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    October 14, lb48. THE NORTHBkN STAR. 7

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    Became.Visibly, Moved, Snd For The; Firs...

    an hour .. The next day I projected to take Mr O'Brien to see the _^ harbebr at Wexford , and eome _buxUbat was is _prosre-aof valuation .. . . _ To the _Attorrey General—I was not by when he got out ef the coach , and did sothear hira make any speech . He had a large portmanteau with kira . I aidnot expect either Mr Dillon or Mr Meagher . Mr O'Brien said he was going to Kilkenny . Henry Cotter , _reporter to the Fesjiub ' b _Jotjbhal , _pioraft : * u _% port of a speech by Mr O'Brien , in which he _rttaal that the legislative independence of Ire

    bnd could : never be obtained by a nation of place hunter * , bnt by the combination of Protestants and Catholics . - Biobaid Barret , editor of the Pilot newspaper , said—I am acquainted with Mr Smith O'Brien . We were bath members of tbe ' 82 Club . The dress of the dub has a ereea _^ cap with a gold band . I never were it more than onoe . I met Mr O'Brien in the year 1844 , when I was in prison with the late Mr O'Connell . I tilieve Mr O'Brien ia attached to the Queen asd Constitution from what I know of his political sentiment * .

    _Cnw-cximined by the Solicitor General—I waa sot a _raembsr of any ofthe Confederate clubs . Sir David Roche , Bart ., examined—I waa member for the city of limerick . I hare known Mr O'Brien for the last twenty yean ; he waa a grand juror for the oounty of Limerick . I am quite sure Mr O'Brien _ne-rer entertained any opinions against the title and authority ef the Queen ; but he wished the restoration ofthe Irish Parliament . I am sure he was never a Republican . I believe ha waa a very _deteri-ringd mas in expressing * snd carrying ont his

    opinions . I have heard bib expressing his opinions in favour of constitutional agitation . He always expressed bis sentiments very openly . Crow-examined by the Attorney Genend—I think Mr O'Brien is a very determined man in « arrying out his opinions . I remember having a conversation with him about letters , published in the tewspapers by Mr Mitchel and Devin Reilly . I pcrated them ont to hia , and I remember he expressed his great hostility towards the sentiments contained in those letters . Irer ** _emberhaviHjtatr £ ndwl _a-rrjeeting in the Rotunda at wbich Mr : 0 _Brisn wss present

    Attorney General—Was that the -meeting to address tte French _govej-craent ? Sir David Roche—It was not . I never attended _, anv of those meeting- ' . John Bolton Msssy examrrJed—I have been a ! grand jarcr of the county of Limerick for a great many years- I have known 5 lr O'Brien since be was a boy , snd I know bim very intimately . Ir * e- * er heard a word fall from him "Cist was hostile tothe Q _. _ueecilrads _. _andConititatwn . He _ceiteirdy / _wss a Repealer * and was very _vxiaun on that subject . Be wasa friend to racial order .

    Srr & _ennam _Norreye _. M . P ., wss next examined—Is a Member of Pariiara _** _at ; wss so in IS _& . Mr O'Briea was then a member , I remember hira _delh-srrsg aspeech on fix grievances of Ireland is that year . ( Repert baa-led to . witness . } 5 believe _fertis a conectreportof the speech . Ireaembera subsequent meeting cfihe Irish members to address * me British nation . ' MrO'Brien draw ep n , draft of the address , whiek was signed by me and-otber manberf : ( The _atdSresa , was here _^ wdeced and -jrovea . i liavoBXK > w- {; MrO"BTSeafbrfi « ehtjyears , -asd have always _consitfered nun to be attache *? to -the constitution of _"Qeeen , Lords , an _$ _& _-nmons . He was opposed to _Republicanism . 5 e is a friend of social order and oftte rights of _property . Mr O'Brien

    is sot a man who would merely express one thing "when he meant _acftaier . This is "for , indeed ,- rrom bis charaete-v _ifThs Hon . Baronet on leaving the ¦ ¦ table warmly shefe Mr O'Brien bf fie hand : ) ¦ ; William Fitrrerald , Esq ., _-amrated—I am a grand juror of the county Clare , and connected by mamege with Mr _O'Bries's family ; I have been acquainted with him for _treaty years , and _ews frequently beard liim speak en < _"foliticalmatters ; - ! am _surens ra > _sttached to ths _constitutien of fee country , and _eppteeditoRspe * 3 _lieanum ; hersa r _^ endto social ¦ or _^ er . and an enemy'to anarchy . He had _eve-yt & isg . _'io lose by the ens , and nothing to gain by _^ tfce other ; his _dispoatkn is _rnild , humane , and cbaritabis _; he never _esterteaned any opinion * that he did _a-st-ogenly ¦¦¦

    express . _- . ' : . Hre Hon . _CorneliuaO'Csllagban _exammed—Iam a Deputy Lieutenant of _thecounty , and _wissffor a ! short time a member of _PsrHsaent . I have -known . Mr O'Briea for sine years , end frora my knowledge of him I believe that he wtsattached to the Queen and _constitotioD . - William Monsell , M . P . —fern the _caBsaene of Mr O'Brien ia the _representttlcn of limerick _^ I have known _hircainceaboy . a- _' . _d'tave had _freqaentc * _nversstions-TOth him on pslitical _matterar '< -I never heard Mm- express a dHk-yal sentiment . He waa a friendio _ssdal order , cnd _** _a opponent _toCcmmu-* _n * m _< Socialism , and _eifcercogratedoxftmes , which became matters of gerK * _-aJgdi 8 c * ission at _rkO _* _tame ef the French _revolution . ' _I-tluiikhisgretrt-characteristjewastiathe expressed his opinions "freely—he never disseised any thing .

    Cross-examined by ta »* _citorsey General- * - ! sever had any discussion witer % r O'Brien abect physical or moral fore ? . ' Sir _CtAEvnO'Loehleftafcenhanded rathe several speeches tif Mr 0 "Bries . and _theolheimocaments which were proved by _ete-eritnesses called for the defence ; a -pie-t many o _££ _hese doeumen ' si & sd been found in _3 £ r O'Brien ' s " _-ortraantean , buVwsre now produce ! ice the first tfeeby the crown , * in _eomsliance with-ss order ot _tne-sourt . Major General Napier- examined by Sic Colman O'Loghlen-rl aman _ofireer in her Majesty's- service , snd am author bf the ? 3 istory ef the Peninsular War . ' I remember tboyears 1831 an 438 S 2 . Iremember _thstnaitation fox the Reform BilL I know

    there was _a-cociety called the _Binninghairi'Folitical League- _IJfere was a _^ a London _PohttcatLeague , bnt I was sot a member _Neither , neither "did I ever atendthCTt 3-m 9 etingf . il do sot know _= that those societies were-drridedisio sections and _-esb-sscraons I am iwara * tftke _dirissns wbich took pines in the House . of _Lecdj-on _thstbReformBilL JftaowMr _SarmiasYn «* g ' , who . WB # Piivate Secretary-toLord Melbourne s * e the _HosBS _^ Onioa . I _sboMWEeraber having beea « ct ** o _^ nced to Mr Parkes . % hsve been _subiceaaed to produce the letters in my _.-psssesrioa written bv _MfkYounz . * Gae of ths letters-is signed

    • T . Y „ ' whiah stands- f _* Thomas Sbsa _** . The letters * H- Ov _^ _rs written at the tf _^^ toey stand for Horns OfHse . - ' I recewed the fetter ea _^ te 26 h of June , 1832 _,-endercorec of a go « nrmecfcfrank . Lord _Mdrianias-was thea' Prima Mimaier . Lord John ' . RusEeH _« was in the Cabicet , * aac Lord Brou _^ aam _Lofd-CaaBoeiier . I took * _considerable part in the agisstian forfSeform ia t _& e _ueigtbour iiood of _BaUiJad'DeviEfls . : ¦ Sir Colman _O'ioghlen-fSbw , Sir _WiHam _> Rfipier , _'havathegoodneaeto state the proposition made ta t-fcuby Mr _roang-in _theJstter received « n the 21 st of June 1832 . ¦ _-. ¦

    , , The Attorney _Ceaeral-oliected . He didnofcooh-« der any correspondence _.-d' this sort , the precise _-BAture of wbich _ieswasignciant of , ought to be pnt in evidence . The _Court—Wecasoat admit it . Ut _Fitrrerald—Is is matter of history , _scdilsnbjaifetbat it ought to _ie pnt > _npon the same grocsds in whioh Lord John _^ _auett ' s letter was put e _yesterdsy . Chief Justice B _* aa zhnrn 3--2 t is plain we < _saasei admit

    _it-Str-Celman 0 _Loghkc—Tfcss , my lords , we trill sot press it . Ms _£ _^ gerald—This closed die evidence on -the part ef Mr O'Brien . The _Tcairt then adjssi & ed : shortly after six o ' clcek . Oa the _opening of the esart on Friday , Mr Fife * _gerald prccWded with the defense of Mr O'Brien , which wis bard with the gceatest attention , and ; exhibited . great ability . _» Ed legal - _acumeD . The points _howesac , mainly relied npon in favour of the prisoner , were * o fully and _a-Ttakafely . stated by Mr

    WhiteHde iniais eltqaent opening ,, thatit is _unnece-saxy ti cay _cwre of Mr _Fitzje _» _ld ' « speech , thaa that it was a _^ Easterly statement _* f Mr O'Brien's case . " At its _etmolasicin , - _-. . - The Lord Chief Jastioe _Blackbocae , addressing -file prisoner , asid _^—William S . O'Brien , I have now * tc inform yon tsa £ & you mean to _addsess thejury , _joa are no w at liberty to do so , and that you cannot -he heard after the _fixator General _haseotnmenced hk address for tke . crews . If yoa wish 4 s consider _witiyour friends whether jou will address tbe jury fir c _^ , we will retire ism short time , and on our return yon can state yosr . decision .

    J & O'Brien . —I am aile to answer tke question at once . I am quite ready te leave _thedeeiiioaofmy case te 4 iejury _^ it _-panels and as it rests on the arguments of the counsel * _s & d I have only , ia conclusion , to thank the gentlemen of the jury for the patient attention they have given to the _argumenta in the case , . _-.- •'•• _-i- ' _--The court fc & ea adjourned fee ft short time , asd on their Io _** dsMp _* f ' _--eturn , .. . , The S-licitor General rose to reply on the part of the crown . His tone throughout was temperate as _rejected _3 Ir O'Brien himself , though he attacked _etht * _leidera of th * Confideration with ereat saver Jr . With respect to a letter of Mr Doffy ' s , fonnd is Mr O'Brien's portaaatean , in whioh Dafi _> urged the prisoner to beware of the errors of _Lslayeite , while he assimilated , their positions , ths learned

    gentleman said , DuSv ' S letter had been addressed to the prisoner to stimulate and urge him into this fatal movement . The' insidious suggestions it contained wera sent by Mr Daffy is order to operate on Mr O'Brien ' s proud nature , and to induce hira to take tbe leadership , andthat step which had led to Boob , deptdrabfe remits . For Mr O'Brien he felt sincere and deep regret-. He wished that unfortunate gentleman had sot listened tothe diabolical tempter who _wu luring him os tothe terrible precipice on which he stood . Mr O'Brien ( interrnpHng him)—Itis not fair to puke these remarks in Mr Daffy's _ab-ence . The Solicitor General—No one feels more deeply than I do the position in . wbicb Mr O'Brien stands . He wasnrged on to his run by ethers , and I repeat that he _Bstened to themv : _MsQlBjIafaftiQata _TSfceHft ft wworthy ,

    Became.Visibly, Moved, Snd For The; Firs...

    in the absence of a gentleman who is himself on trial at the time , to make such observations as those that have fallen , from the . Solicitor General ..... I . b _? g at once , and most distinctly ' , to repudiate all _connexion with or participation in them . The Solicitor General _continued—As those remarks seemed to influence . Mr O'Brien , be . would proceed to read the letter withont any further comments . The learned gentleman having concluded , Lord Chief Justice . Blackbnrne proceeded to sum up—he Baid , there are two . distinct species if treason stated in this indictment ' . The first five counts are for levying war . against the Queen in her realm , the last snd sixth count is for compassing the death of the Queen . I shall at once relieve you

    from any nf sir-prehension of the last count , because , though there is what in strictness of law must be considered evidence to sustain that count , that evidence is more clearly and distinctly applicable to the ; counts for levying war , and yourattestion may , therefore , be confined altogetbertotheohtrgeof levy ing war againat the Queen in her realm . In order to sustain that charge yoa must be _sstnfied . that there was an insurrection-T in insurrection by force , and that the object of tbat insurrection was a general object . It bad been _complained on the part of the prisoner that there had been some extension of the doctrine of high treason in cases which are properly , not to be considered within the . meaning of ' war agaisst the Queen . ' I do not enter info any consideration of

    that argument . Whether the words of tha act of Edward III . may or may not be extended by a attained _coEitructiott is not the question , because , if the evidence on wbich the Crown relies sustains any ofthe allegations which they adduce to support it , there was unquestionably an object of a general kind in the case before ns ; for whether the object of insurrection waa to effect a repeal nf the Act of Union , or to effect any change in the constitution of the government of the realm , or , to dismember the empire by effecting the separation . of the United . Kingdom and constituting Ireland into a distinct sovereignty —whether any or all ef tb « e was the objeot or objects , the case plainly acd dearly comes within tke & eeting of the _stafete , as I before * tated to you _.

    snd , therefore , the levy , of war . for its attainment woald be plainlybig & _treatos . . With reetpeet tothe retention of Mr _O'BRen , on which Mr Whiteside had rested his defence , bs observed- —Gentlemen of the jary , in stating ttodefinition in my view of the crime ol levying war _sgsinst the Crown , and in stating tbe words of this asthority , 1 bave probably , led _. yonr minds tothe _-swuMeratian of tho true . distinction whicbit will fee important to keep in your * nindr > aud on whica'aistinction the defence of the prisoner is rested . Se _assorts that tke tr _^ ect of recurring to thense offeree , and that the _« nd and object of all the exertions _rftich are detailed sitae cause , were not to effect any-general objector ptxtionlar purpose whatever , bat fiat they were solely and exclusively done

    to protest bis person from « rrest ; and I bave tofeli jou that if the object of aH this aiming and of aH this force was solely and _elchuively to . protect Mr O'Brien's person , and _tne-persons of these in _kis'comp » nyf « ra » rre » t , he is -nfiitled to your verdict'of acquittal . Ton wili , therefore , at once eee that in orier _tofuatain eitter *» charga or tte defence , it _wEtleat upoa yon , in _'iha consideratiga . tit . thg _evidsrora , to coma to _ores'or . other of the _twee-mdk-aona _-twuthe _objertof _* tnjsbsriiTeeUoDary move-sent a gtaeral object , er * tras it limited to the _pardeular e _^ ect of , protectrsg 'the pere 6 n . of Mr _( _OfBreen from ttrest ? But jou trill observe , from whet : I have Stated to yon that the personal or . pecubsr . object 'must be _excluiive _. _^ ecause if , in addition to that of

    protecting the prisoner , from . arrest , then was the other and _ganeralfparpose which _taeiCrewa contends for , ' the exiBtenoe of that parb _' calar object is . of . no mement whatsoever , for tke moment & e . general object is _estsbHshed that instant it "becomes high treason . So fast yon will observe inthe consideration ofthe c _« m that _yottwillnet'onl'fbave to fix jour attention- _*^ roif that which constituted the defence of the p _* _ii-ro « r-4 hat the object was _toprcteot him from arrest-bat whether that was exclutsfeely the object of all that hefieen done . _Tke-qneitmn _, so donbt , is one of the int * 3 tion . oi Mr O _^ _Brienand those who . _secompani _^ _M _**^^ _dheaimp _ly _intendtoeffecthia ' owQ personal security _frxim arrest , or _dilhe intend to effect any object _ofs general charBotar , _^ whether a charge

    in tke _goveroment , a . repeal of the . Act of Union , or the separation of Ireland _fromTGrcat Britain ? . -Ithas _been-nafitended on the tjsxt of "the prisoner thlt this isdictocntdoes not set forth tte evidence npon which _tWGrown relies ie _sappprt of the intention whieh _theCrewn imputes to M _^ _OtBrien , asd which itis beundto establish . The law does . not rsqtara that tkat should be so . The law xloes . not require that the Crown shonld state * the evidence it intends to adduca' of the * intea & n _* _- _it"dces not require the Crown-to * sta : e what acts were'done ; but it _doesiequirenofTChly " thatthe CrownShaaldstate the acteof war wMok were done , bctt that one or more of those acts eheaid be establisbed * by two or more credible _, witnesses , aad the acts which ate stated in the

    indictment-yon will find to be a _^ feUows : —aiding sod marchingina hostile manner _threugh divers villages towr * 8 ** _scd public highways _in-rthis country—fe _*« * t , at Ballingarry ; the erection of obstructioni by means of cars ; carts , pieces of _tsmber _^ acd other materials on _tbe'kighway toobsfracfraad prevent the mares of thesoldiers ' of the Qaeen . 7 attacking and _firing'oa _^ a _la-te'bo _-iyofwnstab ' _^ _tjeing'th-a in the execution of tbeir tJnty , and _endesvoaring-b ? force and violence to make the constables Join them in a public _inscrreclioa end rebellion sgsiast * _theiQ , ueen . Then -follows the charge of an attack apon a certain _dwelfaghottt- _^*{ _Tsmnrory , _- _^^ ntr _^ Bpon the constables therein . Thete are the _overtacts . _Theymusteach or on & of thera be proved fry _twoMritnesses : whi > was

    the _effect will depend npon -the intention that » to be _dsselosed'by the evidence . 'Of that _evidenceiryoa are _eseieaivelj' the judges- in the * case which is now before as . You mil observe the . period at whicb > eae ckus ' ofevfdence may _becaid to'terminate _, and-the other to commence . The evidence antecedent to ths a < Sfec 2 datbreak at BaKngiiry , on the 25 th , _Mth _sometespects' contrasted -with the evidence _snksqnentrofthat period : Tie evidence antecedent to thatfwtwd _caenothave any * relation to the _appceheDsion _^ cf arrest , beciwe during that antecedent period so arrest was or-conld ' - have been contemplated . The evidence _ssrbecquentto that timeiseoanected « ith that _sppreBeasion _ofterrest , and Tneed not tellyon thatthe latter is aperhd of great

    _isn-Dortance _. -snd that from the : time the _insurrectio & comrnensed , enthe 25 _* h , at rBallingarry _, every oae of ihe _traruactions tbat _oooarredafe to bo * ainnteJf and e _^ _c-Oly examined , end daring that period yoa are to _consider whether : tbe acts ef -Mr ; 0 'Brien , ttte acts of those whom he put to motion , hisown _declaraf tions , the ooaduot . of those woo were assisting him , d * _msnifesilj exclude tbe objeot of _eneotang his personal safety and Bathing else , or -wheth « r ,. apon a review of _thess & ofs snd _circunutanees , they do sot raanitest an ultimate and general _pusposs—that is the purpose of . effecting a revelation 4 s the country . In order _toshow that , this latter .-was tthe case , his lordphip £ ret _> _justified * the reference-to vthe former speeches and acts , of Mr-O'Brien , wfekh had been

    made by _tha-erown officers , ** _ad-thentacoceeded : to _commetrr _, _atLJgreat length , npon the -whole of the evidence thos _sddased . " On the e-rideuce ef . tie spy and approver D _& tm . he said : —* S _) osbin ' s _> acooantof _hirnselfucme _^ bloh has given ese te tbe objection fr > the _receptioiK _^ or rather to she belief'in , bis testimony ; and _iit'is contended that ie comes forward _beforeyou _asattafcomplke _. _andshat _yon >« ightnot to near his evidenoe , unless it ifl _« _jnoboaUed with respect to the -tnala facts by some _importast testimony from ether . quarters . If yos takehie statement to be troe , however , ha does cot stand in the _iight of an aceorapliee . An _accempiue , geatfemen cf the jary , is one _tfho actually engages in the . illegal act he comes forwsidd * depose to ; and _bobbin ,

    _ac-. eerding to his _ownsiatement , did not baeo * _ne * EKqx ber of & UB _9 _cietywtQMuiy intention of _ctrrying & s _wsrd or . executing itaiChject or plan . _SefeecomesA _maaiber , ss he . says iimself , for the _$ arp ' ase-of ' connterplottin ' _g tee plot / in other words , ae shonM rather be called a spy than an accomplice . But whether you regard _kics : aa . onelight or tke -other , sy _dmwtion to yon is -to examine the evidence _olosely . and to seefiowfarit ia corroborated by Uie _varioasiEiatters with whieh it stands in connexion ; and tint ef all to examine It by ' itself . He repre- eests himself to have bees present at three meetings —most importast . meeting _^ as io the . time at which they werejteld , and , as to ' thehosinesa there . transacted ; The learned judge " , read the evidence of

    _Dobbin _fromias notes in ' exltmo . " He did not , yoa will observe , name one person as feeing aware of his presence . He _ggf used to give the name of the person with whom he _hald-commaaicatbg-* and- the court was , in the first _iactaBce , of opinion that they could not compel him to take any other course and name bim ; but it is now { perfectly plain front the _eequel ofthe evidence that & # waa a- privileged person , because he turned ont to be the medium with tke government itself . _Tbereesn be so question that thia man's evidence had been properly received . The Question whether yen will receive it or not is matter tor your consideration . If yoa believe he is telling a story of his own fabrication , job should dismiss _ina evidence _i : but . if yea find itis reasonable and probable in itself , and that it . is Corroborated by the acts of other persons , and by the acts of O'Brien' himself

    —if yen find it is consistent with _the-proceedings of these psrites , acd find him detailing " acts which might be part and parcel of the same arrangement ,: you are to consider if he ia . en titled 10 belief . On the other hand , if you think he is a spy and a partial and faithless witness , you should discard his evidenoe altogether , and not give credit to any part of it . it is very important to see . if ,, in point ef faot , any of these _meetings ever took place . ; His statement with respect to the existence ofthe Red Hand Clobwas proved by two policemen , who deposed they saw the name written on the windows of a certain house , and that they saw people going in and out off bat house as member . In so far , ' therefore , as his testimony was repelk i by the suggestion that there was no such body , it is plain there was . Bat , _ besides thir , there waa most ample _messsoi contradietinghim if he was hot telling the truth . Mr White 8 id & _---It was impossible to say before j toe trill tint tte _vitam _^ ovJd _haya been _prsdawsJ ,

    Became.Visibly, Moved, Snd For The; Firs...

    His client ought not to be affected by the fact that he had not been _furtished with a list of witnesses when he had especially ppplied ' tb tbe _CDUit for it . ' " The " L 6 * rd ~ Chief _7 u 3 tice- _^ The very " authority you referred ub to shows how _thedaw stands with _respEct to this subject . The learned judge then read a passage to the _effect that the guilt of the prisoner depended not on the abience of any explanation from him of the orime laid to kiscttarge , bat on _posmve proof of that charge from the crown ; but that ifcer _* tain appearances . were made out against him , it * as not unreasonable to expeot that he . shonld be called r on by evidence , out of regard for bis own safety , to reconcile those suspicions circumstances . _Now » , * don't think it _isby any means to be expectedor that

    , it is a requisition you have a right to make , that _becsute this / man was examined on last . Saturday , the prisoner was bouad to show he was not telling tne truth ; but Isay when there is the possibility that be spoke troth ; , and when there is noevidenco tothe contrary , there is no . reason not to-receive ms . evidence . . , ¦ , . .. Mr Whiteside-The authority you quote to the jury , my lord , is an English case . The prisoner of whom these observations were madehad a hat ot witnesses eleven daya before tbe trial . , ¦ The Lord Chief- Justice-Tbat is perfectly truethe prisoner was indfeted in England . ' The pnspner in this case is exposed to the disadvantage , or rather he is sot entitled to the _advantage whiob he would

    have received in England , of being furnished with a Hit of witnesses ten days before trial . It does , I confess , appear doubtful tome whether . upon _consideration of the subject , _Ishonld advise jou tosay there is not some presumption that his ( Dobbin ' s ) story is trne ia its main particulars . The learned judge read over the rest of the evidence , and on concluding it said ,, as the hour was so late , it wouldpetbap * be better if he left off attbatstage , and if the jury meantime looked over their notes of the evidence .: t Mr Whiteside requested his _lorfship _toinstrnct the jury that Father Kenyon ' s name appeared on the balloting papers , 1 thongh Dobbin stated that no priest would bs balloted for ; and that Mr O'Brien ' s name had appeared on the papers only occe and , had tben been struck off ,- ; -

    V The Lord Chief Justice did bo , and as he was about retiring from the benoh was addressed by _sorae cf the jury in a low tone ot voioe , , , ; . Mr O'Brien thereupon exclaimed , ' If tba jury have no objection , I shonld like to hear what they have to say to their lordships' : _> A Juryman ( addressing hiB lordship)—I wish to ask yonr lordship one question . The witness Dobbin stated that hiB club was not called . Then how comes it that be was present at the meeting of the presidents of dabs ? How drl he get in there ? I don't understand tbat at aU . ' The Lord Chief Justice—The _6 ey of the meeting to which he alluded was the 31 st , * < £ te day on . which the clubs were catted was thel 5 U » . _,. - _^ ..

    , The Jurjmsm—But how cottd he have attended oa the 21 st , if tke club was hot acknowledged oa tte 15 th . * The Lord'Chief _Justice-Se stated bis club was a branch dab , and that he was not acknowledged as a representative ; bat he say ' s he was a member df the club .. _Bfelordship then - read hia , notes reft « rin _& , to this porticn of the evideisae . _Anottrar Juryman—The meeting waa _YH-ffiptned of the _reprresentatives of clubs . I do not understand bow he conld bave been there if his olub wwnct acknowledged . ; :. „ ¦ ' . . ' ' "" ' : ..,. / ' " . ' . ThelLord Chief Justice—I wonld , advise yon , gentlemen , to look to year notes , and see Haw the _evide-ic-rstanas as to tfiis matter . , Mr _Wbitesider- _'Ptbink yon . _bavetit'Oa yonr notes , _my'lord , that all _btet _. tbe _repreBehtatrves of , the dnbs were ordered to leftve the room , but that Dobbin remained , _althbugh'he states that _bbtwas not a representative .

    • firs _Lordshipagainreferred _tbhis-netes , and having concluded the extract , Mr O'Briea a idressed the jtay , _^ _sd said—May f fee allowed to call your attention tothe remark which tell from your _lonhship as to _the-possibility of bringing _evidence te confute the testimony cf Dobbin ? The 5 « ry must kudw that everynian m tfee . Con ' federation , ¦ cr any one ' 'who has takes _amending part inthe "management 6 f . it , er of the-clubs , has been h-rntea down by the _j-overnment , and ( hit it would ba _. _jm-[ possible to bring theni _for"s _^ _tff- » ntradict it . , , A Jurymte—It does not appear that Dobbhrwas one of _thostFwho was aUowed _^ _rrsmsin . He was not recognised aa a member ef 4 he _* crnbs . Mr Whiteade-rThe case wJ _3 rdo as it _staads'tery well . . . < , . ., i

    Thejurywerethengiven into the charge of their usual guardians , the foar policemen , and The Goert adjourned at seven o ' clook ; On _resB-aing at nine o ' clock on Saturday _merni-rg Mr O'Briea , requested _that-be might be allowed j to say a few _^ words in _reference'toobservatisn-f that hid fallen , from him during . the . trial . He had Btated that MjJEodgeti , the ge _^ _twement . reporter , ; thongh treated as a guest by . him and those who attended the meetings of . public bodies , turned out tefheaspy What he wished to , intimate was , that he thought he

    had _dc-st . rather unfairly "yilth tbem in appesnng _. _as a _orowrrvithesal prepared , to swear that their-decla rations and _gpeeob ' _ea were seditious and treasonable He conceived that Mr _Hodgpn _bad _apfjeawd : jrf , the eharacte ? of an official reporter merely ; but _> inr * _gnes tioaably , it . was . not his intention : to convey tothe oourtaed jury tbat he-appeared in a diegnhtedor _oonoealed character , or in the . position ofaepy ; be , therefore , wished to _^ withdraw , f the expressions that hid been used by hiss on the occasion _to-wkioh ¦ he referred . ,. ' ...

    The . Lord Chief Justkathen resumed his charge , as follows : Gentleman of - the jury , when we separated last evening I bad-read ' over , to yon * tke , evidence- of the witness Dobbin , as to ( whose credibility , and as to , whose character , _<^ it is forjyonio determine ¦ I will _raot . again enter into any details . of those _mattersby which the -erown _insisfs' _thalj this _testiraeDybaa been confirmed and corroborated . ' _* ft . ia for yon , nnd you exclusively , to , say whether _f teany _* and . whit extent thnse . oircarnstanoes , corfotior * tehis testimony aad entitle bun tp credit ., But _oue _^ _cfthe jurors _hsdng asked a , qutstion , which ,: was one of vast importance , and whioh relates to a particular part of hia . testimony , thebench are of opinion that I ought again to repeat my note bf his evidence , and

    -you . _will-aee whether , _asTI go throu ' ghj the details , any ground ., exists for the . imputation whioh the - discrepancy noticed by one of the jurymen would naturally _-ssggest . ( Hia ' _-lerdahip then read throogh the evidence , and whilst _Jaawas doing so Mr O'Brien ap ? eared to be amusing himself by takinga sketch of a national , emblem which-ornaments , the .. canopy _onderwhieli tbe ' _learnedijcdges a _' vt . ) > His lordship _rkaringreadand commented npon _Dobbiri ' _u testi' tnoay ah Ubgib _^ was _^ pTooee _^ lng to _^ _thV- _^ ilenee pi _-Catrick _^ Cqghlan , when Mn O'Hara cams hurriedly -into court , and whiapered _^ to Mr Barton _^ one ' of the _adviaingconcael of Mr O'Brien .. . " _.,.., , MriBarten immediately rose , ( and said—My lords , ¦ sayil ask . yaa to suspend * yonr charge for n few

    moments . ¦ , „ _tTheAtternsy General—Whatia tke _malter ! what isihe object ef this apph ' _cattonj-f Mr > B 8 rton—My lord , the conducting counsel , Mr Whiteside , and Sir C . O'Loghlen , are anxiously engaged this moment in _consnltatisn . _., The Chief Jn « _ti- } fr--: I can ' t stop . : ' _IffiO'Brien- _^ fy lord , it appears to me that the _courts not fully constituted in the , absence of Judge _Moorei ( th 6 / earned lord retired a few moments t > fore ) , _& ethird ; _jia _^ e—before , whem _. as I learn , my connsel now are .

    _- Chief _5 nslice—We shall ' certainly . Wait for Judge Moore ; fait it _ira-nustake to supf osesihat the court isnotfaUy . constitnted . - _., After a < ew minutes . Judge _Mooreerrtered court , and the learned chief justice recommenced , rind was commenting on ' Mr Meagher ' s , epeeoh , when Mr _Whitefide entered the _< eourt _> and , in aiucried _man-, her , applied te their lordships to adjourn ' the _« ourt for a few _mibut _^ s . He . _was not ( be said ) at" _libarty , nor _didhefeeljustisied _, to _onention the . reason in open court , but if the Attorney fieneral would tetire into the chamber , he would coomuhicate to h [ im 4 he _imforlant information he had zeceivedi' r ' " Attorney General—Lean , of course , havo ao objection . _:, f he judges , counsel , and jury then retired to their respective' chambers—leaving a crowded court to wonder and surmise the cause of tbis . extraordinary interraption . . ' ' ' ' .. ' .- ,

    , . .. ,, [ it _* as understood that some Important evidence was discovered in Dublin , relative to the character ahd _porsaits of Dobbin , whieh would show him to be a peraen sot to be believed on his oath . _Thebtelljgencecame dowa' by special train , and arrived in Clonmel . about eleven o ' clock . ] During the deliberation in chamber , Mr Smith O'Brien intimated a wish to speak to Mr Hedges , government reporter , who at once crossed tbe table , and went to the deck , where Mr O'Brien shook him

    warmly by the hand , and Btated that what he eaid oa the firat day with respect to his ( Me Hodges ) being a ppy , was aaid in a moment sf excitement , and was by no means intended to , convey an imputation on the character of that gentleman . ; . . «¦ . .- .. no On the return of the judges to court , - Mr Whiteside said—I have now , my lords , to move that tbe witness Dobbin ba recalled , in order to his reexamination to a particular point , whiob I consider to be of ( m _» at material interest to-the . case of my _cUent . ' . '' .. _«• ¦ - ¦ •¦ • ¦ ' '

    .. Attorney General—What I have to Btate , my lord , is that , having heard certain facts stated with regard toDobbih _. Ishallnot _oppesethe application of Mr Whiteside . "' ' - ' - ' Mr WhiteBide—1 feel bound , my lord , to thank tbe Attorney General and my friend the Solioitor General , fcr their courtesy in this matter , and to say that they bave acted with the highest honour in this case so far , and with the utmost anxiety for the pare administration of _justico . : ' There was then a _considerable pause before Mr Dobbin , made his appearance on the table .

    Mr Whiteside ( to Dobbin)—D- yon remember being at a tavern , in the middle cf the month of June , at the corner of Great GeorgeWreet ? Dobbin 1 . 1 never was ( hew—Do yoa _xerasai

    Became.Visibly, Moved, Snd For The; Firs...

    ber _^ being in a tavern or public-house _dia- _! cussing , the political grievances of Ireland with twoother men ? : I d . m't ' recollect that I wb 9 . —Do sou k"hbw ~ 0 'Neill ' s " - " Tavern ? ' - I _' do iio t ? -- ' Was there a . fourth , person present reading a newspaper , whom you afterwards discovered to . be a person of the name ef Dalton ? I do not know the name _ojany persjn ' of the kind!—Did yon ch that occasion speak of the _bestme ' anB of securing the independence of Ireland ? ' Never , never , never . —Did" any ' two persons say thatthey were advocates sf the policy of tbe late Daniel O'CoDnell by emancipating _Irelarid by moral force ? Did these . twojor any . two persons represent themselves as Roman Catholics , and did you represent yourself as'ttProtestant and an

    Orangeman from the north ? - 'Never ; - —Did you aay on that occasion that there was but one way to rid the country from the British dominion , and that was by force of arms ? Never . —Did yon refer to the late revolution in France ; and proclaim yourself a disciple of John _Mitobel , and an advocate forafree republic ? Never—Did those three gentlemen in the room apply _^ to the gentleman who Was reading , tbe paper , to _decide the controversy ? Suoh a thing never oocurred . ¦ ' I never saw any person reading a paper in that way in a public-house . ' I swear that ; I am quite satisfied of _itl—Did you afterwards wink to tbat gentleman to follow you ? No . —Not to a f _* entlemsn named Dalton ? On your oath , _slf ? Why do yen hesitate ? I did not hesitate . It never

    oocurred , on my oath . —Did you' speak with him alone . I did not . —Did he reply it was too late ? _' I never waam conversation with the mad ' at all . —Did you _speakto him , or he to yon ? Never . _—Didyon reply that he was a right fellow , biit that the other two were d—d papists ? I did not —Did you ultimately go with this person into a houBeto have some refreshment ? ' Tdid not . _-- : Did you request him' tojoin a clnb ? I did nor . —Did he say he woald be expelled from College if he joined any " olub ? I never heard any such thing at all . —Dia yon say he ought to know , what you meant , and ask him if he would hot prefer ' a government situation to college ? ' No , I never said it—Did yon say he might easily obtain one if he liked , and thathe could caJsily join you in / getting ' up _iofanhation and giving it to government 1 On my oath I never iwed'atich language , or anything like meet by the

    it in my life . —Kd _'^ oa accident same _persth Dalton in the' Btreet abont three weeks afterwards ? ' No . —Did you say you had been arranging matters with Colonel Brown ? Never , _'heveif . —Did . yon say to him till the priests were exte ' rriiinated . and pOpery put down , "things would never be , right in Ireland ¥ Never .-Didhe _sillude to Mr O'Brien , and say be was more criminal than'the . Papists ?—Never . —Did you say it was lawful for a' Papist to commit perjury against ' a Protestant ; ahd that you thought i _< would be fair for a Protestant to commit _-ntjury against a Papist ? Never .- Did he oall yen a rascal , ahd tell yon' to quit the room t No . _rfDjd you immediately ckange your tone ' of voice and manner , and say you were only trying him ? and did you tben ask him if he did not know you were hum : bugeing him ? No . —Yon deny it all ? if do ; it neverscourred _* '; Examination concluded .

    A young man named Henry Dalton waa then swora snd examined by Mr Whiteside , mid gave the following testimony !!! travelled'by an ¦ _expreaa train from Dublin to thia town , and have only just , arrived in Clonmel . ' ' I left Dublin at three o ' clock thia morning {' my father' held a situation in the ( , _'Cashel oatbedral ;* ny own businessis _thafi of a . teacher of Trinity _College . I Was' at bnetime'a teacher at the Rev , Mr _Huddart's ' school at Dublin ; I was . also a teacher at Ddngaandn Crdlege , ' un 6 _Ner , 'pr , Di » rby ; I bave ' _also taught in tys ' i _? onntyi I was resident thtor inthb _ihouse of Mr Pehhefather _.-ef Marlow ( one of this-jh roTsVih this _cbnnVir . r \ V ;"' . " ,:. ' ., ' . " . _" ' _.,, Mr "Whiteside—Db you remember being , inn , ta . vem at the ' corner « t' Stephen-street , ' about _, the _miaata ot

    - oune lata ? . _i-aonr-JJia any _^ qiscuHBioii _, arise in yotir presence bet'tveen ' three persons _f _'( , Yeji » The witnpss . " _was _*& _encorifrorifed [ with _Dabbio , and _^ _efliwd by'Mr . _'W _^ _eride _to-ajy _whether he was one ofthe three persqas . he _hafi-Been in _' the taviern _* , , _i ,. Witness—He wais , _tipoh _mylsolemn ' oath _^ , ' ,. ' ,.. We _Whitefiid ' e *~ TelI'tb _; e _^ ery ; . wh _^ t passed between 'those three pers _^ _'befqre-you took , part in tho _cos'tersation . ""' . . _! . _""' _, ''" ,... .. ' , " ., ' . ' - ' , Witnessi-. T « ro' ( lf the three we _^ _eladvixat ing a _reipsal ofthe _unrcn , and _thetiubstanbe of their remarks -was , that repesi _could'nef er ' be . o . btaked , exeept by 'the means . Kdvooated . 'by the late Mr'O'Connelltmbral force . * "Djbbin -said that ' he . ' vfis a Protestant , and an Oranjem _' s _. n of tbe north , _anfithat _thekodapendence _ftlareland _' oosld never _berobtained except _bytorce _^ _of-nrmB . _,, He -laid that Ihe . timei ' natl ' . npw arrived when a repeal" 6 f _^ the _. _uniqn'ipBraaps Wpaid , be obtained , « nd tkat ' a ' TOpublioah . * royer ' nment and the

    principles of'Johh' Mitchel" wticda' benefif _Ireland , Hementiened _theniameofSmith'O'Brien , and , said kis policfw ' as too tine . I had _^ ot taken 'any part _injthecOCTersatronihen ; _'bnSlh ' at mkn asked me wh , at was my opinion ? I said it " tfas' _^ if opinion that agitation was _< he bane of _Ureland , _an _$ I attribntednry _present suffering alfegether to ' R . ;( , I said that 'I-was averse ' . to the ( p _^ n _;^! ireneal of ; the . _naion , arid _thatil-sigtod the petitlon _^ _Baiast repeal as * stndetttbf _^ mty'College : '' . 'V ™ : T ? ..., _WWfo _aaltF _^ _vFitsiossi-il MSce'd'bim ' dfetOTfrhislaiw , * he _rna'de some distortions of _hiif'faee . ' _^ I left , and wee-going home _. _^ vhen he followed me - ' and said that the- men wished me to bave supper with them ! I ,. saidit : was _| ted _' lafe ; 'a'tfd'Imust go-home . " _'Ho'aliS thatQ ' must Come ; _'I did eo . . '' ¦ " ; . "

    . Mr Whiteside—Did he , _differ that ' _nijht , say anything to ' youabaiut'joiningia club' ? WittieBS- _« He Bsked , hada _jbined-a ; olub , _or'woa" _^^ % I _toldhimllwaojd not join any club , _aspiretice had been posted upbnthe 1 college-walls , th . it anv _Btndent wouhl * te expeHedwho _jbipflda oiub , \ _auitl _, _intentfed'gbing'ihforsch _' o ' _terthipUhe . follo ' wio I told himil would lose ' all my coKegia'te pro _^ jp _^ _cti He -eaid that although T might _loae my pVc _epects there I might _a 6 t- elsewhere . ; and he _^ told . m _s tfe _$ t _goveramentiriight appoint me aa ' . tbe . | he ' ad , of . ' seme colonial college , as I was fit for it .. 0 oMhh * _f t e smiled ';) : !' ; " ' ¦ ' -. ' . ... _"¦ '" '; , ' . _' . _' , '" . " .. ' .., ' . _, Mr Whiteside—Did yoa rep 3 rate ( _shortly ;> jfkfeerr wards ;? . Witnessi- 'We remained till one _C'dlsok .

    Witness here asked _fora glass of water , as 1 _lenbsal been ( travelling all night ? " "•" ' r - ' '••;'•• ,. Examination resumed—How long was it "before you saw . hhn again ?? - Three-or four -weeks , 1 tt- the corner of _> Trinity-street . He tapped ' _-rae up bn _* he shoulder ,-and asked me to'take ;& glots « _f-hnakS ; with him , and > e went into a house foj _^ _fwsb-triehV I paid fioriti _-Witness here eaid thathe ' -wassirllsjeet . to _anervoua palpitation of the heart . _"•'• ! 1 ¦ _' _" . Mr : Whiteside- —Have . you - ' ewtr ' flp ' obeh to "Mri O'Brien or his . attorney ? _> No- _^ Wbat _ipassed •¦ _aporf the occasion to whioh you _^ referred ? Dokbiri atked _wasDentf Theology read m college . And I _sajieiitf was not to my knowledge . _= He said that by Dens '?/*' Rnman Catholio _was . qualified to swear and get at "solution from a priest for any information , fake or true . He said that ( tfae _> only way to oounteractat was to _Bwearioonnter > toit . 1 . He said 'if I joined 1 a _dietie ct club from him , and that both our _4 rfoi ' matidi . Si ' screed ; credit < would bo attached to'itVaiidHlhe ' moin '

    the better . J oalled him a rascal anda ' bI & _okguar . _^ nd teld bim _to'leave the place , He then _^ nt ou t ' and came in again , - and smiling , ' said _he _^ as _botrprised tbat a mab © f my _» learning 1 could nbtipeiceive _ihathewashumhueeing . : ' ¦ ' - 1 ; ; "¦ . '' " _¦ •'" " ' : Mr Whiteside- _* _-When did -you read Dobbin ' s evU _Notice in the paper ?• Witness— On Thursday . ' 1 -should have said that I mentioned these oiiot : m . -stances at the time they ocourvad to _othersiahd'on * restHngthe paner , II said to them , ' _Oh'l'do _yontce . menther . what I toldtyon _about-Dobbis ?" _Tbewitness underwent _^ cro ' ss _^ _O-Tamifaatlon by-tbe Attorney General , ' whioh did not in the _leastsnj ( k « his . evWence . at the -cleee of wbioh , Mr Po ' _ttertfMri O'Brien ' s attorney ) said that he ' Vbad' _brought tbef _witnessinto court , and the prisbiior ' s _cbunsel sent ) htm but again during [ Bobbin ' s _-examination . 6 o [ that there was no chance of : ' any' idestificatibnfrojn ¦ _thsccausa .- ' -i "'

    ¦ .. ( The Attorney General , _afidressingDohbin—Do you know _thifligentleman ? The two witnesses stood on 'ihe table , _confronting each other . ' _Dobbin—Oa my oath I never saw him . . This statement produoed an extraordinKf sensation in She court . A Juror to Dalton . —Did you give this evidence to any one before / ou came to this town ?—I did ; , I _mentioned it to _. eom ' e . _frieods . ' I told them that I wm _Almost convinced that _tbipDobbk was the same person I . had met ta tbe _poblic-honse . J Bwear tkat I ' never expected to be brought here . I ! wrote . aletr ter stating these faets ; which I sent to _^ the Pn- _** tr urn's Jqpbkai , office , npon hearing the evidenoe given by Dobbin , with a view to having it published , When I went to the Fbsbmak office .- tbe . _peoDle there .

    having read the letter ,. forced , me to come down here . ' When I . wrote that letter , I , had not the most remote idea that I would be here to-day . I oonsider myself ata serious , loss _,, by , coming from Dublin , ; _It was my own suggestion to pub , ish theseiacts _.- No one advised me to dojt beforej , thought of . it myself . I desenbed Dobbin's peHon ' _toawfriendsin Dublin , when I was telling them of these , fa _c ets , ¦ . _> Dobbin ) was then examined by one of the jury in reference to the , position , which he occupied in _rela _^ tion to the elubs and the war direotory » . of whickhe had stated various , p . artic"iIars . en , his , first examination . He said that he was not a _^ aember of tbe Councilof 21 . That he went to the meeting ! in the , caps _, city of a _representative 6 f , a club . He was a _representativeof aclub , ahd . as suoh formed part of tbe oounoil . "

    The two witnesses were then ordered to " withoraw . Mr O'Bricn-I think it right to make iny _acknowledgements to the Attorney General for allowing this witness to be examined . The Lord Chief Justice , after a brief consultation with tke other judges , lecomm ' enced his charge * ( saymg that at the instance of the " . prisoner ' s counsel , and with the consent of the Attorney . General , the witness Dalton had been called for tbe , purpose . * of _WrtnSjttPI fog . _WfiHeBB D # _jn , f _» sd Dobbin , _ja

    Became.Visibly, Moved, Snd For The; Firs...

    produced and confronted with him , and if what iJobbm says bo true , the whole of that statement of men _k , a pure ... acd . absolute . fabrication ,.. Bui-ifexoluaively _^ to decide . ' -If you' think Dalton .. _peake _SLmW _^ _" _? _^ ns-but-youwill deal with the _vlfi _« f J ' _- _^ . _^ ard one word from hia lips . 25 _^ 1 . _« ect his evide nce . It ought not tooperato Atlir ' _- mJ . _t _^ _MW reasonably . trust to ' his evi'ft _^ L _? , _5 ht ¦ * _£ d _^ al with , the case without it ; S 2 S , d 11 f _tfcl with the case ¦ " if you gave _cyedit-to the statement of Dalton * But , if on the other handryon believe Dobbin ' s evidence te be true upon any of _the-wte upon which he ia _oontradintfid

    _5-Mui : : _W .. _W . Mt »» . JO _« . Roti _. to allow tbat cbntrad _^ ion : to , influence your judgment ; but to _W _^ _-m ? 1- you _^ D _^ 6 r heard Dalton . Dobbin Will , in that . case _, be entitled td credit as if Dalton had never been examined , and you will have to try the question independent of this witness ; His lordship then proceeded to sum up and comment upon the evidence . In the course of his remarks , he admitted the legality of tho rules of the Confederation and the Sish League , but insisted strongly on the ; power liob ! Mr O'Brien subsequently , took of pursuing his objeot through the medium ofthe clubs . Hia , lord-Ship thus cbnoluded ;—And now , gentlemen , I commit _thiBcase : to your serious consideration . A high duty you have to discharge —a most laborious duty it cer-1

    tainly is—a painful dutyit must b 9 , if you should tekejan , unfavourable view of ( he-evidence before _yiu , _"I shall rejoice if seriously , soberly , and _consoientiously you , can come te . the conclusion that tbe _Efisonerii not guilty of the charges alleged againBt im by the orown ; but if , oh the other hand , seriously , soberly , arid _Conscientiously you think him guilty of these' charges , there is rib consideration that ' c 4 n justify any _^ iUmab being in that box in' doing otherwise than that ' which the obligation of his oath demands ,.. ¦> .. _¦)> ¦¦ _••; . « ¦ ' -. ¦ : ;• '> ( A . Juror—Before we leave the box , I wish to ask y _. jur _lordshipa one question . Suppose Mr O'Brien wished to escape , and in doing so made an attack on the police would that be high treason ?

    Lord Chief Justice—Wbat I have to tell the _juty is , _this—ArOirding to Mr O'Brien's defence , the object he had in view was his personal security . Well , if that were his object , and his only object , there is no reason to say thathe might _nst have made his escape .: But he never attempted to escape . These observations ,: however , must be taken with all the other considerations of the case ,, aud you will , apply . to _themsuoU _. weight as they deserve . _, ; ' -Mr ' WhiteBide—The question , as I apprehend the j uteri' is on a point ' of law . It is whether , if the only motive operating on Mr O'Brien's mind when he is alleged to ' have attacked the police ; was'to eeoape arrest , would he be guilty of high treason ?

    iLord Chief Justice ( to tho jury ) . —If tbe sole exclusive objeot of Mr O'Brien were to escape arrestifthere were no general purpose involving that particular , purpose of his mind , then , no matter what aotB he' might have oommitted , yeu are bound to acquitkim ' of high treason ; but if on the contrary you think he had , in addition to his personal objeot , a general ' purpose , such as effecting a'revolution , a repeal of the union , Ot' any other objeot of a _political _charaoterj ond tbat hia acta were committed in furtherance . of that objeot , - yeu muBt find him guilty' ot higktreaeon .:. ; ,, ii ; :, , _> ; _p ¦ _- _.-. ; ¦ •' - ' . A _JjurSr—I wish to know , if the . attaok of Mr O'Brien , onthe police wero made -to resist arrest , and that h ' e ' _did not wish to _esoape , would that . be 1 ;

    high ' _treasdn _?" : ' ; _' '• '" " ' . '; . ' _! ' '' , ; . ' .. _Tne _^ Lbird " . Chief _Justice- _^ The resistance to the _policei'by force or violence , no matter how great , if carried out in iurtheranee of the only object—personal security—wonld not be high treason , bnt if for the purpose of effecting the general objeot laid inthe indictment , it , wouldbe . bightreason _; : ; _,-p : : . i : ¦¦ ' : A Juror—Theprinoipal . _expreaaionall through the . evidenceiaBjusedby Mr O'Brien i ' b , ' protect _me-7 _proteot _mefrbrnarre _st _. . . " , ' j , The Lord Chief Justioe—If you believe' that to _have'beeh his sole object yoa must acquit him , as I told you before . _' ! . ¦ , ' ' Mri Whiteside suggested to his lordship ; if it were not unreasonable , that he should Btate to the jury the general object shonld bo the express ; objeot laid ¦

    in the _indictments . He was afraid the jury might be led away , ( j y _, tne _yagui nature ofthe _> phrase ., ' . The Lord Chief Jo _' _stice—Certainly ; but there is no ! general object in the indiotment farther than that levying war . against' the Queen , and the overt acts in ; _supportof it are there set out . The charge is quite general , and I am afraid' the indiotment-will not , enabfa you the more clearly to understand it . ¦ Here some words , in a low tone , passed between the _^ _arors _ahdthe h 8 , noh ,. _wbereupon :. ; .. ¦ , Kr !; 0 'Brien called , put from . tbe dock , ' I wish to : bear what' you' say ; ' be ' good enough to speak otJ _* . " ' _, , _, . ., ,... ' , / ' . _-., ti _'MriTn ' stioa Moore informed the prisoner" that the ocurt were merely giving directions to the jury to _'teke-some're'freshmbnt before thev retired to consider i

    ; . _^ eir-Verdict _. 'asthey wouW not have another oppor-, _^ unity ; pf num _^ . _sOi ., _; . y . _- . _j- _> ') - - ¦ ¦¦ ;*> ¦ •••'• <• . ; _TheJjttry , ; tRen _Retired , and were absent , for a few _taiputoa / _'When Mr Solicitor General addressed afew "words _toifte _^ urt _. an _^ orders were therefore g ' rverj to recall them to' the box ' . _^ They / returned accordingly in no . yerj * agreeable mood apparently , each with _sftine'btead in his hand , and 'having remained there _'forj soma short time , were ordered to . withdraw ito con * _, _sidef tben * _verdicts The _fudges then left _theieBch , and had not . bfi ' _enigone more _< than aqaartor of an , hour . when they returned , and at the same * time the jury rnfide _^ heir _^ appearance 'in tbe box ; . The most _profound . _silenoe _gprcyailed . , . 'Every face , , indicated the _iftaiefy _with'w ' aich ' the result waa looked for , bnt _" ' _- '• _^'" •" . ' ¦ _' . . , " , ' .. " ¦ ! _,, , Thejery _hidmerely _come-back to ask a qeeB'tiori _, — -Were they to _^ _udr-aeparatelyoh each count , or were they . _toveturna / verdioton ail-five . ¦ '

    , The _. vAttorney _^ GBDeral—Will yon inferm them , my lord , that the s _^ th is withdrawn' ? ; Th « , ljord ; l ! h | e _^ J , usti' _»* -- * _You'mayjrotnrn _^ verdi _^» fGHilty _,. orNpt , GhiHy ,-pnallthenveconnts _ThOsixtk is'withdrawn , _theretereupon it youwill return a _^ erdiet of * Not Guilty .: ' ,. . ' . ;; „ _Thefury'withdrew'to ' tbeiirrcem , whioh _wi-s imme ' - ' diately- off the cornt , and _'i'inast 'anxious 'interval elapsed of upwardsof an houri The hum of conversation « i tho . court was low and subdued . : _Nsarly every eye was directed to the -leek whore thaprisoner _stdodi'dcawr'tup _to-his fallheigkt , with lis _. gaiodirec ! _t- * _4 _wnsfanUy _/^ t |»'; _-MiH _)** _i _. _tow _^ _ds , the _tfOOT . _'Of thejoryroom . _, [ He _. _^ hterae _^ jwith his . _attojney , ( Mr Pottci ;)* o ' ntinukU _^ ' 3 nd was' appofently , as : e _» lm and

    coileeted ' _asthoucEriife and _fortena depended not on _thoitetw . :.. _'•¦• ..- " ¦ > - ¦¦ fv . _w--j ; _-i _>' v .. ¦«¦ ¦ ; ¦¦ . ¦ ¦ ¦ _Abouthalf-past'nVe o ' _olockthejudgea again - en _> tend theoourt ,. _aqd / . took theiMeats on the _^ enoh . Apauie 4 cr a f 6 _^« i < _rmenteinte-r « aed _^ whioh . wasd _^ v 6 ted , _to-fatching every _movemeKtJn- _tbfl'dissotion _oftbejury-Box . _, vThe exoitement _. _waa . mostpainful _; for _thoeeffa ' w moments , and ' a _^ l . ' _/ _thei-iudienm were -more ' o _^ less m 6 _ve"d _^ wUhttie > xce _^ ion _^ 6 f . ' the judges _Andthe i _frisoher _/ who coolly leant forward - " on ' the . mikesinittntofthedeok . _Thejnry atlastentered ; they , looked _ilike _men < . who had _diaoharged _^ a ' painful and weighty , duty , _andaa the gloom of evening began to _scttledoi ? - _! . upon the _^ ourt _, and threw its shadows

    • _'WpWti _»» wS ; . j | en _^ _leA'Wer _4 he rxell . ' U _^^ . _^ t _^ j _^ 'i _^ f _^^^ _- _y _^ ' - . _Olerkot ' the 'C r 6 _wn--- _^ ow say yV . genttemen r tjfthoj ury , onthe _^ rst count , guilty er . notgurlty _^ _JS' _| W _« i _* i _-in'iiW _, and ag _^ ted _; , _% «« co , I ' . _GLIkLTY . ' ' . , „ , , , r ,, yj v . ; , _( _The _. word _oaussfl a perceptible _sensanon in * & ' very cower of the eoert . _MnQ'Brren slightly noo'ded his- , bead - .. to thejury , and ! gave ; no other , _eign of emotion , _ni ;;; , !• . " '• _•!•" _. ' ' ¦ f Tae aame general _« ordiot wae returned _ontfheothe * . oounte . . .,- . ¦¦ : Theforeman ( who bold _tbeissnoDanerin _blahandsi _)

    i « _aid ,. in : t 6 neB which _swere nearly inaudible— ' Myi kad , ; there is a recommendatioa from the jury . I ! really _cannaeireadit ; my lord . " ' _^ oiild yen read it ? _« r witt _theiSlerkof theCrowu-read ' it for tae _?» . "' . ; ;• jMriPedu > rtfook the issue paperi intf , _kd akfollows :: — ' We . _earhestly _reownmend tke prisoner to tbeeiorriful _. _cocsideration . of _goveromimfc . thejury being nnanimpn _# _i for many reasons , of iipinion tkat _hisIhcshonld _. _bejpared . ' ¦ „; ,.., . .. ¦ . - » _-. r j _; . ¦ . ¦ The'Attorney _General having _lookedover' ihe issse paper * B 6 ufhedit'toihe crown solioitor . ' , ¦ , '> 1 A iV _^ ict _' _of'Sfst' _Guilty ; was . entered on the ] sixth _county ' The _^ _Hsoh ' er Was ' t _* aen remdv 5 dfrom the dock , and the court adjourned to ten o ' _olwk on ¦ ¦¦ _, , ; 1

    : Mondayi-. v _;¦ . _,- .. . ' - . 1 ' i ; 1 ' ' ¦! •• ' ,: '' - ' " _- . The prison van whioh contained Mr _O'Brieh was guarded by a strong body of police , bnt there did not -seem mjnbh , , _neoessity for _. their attendance . . About sixty poorpepple . were assembled round the _« ourt , htlf of whom were women , and , but . few of _^ _obo _aisetabled followed the ' vanjto . the gaol . , , ;; . ,,, 1 . _i : _swM"iB _/ , _'bk'VDEATH _" '¦ _( .- _;¦ . ..... SMITH O'BRIEN . . , The jedges took their places at a quarter past ten o ' clock os Monday worning . , The const house , from an early honr , was densely

    crowded in every part , and great anxiety was visibly depiete _* i bn >' every 'bbuntenanbe , as itwas rumoured _jthat M _^ _O'Srieri _fra j to be brought up for judgment' . ' Tbe only gallery vacant _' _was'tbafi in which" the friends of Mr Smith : O'Brien were _aecustomedto sit during the . protracted . trial . _.. _iThatigallery ' was _-eniirely empty , ' and formed amel _^ nchely , contra » t to theptber . _pbrtioDSioftnebburt . ' ' _/; K , :. I ; . u , , The Attorney General entered about five minutes after the _' Bitting _' pf the court ; All eyes weredireoted towards that learned funotionary _, who said—My , LorJs , IhaVe to move that in _tho , cas 3 of her Majesty against'William Smith O'Brien the prisoner bs called up fer judgment . _, ' ' _. iObief Justioe—Very well .

    Soon _Afterwards Mr Smith O'Brien made his appearance inthe dook . 1 , His manly bearing , hi * calmness , composure , and . firmness , as he stood in the front sf I the . dock , were the ,. theme of , observation throughout the court ., v ¦ . , Tbe Ws ! ° Ul . e _Qtm m _rtiwl t 9 . mi m

    Became.Visibly, Moved, Snd For The; Firs...

    tho indictment , and to ask what the prisoner had ta say why sentence of death ohould not be passed upon _hiffii _^ _wjfein _^ _i _^' - : _>' - _^ I Mr Whiteride moved an arrestof judgment , on two > technical grounds :-l . That the statute of Edward III :, " rn whioh the indictment was fram « d , did not extend to Ireland ; an d 2 . That the orime of lea Vying war against the Queen , where , that was , aa . ia the present case , a constructive and not an actual levying of war , was , by thelltb of Victoria , taken out of the _olass of _treasens ,- and reduced to a felony . The learned gentleman also asked the Court . ro _w . serve for the consideration ofthe judges tbe question as to tho admissibility in evidence of tho speeqhei made bj > Mr O'Brien in March and April , 18 _^; of the meeting of the 21 st of July , . where Mr O'Briea Waa not present ; and of the contents found in Mg O'Brien ' s portmanteau . "» ' The Court overruled bath _obiections in arrest of

    judgment , and with regard to tbe question respecting the admissibility of evidence Chief Justice Black burne . aaid the court was so clear on tbe correctness of . their previous Judgment , that they refused to re _« s _' _erve them for the consideration of the judges . j The Clerk of the Crown then asked Mr O'Brien what he had to say wby the sentence of the law : should not be passed upon him ? ' ¦ Mr O'Brien said—My lords , it is not my intention to enter into any vindication of my conduct , however ? much I might have desired to avail myself of this opportunity ot bo doing . I am perfectly satisfied , with the _corfsoiousncsB tbat I have performed my duty to my country—that I have done only that whioh , in my opinion , it was tbe duty of every Irishman to have done , and I am now prepared to abide tho Consequences bf having performed my duty , to my native land . . Proceed with your Bentenoe . ( Cheers in the gallery . ) .

    .. . \ The Lord Chief Jastice then proceeded amidst tht most profound silence to pronounce the extreme sentence of the law npon the prisoner , ; He said , William Smith O'Brien , after , a long , painful , and laborious trial , a jury of your countrymen bave found : you guilty of high . treason . Their verdiot was accompanied by a recommendation to tbe mercy of tho crown .,, That recommendation , as , is . our duty , we shall send forward to the Lord Lieutenant , to whom , as you must know , _exclusively belongs the power to _comply with its prayer . It now remains for ub to perform the last solemn act of duty-which devolve npon ns—to pronounce that sentence , by which tho law marks tho enormity of your guilt , and aims at the prevention of similar , crimes , by the example ahd infliction of a terrible' punishment . Oh ! , that

    you would reflect _upsn that orime , and dwell npon it with sincere repentance and remorse . Oh ! that yon would regret it as it is regretted by every rational being—that you would feel and know , that il is really and substantially as repugnant to the interests of humanity snd the precepts and spirit of the divine religion you profess , _asit is to the positive law , the violation of whioh is now attended by tie iorfeiture of your life . The few words _youkave addressed to the court , however , forbid me proceeding any farther with _tbisBnbject . It now only remains for tbe court to pronounce the sentence of tho law . Here his lordship assumed the black cap , and . amid a Bilenoe at onoe solemn snd paintnl _, proceeded as follows ; 'That sentence is , that yon , William Smith O'Brien , be taken from hence to the-place

    from whence you came , and be thence drawn on a hurdle to the plaoe of exeoution , and be there hanged by the neck until yon be dead $ that afterwards , yonr head shall be severed from your body , and yonr body divided into : four quarters , to be disposed of as her Majesty Bhall please ; and may God have mercy on yonr soul !' . ( A profound sensation followed the sentence , and continued to manifest itself for several m ' mutes afterwards . ) _-, . The . scene in court , when tbe sentence was announced , was very impressive ; many persons _. _inolnding the Attorney . General himself , shed tears over this unhappy gentleman's fata , and the members of the court exhibited deep emotion . After a pause , several members rushed forward to the dock to take farewell of the prisoner . He shook them warmly by the hand ; Uu manner was calm .

    lie left . the dook with a _steadystep and smiling countenance , and was conveyed to : the cell or waiting-room adjoining . the dook . When the intelligence reached the streets that he had been sentenced to death , crowds of persons collected about the _courthou-e , and great sensation , was manifested , ! Several women ran to the gates shrieking and throwing up their arms in violent grief . , A' large body of the constabulary , with bayonets fixed ; were at onoe marohed into tha square before the court-house . The gaol van ( drawn by two horses ) was then admitted inside taegateB , and the prisoner was placed in it . The VBhiole was then driven to the gaol , surrounded ) by constabulary , and , the prisoner reconducted to , kis cell . The exoitement . in the streets , was . intense , and it was not till a considerable , time had elapsed that it subsided - - r

    . . '; No day has been named for exeoution . It is Vom general belief that the recommendation of the jury . will . be acted . upon by the government and that his life will be spared . No alteration will be made in the treatment or , dress of Mr O'Brien at present , or until hisnltimate . fate is decided . However , the members of bis family _onlyare to haye access to him ; ,

    _' " .. . TRIAL OF MR M'MANUS . Terence Bellew M'Manns was then charged with high treasos .-Mr Butt , Q . C ., and Mr O'Csllaghan appeared as counsel for the prisoner ; When called npon to plead , an application similar to that made in Mr O'Brien ' s case , for a _copyof-the jurors' names and _/ Iistof witnesses , was made by Mr Bntt , i _Q . C ., _'> to : the court , but refused ; ' An application'was then _; made for a copy of the _witsessea' names , on the back ''" of the indiotment . The Attorney-General agreed to "

    Sive what wasse ' _aghtifor as a matter of favour , bnt eclinedtogiv & itasa matter of . right . Mr-Bntt , waiving all teohnioal points , was satisfied to take the names as matter of favour ; and _, ' . as suoh they were given to him . The jury list was then oalled over , and a jury sworn , the prisoner having jast exhausted his challenges whenthat object was effected . ' The clerk then read the indictment , which' contained six counts , withthesameovertaots and the same intents as those laid in the indiotment against MrO'Brien . u ' ¦ - "

    , The Attorney General , in stating the case to thejury , said that : the oharge against the prisoner was substantially this—that he had aotaaUyv aud in fact , levied war agaisst the Queen ; and the question for their consideration : was , whether the prisoner had * _, taken part iti the transactions which had occurred fa this oountry in the month of July last , and whether those transactions amounted' to a levying ef war ? He believed . he . _should'be able- to establish , to the satisfaction of thejury , that an armed insurrection or riBing did take _plaoe'inthiscountry'laBi'July _/ and that with respect to Mr _M'Mai ' _uB hiniself , ' _thb-objeot of it must-have been general . " M _^ M _^ Mahua' waa an _Irishman _. bnt resided-in Liverpddl ; unfortunately 1 for himself he was in the habit of ' _assDciatibB . ' -much .

    with persons who had assumed the denomination of Chartists , and the first evidence' VhicK ' hef' ( the Attorney General ) intended to _prqdttc _^ l against him was , a speeoh delivered by him in Liverpool on the 6 th of JuneSast . That speech he shonld prouuee _notasanactoftreason in itself , but to explain the subsequent conduct of the prisoner in the trthskc tionskere to which he should call their attention , fOn the day he had referred to , a meeting of _perasns who were oonsidered Chartists was held , to sympathise or assist those who were at that time in this country endeaivouring to obtain' a repeal oi the _legislative union .. The speeoh so madewss reported by oneoftheoonstabMJary who was . present at it , and thej _BUbstanoe ofit was that repeal should be carried nil

    by _means _^ thafc if it were not carried by fair me » nB . Jbere would bs a blobdy struggle to obtain it , and that those whojoined him in tbat bloody _strn _* _r-* le which he anticipated would , ai a reward fo / _so joining him , obtain grants of land in Ireland . ' - _* That wauld evidently imply that the conquering or _sneoess-• f _^ r _*^ _^ th 9 _- me 8 DB _ofmaking-iranta . 5 land . Mr M'Manus arrived in Dublin from _Liyernotundertake to give any _eyidence to show that any communication was _foade io Mr _M'Manu _^ in _3-ffi-P oolwhicb brougbtkimoyer to tbis _countj _* , buVto . thought that on _considering the events that had 00 , _exp- _* _esaly forthe purposeioftakino - _««_*« a . -J !! oed ooun

    act _^ enart , in the insurreotp _^ whidh just at that _^ _ffib _^ ? J _?^ _-V . The speech te which > had referred _^ having been made by M ? M . _Manus at Liverpool _,,-ras ooniidered oia sedition _^ _and'impreper tendency , and for . _ihatrand o £ _"Z theco « stebuIary . Accordingly , on comin _* _overinther _ilron Pake steamer , he was accompanied ~ b _^__ _H * _ _Tman , for W _fmi ' & _$ 3 ii _-kfalt _&^ perhapB , of arresting _hijn oh kw arrival _in-Dublin _' ! tt _^ ?? . _? ff , th him - » tin 0 B 3 e . marked witktheini- tials of hw same . He . must have _peroeiiedHthat h & waswatohed _. for on quit _^ ng _^ the _, steamer he left _^ behind him that , tin case-it could , not hare been ao- ' eidentally , for be said ho should _. _ealUor it , but henewr did : so . Upon- that , _^ _Mv _. oaejiea _^ iii the-. course of that day it was ' . found _^ .. contain a suit of uniiBrm coat

    muuary -a green , , _. _gtmitrowtera . and - agte 8 noap , and a _waistceat ., He _. had , heard it ; -IT _. _posedouMrO'Brie _^ _QMhad an uniform of a similar _. despriation , Ther _«' w n , jthiog ! _Ueea _*« aolub assembling in an nnifoim of that description , but he was not aware of anyoir 7 ; ouastance that rendered it advisable or desirablethat ' - _^ _rJMVManuB . should . hare hrought this box with . _feS _v' _» M - * " _^ uld _' , appear , in the course of Mr , 0 'Bnen . 4 _prqeeadtngs , that he wo _* e a oapof the samedescription , as the one found in . the tin case brought over by Mr M'Manus . . Immediately after reaching Dublin , he again left that city . Unfortunately for him , the policeman who had . accompanied him from Liverpoollost sight of him oh bis arrival . It appeared that he went to an , hotel whioh he was in the habit of - going to when he was in _Dublii , tho * he breakfasted there , and said he shonld return , but that he did not do so , snd the next place , he . was seen at was either MjMvl ! ft 9 * W _«» I 9 b iv _Bf-Jlif _lgarry , Thg-3 * . 1

    October 14, Lb48. The Northbkn Star. 7

    October 14 , lb 48 . THE NORTHBkN STAR . 7

• Citation
  • Northern Star (1837-1852), Oct. 14, 1848, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/ns3_14101848/page/7/