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    and OtTOtTEyTT 1548. — M - -, -.-. ¦— ^-...

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    •worn: - - The Lord Chief Justioe told h...

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  • Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

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    Having Recited The Provisions Of The 3 &...

    _rr t _nm-Jlorsn . MrJ . Brennan , M _^ Rorke , many _^ v _^^ _Nowdo yoo know any of those persons !—« r _££ «• • I co *** * 1 _identif _- « ° me rf _ihem _> **•* there _W _W _^ _Srs 1 couM not _identifyJf they were to walk ! «"«** _2 urtnow . -Mr Whiteside : Now . sir . the name ' _T r « H-club is not mentioned in tha newspaper , » f . _

    , „ , _-r ,.. .. n r He _spoKs gomgio gauowstnan ! t ! _m 1 any man should lose his life on his account by » nrematore step . He did not say that if he were ? ? « r Daffy's place _haweuld rather forfeit his life 2 2 toe _s _' ' _* ** 1 & n t _* nt ao _- r ° * Der P _^^ ob shonld _Joie f- S life on his account . _^ ir Whiteside . —Did he mt apply that observation < l ta tho rescue of Mr _Dnfiy ?—They were talking S So 3 t tbe bre-Jcfog < mfcof _theins * i * "rectIoB ,. * uid there « « is > general _coMersatioa as to what tbe _elnba W Soul ' - doff the prisoners wera convicted . —Did not _i tfr O'Brien according to your own account , say that t m would rather forfeit his life tbsn that any one « would lose his life by him ; did he not say that after ti ae talk _abut the rescue of Duffy ? _-He said it twice „ _ _$ _& he after the observations as to the rescue ?—I b ; _yfere-I think , 80 . Brien here said

    Mr O' —I beg your lordship ' * parol _joii . I am not familiar with the proceedings of _d courts of justice , but I submit that , as your lordship h tis recorded what the witness said unfavourable to c _oe , you ought also to take down the answers that ti ire favourable to my case . Chief Justice Bb _*& burne : How do yon know that I j am not doing so ? Mr O'Brien : I aid not see your lordship do it Chief Justice Blaokburne : You had better net infcterfere . In reply to an observation from Mr Whiteside , the It learned judge said he bad taken down every word tl that was favourable to the prisoner . Cross-examination continued . —Mr Whiteside : In tthe interval _between _thelSth and I 9 ih , the proe _x clamation against anna was issued . The latter G meeting was held to defeat the ends of the nroclae mation . —Was that what was stated in the

    rec qnisition ?—I look to the effeot and not to tbe words _c ofthe requisition . —Was not that meeting called by i a separate requisition ?—I tell you I didn't see it . ] It was another person who told me tbe meeting was I going on , asd that I should go there . —Who teld you I that ?—A person ; I am not going to tell yoa—Ton 1 mnxt—I won't . —I tell yoa , sir , yon shall tell me—I i won ' t tell yoa . —Mr Whiteside ( _energeticaUj ) : Itell ; you I must have it out of you . —Tee witness ( in a j harsh yet tremulous tone ) : Tou won ' t have it out i of me . —Mr Whiteside ( with increased energy ) : I . _dernaa'i that yoa _ihaU answer me —Witness : Do yen think I'il give up a man to be assassinated by the clubs of Dublin for your pleasure ?—Upon your oath do you _beliete it would be my pleasure that a

    man should be assassinated?—Witness : I put ray-elf under the protection of tbe oourt . —Mr Whveride : Tery well ; do to , and we shall see what the result of that will be . Now tell me the name of the person who sent you to that meeting . —I told yon before tbat I don't mean te give his name . There are certain names I am not going to give , and the reason I wonld not give them to yoa is , that they wonld ta held np for assassination by the clubs of Dublin . Upon my oath { hey would- I know they wonld , because leave been filtering to them plotting and concocting _auassinationi . —Mr Whiteside : See , Mr Dobbyn _, yon shall sot escape under tbat flourish . —Witness : Tery well , Iput myself under the protection of the court . Mr Whiteside . —I insist , my lords , on bis answeriazmyquestien .

    After some discussion as to whether the communication was to be considered a privileged one , Chief Justice Blackbnrne delivered judgment . We bave considered the question , and the remit is , that we don ' t feel ourselves called apon to compel the witness to answer the question . —Did yeu meet your Mend again that day ! I saw him at night . I have seen bim very often since . Chief Justice Blackbnrne . —Waa he the medium of yonr communications with government ?—Witness : ' l think so , my lord . .

    Mr Whiteside . —I voted that night for passive resistance- Mr O'Brien did not vote . —What kind of arms did you see with the Curran Club , and when f —I saw arm 3 with them at the time of Mr _Mitchel' s trial goingin and out of the club room in Capel-¦ treet . I saw them parading through the street , and marching rank and file , carrying arms openly , about ten o ' clockat night , in _Capel-street I saw them coming and going into their club room . No . 93 , at different times , with muskets sometimes , and with pikes at others . —Ton told me there was a handy man of yonr acquaintance that made these things cheap f—Yes ; he ashed me if I would get one , and that the co « t of the material wonld be 13 ) 63 . That man is alive . I believe his house was searched by

    the police —Mr Whiteside : And they found nothing the-e?—Witness * . That showed tbat the police did not attend to the thing ia time . —Were you ever in the north?—I was . —Did you see tbe Orangemen with then * arms?—I did . —Mr Whiteside : I hone yon have a proper respect for them . —Mr Whiteside : You stated tbat at the meeting , which I will call the proclamation meeting , there was eome conversation and you save five different accounts of it . You said first that it was stated the meeting was to be held fcr 'important _purrposes , ' that itwas a meeting to review the clubs , that it was to arrange the clubs , that it was to appoint a sub-committee , and lastly , that it was for fie purpose of electing an executive council : which of these accounts is the true one ?—Witness : They are all true : I understand that the words * important business' include them all . Mr

    O'Brien was not a _repressntative of a dub- He reviewed ths clubs , The council of the Confederation had ceased to exist in form at this time , but in effect it was in existence in the Irish League , which was then in existence and holding its meetings . Ail the members present were disposed to elect Mr Smith O'Brien , but Mr Dillon objected , and said that Mr O'Brien wished not to be elected on the council , as he would be better able to organise the conntry if be were not . The Rev . Mr Kenyon waa not elected a member of tbe council . Mr Gavan Daffy wrote a letter from the prison , requesting that Fathers O'Malley , Ken * , on . and Hughes , together with , some others , should be elected members of the council : the persons present nnanim 6 usly refused to elect a priest , as it was to be a conncil ef war . I swear that upon my oath .

    Several of the voting papers were here banded to the witness , and upon an examination of them it was ascertained that seven votes had been given for tbe Rev . Mr Kenyon . Mr Whiteside . —Now , sir , do you persevere in the statement that it was unanimously resolved in the first instance not to vote for a priest _?—Witness : It was said without any decision being come to tbat so priest should be elected , because the council was for war . —Tbe Rev . Mr CMalley's name is on those voting papers?—But he was not elected . Mr O'Brien ' s name appears once on tbe voting papers , but it was crossed out . I was neither president nor secretary , but I was a member of the Red Hand Club : there was no president—Mr Whiteside : Tell

    me any living man who was a member of that club ? —Witness : Tbe secretary was named O'Callaghan _, bat he has gone to America . I don't think it prudent to give you tbe names of any of the other persons . —Mr Whiteside : So wearenotto gettbenames of onr brother conspirators . ( Laughter . Now , sir , what is your profession ?—Witness : lam a Prolestant—( Laughter . )—Mr Whiteside : You know , bit , I did not mean your religion ; I meant what is your trade ?—Witness : I am a clerk . —Mr Whiteside : Whosent you to thecbibs in the respectable position of an informer?—Witness : The gentleman I mentioned before ; it was in January I first became connected with the clubs . —Mr Whiteside : Did you get any cash?—Witness : On my oath from the time I became connected with the clubs , up to the present , Inever got , any gratuity or money . I _expest nothing but tbe protection of a subject . —Mt Whiteside :

    Then yon are a gratuitous informer . Now , sir , did yoa not obtain admittance into tbe clubs by telling faUebcods , representing yourself as a sincere repealer _, and then entering into a counter-plot , as you have expressed it ?—Witness : I entered into a counter-plot , aadBUCceeded in defeating then * object . — Mr Whiteside : Oh , my good fellow , you have not hanged your men yet . —Witness : I did not apeak p f hanging . I never made any informations , and did cot know that I would be called upon as a witness until a few days before I received the subpoena . I kept nates and memoranda , and gave copies to the crown . —Mr Whiteside : And after this is over don ' t you expect to make a little excursion somewhere ?—Witness : I do not know ; I am acquainted with Mr Halpin , but I don't know where he is at present . The last time I saw him was at the meeting on tbe 21 st , after wbioh they all fled .

    Francis Dunlevy , J . Dowling , Robert Mabony , I Corkran , constables , were examined as to a speech ! of Mr O'Brien , at Enniscerthy , on the 22 nd of July , i Mr Blake , county inspector , Kilkenny , proved that Mr O'Brien passed through Kilkenny en the way to i ( Julian on _the 24 ib . Edward Stephens , a boy about fifteen or sixteen years of age , examined by Mr Lynch . —I live in Kilkenny . ( The witness identified Mr O'Brien after seme hesitation . ) I saw Mr O'Brien in Kilkenny _OQ \ iS day ofthe cattle show , and eaw him go up on the top Ofthe tower of the cathedral . Patrick Corkran , police constable . —I was stationed at Carrick on the 24 th of July last . A -nesting took place in the Main-street on the evening of that cay . I saw Mr O'Brien address the meeting from the _hoose of Mr John _Poroell . He spoke from tbe balcony outride the window . I think there were three ox four thousand pencils present . On appear .

    Having Recited The Provisions Of The 3 &...

    ing on the balcony , Mr O'Brien said he was surprised and delighted to see the large assembly tbat appeared before him ; particularly as he had arrived unexpectedly . He saidhe admired their enthusiasm ; bat the best way he could test the feelings of their hearts was by calling tbem at ence to tho field . He said he was about to be made a viotim to English misrule and English domination ; but there was a time gone by when , if any of his blood ot ancestors were abont to be seized on , no matter by whom , there were strong arms and atont hearts who wonld not allow it . He asked them would they allow it ? The answer from the crowd was , ' No ; never . ' He said he knew they also had strong nerves and stout arms ; thathe wanted neither place nor emolument ; that he had sacrificed near and dear family tiesand

    , that he was then determined with them to sacrifice life , but that waa not the time for _speeohing . Mr O'Brien then retired . Mr Meagher then addressed the crowd . He said when hut he appeared among them he was on business connected with his country , bnt now he was on government business , for the government bad advanced a step lately . He then alluded to the arrest and transportation of Mr Mitchel . He said be was one of the most gifted citizens of this island , and he balked of five others who were equally gifted that were arrested ; he complained of the government for having transported Mr Mitchel ; be said it was by means of packed juries , and I can't aay whether it was bloody or perjured judges ; He said tbat every step tbe government advanced he would advance one to meet them ; that the scenes of

    93 were talked of , but they could only punish them with death , and he was ready to meet it in defence of his unhappy country . He compared Ireland to a French fire-ship , which had sunk only for a moment to rise again into a glorious republio : He harraed them for a repubiie . He said tha ttae was come when they should strike the blow ; it was decreed not here ( Mr Meagher then pointed to the heavens , and said)—not here , but above . He told them he was ready , bnt they should not do anything hurriedly or in a confused manner . He said he would give them a few hours to deliberate and again told tbem be was ready ; after these speeches the people went away . I saw several persons at the window ofthe house , but Idon ' cknow thera . I know John O'Mahony , and I saw him at _Puroell ' _s house at the time ; the crowd appeared terribly exoited .

    Mr Whiteside—When was that paper from which you refreshed your memory written?—Witness : This paper was written _sieca I eame to Clonmel . — Mr Whiteside : Did yeu not give me to understand that those were the original notes whioh yon took of those speeches ?—Witness : I said it was a true copy ofthe original . Mr Whiteside commented strongly on the conduct of the witness in representing the copy of the notes which he had taken as originals . Cross-examination resumed : I am not in the habit of reporting ; Mr Gore Jones was present at the meeting I bave referred to . I stood amongst the crowd , and bad no pencils or paper in my hand . I read over the information against Mr O'Brien this morning . The informations are the originals , as I was obliged to famish them in a hurry to Mr Janes . I afterwards took notes from the informations .

    Mr Whiteside—My lords , the Bpeech of Mr O'Brien is given verbatim from the informations , and it is quite clear that this witness committed it to memory tbis morning . ( To the witness ) : Did you read over the informations containing Mr Meagher ' s speech ?—Witness : Certainly not , as I did not expect I would be oalled on to state anything about that . ( Laughter . ) Mr Whiteside here read the original information made by the witness , wbich did not contain-any reference to the French fire-ship' the bloody judges , tbe repubiie , or the 'hurrah for tbo republic '

    On re-examination by Mr Scott tbe witness stated that he mentioned to Mr Jones , before whom the information was sworn , something about the fire-ship and the repubiie , but tbe information was made in such _histe tbat he omitted portions of tbe speech . If be had time to recollect he could have added many other matters to the speech . —Mr Whiteside : You csuld improve upon it no doubt . John Hamilton , a police-constable , was examined to prove the delivery ef the speech sworn to by the previous witness . His testimony was _corroborative in all essential particulars . On cross examination be admitted thathe had learned Mr O'Brien ' s speech off by heart . The eourt was then adjourned at half-past eix o ' clock until Monday morning at nine . The court was more thinly attended on Monday morning . The following witnesses were examined for the prosecution .

    Charles Vernon believed the letter handed to him ( that written to Mr O'Brien ) to be ia Mr Duffy ' s handwriting . T . O'Sullivan—Lived in Mullinahone , Identified the prisoner . Saw htm thereon Tuesday , the 25 th July , between twelve and one o ' clock . He had been in the town at tbe time . Another gentleman was with him , whose name he heard was Dillon . Heard bim speak to a member of a dab , the number of which _consisted of about 150 . He remained about two hours in thestreet ; thenumbers increased ; saw bim go from one street into another ; met and introduced himself to the Rev . Mr Cahillas Mr O'Brien . MrCahiil remarked that his proceedings were very wrong , and he was totally against tbem . Mr O'Brien

    afterwards stood upon a wall and addressed a number of persons . He said that now was the time for tbe people of Ireland to arise and seek their rights ; that the government was very near a change ; tbat there was a warrant againBt himself , and he hoped tbat the people weuldnot lethim be arrested . They said they would not He also said that Irishmen could hold their own situations in place of Englishmen . Could not recollect anything more that he said ; he spoke 8 great deal . Mr Dillon also spokemostly upon the _samesubject . Could not well recollect what he eaid .- In abont an hour and a half saw him march through the town . About 200 persons walked with him , two deep . Tbey returned to Wright ' s , where Mr O'Brien remained till after

    dusk . _Hundreosof persons were abont the house ; the numbers increased . Mr O'Brien told themto get their arms In order , that he might see the strength of them . Mr O'Brien bad a pistol in his left breast pocket . Others of the people had all sorts of weapons ; between 200 and 300 guns , pikes , old swords , pitchforks , and eo on . The persons who had arms _msrehed . There were many who had not arms . Did oot see arms with the people till after dusk . About three hundred were marching , and the main body was between five and six thousand . There was in tbe latter end a separation of the armed from the unarmed men . Mr O'Brien desired that none should fall into rank bnt those who had arms . Saw some of those who were unarmed eo off . The armed party continued

    in the street the moat part of the night . Saw them go np and down tbe street . There were armed people going about Wright ' s honse . Heard Mr O'Brien give them directions to remain the most of the night to guard him , as he might be arrested . Saw bim next morning _s coming down from Wrightfa te _Fethardstreet . Saw him also go into the police barracks . There were two persons with him . Understood they were bis body guard . Hesrd tbat one was O'Donohue , the other a person Rsmed Stevens . Tbey were armed . _O'ltonohne had a single gun ; Stevenshad " a _doublebairelled gun . Mr O'Brien went to Wright ' s . Saw a ereat number of rpersons going up there . Mr O'Brien stood upon the wall outside the house , and addressed the crowd as before . Abont 200 persons

    were there . Could not hear what he said to them . Mr O'Brien left tbe house abont eleven or twelve o'clock . Saw the people l ave the town with pikes ; they went towards Ballingarry , between five and six Biles off . Saw Mr O'Brien on tbe following day in Mullinahone , coming from the direction of Ballingarry , and leading a body of armed men , a pike in hiB hand , and a cap on . He was in front of tbem , on foot . The body consisted of abmt two hundred and fifty ; the advanced guard consisted of _abaut twenty or thirty . They also were armed ; a person was folding the advanced goard ; he was on horseback , armed with a dafger and a pistol ; be had a belt round bis waiat and a small _swerd or dagger in it ; did not ascertain his name ; he had the appearance of a

    gentleman . _O'D-inohue and Stevens were with Mr O'Brien aod the main body ; tbey were armed in the same way as on the day before ; the man who led the advance guard _halted them at the baker's to get some bread for them ; he got the bread , and the main bodv halted at tLe same spot ; did not hear the leader order bread , but saw bim get it ; the bread was eaten by them on the spot ; they broke ont of ranks and went about the streets . There were shots fired between one and two o ' clock by some of tbe main body ; this was after their breaking ont of the ranks ; some remained in the town , some did not . Mr Smith O'Brien left the town in about half an hour or an honr after he entered it . He went on the road leading to _Carriok-on-Suir ; there were about twenty or

    thirty persons with him . Knew where _Cappage was . The people who left him were armed . Knew Ninemile House . It was in tbat direction . _Csppagewts between Mullinahone and that honse : Mr O'Brien was armed with a pike . They marched tbree deep cut of the town with Mr O'Brien at their head . Tbey came in four deep . Mr O'Brien had left the *< " 7 n when tbe persons fired the shots , Mr Dillon ana 'he man on horseback , and Mr Stevens went with him . Did not see Mr O'Brien after that Thursday . The first evening and on the Thursday they rang the church and chapel bellB . Fires were lighted round the street and the country ; Tbey were lighted oa Slievenamon and the surrounding hills . Noticed about ten or twenty fires .

    Cross-examined by Mr Whiteside ;—I did not count fires . Did not swear before the magistrates that I saw twenty fires . The bread waa bought at Conway ' s . No one was shot in the _towu . I did not join the party _v Mr O'Brien was entertained by Wright , aad bis eon showed him into the honse . 5 , 000 men were there after nightfall . —Mr Whiteside ¦ You ate able to see bestat night , like thecats ? No—Yen have ased the words ' main body , '' advanced guard , ' and other military terms—were you _evsrin the army ? Iwasinthep lice . —Were yon not diimissed ? No . — Were yon charged with taking a document out of a _despatch-box , or putting papers into it?—No ; I re * signed . —Were yon not guilty of some impropriety ?

    Having Recited The Provisions Of The 3 &...

    —No , I was not . —Will yeu go bank into the policei after this trial ? -No .- Since I left the police 5 ? i > Kve beBa * bater " * "' 6 * aed the situation rathe police of my own accord . I was married , but was never married to two women at the same time . David Williams , a head constable , deposed to a _speeeh of Mr O'Brien ' s at Mullinahone , andahoto thefollowiog occurrence : —I remember the morning of Wednesday , the 26 th of July ; I saw Mr O'Brien at eight o ' clook on that morning from the barrack ; he had a stick with a spear on the top in his left hand , and a pistol in his right band ; there were three other pistols in the breast of his coat ; there were two persons with him ; one was a young aan about twenty-three years of age , who carried a doublebarrelled can and a dirk : the other bad

    asinelebarrelled gun , and his name is O'Donohue . Mr O'Brien asked the police for their arms , and I said that we would only give them np with our lives . He then asked me whether I bad not witnessed tbe display that took place on the preceding night , and told me that another barrack where there were BOO police was to be attacked on that day . He then once more advised ns to giva an our arms and go to Callan , remarking that if we did so he wonld place asunder pay . He then asked me what 1 was determined to do , and I said that I would not surrender my arms . He then said he woald give me one hoar to consider , that at tbe end of tbat time be would return with 500 men , and tbat resistance on our part woald then be useless , _Absut half an hour after tbat conversation took place , I and my party left Mullinahone for Cashel .

    Cross-examined by Mr _Fifrgerald . —Mr O'Brien did not stay in the barrack for more than two minutes . I made my informations on the 6 th ofthe present month . Michael Tibin , a peasant , and evidently a reluctant witness , was in the employment of Mr Eiokam , at Mullinahone , in July last . Did not remember the day of the fight on the Common . Had heard ofit . Remembered bringing a car to his master ' s honse . Two gentlemen got upon it . Witness drove them four miles on the road to _Carrick-on-Suir . Below the nine mile house they met a man on horseback . The car stepped , the two gentlemen got off and talked to the man ; but not very long . They then got up again , and they all went into _Mallinahone to his

    master ' s house . It was about ten o ' clock . ' He drove in the direction of Ballingarry , and _tosk the two men along with him . It was about ten o ' clock when tbey set ont . It is about eix miles from Ballingarry to Mullinahone . Met some people on the road , but did not know who they were—could not say hew many they were—they were going towards Ba'lingarry . They were armed with pikes and sticks , bnt did not see guns or any other arms . When he got to Ballingarry , he stopped at the Cross . The gentlemen got off the oar , and he saw them go into a crowd of persons assembled near the chape ) : Tbe disfanco between the cross and chapel was abont 100 yards . They went np to the crowd , and be saw other gentlemen in the crowd at the same time .

    Mr _Sausse , in continuation—Do you knew Mr O'Brien ? -No , I do nol . . Turn round to the dock and point out if yoa see him : The witness tamed accordingly , and directed a long and stesdy gazs towards the gallery at the rear of the dock : Mr _Sausse . —Don't look to the baok of the courtlook tothe doek , and tell me if you ever saw or knew the gentleman in it before . The witness , with eome hesitation , towered his eyes to the dock , and after a pause replied , —No , Sir . To the best of my knowledge I never saw any of ihe men there before . Mr Sausse . —What men ? Witness—The man there , Sir—I never saw him , to thB best of my knowledge . Mr Sausse . — Whom do you say you never saw before ?

    Mr Whiteside objected to the question . The witness was called by the orown , and they could not press him with the question . The Court ruled that the question should not be put . Examination continued . —Did not know the man whom he drove in the car . He heard that the men ' s names were Cantwell and _Dsssghae . Remembered , when driving towards Canick , tbat he met _Bianami ' s car . Mr _Despard , the magistrate , was there . Something was Baid aa they drove past the car .

    Mr Whiteside objected . His learned friend could not ask any questions as to wbat was Baid by people on a passing car in evidence againBt his client . Tbe Lord Chief Justice directed Mr Sausse not to pot the question—it _conld sot be admitted . Examination continued—Some one shouted on the car as it passed . ¦ Th e witness was not cross-examined . -William Egan ( an elderly man , with the appear ance of a small farmer ) sworn and examined by Mr Lynch—Where were you employed last July ?—I was employed in Ballingarry , as steward of the outdoor relief works . —Do yoa know Mr O'Brien ?—I believe I do , Sir . —Torn ronnd , and tell me if you see bim ? Look at the dock . —The witness turned slowly round , and , after a long pause , said , in a faltering voice and with great hesitation . ' I see the man , Sir , that was

    said to be Mr O'Brien . ' The examination , tbe replies to which were elicited very slowly from the witness , was tben continued—He bad seen the gentleman in the doc' * . last July , in Ballingarry , but had not noticed him entering the plaee . He was in tbe main street , and was accompanied by several persons to whom he was speaking . The people were coming from the Cross , and going towards the chapel-yard ; Saw Mr O'Brien with them . They were coming from the direction of Mullinahone . Conld not say if Mr O'Brien was armed or hot ; there was an appearance as if he had a large pistol in his breast , bat he conld not swear to it . Mr O'Brien addressed tbe people at theobapel gate on the wall . Heard some of what he said ; be wanted to know , if the people wonld stand by him if the police were going to arrest him . Sid not hear him say anything else whioh he conld be sure of .

    : Mr Whiteside objected to counsel pressing the witn wb , after snch a statement , as to what was said by Mr O'Brien . The Lord Chief Jastice ruled that the question shonld not be pressed . Examination continued—Mr Dillon also addressed tbe people , bnt he conld sot in justice pretend to say be remembered what the gentleman said . When the speeohes were over Mr O'Brien wentinto the chapelyard . He said he wanted so many of the people as a guard . Did not see any of the people come ont in consequence , or act m a guard . Did not see any of them armed on that occasion .

    John _Cavanas-h , examined by the Attorney General . —Lived at Ballingary . Kept a linen and woollen shop . Remembered same gentlemen coming to bis house on Wednesday , 20 ; h July , abont fire or six o ' olock in the evening . There were six or seven of them . Had known none of them previously : did net know any of them now . The Attorney General . —Turn to the dock , and say if you know either of those two gentlemen standing there ( Mr O'Brien , and Mr Straban governor of the gaol ) . with and most evident relnot

    The witness , great _- ance , looked to the dock and said , * I never eaw them to the beat of my belief . ' The Attorney General . —Will you swear you don't know either of those gentlemen , and never saw them before . ( The witness hesitated ) . _ Will you swear that on the virtne of yonr oath , sir ? ; Mr Whiteside . —I object to the Attorney General examining the witness in this way . He has no right to address bim in that way , as he has the crown witness before bim he should examine him in the usual manner . ' .. . . ' - The Attorney General—The question is quite regular . ( TothewitnesB ) . ' I ask you again , Did you ever see either of the two gentlemen in the dock before ? Look at the front of the dock : Did you ever see tbem , or either of them , before ? Not to the best of my knowledge .

    The Attorney General—Do you swear tbat on yeur oath , sir ? ' ' _Afr Whiteside—Really , my lord , I muBt object to this oondaot on the part of the Attorney General He first asks the witness if he knows my olient ? When he tells him he does not to the best of his belief , he asks him again and again if he will swear it on bis oath . .. The Lord Chief Jastice—Mr Attorney , I think you have gone as far as you can . The examination was resumed—There were six or seven gentlemen . One or two came firat , and the rest followed after : Tbe first oame about five or _ _six o ' clook , but he had neither a clock nor a watch : The first was not there more than two or three minutes before the next . The others be thought came in

    together . They remained for the night in his house . They eat and drank there , but he was not in the room at the time . They were in a room upBtairs . Me went up once in the evening to aee what they ware aboat . One or two were on the bed , the others -sere standing about . A dinner waB prepared for t _** em by his wife and maid-servant : it was not prepared before they came . They had some pork and beefsteaks . Did not know wbo ordered it . It was broad daylight when they came in . They did not stop in the shop , they went in and took possession . The Attorney / General . —Did they go into your house without asking : your permission ? I believe

    one of them said , ' 1 will be your guest for the night . * Mr Whiteside objected to what , those five or six men said on the occasion being evidence against the prisoner , unless he was proved to be connected with them . The Attorney General would produce evidence to show who those five or six men were . ( To the witness ) . Did yon know the gentleman who aaid he wonld be yonr guest for the night ? No . —Would yon know him again ? I think not , as I was in a great agitation at the time . Saw no arms at the time when they came in , but saw some in the evening in a man's hand , it was a gun ; one went ont at one time and another at another time . Tbey went through the shop ; Witness was in the shop at the time , bnt

    Having Recited The Provisions Of The 3 &...

    he should not know them again . He stood behind hiB counter . At one time he looked out of his shop asd Jaw » great many people more than usual ' m the town , but he could not see whether tbey were armed . He was not near enough . It was about an hour before the gentlemen came to his house that he saw the people . He remained in big shop all that sight . He abut up his shop thit night himself . The shutters were pnt up outside ; When he was putting up his shutters he saw no people in tbe town . Did not see what the gentlemen were doing whilst in his house . There were only twe bedrooms in the house . They were in his own ( witness ' s ) bedroom that nigbt . He himself remained up all night . The o _^ her was the servant ' s room . The next morning he saw those

    gentlemen leaving . Some went out a 9 early as five or six o ' clook . They went through the shop . Some of them breakfasted there next morning , but he did not take up the breakfast , nor did he prepare it . He did not see any of them return . They might bave returned without his seeing them , as he wbb busy about his own business . Some of the gentlemen left about eleven o ' clook . Remembered a party" of gentlemen subsequently _coming to his house . He thought it was ob Friday evening . Recollected hearing of the row on the Common . It was that

    Friday evening before the row be was speaking of . Could not say whether , the gentlemen who camo on that occasion were the same as before . He did not know tbem . They came about four o ' clook into his shop- tbey did not go _apstairs . Those who were thereon Wednesday evening did not leave anything He did not remark when they left on the Thursday morning tne gun he said he saw in the hands of one thera in the eren ng ; Tho Attorney General—Were you paid for that acoommodation ?

    Mr Whiteside objected to the question . No faot _wasevidence hi this case which was . ' not relevan t to t he issue . This was the rule in civil oases , and , as Judge Foater said , pressed with tenfold force in a criminal case . _, The Lord Chief Justice ( to tbe jury ) . —Nothing is _evidence against the prisoner unless it is proved tbat he was connected with it . The examination was then resumed .-When they left they bought some stockings of my wife , and threw a _sovereign on the counter .

    The Attorney General . —Were any of tbe gentlemen who came to you on Friday evenint * tbe same aB these who were at your house on Friday ? I think not . —Are you positive certain of is ? I am not , for I was greatly agitated that they should come to my house a second time . —A juryman : Why were you agitated the first time ? That tbey should come into mv house at all ' . —Tou did not know them ? Did you think they were soing to do any harm ? . I did not like tbat they Bhould come into' my place . —Did yon ask them to go out ? No . —Why not ? Beoause I was afraid . —Why ? _Thsre was a mob outside . — Did you understand tbe occseion of there being : a mob outside ?—I heard the people say the war was kindling . Mr Whiteside declined cross-examining the

    witness . A juryman—We wish to know whether the mob outside bad done anything to make you agitated or apprehensive fer your safety ? No « -Witb respect to the first time , when tbey left they gave your wife a sovereign—tben why were you agitated on tbe second occasion ? I wished them not to come into my place at all . I told tbem so , and tbeysaiditwasso difference . Mary Egan , examined by the Solicitor General-Lived with Mr Cavanagb , of Ballingarry , as servant , in July . Remembered eome gentlemen coming to her tnaster ' _sjhonse on the _evening of Wednesday , the 26 th of July last - it was not very long before dark . Was sot at home when tbey first came in . First saw

    them in their bedroom . They got some dinner there Witness took up the dinner , but they were not in the room at the time ; they might have come , but sbe did not see them . They had the dinner in the parlour ; that was upstairs . There were three rooms upstairs ; two were bedrooms , one was Mr and MrsCavanagh's , the other was for anyone that came there . They let lodgings . _WitneiB cooked the dinner ; but , faith , she could net say how many dined there . She laid plates for eight . Itwas by daylight they dined . Did not see whether there was a person for eaoh plate . Merely left the dinner on the table . Cleared the room after dinner . Tbey were in tbe room , but _witnesB did not see tbem go ontafter dinner . They slept in the room

    thatwaslet . Her maBterand _miatreea slept in their own room on that night , but she did not sea tbem . Wbb up in the morning before they left . She herself slept in the kitchen . They bad their breakfast in the morning in the same room where they dined , upstairs , but could not Bay how many breakfasted . Did sot count the cups and saucers . Did not go into tbe room whiht they were at breakfast , but took away the things after they had done . They were not in tbe room at the time . Did not know any of the gentlemen . Did not see any of them come baok on the Friday night . The witness was directed to look round and say whether Bhe had seen Mr O'Brien before . Sbe looked at the dock and replied , ' I never did to my knowledge . '

    The Solicitor General—Did you see any armB with any ofthe eight gentlemen r I did not . James Norton , a farmer at Ballingary , deposed to circumstances conneoted with the outbreak at that place , but did not identify Mr O'Brien . George Sparrow , a youth about seventeen , ' gave strong evidence against Mr O'Brien , Mr Dillon , and Mr Meagher . He swore that these gentlemen headed tbree armed bodies , drilled tbem , and in other re Bpeots aoted aa the commanders of an armed force . Cross-examined by Mr Whiteside : I lived at the Cross with my father-in-law . I have no business . My father-in-law is in the police . —Do you expect _anjthing for your evidence ? I can ' t say . —Do you expeot anjthing ? I have not got it yet . —Do you expect it ? " Ican't say . ( A _hias in the gallery . )—If a piece of good luck await you you won't refuse it ? Perhaps you will be sent to a more flourishing country than Ireland ? I can ' t say . —Well , tbat is all I oan expect from you .

    John _O'Dsnnell , a respectable _loooking farmer , waa then called forward , and made his appearance on the table . When the book was tendered to him ho exolaimed with energy . 'No , I wont be Bworn ; if I were placed before a rank of soldiers not one word would I speak though twenty bayonets were to be driven into my heart . My brother is one of the prisoners , my lords , and I could never go back to my own bouse again with the badge ef an informer on m ; breast . Tbe Attorney General . —You will not be asked to give evidence against your brother . O'Donnell . —I don't . care , Sir ; directly or indirectly I will give no evidence .

    The court ordered his committal to prison . [ When he refused to take the book ,. and , folding his arms looked npon the court , a decided sensation was made upon the audience , but there were no murmurs of approbation or any attempt at applause , ] Thomas Burke identified Mr O'Brien , and deposed to seeing him at _Ballingatry armed , and taking a leading part in directing the people who were also armed . Cross-examined by Mr Fitzgerald . —I went myself witb the people on tbe Wednesday , but not on the Thursday . I am a summons server at the petty

    sessions . I have been kept in tbe custody of the polioe since these event ? . I made two informations . I was brought to Dublin and kept thera till lately . _Nobsdy told me that I would be pnmeouted . I was taken prisoner at Ballingarry . I got nothing for coming here , and expect nothing . I was in custody when I made my informations . I said nothing in either of my informations abeut the proposal to burn the house . Although there is nothing in them abont a man being shot , I swear that I told the oiicumstanoe to Mr Goin ? . I did not mention anything about the drilling until I came here .

    J . _Walshe wbb examined by the Attorney General , and exoited considerable amusement by the inge nuity with which he endeavoured to parry the learned gentleman ' s questions . He was a most unwilling witness throughout the day . He lived at Kiilenaule , and was , among other things , a hotel-keeper . Recollected that towards the close of July some gentlemen came to his house late at night , and saw some of them on the following day . Had never seen any of them before . Recollected a gentleman _stepping at hiB bouse four or five days before that . Did not know if that gentleman was one of those who oame late on the night in question . —The witness , on being asked to look at the dock and say if he knew tbe gentleman there , said , 'I don't know who he is . '

    The Attorney General . —Which , of the gentlemen are you looking at ?—The one . next me . I know the gaoler very well . ( A laugh . ) Did you ever see ths otber gentleman before ?—I don't know whether I did or not . Was net _near-Bighted . Saw some strange gentlemen about bis house in the morning . That waB the morning of the barricades . The bill was paid-13 s . 6 d . ; but he did not know tbe person who paid it . Did not reoolleot that another party came to his house after tbe other had left , Remarked , tbat one of the strangers wore a straw or chip hat , A driver of his , named Cashel , took one of the gentlemen from Kiilenaule . but witness could not say which

    way he drove tbem . When he heard ofthe barricades and of the army coming , he abut up his shop and went away . Saw a carbine in his house , but oould not say who brought it there , or to whom it belonged . Sawan armed man with a email gun in his hand _outsido his house that night . Believed hit name was Archer . There was another mas outside with arms alto . That was before he heard of the barricades . Had seen Doheny about two years ago , but not since . A peasant , abont twenty-three years of age , named Richard Kee , was then oalled as a witness , and came forward to the table , but refused to be _¦¦¦ -

    And Ottotteytt 1548. — M - -, -.-. ¦— ^-...

    and _OtTOtTEyTT 1548 . — - _-, _-.-. ¦— _^ - , _iTHJE _NORfrffE lt N _fTAR . 7 _^^^^ - a _^^^^ m _~** m _^^^^ _^^^^^~~^~ mmm m ~ ~ _> _...- _¦ _¦¦¦¦ ¦ ¦ -- — - _* . _, i _.. _^^^^ t _^__^__^______ _^^_\^~\^^ k _*^^ -r _»^^^^^___\^_ _ f _^_\\_^_ W _^ k \ a \\\ a \ __^_ _^

    •Worn: - - The Lord Chief Justioe Told H...

    • worn : - - The Lord Chief Justioe told him _thstsuch conduct was a contempt of court , and if tenia tod in he must be committed . : ! _U The man , however , _etill refused to take the oath , ! and was accordingly committed . William Parsons , a private of the 8 sh Hussars , examined b y Mr Scott—Was marching on the 23 th of Jaly with a troop of forty-five soldiers , under Captain _Lonamore _, from Fethard te Kiilenaule : Was in

    •Worn: - - The Lord Chief Justioe Told H...

    IS ? ° 1 tbe oi _}** - Met w ' -he obstruction of _litT _^ rf _« ta ** _^ 8 villa Be _of Kiilenaule . It 6 W men tbere . There was a _second barricade about twenty yards _beyend the other . On arrivTnK at the brlsou HeVn _* . * _£ , _" , _?> _*» W blow his orains out , tie halted _uniil h s captain came uo . Tbe _Peopleabout te barricade said _'SJ woSd S all the b--y Boldiew . ' The man with the rifle said so . Has . sun that man since . He is now in oustody _. and i named Orchard . Heard nothing after the captain came up . It was between nine and ten in the morning when he _camu up to the first _barr-oade At the end often minutes it wan removed . His information was produced and read . No statement , however , appeared in it of the man threatening to blow out bis brains , or _killing the _b- ~—v soldiers . s J

    Mr Whiteside commented rather severely on this omission , The Lord Chief Justice said , that such observations ought not to be made . Another private of the 8 th Hussars , examined by Mr SauBBe , gave similar evidence to the last witness . _Caotain Longmore , ofthe 8 th Hussars , examined by Mr Lynch , proved meeting with the barricades-He rode up and told the prmon he saw tbat unless the barricades were immediately removed , he should feel it hia duty to fire . A man , rather tall and sallow , respeotably _dressod _, but without arm * , oame

    forward from the barricades , and Baid he understood the _trosp was merely passing through the town , but that the people were determined to resist the arrest of Smith O'Brien , who was then in tbe town . He asked witness if he had a warrant to arrest bim ? To whioh witness replied , ' No . ' Nothing further was said , and the barricades were ordered to be removed—tbat was by tbat person ' s direotion . They were removed , and tho troops passed through . W . Cashel _,, examined : Knew Mr Walsh , the hotel-Keeper at Kiilenaule . Was in his employment as driver . _Reoolleotfed the Friday upon whioh the barricades were erected . Drove gentlemen on a car from hiB master ' s house ; three gentlemen were on the car . Did not see any pistols . —About what time did you leave your master ' s house exactly ?—I don't know . ( A laugb . ) -Where did you take those three _lientiemen ?—Witness -. I went up to tbe commons

    with them . The gentlemen get off tho car beyond tbe pound . Went from the bottom of the bill to _Ballinastick oross . the gentlemen went up to _Knockadili . _Tierney's bouse was a few perches from the cross . The cars came tbe Ballyphilip road . Tbe three cars went upon tbe commons of Ballingarry . Tbey stopped on the road opposite the widow Glacken ' a . Could not tell where tbe gentle men were the night- before . Tho gentlemen were , of course , in hiB master ' s house that morning . Would not kuow any of the gentlemen . Could nut identify the prisoner . Heard it was Mr Smith O'Brien . Did not know whether he was there or not . Attorney General—That is not Mr Smith O'Brien at all , I suppose ? _( pointing to the dock . ) Mr Whiteside—I object to such an observation iB a caoital case . It will be read with astonishment that such a remark has been made .

    Witness—I went home on Saturday evening . I heard shots fired before I left the village , in the direotion bf the Widow M'Cormick _' _s house . When I left the gentlemen on the road near the Nino-milehouse I never looked back to see where they went . It is a distance of about a mile and a half from tbe Widow M'Cormick ' s to Ballingarry . —Cross examined by Mr _Fitzgerald—The widow M'Cormick's bouse is about three miles from the commons . William Penlook and J . Pemberton , employed at the collieries , hear the Common , deposed to circumstances oonnected with the affair at widow Cormick ' s .

    The Crown Solicitor then called the next witness , John Lamphier , who oame upon the table . Mr Smith O'Brien , addressing the Court , said-After nine hours' sitting , I think it iB a great injustice to my counsel and to my case to Bit any longer to- night , i It deprives us of the opportunity of consulting in the evening , and it is moat _harraasing to my counsel , who oannot , under such _circumstanoes , do jastice to themselves or to me . It is past six o'olock now . The Attorney General—The examination of this witness will take Borne time .

    Chief Jnttice Blaokburne—Let the Court be adjourned to nine o'clook in the morning . Mr O'Brien—I beg publioly to offer my thanks for tbis concession . On resuming , at half-past nine o ' olock on Tuesday _morning evidence was given as to the affair on Boulagh Common—at Widow M Cormick ' s . Jobn Lamphier examined by the Attorney _General . —Witness lives at the Commons of Boulagh , and is a pay olerk in the employment of the MiniBg Company of Ireland . In tbe early part of Friday evening , the 28 th of July , witness was on the _concerns ofthe company , when he saw three jaunting cars pass by . They stopped at a public-bouse kept by Thomas Sullivan . There were from eight to ten

    persons on the cars . The prisoner was on one ot the oars . Afterthe _oarsatopped , Mr O'Brien walked out in the road , and addressed the people who were assembled , to the amount of 200 or 300 . He told them that there was a warrant ont against him , offering £ 500 for his arrest ; that if tbey would protect bim and arm , Ireland would be free in a fortnight . Some of the people said they bad no arms , and Mr Smith O'Brien said stones were very good woapons to those who had no arms . Next day , between nine and ten , on the Saturday morning , witness again . saw Mr O'Brien . He wbb then on tbe mad . Tbere was a great many people with him . Most of them were armed . There might be about one hundred altogether . About twelve o ' olook Mr

    O'Brien walked into the yard of the mining concern . He asked who waB in oharge ofthe concern . WitnesB said that he was . He said he came for some carts and boxes . Thore was then a cart inside the gate . There was a small boy walking after him at the time . He said he wanted the carts and boxes to throw up a barricade across the road . Witness said he would not give them . Mr O'Brien said he would take them by force , and ordered a man who waa standing by to wheel away the cart , but tbe man refused . Mr O'Brien then commenced to wheel the oart himself , but be only removed it a few yards . At this time about 000 people bad collected within fifty yards of the gate of the concern . They were shouting . Mr O'Brien then left the

    yard , and went to the crowd outside , after whioh a number of people that were not armed came into the yard and commenced ringing the workmen ' s bell . They continued ringing about a quarter of an hour . The people outside commenced to erect a barrioade on the road leading to Ballingarry . They completed its erection . The barricade consisted of a ladder , some boxes , sticks , and stones , as well as witness could see , he being at tbe time more than 100 yards from it . ' It was about four feet high . The people then marched up and down the road shouting . Most of them were armed with pikes and guns . Mr O'Brien had a pistol in his hand when he came into the yard . The people remained at the barrioade about an hour . They

    then went towards the Widow M'Cormick's house . Before that witness saw a body of polioe come up the _Ballingarry-road , as far as _Soott's-crosB , When they got there , they turned off to the right towards Mrs _M'Cormioks . Witness saw Mr O'Brien going through the fields with the people . As well as witness oould tee at the distance , the polioe got first into Mrs M'Corraiok ' _a house . The _people shouted as they went to the _houBe . Witness heard firing abaut a quarter ef an hour after the party got to Widow M'Cormick ' s . _^ -There was about 500 people then about the houae . There were also a great tr any people on the hills around , but witness conld sot see whether they were armed . Later in the day , absut an hour and a half after the firing , witness saw another party of police coming from the

    direction of Kilkenny . In _croBB-examination by Mr _Whitesido , tbe witness said he remembered what he did remember of tho speeches aa well now as he did the day after . Witness intended to oontinue in his office as long as he could , _Witneu had seen a good deal oi polioe life lately , but he preferred his own . There was no injury done to the company's property . The cottiers were anxieuB to proteot Mr O'Brien from arrest . There was about _SOlbs of powder on the premises , but there was no attempt to take it . Witness was not personally afraid when tbe crowd eame round Mr O'Brien . Witness never did report _upeeches , and took no notes , not a scrap , of Mr O Brien's epeeoh . The- people of the village illuminated tbeir houses that nighs . Witness went to bed that night and slept .

    Mr Whiteside . —What ! on the eve of a revolution 5 —Witness : Yes . Owen Cullen in the employment of the same company , testified to _having seen Mr O'Brien , conversed With him , and identified a letter whioh Mr O' Brien sent through the witness to the Mining Company . Mr R . Purd _, secretary to the Company , _'also identified the letter . Sub-inspector T . Trant , examined by Mr Sausse : I was stationed at Callan in Jmj last . On Saturday the 29 th of July , about nine or ten o ' olook in the morning , I set out from Callan , and arrived in Ballingarry , between twelve and one . I had fortysix men under my command . ! After . I had passed through Ballingarry , I saw crowds , following mo and crowdB passing through the fields on my left .

    When I had advanced about two miles beyond Ballingarry , towards tbe Commons , Iob ? erved great crowds in my front , and coming down from the hills , and shrill whistling . I met with a road to my right , and supposed that it led to Kilkenny . I wheeled the party along the road expecting that we should be reinforced by polioe from Kilkenny . I _escendea tne hill nearly a mile . The people wero gathering from different quarterai and were , endeavouring to surround us , which they had almost succeeded m doing when he oame in sight of the slate house . Some of the people were armed with pikes or guns , bnt I cannot state what number . I ordered my men to break and make towards the slate house which was two fields from ub on the right , and if they were refused entrance to smash into it . The men rushed

    •Worn: - - The Lord Chief Justioe Told H...

    towards the house and I _foilowc-u tbem . Jmtas I had given the orders for the men to break a shot waS fired to my left . I turned and saw the man who fired it with the suvhe about him , _ab-uteighly or a hundred yards from ub . Most of the people _wereaJl _running with tbe view of setting between ub and the house to cut us from it . My men got into the house , and I then directed tbem to turn all the loose things they could find against the windows and _tosecure the doors , Wben we were in the aot of fastening the _dours the houBe wbb surrounded . I gave the men _direction to guard every post ; and 831 was ascending the stairs to sec that the upper rooKs were guarded also , a mice from the rear called to see' the officer . I west to the window and saw a man who was unarmed putting up his hands . He oried out , 'For God ' s sake lot there be no firing , we want to make peace . ' I

    replied , ' If the people did not fire we would not fire ; but tbat if a shot was fired from without , we would fire as long as a cartridge or a shot remained . ' Ihe next thing I heard waB a voice from below , sayin ? , ' Tell Mr Trant Mr O'Brien iB within ; ' thia was called up to me by one of my own party . I went down to tha window where I bad been informed Mr O'Brien had been , but he bad disappeared . I went up stairs again , and was again informed that Mr O'Brien waB below and wanted to see me . I replied' 'If so let him come to the window and I wUl see bim . ' He did not come . Immediately after I heard a crash oi stones , and tbe windows were smashed . I instantly gave orders to fire , _and the firing commenced . The firing continued about an hour from the first shot to the las * . After it had gone on for a considerable time the people did not appear to onr front or our flank , and we had no command of the rear , from which , we were cut off by tbe out-offices .

    The witness on being pressed , stated his inability to _uay how many shots wore fired by the people . From firat , to last , the firing continued about an hour . After the firing bad gone on for some time the people disappeared from the front and sides of the house , but there were still shot * irom tho rear , which the pwty could not command . There were about 3 , 000 persona altogether when the polioe made for the h ; use , or _nbout sixty-five to one . The people had possession of some houses in the rear , and witness heard a double-barrelled gun frequently fired . The shots Irom the outside commanded the lobby _window , raked the Btaircase , and forced through the front window . Mr Whiteside—In point of faot , waa not the proclamation offering £ 500 received that morning in Callan _?—Witneas : Yes , bat not opened by me . Had gone to Ballingarry , according to order , before it arrived .

    Witness—I did not hear anything of the reward until Mr Cox came up and » aid tbey had let £ 500 slip through their fingers . There could not be less than 3 . 000 people present . Tbere were about 500 persons from the raining district . It was impossible to say if they were all armed . Saw about three women about the house while the fi ring was going on . Police coBBtabie Cornelius _Mnhony _, examined by Mr Ljnoh : Was one of Mr Trent ' s _porty at _Furrinr . ry , Waa in the parlour on the ground fljor en the left Bldo as he entered tha house . Abuut eight or teB men wae wiih him . After he went into the parlour the people

    surrounded the houae . Observed a man with a military _osp gtt in out of a pasture field to a cabbage garden _. Come down by a ditob till be came to an office _oonreu _' _eat to ths window . A _pereon came to the window on that occasion . The man who first came to tbe window was dressed in a flannel jackot . Be was armed with a _blunderbues . Ee asked chem to give up their arms , Tlure had not at tbat time been any firing . Chief Jastice Blaokburne . —What happened _afserthatl _—Witness : Mr _O'Britncamo to tbe window (" identified prisoner ) and stood at it . Tbe window was opsn . The upper part wai let down .

    Mr Lynch . —Did Mr O'Brien say or do anythingstate what he said f— Witness : Hoi Bid he was an Irishman and a soldier , asked them to give op tbeir arms and be wonld protect tbeir lives . He said he would give them fireminutes to deliver np their arms . He said nothing further . They told him they would not . Saw no arms with Mr O'Brien when at the wladew _, but saw arms with him before tbat , Polioo constable Moran examimd by the Attorney General , —Waa one of tbe party who accompanied Mr Trant to Widow M'Cormick's house . Was in the parlour on the ground floor en ihe left _geiog in . Knows Mr S . O'Brien , and saw him while he was in the parlour . He

    _hed ' _hii baok against the front wait of tbe house . Ha had not arms at the time . Immediately after oae of tha men went up to tell Mr Trant that Mr O'Brien was below , but when Mr Trant came down Mr O'Brien hai disappeared . When Mr Trant left tbe parlour , Mr O'Brien returned and planted himself in the position ba was in before . He tben got up on the _wlndoweiii . Mr O'Brien said , ' We are all Irishmen ; I am Smith O'Brien , as good a soldior as any of you . ' He then de * mended their arms . The answer ho got was , ' We wUl pare with our lives before we give up our arms , ' lb O'Brien on receiving tbat answer seemed disappointed- ; he got down from tho window-ill and said , ' Slash away my boys , slaughter the whole of them . '

    Mr O'Brien ( lo witness ) . —Don't yon know yoa an swearing falsely when you iay that _?—WitBeas : No . Mr O'Brien . —Torn round , and let me see your fact when you are swearing that . The Attorney General . —took to the jary , sir . Witness .-Mr O'Brien had oae foot off the windowiifl wben he said tbat . After Mr O'Brien said that , heard firing from the outside . Attorney General . —How soon after you heard tbe ex * pressionfrom Mr O'Brien did you bear the firat shot ! - ** Witness : In aboat a minute . Attorney General . —Was it a single shot , or shots from a cumber of guns ?— Witness : Tbere were two or three _fl-ed together , but could not exactly say . Arthur R _jbiasoD _, Patrick Forde , end George _M'Donagh _, police constables , were examined to back np H » r-n ' g statement as to Mr O'Brien saying ' _Siatb away , my boys , and slaughter the whole of tbem , ' wbich they all positively swore to .

    Constable Carroll , whose hone Mr O'Brien took from him , and used for a short time , was then examined at to his share in the transaction . His statement , however , was a mere repetition of what has appeared ia ( ha newspapers already . J . Cox , Sub . Inspector of Polios , was then etamlnedaa to bis share in tbe effalr at the Commons and corrobo rated the general evidence formerly giren on _tbatsafcjest * Mr Whiteside—Are you tbe gentleman that _rcgrett-fl tbe £ 500 . lipped throogh yonr fingers ! Witness : S * was never In my fingers . —Mr Whiteside : But Mr Treat said yoa regretted it was not in your fingers . Chief Justice Doherty—Mr Whiteside , Mr Trant did no ? say he regretted ; he only stated the faot .

    Mr Whiteside—Ob , thank your lordihip . But job would bave tried for it ! Witness : It is very likely I would . —Mr Whiteside : Tou wonld not have ran into the house ! _Witness : Ob , I cannot say what I would haw done . —Mr WbitesUe : Yougave tbe orders to fire first Witness ; I did , —Mr Whiteside ; Tbe people wera principally armed with pikes and pitchforks ! Witness Ten . —Mr Whiteside : And at the distance of seventy yards , whether would you prefer the pitchfork cr thi policeman's carbine ! Witness : Oh , I would prefer Oa carbine . —Mr Whiteside ' . I have one question more t » ask you . What is tbe name of the man you sent for lb O'Brien ' s portmanteau ? Witness : I sent no mas for the ' _portaent-fau— Mr Whiteside : Well , what la tha name of the man who got it ? Witness : John Norton . — Mr Whiteside : Is he alive ? Witness : I saw bim _faera . —Mr Wblteride _; Oh 1 then you may go down .

    The Crown then proceeded to render more perfe-t ths evidence given on a former day with respect to tbe delivery of Mr O'Brien ' s psrtmanteau to Inspector _Ct-x . The evidence adduced by tbe Crown on 'he former occasion with respect to thia point merely showed that it was da * livered io Mr Cos . On this day th < - man in who * e ! erase it lay in Caehel , previous to its _tranemiedon to Mr Cox , was produced , bat _coald merely aay that his boy brongtt it to his house , and the boy proved that it was taken froa the house of Mr Doheny with his farniture ; it was leftia the kiln of a Mr Littleton , from whence it was brought by witness to his master's hou « e _. Some documentary evidenoe , including papers found in Mr O'Brien's bag , were given in evidence .

    Tbe C . _t-rk of the Crown , by tbe direction of the Attorney General , proceeded todeseribe those document * . Tbe first paper appeared to be the tracing of a country there was Kiilenaule en tbe bead ef it . There seemed to be a road traced down to the Common . Then these was a road eff to the right of _Uriingford and to Fresh field , at another point there was another roid to tha Common , _fiew Birr was en it , and tben Thurles , anl towards the left a road to Mullinahone ; in the centra was the road to Ballingarry . On tbat road I think there is a tracing on until it comes to Eilmansgh , and tbere is a mark hers for tbe collieries , that is all . Chief Jastice Blaokburne ; Now read the other _.

    Clerk of tbe Crown : This is another pescll tracing on wbich tbe names are very indistinct . Upon the bead is a _phce called Dnrrah ; tbere is a straight lira tben down to a central point , not particularly _taavkee _" _, and I don't know wbat it is . Tbere is another line called _Lisdonncy and _Ballygrag ; there is _anctharlintte Fr < thford -, another line to Goolen ; another to the Com * -sons again , and to _B-Hingarry ; tbat is all . Attorney General : Now , my lord , we will proceed to read the letter which I stated was f « und iu the portmanteau . It ia Irom Mr Doff ; to Mr O'Brien , and was proved to be in tho handwriting of Mr Daff y .

    Mr Whiteside submitted that it was perfeotly plain , t * y _tbeevideace given tbat day , that this letter ought tote rejected . He grounded this opinion on the remark f * y Lord _Eiienborough in Hardy's caie , which was , theft where doubts existed in coses of this nature , they ought _toba given in _bermlf ofthe prisoner . The objection whioh hehad formerly _ontertaintd towards the reception of this document was strengthened by tho evidence _joeft given , tbat the trunk had been a long time out of Se O'Brien ' s possession , and its custody had been leose beyond all belief . It had been thrown into a lime . klln ; it had been teased about In . Norton's honeo for day * This was sufficient to eh 6 W that any ' . mount of documents might bave been surreptitiously put into the trunlc _,, One of the _dtteottm bad proved—he ( Mr _WhitesW _* should never forget it—where 400 documents were fount ! in bu open press , n place where they had evidently beew put for deteotlon . Who was to assure hira that soma of those papers had not been put into Mr _O'Brh-A

• Citation
  • Northern Star (1837-1852), Oct. 7, 1848, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/ns3_07101848/page/7/