The Irish standard., 1915-12-18
AN IMPORTANT EVENT IN THE
STRUGGLEFOR IRISH FREEDOM

STRUGGLEFOR
The Trial Of William Smith o'6rien. I,
On Thursday, September 81, 1S4s, at
Clonmel, the special commission for
the trial of Smith OBrien and T. F.
Meagher, and several other persons
charged with high treason, was open |
ed by the Right Hon. F. Blackburne,
Lord Chief Justice of the Queens
Bench; the Right Hon. John Doherty,
Chief Justice Of the Common Pleas;
and the Right Hon. Justice Moore.
Their Lordships (who arrived in
town on the preceding evening, at
tended by the escort of dragoons) en-
tered the court at half past eleven
o'clock. They were accompanied by
the High Sheriff, Richard Penefather,
Esq, and an escort of police. Before
their arrival, the Acknowledgement
and Solicitor General took the places
allotted for them.
Chief Justice Blackburne delivered
the address to the jury; in the course
of which, having given general
sketch of the proceedings which form
ed the charge against the prisoners,
he communicated the following direc-
tions, relative to the overt acts set
forth in the indictment, as evidence
of the intention Of high treason on the
part Of the prisoners: "You will not
be justified in finding the bill of indict-
ment unless two witnesses prove some
act of treason-two witnesses to one
overt act, or two witnesses to several
overt acts. You will, therefore, care.
fully attend to this consideration
when the witnesses in support of the
indictment are under examination
Lord suirdale (foreman)-My Lord,
some Of the grand jury do not under.
stand that part of Your Lordship's
charge which relates to two witnesses,
whether there are to be two witnesses
to each overt act or one witness to
each in case of there being more than
one overt act.
The Chief Justice-One overt act
must be proved by two witnesses, OF
one act by one witness and another by
another.
The Grand Jury then retired to heal
evidence in support of the bill of in
dictment, which in the first count in
cluded William Smith O'Brien, Terence
B. McManus. James Orchard, Patrick
O'Donnell and Denis Tighe.
At five o'clock the Grand Jury an
nounced through the foreman that
they had found true bills against VIM
Smith O'Brien, Terence B. McManus
James Orchard, Denis Tighe and Pat
rick O'Donnell.
The prisoners were then brought to
the dock. Smith O'Brien looked calm
and collected, and his countenance die
not indicate that depression of spirits
which some have ascribed to him.
Some formalities followed, the pris
oners were furnished with copies O
the bill of indictment, and the cour
adjourned until next day.
On Thursday, September %, the
judges took their seats at eleven
o'clock, and within few minutes all
parts of the courtroom were filled
The Countess of Donoughmore sat in
the Sheriff's box, near the judges;
Lady Osborne and several other la
dies were in the Sheriff's gallery, but
neither Lady O'Brien nor Mrs. O'Brier
were present.
Sir Lucius O'Brien and the Rev. Ed
ward O'Brien (brothers of the pris
oner), Lord Hawarden and Lord Dud
ley Stuart, and also Sergeant Shee, o.
the English Bar were in the body o.
the court. General Mcdonald was IL
the sheritf's gallery.
Before Mr.. O'Brien was called upo1
to plead, the prisoners. Tighe, Orchard
and O'Donnell. were brought up, ant
Mr.. O'Callaghan was assigned as coun
sci for each of them. Upon their re
firing Mr.. O'Brien came to the from
of the dock and stood for some min
utes leaning against the rail. He wa,
then accommodated with seat. H,
was perfectly composed and nodde,
familiarly to DR.. Gray, who sat nea
the dock.
The entire day, up to seven oclocl
In the evening, when the court rose
was consumed In disposing of tech
nical objections raised by the prison
ers' counsel relative to such points a
the prisoners right to copy of th,
jury panel and a list of the witnesses
against him, and the postponement o
the trial until he had obtained both
Those objections were overruled
After some challenges on the part o
the prisoner were allowed the follow
Ing jury was nominated: r. M. S
Monsergh, foreman; E. C. Moone, r. A
Gason, J. Going, John Lloyd, ]. Perry
J. Russell, E. Pennefather, T. sadler
j. Tuthill, s. Monsergh, and G. Going
Mr.. Fitzgerald stated that he ant
Ia}o 1~o Al %uS>-A q.