90 be
apprehcDdcd by the statute to which alludc. That
such may be the case most earnestly hope. The
held. His ordship concluded by saying that he would
not deain the Jury by any further obseryafons. Tho
bills would be laid before them, and II they required
any farther advice he would be ready 10 aford L.
The city Grand Jury here entered the Court and the
foreman stated that true bills had been found against
Charles Gsvan Duffy.
The indctment-an immense roll of parchment-wss
then handed down, and the Clerk OF the Crown order
ed Charles Gavan Duty 70 be put forward in order that
be might hear the Indictment read.
After few moments Mr.. Duffy placed at the bar.
On his estrance he looked extremely pale, and deeply
sensible of his position. His countenance has become
strongly marked since his confinement Mr.. Duffy
looked around the court but recognized group Of
friends, and he returned the salute OF one gentleman
with melancholy feeling. SOON however, his cOunio
nance became composed and he appeared To view the
scene with equanimity
The Clerk Of the Crown Immediately proceeded to
read such portions of the indictment as set forth the
offences charged against the prisoner The indictment
contained eleven counts, and commenced by charging
Mr. Duffy with comprising imagining, inventing, devils
ng, and intending TO deprive and deposo the Queen,
from the style honor and royal name of the imperial
Crown Of the United kingdom, and with expressing
such comprising imagining sc by printing In the Ma
ton newspaper Of which he publisher and propdf
tor certain publications OF clOniOus character, and
which were headed as follow: 'lrclands Capacity g.
assert her independence Value of an Irish Harvest :
Tee and Capacity of the Rife studies for Young
Men How 10 break down Bridges Great Guns :
Wooden Artillery Mr. Mcsgher and the Clubs +
Clubs The Casas Blu : lrelands Destiny '.idcfa
Alca Est Ia the latter counts Of the indictment Mr.
Duty charged with composing imagining, invent
Ing intending. aud desiring 10 levy war against the
Queen in that part OF the United Kingdom called Ire
land In order Icy force and cOnstrsint 10 compel her
Majesty 10 change her and councils aud with
elonously expressing such intention IN certain u tho
articles above named.
Mr Duffy called upon 10 plead on which sir Col
man OLOghlcn interpOscd and having remar ked thai
IN Mr. Mtchel' case it had been decided that party
accused of felony not entitled copy of the in
dictment asked that the crown would grant copy az
favor and save time. otherwise they must have
il read slowly as 10 enable them 10 take down its
words The learned Judge seemed 10 desire they might
be saved from the wearsomeness OF the reading but
Crown would not give way. Baron Pennelather desired
the suggestion might be considered, when the proceed
ings in Court ended tor that day
Mr. Dufy's counsel are Mr. Butt &c. aud Sir c
OLoshlen MS attorney Is Mr.. OROrke, solicitor OF
Belfast
The judges took their seats on thc bench wedues-
day 1T 10 o'clock There was no excitement either IN
the street or in the court The Attorney General so
lictor General, Mcssrs. Whtesde, q g. Baldwin, q e.
plunkett, q &. Smyy. and Perrin appeared tor the
Crown. Mr. Butt and Sir COlman OLoghlen appeared
for Mr.. Duffy, who was brought into Court, but unne
diately removed back 10 prison During part OF the
day Rev. Mr.. OBrien brother of Sir. w. :. O'Bricn,
in attendance.
At hslipast o'clock the city Grand Jury came int
Court, and handed down true bills which they had
found against John Martin, Kelvin lzod y Dohefty
Richard Dalton Williams Denis Hoban, John Flanagan
who had been connected with the Nation and Tribune
newspapers
Denis Hoban was then placed a, the bar, and the
Clerk OF the Crown proceeded 10 read those portions 81
the indictment which forth the offences with which
the prisoner stands charged The indictment charged
him with having the lst and eth of July last wick
eddy maliciously and sedously printed and published
caused to be printed aud published, certain number
OF publication entitled the Irish Tribune containing
wicked and sedtous lbels against the Government OF
the country The articles referred TO IN the Indictment
as having been published in the Tribune newspaper
were entitled Our Harvest Prospects" Courage
and Our War Department"
Mr.. A. Cuuan who appeared for the prisoner, SAID
that the charge being only one OF misdemeanor, MS
client was entitled TO get copy Of the indictment with
out expense, before he could be called upon TO plead
The application acceded 10.
Kelvin lzod ODOhefty was then placed At the bar
and gned for imagining, comprising deyaing, aud
intending TO depose the Queen from the style honor
royal name Of the imperial Crown Of the United King
DOM and for expressing such teonlous compassngs Dy
publications in the Irsh Tribune, entitled Harvest
Prospects" 20 Courage " Our War Department and
with also deyisng TO levy against the Queen, IN
order by force and cOnstant make her change her
measures and councils.
Clerk Of the Crown.-Are you guilty or not guilty p
PrisOner-Not guilty
Clerk Of the Crown.-Are YOU ready for trial p
Prisoner-No
Sir Coman O'Loghlen.-l beg my Lords, TO apply on
the part OF the prisoner for bill OF PARTICULAR Inc
9th and 10Th counts OF the Indictment are general ana
of course, entitled 10 a bill OF particulars.
Attorney Ceneral-We don't intend 10 give any e'i-
dencc az 20 those counts.
Baron Penneisther-The Attorney General then ia
fact valves those two counts
Chief BarOn-And the Attorney General VIII give
them copies if he them.
Attorney General Ito prisoners counsel Are you
ready for trial
Sir Colnan OLoghlen--No its our intention 10 ap'
ply 10 postpone the trials.
Attorney -Genera.-Then you must make an aihdavh
to support the application
sir Colman OLoghlen.-We intend to do so and give
you notice but could make the affidavit or move
until we had pleaded.
J. ID. Williams was next placed at the bar ana ar
ragned on charges exactly similar 10 those preferred
against Mr. O Doherty. lie pleaded not guilty
Attorney -General-Am 70 understand Il Is intended
10 apply 10 postpone the trials Of all
sir Colman OLoghlen-fes, of the four (Messrs
Duffy Martin, ODoherty and Williains)
Attorney Cenera-IheD will not have the two other
prisoners (Nessrs Duty and Martin arrsigned until
see the grounds brought forward in these II your
ordshps consent 10 postpone the trial of Messrs WI
srns and ODoherty II viii be then for me % consider
whether shall have the others srraignsd AZ this Com
mission.
Sir Colman o Loghlcn-Mr. Duty was called and ar
rarnsd Yesterday and entitled 20 have his plea re
corded.
Attorney { eneral-But he did not plead then.
Sir Colfnsn O'Loshlen-He was prepared 10 plead.
and merely waited 10 have the indictment read out loud
y In con.eouence OF the suggestion OF the Court thst
proceeding was postponed 10 this morning, and Dc
claims the right no" l.
avAf her -