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    to act in conoert with Mr Coxcoming iawh...

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    The Ikish Trials For High Treason* On Th...

    The jury in that C & S 6 acquitted Hardy . The next stage in the proceedings related tot mm Enahone , and the evidence in reference to W action connected with this part ; of the castmendy touched upon the attempt made by the j nson « ^ to escape arrest . They had the witnesses , AMUiam Wireans and O'Sulliv-ui , swearing in reierence 10 Sransaction connected with this part of the case , and it was some what singular that not a single witness from Mullinahone wasproduced to prove any part of the case . Notan inhabitant , not a shopkeeper , was produced—and the evidence given related merely to the marching of the people , and the visit to the po-Bce barrack . It was very remarkable that the priest

    of the parish was not produced ; a priest or two appeared upon the scene now and again and then disappeared . The chapel bell rung , and one wonld suppose that his reverence would have been attracted by its tones , and could have given evidence of the transaction ; but not one of them was btoug ht forward . The evidence of police constables was very Tjusatisfactory ' . ^ ben the revolution began , there were twenty persons present . The police Constable next reported Mr William S . O'Brien as saying that all vacancies would be filled up by Irishmen , '

    and he did not think the jury would be of opinion that tbat sentence amounted to high treason ; for what did it mean more than this—that when there was an Irish administration in this country , all situations and vacancies should be filled up by Irishmen ? A very bad and criminal saying , doubt . Take the entire speech , and what was there in it from beginning to end to indicate a treasonable intent in the mind of the speaker ? What , let him ask , was there in it , in fact , about any particular form of government , or about tbe Queen , or the Bouse of Peers , or whether there should be a

    monarchy or republic in Ireland , or its connexion with Eng land in the sense in which he had always contended for it ? Nothing ! It was perfectly plain that it was a mere personal object which he ^ r O'B . ) sought to attain from first to last . The g le topic which pressed upon bis mind was this—• lam apprehensive of arrest , and will you ( to the people ) suffer me to be arrested ? ' to which they replied that they would not . He ( Mr W . ) never , in all his experience , knew of an instance where a speech of this kind was held to be proof of a treasonable intent in the mind of Mr O'Brien ; and

    further , in connexion with this speech , it was important to remark that it was followed by no act of violence , outbreak , instigation to outbreak , or interference with property whatever . Then came the evidence of the policeman Sullivan , who deposed to the number of people who had assembled at Mullinahone . Now , it was remarkable that the statement of this witness , tbat there were 5 , 000 persons in the town on that occasion , was not confirmed by any of the other witnesses . He ( Mr W . ) did not , however , seek to impute to this witness a wilful disregard of bis oath , but he was entitled to conclude from his evidence that when a man was found to exaggerate the truth in any one particular , it was

    scarcely possible that he would not have done so in other respects also . He next came to deal with the affair at the police barracks at Mullinahone in connexion with which the Attorney General had observed that Mr O'Brien was bent upon a bloody revolution . Now , a man who was bent on the accomp lishment of a bloody revolution , must be bold and daring , and prepared to attempt mighty enterprises ; and it was not to be supposed that he could attain his ends by soft and civil speeches—the evidence showed that Mr O'Brien had a large number of men with him at Mullinahone , forming a force amply sufficient to effect the purpose he was accused by the Attornev General of having contemplated in

    Mullinahone . In fact , the Attorney General alleged that because he ( Mr O'Brien ) had had a sufficient force to effect a treasonable purpose at Mullinahone , the jury must believe that the treasonable intent to effect it existed in his mind , even though he made no attempt whatever to accomplish his purpose . But he ( Mr Whiteside ) was convinced that die jury , viewiEg the whole of his client ' s conduct throughout the transaction , would arrive at the opinion that there was no ground whatever for the allegation of the Attorney General—for the fact that Mr O'Brien having had sufficient force to employ successfully against the polks , yet did not make use of it for tbat purpose , ought to convince them of his innocence ,

    or at least induce them to place but little reliance npon the misreported speeches which had been forced into the case , for tbe manifest purpose of strengthening a case which without them was felt by the crown itself not to be altogether complete . It was then sworn that when Mr O'Brien came to the police barrack he bad a military-looking cap npon his head . But what was the fact of the matter ? It was this , that he wore upon his head one of tbe caps worn by the members of the ' 82 Club , similar to that worn by the late Daniel O'Connell , who had on one occasion remarked that he intended to have himself crowned at Tara , and yet was not prosecuted by the Attorney General of

    that day . It was deposed that in the course of the conversation which took place between Mr O'Brien and the police in the barrack-room at Mullinahone , the former observed to the latter , 'Follow me to Callan , and I will place you under pay , ' adding , * I am about to attack a barrack where ' there are 500 police . Now he ( Mr Whiteside ) did not place the slightest credit upon the last of these expressions , and he would give evidence of the most complete character lo contradict it What police barrack in tbe whole country contained so many as 500 men ? Not a single one ; asd this expression the policeman who gave the evidence must have known perfectly well to have been a pure

    fiction . In fact , the largest number of constables in any police barrack in Ireland did not exceed forty orfifty men ; and it was rational to suppose that this bravado could never have taken place , inasmuch as it was not in the sli ghtest degree calculated to create a successful impression upon the persons to whom it was supposed to have been addressed in consequence of its intrinsic absurdity . Mr O'Brien then said be should give them an hour to consider —and if within that hour they did not agree to give their arms up , he would be back aud take them . The first inquiry , then , for the jury was—did tbe police remain there , or did they go away ? But as the jury would , no doubt , recollect , they remained

    focr hours packing up their furniture , and the conquering revolutionist—the . man who was to seize the kingdom—forgot to come back and seize the rEuskets . Bnt the police did more—they marched fifteen miles to Caihel , but were not molested in the slightest degree—and that was the levying war agdnst her Majesty . ' It was a clear convincing proof , said the Attorney General , of his being guilty of high treasom , because he levied war against the sovereign of these realms . When Mr O'Brien went to the police barrack the men were unarmed , and the witnesses examined described the two persons who accompanied him as being armed—one bearing a double-barrelled . gun , and the other a

    fowlingpiece , while the prisoner himself had three pistolsone ia his hand , and the other two in his breast . But they did not molest the police ; they remained justttro minutes , and lo !—that was levying war against her Majesty ! -that was a proceeding which put Queen Victoria ' s crown in imminent jeopardy 5 ( A laugh . ) He ( Mr Whiteside ) would ask the jury , could they generally believe that that circumstance was a proof of the commission of an overt act of high treason ? It was , they should bear in mind , one of the most important features in the case up to that point ; there was nothing done before it but mere talk ; and would they believe that that most extraordinary and unaccountable visit of two minutes to

    a police office at Mullinahone was a clear overt act of levying wax against the Sovereign of the realm ? They must recollect that marching in arms was aotlihu , except it was meaat to commit an act of treason , for if it were so all the Orangemen of the north would be brought up for trial at the next assess . One of the jurors asked the witness who deposed to this visit a question about the pike one of them carried , when he trailed it , and placed the sharp paint of it on the ground , and tbat was one of the proofs given of an intention to levy war . That was not the way they levied war in France , to which his learned friend alluded with so much horror—that was not the way tbey acted when they wanted to revolutionise and overturn a throne— -they did not turn the points of their pikes to tbe ground . ( A 1 jugb

    . ) He ( Mr Whiteside ) was also indebted to a juror for another most important circumstancenamely—tbat which referred to the flag . There was , in point of law , no opposition whatever to the carrying of a flag . He might himself walk out in the street , and put up a flag , if he chose to do so , and it was brought into this case because the allegation was that it proved a levying 0 f war . In order to prove a treasonable act in carrying a flag , there must be evidence of marching in military fashion , and with a flag ; but what occurred in the present instince ? Unfortunately all the innocent circumstances of Mr O'Brien ' s conduct in this transaction , like his visit to the Round Tower at Kilkenny , were converted into proofs cf his evil purposes ; but it turned out according to what the witness said , that it was a Scotch shawl ( A laugh . )

    The Ikish Trials For High Treason* On Th...

    Attorney General .-1 afd not say there was a flag . I said there was a sash . Mr Whiteside . —Yes , it was such a sash as Commodore or Commander M'Cor mack , of Ballingarry , might wear . ( Alaugb . ) But what was that sash or flag , or whatever the Attorney General mig ht wish to call it ? Why t hat , said to be hostile to the Queen , was a Scotch shawl , such as that which gentlemen often wear— \* laugh)—thatinnocent fact or circumstance was tortured and perverted , to give what would otherwise be an innocent blameless act

    a guilty meaning and complexion , which , of itself , it could not bear . A juror then asked another question , as to how Mr O'Brien procured the arms . But the fact was , that Mr O'Brien left town without dagger , powder , or ball in his portmanteau ; for were they in it , no doubt they would have been discovered in the lime-kiln . Mr O'Brien wished to have a guard to protect him from arrest , and that he contended did not constitute the crime of high treason . It was asked for what purpose did Mr O'Brien carry arms ? But it was the business of the Attorney General to prove that the arms were procured for treasonable purposes . Did they say or prove for what purpose the arms were procured ?

    Did they at thej police office say why they wanted the arms of the police ! No ; for the evidence of the witness was , that they did not ; and that after they went away he saw them no more . That was the nature and substance of the Mullinahone transaction . There was no interruption of the police , or attempt to take their arms by force , or marching to attack the police barrack , as occurred in John Frost ' s case , when he boldly marched into the town of Newport . The Attorney General relied on the equivocal evidence of the two policemen ; but no act was done which constituted the crime of high treasonand he ( Mr Whiteside ) therefore submitted

    , that the jury would not , and could not , adopt a strained and forced construction of the evidence , and come to the conclusion that it was an actual levying of war . In tbe cross-examination of'the witness Wiggins , he said Mr O'Brien wore a cap like that worn by the late Mr O'Connell , with a peak and a gold band ; and as to what was said by Mr O'Brien , as witness took no notes of the conversation , the jury ctuld give his statement no credit whatever , He asked them would they , or could they , recollect , at the distance of two months , a casual conversation of about two minutes ? He said , no ; it was impossible they could do so , and they should , therefore , attach no credit to it

    whatsoever . As to the circumstance deposed to by Tobin , the car-boy , he attached no importance to it whatsoever . He drove him from Mullinahone towards Carrick , whete he met a crowd of persons armed with pikes , but they were not under his control or authority . Would they meet Mm without any previous concert ? The people often went out before to meet the late Mr O'Connell and other popular favourites , and it was never said they were at any time guilty of hig h treason for such conduct . If they were armed with pikes how could he help it , or how could he prevent it , when he had nothing whatever to do in the transaction ? Then came the first affair at Ballingarry , deposed by to Egan and a man named Bourke . The first man was an

    inhabitant of the town ; he was not in the police , and all he proved was , that he saw Mr O'Brien coming from Mullinahone . He had arms then , and so had some of the crowd ; but for what purpose ? Why , to protect Mr O'Brien . The witness then deposed to a speech he made , which was similar to that delivered at Enniscorthy ; and indeed that speech might have been stereotyped , for all he said subsequently was only a repetition of his first address . He was , he said , afraid of being arrested ; but what proof was that of a general object to create a revolution ? A man did not embark in projects ef treason without knowing what he had to do ; and again , he ( Mr Whiteside ) avowed that Mr O ' Brien ' s purpose was to avoid and resist what he conceived to be bis unconstitutional arrest

    by . Lord Clarendon , who meant to put him into gaol , not to try him , but to imprison him for an indefinite period . If he ( Mr Whiteside ) wanted evidence to establish what he had said that morning , the speech of Mr Dillon would be perfectly conclusive on the subject . Egan , the witness , said that Mr O'Brien wanted a guard for the nig ht of twenty . What did that prove ? That he wanted a body guard , but not a guard for any other purpose . Egan said he did not see Mr O'Brien again that eveaing . Having got the body guard , he dismissed the army , aud went to bed aud slept . Heroes of revolutions did not act after that fashion . They dii not sleep ; they rather continued

    awaketo plot , to contrive , to see what post they should attack ; but Mr O'Brien having got his guard around him , he went to bed aud slept ( laughter ) . That witness called the people a mob—he said he saw some guns and pikes as they were leaving Ballingarry , and going to Killenaule ; the men walked by his ( witness ' s ) door ; they met at a certain distance to guard Mr O'Brien , and then they left him—Mr O'Brien dismissed the army . That indeed , was the act of a revolutionist . The learned gentleman then referred to 'the drilling witness , ' Sparrow , and commented upon the evidence of this person at very great length . Sparrow said that he saw thiny armed men about

    Mr O'Brien—that the others had scythes and pitchforks , and such weapons as the peasantry on a sudden and for a sudden object mi g ht supply themselves with . He dwelt on the utter improbability of this witness ' s evidence . The' army' went to O'Brien ' s Cross , where they dispersed , and Mr O'Brien went on his way . The armed party continued with him , but the mob went away . Did they ever see or know of such a thing as ' house drilling , ' which had been sworn to on this occasion ? Egan did not prove it , although he was a house-builder in the village of Ballingarry—Bourke did not prove it—Sparrow gave evidence of it : but who could believe him ? Where was the

    postmaster or postmistress who lived under the pay of the state , and was he dismissed in an hour ? Where was any respectable inhabitant of the place ? Where was any man unconnected with the police force ? and where was this Sparrow living ? and what did hesayhewouldnotdol He ( Sparrow ) was living with the police , and he said he never would take money from any person whatever , after this trial was over , or even while it was pending . They admit the entire case up to the present momentwas the desire to escape arrest , and this was shown

    from Enniscorthy up to the present moment . It was alleged by the Attorney General that the prisoner behaved like a marauder ; and had availed himself of the ri ght of a revolutionist to take possession of houses and food , and had not paid for anything . What was the evidence with regard to that ? It was , that four or ^ five persons entered a house , took a temperate meal , and drank nothing but water . Did they remark how anxious the . Attorney General was to find out the facts connected with the hotel bill ? For half an hour he was

    torturing the witness to prove that this innocent act was one indicative of an intent to set out upon a marauding expedition . What passed ? The prisoner , supposing him to be one of the party , went to bed very quietly , and slept , upon the eve of a revolution ; and the sum of 13 s 6 d was paid in the morning a fact which he was sure the shorthand writer for the Crown would preserve as one of the most appalling in that most awful part of the case . He would next proceed to iKillenaule . It was impossible for

    any twelve men to say up to this period thet the prisoner contemplated the desi gn of high treason . The twenty armed ; men , about whom evidence had been given , wentacertain distance with the prisoner ; he was on an outside car with two men , and they drove to the hotel . Could there be a more ridiculous abortion of proof than was furnished by this part of the case ? They marched to Mullinahone , and then—oh ! dreadful revolution—some bread was purchased . When revolutions were undertaken

    private property was but little respected ? but nothing of the kind occurred in the present . case . No property was injured—no rights invaded ; and could they hold that such a transaction was high treason , when it was not bald in a case where the people burnt bouses , and police and soldiers confederated together ? Bread was obtained and eaten—this was not high treason . 'But ( said the Attorney General ) put the hotel biU in the round tower and the socks or

    stockings together , and a case of high treason is made out such as sh ould convince the-most sceptical jury in the world . ' Had the people fired upon the police or the troops , that would have been a different thing . But the fact was , that , having preserved the prisoner from arrest , they ate their bread and peacefully dispersed . He appealed to the jury to consider the statement of the Attorney General , and compare it witht he facts . Where was the army ? Gone . Where was their leader ? He was off on an

    outside car . Where was his carbine or blunderbuss ? Under the cushion-and thus the leader of a revolution was driven into Killenaule . The learned counsel then referred to the evidence of the innkeeper ( Walsh ) , and that of a police constable ( Mathew ) . The evidence of the latter person had reference to a matter which made it impossible t

    The Ikish Trials For High Treason* On Th...

    impute the guilt of treason to Mr O'Brien . ( Did the prisoner tell the peop le to make a barricade , or resist the trrops ? He did not speak a . word , or direct the people to make a barricade ; and -when it was made , it was merely for the purpose of preserving Mr O'Brien from arrest . The Attorney General said that was hig h treason . He ( Mr Whiteside ) contended that a sudden act done by a man in a moment of impulse could not be held to be high treason . When the Earl of Northumberland marched with some thousands of men , the judges held that his acts did not amount to high treason , because the guilty intent was net shown . This was the best evidence the law oftcers could obtain after rummaging the

    country with the whole of the constabulary at their back . The learned counsel then referred to the evidence of Captain Longmorjv in reference to the erection of the barricades at Killenaule , in order to show that the object of the people was solely that of preserving Mr O'Brien from arrest . Here was the evidence of a man who , betas ! a British officer , would not vary one word from the truth . The allegation was , that the prisoner made war against the Queen . To do that , there should be a determination , as in the case of John Frost , to kill the troops of the Queen . There were men inside the barricades —men "who had rifles—the troops halted , and they were addressed thus— ' If you are people upon ordinary business , and are not come to arrest Mr O'Brien , we have no quarrel with you ; we are not

    making war against the Queen , nor are we desirous to subvert her authority ; our sole desire is to prevent Mr O'Brien , from being arrested . ' 'No , ' said the officer , 'I have no intention to arrest Mr O'Brien . ' The barricade was removed—not a trigger was pulled—not a stone thrown—not a pike or bayonet raised ; and , in an indictment which did not charge that the military were marching upon the service of the Queen , Mr O'Brieu was charged with high treason . This occurred upon the 28 th of July . The jury would decide that case as twelve Englishmen would decide it ; aud there was not one of that msgnanimous nation that would hesitate one moment in acquitting the prisoner . If the prisoner had been guilty of illegal acts in the Association , why had not the Attorney General caused his arrest ? He should then have asserted the dignity of

    the law ; and there were many law officers , not out of that court , wbo had enforced the law in the ordinary manner , and quieted the country . Did they believe that when behind a barricade a whole population was assembled , and not a man was injured ; and when the man who had the rifle , and did not shoot the officer , though he could have done so , any desire was entertained to kill oue of her Majesty ' s troops ? It was proved to demonstration that the troops were received with courtesy , and greeted with cheers on their way . The criminal law presented no such case of high treason ; The prisoner might have been indicted for a rank misdemeanor , and the dignity of the law would have been vindicated ; but his argument was , that the acts done did

    not amount to high treason . Nobody was hurt—and that was what the Attorney General upon a solemn trial for life or death , said was a proof of a revolutionary intention ! Defend us from constructive treason ! One thought never crossed the breast of Mr O'Brien against the dignity of the Queen ' . In what speech did he refer to her name ? ¦ Where had he spoken with disrespect of a lady and a Queen , wham it was the object of every chivalrous nature to respect , admire , venerate , honour , and love ? Mr Whiteside having commented upon some evidence of a less material character , proceeded to refer to the transactions which took place at Ballingarry . Mr O'Brien having arrived at Boulagh , some wtnesses were produced to depose to his earliest proceedings in

    that locality . Of these witneiseshe would take that of Lamphicr , who appeared to be the most respectable of the number , and whose evidence embraced all that was material in this portion of the ease . ThU Lamphier , who was an agent in the employment of the Mining Company , stated that upon the 28 th of July last he heard a speech made by Mr O'Brien to the people on the Common of Boulagh ; and what did he make his client say , ' that there was a proclamation issued for his arrest , and that he wished the people to protect him from that arrest . ' Now , was it not remarkable that this man . who was charged with having headed a formidable rebellion , did not say to his army , ' Let us capture Clonmel , seize upon her Majesty ' s troops , and blow up the

    barracks in which they are stationed V No , he says simply this , ' If you protect me Ireland will be free in a fortnight , ' clearly showing that what he aimed at was the personal protection of himself . And was it not also remarkable that Mr O'Brien and his friends—those men wbo contemplated an immediate iusutreotiou , according to the \ ttoruey Generalshould tell their hearers , not to be prepared to break into armed insurrection on the instant , but , as one of them said , ' in a week , ' another ' in a fortnight , ' and a third , who was fixed upon as the most violent of the party , so distant a period as six months . Here it was sworn by the same witness that some of the people told Mr O'Brien that they had nothing but stones to use in the fight , and that he replied that

    stones were very useful where better arms could nbt be had . Now , in the name of common sense , did any one ever hear of a number of men going to wage war against one of tha most powerful monarebs in the world armed with stones ? No doubt his client told them it would be better for them to have other arms ; but even if he did say bo , that was not high treason—but for what purpose did he use that language ! To create rebellion ? No , but 'toprotect him , ' to use his own oft-repeated words . He ( Mr Whiteside ) thought it was utterly impossible for human reason to reconcile the conduct of the people and that of Ms client in thia pact of the transaction , with any other hypothesis than that he had just laid down . Then came the evidence of the witness

    Culleu , concerning which he observed , that if he wanted evidence for the purpose of clearing Mr O'Brien ' s case from every unfavourable feature it presented , ho could not have desired stronger testimony in support of the ' argument he heard all along advanced than what had been supplied by this witness . This witness stated that Mr O'Brien having mounted an eld ditch , addressed the people , and said— ' Can you supply ma with a sufficient force to keep me from 200 men ? ' Was that , he would ask the jury , the force that would be employed by the government of the Queen of Englatd if they wished to quell an insurrection ? No , but it was exactly suoh a foroe as would ba sent for tho arrest of a single man . This was the common sense view which any rational man

    would take of the language used by Mr O'Brien , and it applied to the ease he had endeavoured to establish all through his spesoh . Mr O'Brien did not say ' Come out with me into the field , and let us assail the Queen and destroy the empire . ' No , but this only , ' Have you a force sufficient to protect me from any attempt that may be made to arrest me by 200 men ?' Mr Whiteside then contended that the barricade erected on the Ballingarry road was like that erected at Killenaule for the purpose of obstructing any attempt cf the officers of justice to arrest Mr O'Brien . To establish the case for tbe Crown , the Attorney General had given evidence that Mr O'Brien had gone into the yard attached to the mining concern , for the purpose of obtaining carts , < fcs ., to raise a

    barricade . Now , to this evidence he would reply by pointing to another part of the evidence given by the same witness , which was to tha effect that no attempt whatever was made by Mr O'Brien or his followers to make use of the gunpowder which they ( the colliers ) < knew was kept ia the concerns of the company . Now , it was perfectly clear that if Mr O'Brien had intendedto make war upon the Queen , this barrel of gunpowder would have been the very thing for his purpose , and would have been taken by him to assist in the accomplishment of his purpose . But if , on the other hand , tbe object of Mr O'Brien was , e , 3 he alleged it to be , to escape arrest , was it not more natural for him to ask for the carts in order to erect a barricade , and to leave tho gunpowder , which he

    did not require , -untouched ! Ho would confidently leave it to the jury to decide whether the hypothesis hehadjjust advanoed . or that of the Attorney General , was the most consistent with the facts proved in evidence . What would be the ordinary conduct of a man resolvedj ?« r / M out nefos to do it . ? Let the jury imagine the case of a man whointended to commit a robbery at a railway office—who went up to the clerk , and said , ' I want the money of the railway company , ' and when the other said , 'it belonged to that company , ' the person went away . Was that robbery ? Mr O'Brien asked for a pony which would ride down the cavalry of Great Britain —( lau ghter ) —a pony just then , it appeared , going to waterdaughter )—and thensfche witness said' NoI

    can-, , not give you either tho pony or let you have the key of the barrack , because ! should get into trouble with my employer , ' and then Mr O'Brien walked away . Was that a proof of a treasonable purpose , or of levying war against her Majesty ? « Oh ! but , ' said the Attorney Genera ] , 'he wanted the barrack for military purposes . ' But if he did , why did he not take it ? He could do so If he wished j for the witness deposed he had a crowd with him , and that no one was in the concerns but himself and a few men . He further stated that he sot the letter given him by Mr O'Brien from Dublin , in order that he should mark it ; and he added that on the very evening

    when this transaction occurred he forwarded to Dublin « £ 100 in money , and had fifty pounds of powder in the place . They were all within Mr O'Brien ' s reaah . He might have seised them if he liked , but he declined doing so , in consequence of the reasons given by the witness . Then came the evidence of Mr Purdy , which was not of muoh consequence in the case . And now he wonld call the attention of the jury to the evidence of Mr Trant and the five policemen , who deposed to the transaction at the Widow Cormiok ' s house . He should not detain them at any length on that of Mr Cox , for it was immaterial to the case . Mr Trant stated he got orders to proceed to Ballingarry on the morning of

    The Ikish Trials For High Treason* On Th...

    that day , to act in conoert with Mr Cox , coming ia another direction , who was desirous of receiving the rewa rd of £ 500 ; for he said to Mr Trant , Oh ! you let 45 Q 0 slip out of your hands . ' ( A laugh . ) The fury moat remember that the only , body of men under the control of Mr O'Brien were the colliers who ran after him ; he had nothing whatever to say to the people ) who lived at a distant part of the country ' he Old not send for them—he had no authority over them—there was no proof of a combination , or conspiracy in the entire tranaaetion . The whole , and the powerful part of the present case entirely depended almost on the evidence ef Mr Trant . That inspector , he was told , wrote , a dispatch ,, detailing the transaction , whioh would out-do ' . Gurwood's Dispatches of the Duke of Wellington , ' commencing with the poetic words , — . .. . i i . .. is _ - „«/ , «»•• mWh nr « IW . Ami .. ; .

    Whoever takes the foremost foeman ' s life , Himself shall conquer In the strife , foreat laughter . ) That showed the mood he was in falaueh ); but he ( Mr Whiteside ) firmly believed that if he had not gone into the stone house of the Widow M'Cormiok , —if he did not run up the hill for protection , there would have been no collision on that occasion . This was the first time when treason burst out in all its fury and malignity . He referred his evidence to the jury . He deposed tbat one shot was fired by the people , and then they found him in the atone house . This sudden quarrel , this painful and melancholy transaction , would not , he ( Mr Whit eside ) was firmly convinced , ba high treason had he not . retired to that house . It was only that

    rnnrnjag Mr QBrien and the people who were with him heard of the proclamation for his arrest , and his protection from the seizure of the police was their powerful object . He had great doubts who fired the first shot ; for they must remember that an unarmed man came forward before firing took place , and exclaimed , ' For God ' s sake let there be peacelet there be no firing . ' Did that look like a determined , murdering purpose of attacking the police ? They would recollect that in the attack which took place 300 rounds of ball cartridges were fired by the police . The evidence of Mr Trant was , that he ordered the police not to fire unless fired on by the people . He ( Mr W . ) regretted sincerely that he did not go down stairs instead of looking out from above , [ for had he done so the conflict would not

    have taken place . Mr O'Brien went round to the front of the house aa he was desired , but Trant re-, mained above stairs , Mr Trant , be it remembered , did not swear as to the words 'Slash away , and slaughter them all , ' boing used , but he said there was a crash ; and then the firing commenced . He could speak of nothing else but the crash , and whenever he ( Mr Whiteside ) asked him anything his reply was ' crash , crash , crash . ' ( A .. laugh . ) The firing continued for one hour . 230 rounds of ball cartridge were fired by the police , and yet , after all that , there were no marks of the bullets fired by the people , and it required ,, as he was informed , a microscopic view of the house to discover the injury done to it . for be it remembered the panes , of glass

    were broken by the police in the aot of firing . Mr Trant said he was wounded , but he did not know it or feel the pain , nor could he say he was wounded at all until some of the policemen told him . ( A lauzh . ) He said also he did not go to bad during the ooafliet —a circumstance of whioh he Was not quite sure . ( A laugh . ) The polioemiju did not see him during the fight , but after it was over he was fonnd gathering up the trophies of his most brilliant campaign . The learned counsel then referred to the evidence of Robinson and the other two policemen . One of them swore that Mr O'Brien was near the window , with one foot upon the sill , when it was stated be made use of the words , ' Slash away , boys , slaughter them all . ' The other witness said that Mr O'Brien had gone

    away , and the third said that when he made use of the words , his ( witness ' s ) bayonet was within six inches of his breast . Not one man was wounded , though this order was stated to have been given—not a bullet was found—not a remnant of the battle appeared but the description that was given by the police , and he called upon the jury to give the benefit of the doubt arising from the deposition of Mahoney , who did not hear Mr O'Brien use the words , and also from the absence of Rafferty , who also was at the window , and though as a matter of course examined by the Crown , had not been produced by the law officers . None had suffered except the unfortunate men who were within range of the police guns . He called upon the jury to disbelieve the testimony of Moran ,

    who was naturally a coward and assassin , for he swore that he would have shot the defenceless women who were there probably for the purpose of rescuing and leading away from the place of conflict , their husbands , sons , or brothers . He implored of them to reflect on the testimony of a man who said he would have imbrued his hands in the blood , not of a man , but a poor defenceless woman , rushing forward to rescue her relative . The learned counsel then referred to the evidence of Mr Cox ; He lauded the manner in which he gave his evidence , but dwelt upon the circumstance that he had not mentioned to the inspector-general anything about the use of the words ' slash away . ' He next referred to the evidence of other witnesses , for the purpose of showing that

    the object , from first to last , was to preserve Mr O'Brien from arrest . Could they believe that the man who said' slash away , ' would have told the policeman whom he met on the road that it would be an unmanly thing to attack an unarmed man ? The revolution terminated by the ringleader descending from hU horse , surrendering it to the man from whom he took it , and suffering him to go about his business . The last words of Mr O'Brien were that he wanted no bloodshed . Were these the acts and words of a man who desired a revolution ? It was impossible to con * ceive that he contemplated anything of the kind . Where was the mark of the bullet ? There was not ene scrape on any one of the entire body of the police . How unlike the case of John Frost ! Here the officer

    only imagines , dreams , and thinks he was hurt or wounded ; but neither hurt nor wound has been found on his person . They did not examine the Widow M'Cormick . Why not ? They did not examine any of the women who were there . Why not ? There were women and children there . It was not amid women and children those individuals would levy war against the Qaeon . It was well the children were not there ; for if they were , it was evident from the testimony of one of these policemen that he would have shot them all . He had the word , however , of his client to say that he never used any of the expressions sworn against him on that occasion ; . As to ' slash away , slaughter them all , ' he referred to the testimony of . Mahony , the policeman , the first of the

    constabulary called , who was touched by Mr O'Brien ' s hand , yet Mahony did not swear one word as to the expression stated to have been used by Mr O'Brien . Mahoney said that a stone came into the window . Did this consist with the enormous crash of the inspector ? No doubt that was the stone that struck Mr Trant . ( Laughter . ) Mahony heard no crash ; he saw no ball come in ; all he ( Mahony ) saw was the one stone ; he said he saw a small number of fire arms . It wes impossible that Trant swore what was correct , when he said he saw a great number of fire-arms . It was impossible 1 Mahony , in point of fact , contradicted all the witnessess . A juror asked , were there any marks of balls ? The reply of Mahoney was , that there were no marks of balls or bullets whatever . He then

    went to the evidence of Moran . on whioh he commented in the most severe terms , showing the impossibility of his statement , and demonstrating the disposition by which ha was actuated by the entire tenor of his testimony , which was of the most sanguinary character . Mahoney swore that the firing was one quarter of an hour ; Moran swore that it was three quarters of an hour ; and when asked what sort was tho firing and what he saw , the reply was that he saw one man attempt to fire . Then Mwan sworo that he saw women in the crowd , and that if ho saw women in the crowd picking up stones ho would have shot them all . He really regretted to hear such testimony

    given by one of the police foroe . But Moran swore that Mr O'Brien , while making use of these expressions , was in a position in which he must have been shot dead immediately , and deservedly , if he had used the language that was attributed to him ; Moran said , too , there were armed men inside the wall , protecting Mr O'Brien . Let them mark that . Moran said if he could have shot Mr O'Brien he would ; but when asked how near he was to him , he replied that his bayonot was within six inches of Mr O'Brien ; and when pressed as to why he did not fire , he said ' I did not hear him * and there he ( Moran ) stopped short . That was the evidence of that young man Moran . . .

    Their lordships then retired , and when the Court resumed its sitting , Mr Whiteside proceeded with his address . He commenced by taking a review of the various documents given in evidence on tbe part of the crown . Tbe first of these papers consisted of a pencil tracing of a ma p found upon Mr CBrien ' a person at the time of his arrest , and which he ( Mr Whiteside ) was called upon by the crown to explain . That , how < ever , he positively declined to do , and would leave it to the Solicitor General to fix any guiltihe oould discover in connexion with it upon his client , if he was able to do so . There was , however , a document of somewhat greater importance , whioh he did not deny —vfc „ the letter written by Mr O'Brien to the directors of the Mining Company , dated the 29 th of July , 1818 , and which the Attorney General asserted to have been written previous to an intended battle ,

    Mr Whiteside then read the letter he referred to , section by section , commenting upon each consecutive passage , in order to prove tthat Mr O'Brien ' s sole object in writing it was to prevent the colliers , who had protected him from arrest , from being thrown out of employment on his account . He { Mr O'B . ) did not talk in it of attacking tho troops of the Queen , but clearly shows that he had iu view only a personal object—the evasion of any attempt made to arrest him . Then he recommended that the whole of the proceeds of the colliery should be employed in the payment of the men' for the present . ' And his client then complained of the manner in which the colliery had been worked , and suggested ' that the men should be paid by wages , and not by contract . ' Now , there was nothing criminal in that suggestion , and it was somewhat remarkable that it had been since adopted by the same mining company . Mr Whiteside then referred to the passage in the letter

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    whioh threatened thai if the company did not comply with the writer ' s suggestions , their property would be forfeited in the event of the Irish revolution succeeding . Now , he ( Mr Whitegjde ) submitted that it was a highly improper procee'dihg to make a threat of this nature ; nothing coutd , ~ in fact , excuse such language , but still it amounted to no more than a threat ; and it was plain , from a review of the entire dooument > that bis client merely sought to do a service to the men who had protected him ; for it must be clear to every one that if , he had then contemplated an insurrection , he would not have sat down to write a letter to a mining company for the purpose of suggesting that the price of their coals should be lowered . The learned-gentleman then drew the .. v :.. ! . ih » . »» . s u .. * : r » i . > -wimnan « i 1 M tiofcnnmnlv

    attention of the Jury to the haste in which Mr Meagher ' s letter was written . He said that it was nothigh treason to go to New York , and that the words' etcetera , et cetera , ' did not involve any intention to commit an aot of high treason . Then as to the letter of Mr Duffy , he said that , in the first place , the person who wrote that was in the custody of the crown ; he had a newspaper , which was seized , and the papers found there taken away , bat they did not find a single line from Mr O'Brien ; It was all-important to know the date of that document—it was , no doubt , dated Saturday , but that might have been a Saturday two or three years ago . How did the jury know the year in whioh it was written ? He had just been informed that through the kindness

    of the Attorney General aa account of the papers found in the portmanteau , was to ba given , among whioh were papers dated in 1813 . There was so much of duplicity—io muoh of treachery abroadthough he did not accuse any one—that if the document were received in evidence , it should be shown it existed before his arrest . The learned gentleman next proceeded to cemmenton the address presented to Mr O'Brien at Enniscorthy , and the letter of Mt Meagher , found in the portmanteau , and proceeded to observe on the evidence of Dobbin . He appeared ( he said ) in the character of a spy—he was an informer , but there was a rale of law that a witness who came forward in that way should be confirmed by other witnesses . No jury could believe the state .

    ment of a spy unless he was so corroborated . He deposed first to the meeting on the 15 th of July , and where was the confirmation of that ? Ner . t followed those of the 19 . h and 21 st , and yet his statements were not corroborated in any one particular . Then came his testimony regarding the Red Hand Club ; but although the government had detectives , and policemen watching the door where its meetings were held , not a word of corroboration was given ; The Solicitor General would tell them that the great corroboration of Dobbin consisted in the balloting papers—the handwriting of these documents was not proved . Dobbin swore that no clergyman was to be balloted for . If there were a meeting , it was an innocent one—no guilt was upon the face of any one

    of the balloting papers ; but suppose there were , did the government expect the jury whom he saw before him to convict the Protestant agitator in the dock , while-the Roman Catholic priest walked abroad in all the freshness of health and freedom , administer * ing ghostly consolation to his flock ? Was ' the prisoner to be visited with the terrible responsibility of the offence with which he was charged , while the priest for whom eight voted to , place him on the war council walked free ? Ani if he ( Mr W . ) vindicated the Attorney General , he also vindicated Lord Clarendon ' s government and _ the / British ministry , when he said that this eould not be so . Father Kenyon was an innocent man ; but if he were guilty , the crown was . prosecuting a

    man who was not so , and were not prosecuting another who was elected , or nearly elected , a member of the war council . If they were to expect impartial justice in that country they should take their stand upon the entire people of the realm . Let them have no partial one-sided administration . Let the Protestant be convicted if be were guilty , but unless they were prepared for the basest despotism that ever disgraced freedom , let them resolve upon an inflexible and impartial law for all men alike . He ( Father Kenyon ) was balloted for as a member of the war council , and he was innocent . He would appeal to the jury , and the free and magnanimous nation under whom they lived to see that justice . be done—he asked for nothing more . He appealed to

    their honest natures , was one man to be struck down and another spared—was his client to . ba stricken down and sacrificed , and the other spared ? He acquitted the law officers of the crown—he acquitted the government and the prosecutors of his client , for they did not know or believe that Father Kenyon was the member of an illegal , guilty , and treason * able conspiracy against the Queen , and therefore he was not prosecuted , being an innocent man ; and was the man for whom even the informer said no one had voted to be made responsible ? It was for the jury to say whether the charge against the prisoner had been established . The charge was high treason , and he had shown them that an endeavour to escape arrest did not amount to high treassn . The learned

    counsel then proceeded thus : — ' Gentlemen , I have spoken to this case . I have gone over the entire evidence given by the crown to sustain the charge against the prisoner , audit is for you to say whether that charge is established . The accusation against him is for high treason , compassing the death of the Queen by levying war against the Queen in her realm . I have exblained to yen the principles upon whioh this crime is to be ascertained ; I have shown you that appearing in arms is not enough , that an endeavour to escape from arrest is not enough . It must be plain to you that the prisoner is guilty of the charge contained in this indictment before you can convict him . Gentlemen , I have objerved npon the evidence , and I simply submit to you in conclusion ,

    that however you may condemn certain acts of Mr O'Brien , however equivocal yon may think some observations made by htm in one letter are , yet , if you believe tbat his offence falls short of the tremendous crime of treason , you are bound by the solemn duty you have undertaken , irrespective of every consequence , to acquit the prisoner . Well I know the weighty difficulties I have to encounter , and how inoomDetent my feeble powera have been to grapple with and overcome them . Well do I know how prejudice has blocked np the avenues to the understanding ef some—how calumny has done its work with others—and hew it has been said that the impracticable politician must perish at last . If he had been a hypocrite , and had covered his selfishness

    with the mask of patriotism—if he had said what he did not believe—if he had unsaid to-morrow whathe had said to-day , he might have been a p-triotio placeman , and enjoyed individual prosperity , having traded with tact for a time npon the miseries of his country . Wrong he may hare been in the opinions he has imbibed , yet he has adhered to them steadily aud consistently throughout his life , and he suffers now for having honestly maintained them , believing them to be true . He has been reviled , caricatured , and slandered in his native country from one extremity to the other , he has been hunted as a traitor and covered with abuse , and where is he to look for justice ? Where can be his hope for a temperate consideration of his whole political life but where tho

    law has placed his safety—in the honour , discernment , and humanity of a jury of his countrymen—a rampart or defence to stand between the crown and prisoner . If the crime consisting in the intention of the soul is not sufficiently established , judges must be unbending , but jurors may yield te the frailties of human nature . Jurors may throw the broad shield of their protection around the accused , whose intention tbey can believe to have been innocent , censurable though his conduct may have been . Suoh is the high offico assigned to you by the constitution , whosefoundations were laid in the deepest wisdom , which through a succession of ages has been cemented by the patriot ' s blood and consecrated in the martyr ' s firo . I « is for you to say whether his guilt

    is established conclusively or not , The law of your country , wise . just , and merciful , has declared that if there be a doubt that doubt must be given in favour of him whose life is sought to be affected ; and , therefore , yielding to those benign principles and those generous impulse ? of your hearts , it is for you to stand between the prisoner and bis grave . Review his life . A love of his country he imbibed from his mother ' s breast- It was strengthened by his father ' s example , perhaps , to a dangerous excess . His father recounted to bim bow on the last memorable night of our national independence he had heard the burning words of Grattan , of Plunket , and of Btishe—how he had been persuaded by the gravity of their arguments , transported by ' their eloquence , and

    inflamed by their patriotic ardour . Those lessons taught to his parent ho has never forgotten , and believing that the Union was carried by corruption , he struggled for its repeal , and to restore to Ireland its Parliamentary existence . In that has been the labour of his life—a delusion I admit ; but is not death upon the scaffold a terrible punishment for believing that Irishmen have the capacity and intellect to rule the affairs of their native country ? Would to God that Mr Smith O'Brien were my only olicnt ! The happiness of an honourable , ancient , and royal family is at stake this day . The church , the bar , the senate , furnish members nearly and dearly related to the prisoner . They may differ from him in politics , but they are here to cive him consolation in this melancholy day . Should you send him to the scaffold they must struggle on hereafter with broken hearts through a cheerless existence ,

    labouring in sorrow for him they loved . A venerable * lady , whose life has been spent amidst an affectionate tenantry , who faav i lavished her fortune and dispensed blessings and ei > rities around her , awaits : with trembling heart y ^ ur verdiot . If your verdict consigns her beloved sV » n to the grave , that heart will quickly beat no more . - Six innocent children await to be informed whethe r itey are to be stripped of the inheritance which h ^ ta ^ deaoeaded ia their family for ages , and driven beggars * < l fatherless upon the world through the rigorous e . < 1 wcta , ento of a ; cruel jaw-whether they are to bo rek , toMli to P eace and joy , or plunged into the utters ^ . dePth 8 ofblaok despair . There is another who sth , l dinza *? h e -that hope may it be blessed in you ??* he ' 8 W ? * ouldBladly 8 ive to save tht object of her youthful affections . You will not send be un , MS at the command of conscience , to an untirr ^ P " rori vtedan ^^

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    became visibly moved , and for the first time since the trial Smith O'Brien ' s lip quivered , and htseya . filled , as the idea of a mother , brother , ohildreoT and wife mourning over their possible loss was visibly presented tortus mfhd ; : For a moment he bant his head onhis hand ; he firmly pressed his broff for a few seconds / and again resumed his . wonted calm , new ; Not so the audience , the bar , the jury , tie occupants of the benches , all continued deeply moved , and from many a manly eye ; to which tears had laig been strange « , the big drops rolled ' ' in rapid suedes * sioi . We , never remember to . bave ' seeh sd profound a sensation as that produced by the gifted advocate , whose action and'fone , far more eloquently than erea his living words , expressed the . deep emotions with hMAiriAvtflihlv mnvfld . andfflr tha first tirhA ainiu

    which his own heart was moved at the contemplation of an adverwiVerdict . 'l ' , retevetfinthis case of blood Ido not ask for pity in ' a ; wailing spirit : I ask it in the spirit of a free constitution , in accordance with the rooted principles of our common law . Taos * principles ought to shine out in glorious perfection in this great cause between the prisoner and the Crown ; and a verdict in accordance , with them , is not a triumph over thelaw , but a triumph of tho law . If , however , you shall convict my client , neither will I nor will he censure that conviction . I trust he will meet bis fate with the faith of a Christian and the firmness of a man . Tho last Accents of his lips will breathe a prayer for Ireland ' s haapi . ness and Ireland ' s constitutional freedom ; and in that moment of his mortal agony he will bo consoled if through his sufferings and his sacrifices some system of government shall arise suoh as I aver has

    never yet existed—wise , impartial , comprehensive / and above all , whioh may conduct to wealth , prosperity , and greatness the country he has loved , not wisely perhaps , but too well . Our Sovereign in that oath wherewith she seals her compact with a free people , promises to exercise in all her judgments justicein mercy . That justice you administer ; no remorseless , cruel , sanguinary code , but justice in mercy . [ In nothing can frail mertals approach so nearly to the attributes of the Almighty as in the administration of justice here below . Divine justice will be ternpered with mercy , or dismal will be our fate . The awful issues of life and death are now in your hands . Do justice in mercy . The last faint murmurs on your quivering lips will be for mercy ere the immortal spirit shall take its flight to , I trust , a better and a brighter world . Witnesses were then called for the defence .

    Mr William Hamdl—Was the original secretary of the Irish Confederation . ( CounselherehandedWe witness a document , which he examined , ani said contained the original rules of the Confederation > The rules were first submitted at a preliminary m t , ing at Radley ' s Hotel . Mr Smith O'Brien attended the meeting . The rules were in proof , but they were in maattsoript also , Those rulea were adopted at a general meeting at the Rotunda . A lecture oa the use and capacity of Confederate Clubs , delivered at the Doctor Doyle Club , by Charles Givia Duffo was circulated among the members . A report on the formation and government of Confederate Clubs was also circulated among the members . Ceased to be secretary in June , ' 47 ; was summoned to attend the trial as a witness for the crown .

    By the Attorney Ganeral-The Confederation waa formed in January , 18 i 6 . The Council of the Confederation consisted of twenty-ene at first Me O'Brien , Mr Dillon . Mr Djheny , Mr M'Gee , Mr John Martin , MrVanan , and others were mem * hers . Mr Brennan was not a member , nor nas Mr Lalor . By Mr Fitzgerald—There were clergymen oh the council ; among others the Rev . Mr Maehan and the Rev . Mr Kenyon were members ef it . Dr Gray , one of the proprietors of the Frbemas ' s Jourmal and a member of the Irish League and of the Repeal Association , verified the documents nrn .

    duced as the rules of those societies . A . pamphlet produced was a report of' A Speech delivered by Mr O'Brien in the House of Commons , in 1813 , on the Causes of Discontent in Ireland ; ' and a letter produced was one written by Mr O'Brien on joining the Repeal Association . Both the speech and letter were circulated among the members of the Repeal Association . Had known Mr O'Brien intimately since 1844 . Had conversed very frequently with him on political subjects . Had never heard him express himself , disrespectfully towards the Queen . Had often heard him say he would retire from public life rather than be a party to any unconstitutional agitation .

    Cross-examined by the Solicitor General—The early meetings , held for the purpose of forming the League , were held in the room of the Freeman office ; the terms were agreed upon before July 10 th ; witness was aware of the coalitien batween the two parties . The meeting was not one of moral or phy . sical force advocates ; it was a meeting of moral force advocates . They thought there was a difference in their opinions with regard to the mode ol conducting the repeal agitation , but they found out when they met and consulted together that there was no real difference of opinion as to the manner in which the agitation ought to be carried on . It was understood the clubs were to be separate from the League . Members of clubs were not necessarily excluded ; the only persons who were excluded were tbe place tranters . None of the members of the League were to be responsible for the acts or opinions of any other

    body or individual . Members of the Association and of the Confederation were admissible to the League ; the onlyexelusion was the place-hunters . John Maher , Esq ,, deputy lieutenant of the county of Wexford , and formerly member for the county , was a friend of Smith O'Brien ' s and had been for many years . He came to witness ' s house on Saturday , the 22 nd of last July , at half-past seven o ' clock .-He came from Enniscorthy in witness ' s carriage ; he came ia consequence , of an invitation which witness wrote to him oh the 3 . 1 it ot April last . The letter produced was the letter of invitation . ( This letter was one of those found by the crown in the portmanteau of Mr O'Brien , seized at'Cashel . ) Mr O'Brien remained at the house that night . A servant came to witness ' s dressing room at half-past eight o ' clock , to say that Mr O'Brien wished to speak to him , and he immediately went to bim .

    The Attorney Grneral objected to this evidence . He thought a private transaction of this sort ought not to be put in evidence . Mr Fitzgerald said the charge against Mr O'Brien was founded upon certain acts . The crown had traced him to Enniscorthy , and he ( Mr Fitzgerald ) wished to show what he did when he went there . One of the declarations relied upon by the Attorney General was the evidence of a policeman , proving what * Mr O'Brien did between the time of his arrival at Enniscorthy and the house of Mr Meagher . Chief Justice Blaokburne said it did not appear to the court that evidence ought to be adduced upon any matter in which the crown had not made a declaration . The examination was then resumed— -On going to the room where Mr O'Brien was , Mr O'Brien said tome

    The Attorney General again objected to evidence being given as to private matters of conversation between Mr O'Brien and the witness , Mr O'Brien ( who appeared much agitated at the opinion of tha court ) here said—I m sorrc to interrupt you , my lord , but 1 must ask , in common fairness , whether evory speech madebymesubssquontly to leaving Dublin , and reported in suca a fashion as I believe no speeches were ever reported before , by common policemen , are to ba taken as evidence of my intention , and my declarations made to my private friends to be excluded . It appears to me the most monstrous decision ev ^ r heard in a court of justice . Sir Colman O'Lo ^ hlen was about to ask the witness to state what Mr O'Brien said to him , when

    Mr O'Brien said—I think you had better save yourself the trouble of g-dng further . It is quite a farce , and I call upon you to give up the case , as the Court is evidently against me . ' I say this is a substantial violation of all the principles of justice , and I call upon my counsel to give up the case . Mr Fitzgerald—M y lords , I have sent for Mr Whiteside , who is not in court , and in the meantime perhaps you will allow me to examine Mr Maher with respect to other matters . The Court—Oh , certainly , Hit Fitzjerald .

    Mr Maher ' * examination was then continued—Mr Meagher and Mr Dillon , who arrived at my house at an early hour by the mail , left it after breakfast in company with Mr O'Brien ; I know Mr O'Brien since 1835 , and I thiuk I am acquainted with big political sentiments ; I can distinctly say that he is attached to the Queen and to the constitution ; I told Mr O'Brien the morning after he arrived at my house that I had asked Dr Synnoit , my own parish priest , and one or two other clergymen , to meet him at dinner . Mr O'Brien—My lords , I must appeal to you to know whether the conversation I held with Mr Meagher , on the morning of my departure , is or is not to be received by the court ?

    The Solicitor General—As the rejection of the evidence with respect to the conversation appears to prey upen Mr O'Brien ' s mind , lam willing , on the part of the crown , to withdraw my objection to its reception . The Attorney General-But , my lords , I hope it will not be considered as a precedent . Chief Justice Blaokburne—Our opinion is that counsel for Mr O'Brien have a right to adduce evidenoe with respect to any transactions included in the declaration * made by the crown , but this being i matter distinct from the allegations of the crown he is not so entitled . The Solicitor General , however , has no objection . Ton may proceed . Mr FitTt-arald .

    i . xafflination of Mr Maher continued—On the morning of his arrival , a servant came to say Mr 0 Bnen wanted to speak to me . On going to him , he said there were two ; other , wests for whom he thought I was not prepared . He added , * Meagher and Dillon came from . town , and bring the news of the suspension of the Habeas Corpus Aot , and that a warrant is issued for my arrest , whioh they think may have come down by the same coach as themselves . Get us some breakfast , and let us go on our way . There are some friends in Kilkenny whom I would wish to consult . ' I told him I would send mv carnage with them . They , breakfasted , 4 ; je ft jj

    To Act In Conoert With Mr Coxcoming Iawh...

    THE NORTHERN STAR , October 14 , 1848 , — - ¦— ~~^~ ^""^ __ i I I

• Citation
  • Northern Star (1837-1852), Oct. 14, 1848, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/ns2_14101848/page/6/