The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-02-04
IREtAMu.
our DUBLIN CORRESPONDENCE.

A Fenian Convict and Effects of tho Fenian
Movement-Collapso Of the Conspiracy-Thc
--latest Arrests-iio0ting Ont the Army
Taints-The Military Outrage at Dungarvan-
Severe Weather aud Much Suffering. &c.
DUBLIN, Jan. 10. 1867
The Fenan convict Denis Bowling Mulcahy, was
brought over from Pentonve this week, Thurs
day appeared before the Lord Chief Justice and Judges
Of the Court of Queens Bench in Ireland TO hear their
decision ON the arguments the writ Of error moved
last Novembe; ta
The prisoner showed Of much suffering; he is
even decrepd and reduced in appearance than he
was two months ago. From an early hour the court
throneed with numbers Of citizens anxious TO hear the
result and the prisoner The Lord Chief Justice
his decision rs which may be briefly stated -" judy
mont for the Crown on oil points raised" His Lordshp
went deeply into explanations Of treason acts and
quotations OF prccsdents bearing on the prisoners
case. He stated that he had carefully gone
through all the indictments recorded, and felt
satisfied that the arguments of prisoners counsel were
untenable, and abundantly refuted by authority. He
drew attention to Lord Elenboroughs decision in the
year 1885, which stated settled law that agreement or
assent given reasonable propositions
treason and that such assent may be inferred from cir
cums,ances similar those which capable Of being
collected from in ell other Thus II appeared that
anything subsidiary the general design constitutes
deliberate the deposition or death Of the sovereign
though they may agree in itself act be-
cause Il is step in the design The adoption Of plan
further step and any act done with criminal In
tent tending towards the accomplishment Of GRIM
ina object is the substantive matter TO consider.
Lord Campbell stated that conspiracy In nothing;
agreement everything The agreement was sufficient
act and in the case the overt acts were
alleged with sufficient clearness and certainty to
the demurrer TO be overruied Prisoners counsel laid
great stress on age Of Of the jurors in the Com
mission trials but his Lovdship tins point came 10
the conclusion that the Jury acts dealing with the ques
ton OF disqualification contemplated property and resi-
dcnce only, and did not refer TO age.
Mr.. Justice 0'Bren concurred fully in the opinions OF
the Lord Chief Justice
that on the part OF the Crown clear stream OF
authority covering period OF two hundred years while
IL thought that the continuous list OF authorities
offended against principle. they must carry the case
further Mr.. Justice George likewise concurred in the
Thus the hopes OF The unfortunate vctms to Fenian-
ism are nipped One chance Is still lett them put ~
faint that II would require very buoy dspos-
lion indeed draw much consolation from Il. FUR
thor appeal may be made 70 the House Of Lords and
IL stated the intention OF the legal advisers OF tho
convicts 10 stIll persevere.
.The movement seems to have entirely collapsed
here Its supporters wear quite a different aspect
TO what they did but one month ago. The mention Of
stephens draws frown on the face; and mutter OF
anger with clenched teeth now replaces the defiant
Arrests continue TO be made by the police; the most
important during the past week IS that OF MI John
gy, and other branches OF science He has been dis
tnguished student In the school or science
Dublin, and was lecturer TO various pubic bodies
throughout the city. On az, that he was giving the
benefit OF his knowledge OF chemistry 10 the Fenian ag
tators and directing manufacture Of the compound
called Greek Fenan FIRE. Several respectable parties
have also been committed for trial for endcavorng to
adm mister the Fcnian oath last month"; and previously
Two who have been residing in America for num-
Der Of years and lately returned arrested on the
Of the Lord Lieutenant They rave their names
Martin Cuddahy and John Mccarthy. They assert
they can produce papers OF naturalization.
soldier Of the Eighty 18th Light Infantry has been
tried by court martial charged with Fcpian completely
The result OF the inquiry viii not be made known Tor
some days until confirmed by the Horse Guards
One OF the witnesses detailed the Biod,s oper-
agdi for introducing Fenianism into the army
stby appointing persons 10 Insct The soldiers
OF their usual houses Of recreation, and 10 make
land and the conduct OF England-io follow up these
with promises Of reward &C., and then induce them TO
the oath Part OF the latter he stated was 10 the
effect any who revealed the secrets OF the body
or betrayed any Of HE associates, pronounced him
self TO death forfeited ali claims 10 heaven and de
served ali the tormen,s OF he'll This witness declared
that he was member OF the BODY himself, had taken
The said oath, and attended Fenian meetings at which
James stephens spoke on the conspiracy
verdict has been given by the coroper's jury, VINO
have been investigating the circumstances OF the milf
tary outbreak Ia Dungarven. IL Is to the following
effect 1--WE find that Captain Bartholomew hiey was
wiuIly murdered his own door by stab OF lance
bv one of sixteen of the Twelfth iancere, who unlaw
fully charged down the quay the 2sth or Dccember
1865 Five OF them named Sergeant Major Wooley,
privates shannon, Brown Ailcheson and Hamerton.
This verdict will result ia the handing over OF some oil inc
troopers 70 the civil tribunal, aud the remainder
OF the sixteen will be tried by court martial From