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6 THE NORTHERN STAR! _.... " ..- A .!!!?...
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IrrlsttS
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THE STATE TRIALS. COMMISSION COUBTDraus....
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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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6 The Northern Star! _.... " ..- A .!!!?...
6 THE NORTHERN STAR ! _" A _!!!? J '
Irrlstts
_IrrlsttS
The State Trials. Commission Coubtdraus....
THE STATE TRIALS . COMMISSION COUBTDraus . August 17 . -Thtir lordships having regamed the sittings ef the Court at ten r . clock , Mr Kevin _Izid _O'Dogberty was pnt « tt . the . dock _^ to Stand bi 3 trial sgtin for felony nnder the new Ac , MS _JiMES _UAHH-f . # Mr Samuel _Waterhouse . the foreman of the jury who tried and convicted Mr Martio , addressed the Court with reference to an occurrence which hed taken place yesterday evening _afor the _verehct had been found , lie stated that Mr James Martin , brother to the prist ner , entered _omplaiuan-. ' s siiop in Dame street list night , and accosted him in an excited mariner , made acme observations on the subject of the trial , ia the course of which he accused Mr _Waterheuse of having ' bullied' his brother
jurors into finding tho verdict , and concluded by challenging hia to mortal combat . Instead of accepting the invitation to meet Mr Martin in battle array , he felt it his duty to have him conveyed to _Collegestreet police-office . Mr O'Rorke , solicitor for Mr John Martin , subsequently waited upon _complainant , and apologising for the conduct of Mr James Martin , which he imputed to excited _feelings , he _represented the deep pain which the circumstance would irfKet on the prisoner and his family . He had also received & letter to the ssme effect from the gentleman himself , _espressin _^ regret for the course pursued . lie was to " have appeared , in consequence ef the matter , at _Coilege-itreet po'ice-offica this _morning , but having received a summons to attend this Court , he thouiht it his duty , as he intimated last night , to tiring the circumstance _bafore tha notice of their lordshipi .
Mr O'Rorke and Mr Butt interposed on behalf of Mr James Martin , and apologised to the Court . The _Cnief Baron observed that Mr _Waterhouse had acted very properly-that a gi 03 s outrage on the administration of justice had been committed , and inquired whether the _complainant had sworn informations in the case ? Mr Waterhouse replied that he would bave appeared this morning at the Police Office to do so , but that he had received a summons to attend that Court . Tae Chief Baron then directed that Mr James Martin , at the rising of the Court , _bi _brought bafcre them , and either _spslogise _ft-r his conduct or be punished according to the discretion of the Bench . TRIAL OF MR o ' _dCGHEBIT . The Clerk of the Crown then proceeded to call ovsr the _psnel from which the jury to try -Mr O'Doghertv were to be tke .
Mr Butt , Q C , challenged the array , oa the ground that tae panel hsd not been well , equally , and impartially tried by the Sheriff . The Crown having joined issue , Messrs Rathborce and Fig _« _is were appointed trim . Mr Bntt , Q . C ., then stated the nature of the challenge . The prisoner ' s _counsel did not mean to _inainnate that the panel had been arrayed by tbe Sheriff for _= he purpose of prejudicing the Crown or the prisoners , bat that he had been influenced by a motive , however honestly he might have entertained it , wbich ought not to have actuated him if he selected the panel with reference to the religion of tbe
J urors , believing that there ought to be a preponderance of _Protestants on thejury . The bo > . k returned to ths Recorder , out of which the revised list was formed , contained 4 , 000 names frora which tho panel W 33 to be arrayed indifferently . Of those , 3 000 were Roman Catholics and 1 , 000 Protestants ; but into tbat Court a pr-:.: l had been returned of about 150 , of _whcT _. on'y 50 were Roman Catholics and 120 Protestant ? . He did not mean th _* ta jury of Protestant * wonld not do full justice , but assuming Buch a principle of ex . _lusi'in to have been adopted by theSheriff , however hones ' . ly , he conceived _notbiogcouid be more _calcu ' ated to excite distrnst ia the administration i , l
justicp or feeling of disaffection , than if persons were to te admitted to privileges by law , and excluded _practically . Mr O'Rorke , _solicitor for all the prisoners , was then examined , and depased that he had twice applied fci s cop > of the panel , or for permission to compare it with a list of jurors which had _been made _ous at the time ef tbe revision . Mr Croker , agent for Mr Williams , gave similar testimony . A witness , named _Charle 3 Barter , was then _rximine . ' frith reference to the list which he had nr _; d ? out at the time of the revision of the panel by the _Recorder . A ! _--n _? discussion ensued on the subject of this list , which was objected to be received as secondary evidence _.
Tne original list , as _actuary revi ; ed ami signed by the Recorder , was then _produced , and having hem _handed io Barber , ha wa 3 _required to give _evideccas to hie knowledge of the religion of the _prisoners whose names it _contained . Oa cros 3 examination his testimony was deemed insufficient . Mr Buit intimated that he would allow the fact of but thirty Roman Catholics being oe the panel to go to : he _irial of itself . The _nith Sheriff wa 3 then _examined , and deposed that to ; he best of his ability he had arranged tbe panel without referar . ee to the religion of the partie _.- _* .
He w _£ 3 not aware of the religion of the prisoners at the time , nor even that they would be tried , and he had _n-. t made any inquiry of Mr Hamilton , tbe only person who assisted him in making out tha array , aa to the religion of any of the gentlemen whose names he had returned . After tbe list had been made our , he _shewed it to Mr Ponder , who believed it to bs a very fair one ; but _fiading that there were but thirty Roman Catholics on it , and deeming that proportion too small , he displaced twenty Prote 3 _taatB , and he believed _ibst there were fifty Roman Catholics on the present panel , and ne thought that a _juai proportion .
The issue —as then _leftti the triers , who found that the array wa 3 fair and impartial . The Clerk of the Crown then resumed the caTmg of the list from which the jury was to be taken , _.-md the challenges on both sides _having been disposed of , the following _gentlemen were at length sworn : — David Alexander , foreman ; William _Carann , J . ; _, seph Robert Camrain ? , John Cannon , James Wi _' _soa . George Lyon ? , Wm . B . _Lnwry , James Hare , _Ja-arj _HunUr , John Ilarris , Samuel MAlister , and Francis Walker . The Clerk of the Crowa having read the indictment , which charged the prisoner with the 35 ms offences -is _thess alleged on his first trial—namely , thj compassing , devising , < fce ., to depose the Queen from feer _* tyie , honour , and Royal name as Sovereign of the United Kingdom , and with levying war _pgainat her Alajesty for the purpose of compelling her to change her me & _sares ,
The _Snlicitor-Geaenl then stated the ca ; e on dbhz \ i of the Crown , and intimated that other evi deace wonld be _presented to tbe jury , which the Cro _* n had cot been able to offer on tha first trial of the prisoner . The _statemsstjor the Crown was , in substance _, the _saiae as that made by the Attorney-General on this dsy _wet-k . The nrst witness called for the Crown wa 3 , Frauds _M'Keaver —He _depossd that he knew the prisdnc-r for four or five years . Was engaged in the game establishment with him—namely , _thst of Mr Donovan , apothecary . Mr _O'Doherty was then serving his apprenticeship . Witness was at present Mr _Donovan ' s " assistant . Witne 33 was acquainted with tha handwriting of the prisoner ( a document was here pat into _tu-j witness ' s hand ) He believed this to ba in the handwriting of Mr O'Doherty . A Juror . —Did y * u ever see that document before EOS ?
WitcesB . —Tea ; three or fonr days ago I did . Jurcr . —And yet you could not now say that it was iu ihe prisoner ' s handwriting without looking over it ? Att : _- - _? e _j-General . —I desired him to look over it . _Witness . — -I have no doubt of its being in tha prisoner - _handwriting . A . i iiror . —You say there are several corrections all through the paper . D j you believe them to be in the _prisoners handwriting ? Witness—I believe they are . _Atii ' rrj & _j-Gener & l . —When you first knew thia gentleman _, did he prefix the ' O' to his name ? Witness . —I think not .
Crcs ? _examined by Mr Butt . —I saw the paper _produced m Mr O'Ferrali _' a offics three or four days ago . I think it was on Monday last . It was not a Smday . I _cancot exactly say on what day it w ? . _s , but it was this week . I g < it a letter from the _police _commisgionert _reapeotine my attendance at their _tffiaa , and in eon * qience I went to Mr _O'Ferrali _' s office . I did list know whr . t they wanted with me . I knew Mr V _Donovan had been at the Castie rrevi _us ' y , but I did not know then that he w _? nt there to examine whether the handwriting of this paper was tha _prhoaar ' s . _Bsfore 1 went there Mr O Donovan to . 'd ne for wint I was wanted . Mr O'Ferrai showed me the manuscript , and the _mysient I _? a » it I _aaici I believed it was in the prisoner ' s handwriting . I did not read it _throng . I looked at ; he
_commoncment oi it . I did _noi sea tho _prisoner write _tinse two years . I used to fee him write _eonsiautly . ! used t « see him make entries in Mr O'Djrovan ' s books , _md write _rnadioal _prescriptions , but I never saw ii : m write any _iong d cument , such as a letter . I have ao doubt that tha paper produced ( the m _* _uuscrii-tof the article headed 'Oar Harvest Prospect *') in the prisoner ' s band _writing . ( Another document _—tba manuscri pt of tha article _headed ' Our _War _Dapanrcent , ' _ws 3 here put into tha witness ' s _hsnds . ) ThiE : s not ia the prisoner ' s handwriting . I _nstd to live :.: _Poc-ibeg-st ! _e- -T , and was not then very well off . I was rot promised anything ior giving my e > _idrtce , nor c ~ i expect _anyibicg on oath . ( ; he _maEUScrie-t of t !> e a : fides _headed * A Le _.-son from the Insurrection cif _Paris' aad ' _Courage , ' we _? c then put into tho _wuncoaS hands , an ! Ho _ituttd the , were not iu tho _prisoper _' _-s _handr-ritin < r . )
Mr . Vernon , ot ths Stamp Office , wa 3 next exr _.-mined —lie deposed to tho declaration of _proprietor _, ship of ibs _Tribobs having been lodged at b B offiiw , signed b j Mr _O'Daherty and Mr Williams , a > , d Daniel _Uoban _, the printer ; and also te copies of _eaca
The State Trials. Commission Coubtdraus....
publication of that paper , signed by the prisoner , having been lodged there . Cross-examined b y Mr Butt . —I account for the circumstance of one of the newspapers now produced beinp _signed' Kevon Izod O'Doherty , ' and tbe other , ' K . I . Doherty , ' by supposing that the prisoner , whose ori ginal name I found on inquiry to have been Doherty , accidentally forgot his own name ia the harry of writing _. Constable Michael M'Ginn , 12 G , examined . —He brought the newspaper produced at the office of the _Tribusb on the S : h of July .
Serjeant Prender examined by Mr Baldwin . —On the 8 ch of July last _lae went to the printing establishment cf Mr Pardon , on Batchelor ' _t-walk , araed with a warrant , for the arrest of a person named Hoban . After arresting Hofcan he got from him certain manuscripts ctwnected with the Tribune _newspaper , which he brought away to tho detective officer in Exchange-court , and iDckfd up tbere ; thsy were afterwards taken to the _Liwer Castle-yard . The _iiianuscripts already referred to were produced , and identifitd by the witness aa those which he had seized . Constable _Alh-n . 5 G , examined bv Mr Ponce fatber . —I arrested the prisoner , Mr O'Doherty , at his lodgings . I asked him if he waa Mr O'Doherty , and he said he was . I then said I had a warrant for his arrest . He ashed me if it was for any matter _conneeted with the Tribone _, and , on my repl ying in ihe affirmative , he said , ' Very well , that will do , ' and that he expected it .
Edw * rd Purdon _examined by Mr Perrin . — De wa 3 the proprietor of a printing establishment en _Batchelor ' s-walk . He knew Mr O'Doherty . The printing of tbe Tribone used to be done at witness _^ establishment . Saw Mr O'Doherty there fonr or five times asking for proofs .
MR JAMBS MARTIN . Mr Martin , _Ivother to Mr J- _-hn Martin , reoMitly tried and _convicted , was then ,. at the command of the Chief Baron , placed at the bar of the court . Mr Wnterhouse was also called , but he was not in attendance . The Chief Baron said—We dssire Mr Martin and Mr Waterhouse to be in attendance at the sitting of the court to-morrow morning . Mr O'Rarke then applied that Mr Martin might bs allowed to stand out on bail , _Btating that he would b 9 responsible for his _appearance next morn - ing . Tbe application was granted . Bailiffi were then sworn to keep thejury ( for whom accommodation was provided _« t the Northumberland Hotel' * from communicating with any person , and the court adjourned till this ( Friday ) morning , at t _; n o ' clock .
Fridat , Au _^ uBt 18 . —The court sat at the usual hour . THE ATTACK ON THB FOREMAN OF JOHN MARTIN ' S JCRY . Mr James Martin , the brother of John Martin , was sentenced to ene msnth's imprisonment for contempt of court . THE QUEEN V . D 0 HBRTT . Mr Kevon Iz id O'Doherty , the prisoner in this case , was placed at tke bar , and the jury having answered to their names , The Attorney-General read the two articles headed 1 - 'r Harvest Prospects , ' and * Our War Department , ' from tbe manuscript proved to be in the _handwriting of the prisoner , after which the case for the Crowa closed .
Mr Butt , Q C . addressed the juryfor the prisoner . This wm ; he second time be had to address a jury for hisciient , the Attorney-General in the exercise of bis discretion _having thought fit to subject tbe prisoner a second time to the agony of a trial in the same commission . He did not object to his taking that course ; on the contrary , he preferred that he should do so ; because he thought the whole case was now before thejury with such immense advantage to tne prisoner that he expeoted on this indiotment he should be wholly discharged . He oalled the attention of the jury to the law 3 nd facts of the case , and begged of them to enter into a calm _consideration of the condor t of the prisoner . He perceived that his learned friend Mr Whiteside was taking notes for the purpose , be _presumed , of replying to bim , and he
wou'd ba glad to be replied to by a man of genius , because a man of genius would not seek to prejudice the minds of thejury , or condescend to dander the advocate who discharged bis duty to his o'dent fearless of Attornej 8-General , and perfectly regardless of constquerccs . It was said that be ( Mr Butt ) had made an oratorical exhibition the other day , _because he pronounced the English lan-ua _^ e as it ought to be pronounced ; and yet the Crown now invoked the aid of tho man at the Irish bar , of all others who was best ab _' e to m _ke an oratorical display . But though thejury wculd be fascinated by ; his eloquence , he begged of them t > come back to a sober consideration of the case , and ask themselves how far the prisoner at tte bar sought to depose the Queen , or to levy war _acainst her , to compel her to change her _measures .
He called the attention of the jury to the fact , that _ons _paec of the prisoner ' s manuscript was missing , and he thought the only passages on which they could deliberate had been inserted in that manuscript . He found , on comparing the mamncript with the printed article , that the manuscript of the following passage was not forthcoming : — ' To save the _comicg harvest _asd ease their longin ? thirst deep , deep in the bit oi of the English foe . ' It was a curious thing that the manuscript which contained that particular passage , and two er three passages before it , was not in the manuscript that had been produced . Taking all the facts of the case , the construction he asked theja _^ y to put upon it wi > _3 this , that the editor , who was newly appointed , finding tbat this manuscript waa not Etrongly enough written to suit the altered tone
given to the paper—for an altered tono had _baen given to it—altered ; his very pas a _2 e which was so strongly relied upon . Did not this show the enormous danger to an innocent man of permitting a persin to be convicted on constructive evidence . They found one page gone , aHd thsy could only find that that one page was gone because the editor bad removed it , and _subati _^ tuted for it something of his own . He begged to call attention to the part of the article which ha would assume was in the prisoner ' s handwriting , and from the ieading idea in that article they could judge of the _sceiita that had tended to mislead hiB judgment . His client during tho famine fever of last year had at tended ! he fever sheds , and witnessed there the greatest scenes of misery . This it was that _sucges _' ed
the idea to hira , and even the name of tbe paper , _because in ancient R « me ' The Tribune ' _stoDd between tho Senate and the people . He called upon thejury to recollect the scenes that had occurred during the last year . Could they forget that a coroner ' s jury had found a verdict tbat the present Prime Minister of England was guilty of the deaths of those who died of starvation ? And though it might be wrong on the part of the prisoner to speak of the Whig Minister as the ' jackal foe' who drove away the corn from the island , ic was not treason to the Queen to make that assertion . No evidence was produced on the prisoner ' s behalf . Mr Whiteside , Q . C ., about ha ! f-pa 9 t two o ' clock , rose to reply on the part of the _Crown .
Mr O'Rorkei the prisoner ' s solicitor addressiug their lordships , said he objected to the _laarned geBtlfman appearing as counsel 8 gainst his client , _inasmuoh as he had offered him a retainer oa the V _* of the prisoner on _circuit before he was retained by the Crown , and he refused to take it . The Attorney-General : My lord , Mr Whiteside is one of her Majesty ' s counsel , and he is bound by hij oath to act for her whenever called upon to do so by tbe law officers . Baron Pennefather : Mr _O'Rorka , Ibis ia a matter we cannot listen to here . It is q _^ ite irregular . Mr O'Rorke : 1 consider it my duly , my lord , to mention the circumstance , and to enter my protest against the learned gentleman ' s acting for the Crown . Baron _Pennefathtr : Ycu have done so ; but you were quite irregular .
Mr Whiteside then proceeded to reply , acd in doing so expressed his deep regret at the occurrence which had just taken place , lest it should bs imagined fjra moment that he had acted in any way which was unbecoming a gentleman ef bi 3 _profusion . The facts of theoase were shortly these—Mr O'R'jrke , thogentlomsa who had addressed tbe Court , applied to himon circuit to defend some of the parties eharged under ihe Felony Act at the commission , and offered him a retainer in the usual way , but he declined to receive it , and he considered _propsrly so , alleging that he had acted for the Crown in a similar case a short _tirns previously , and that he _bslieved that as one of her Majesty ' s counsel , the Attorney-General _puroosed calling upon him again to act for the Crown . Under
_theae circumstances he ( Mr Whiteside ) refused to be retained by Mr O'Rorke , and _hs _btlieved that he acted as ho was bound in duty lo act , as oae of the Qaeen ' s counsel , sworn to appear on her behalf when called on . The learned gentleman then went on to refer to the Ac . a of Parliament upon which the prosecution was founded , and to show the jury that the manuscripts proved to be in the prisoner ' s handwriting fully sustained ths indictment , by _establishing the intent which _existed in his mind . Ho aho submitted tbat be was equally to be judged as to hia intention b _? all the publications relied on by the Crown , although not in bis own _hxndwriting . Mr Whiteside concluded his reply at six o clock , when tbe court _adjournod _. at ten
Saturday , Ang . 19 . —The caurt _^ at o ' clock ; the prisoner was placed at the bar , aad—Baron Peancfath ? r proceeded to charge the jury . After the very full discussion _tfce case had _undergone and the vory able arguments thf y had heird , as well for the prisoner as for the Crown , little more remained for him than to draw the attention of thejury to the exact question they had to try—to the _Acn of _Pariiamrat upon which that question arose—and shortly to _drtw their attention to the portions of the evidence _Hiicfc appeared to him mainly to bear upon the case . The Crown were bound to establish , by legal evidence , ths cbarge made against the prisoner . In this case they bad legally established it , if the jury believed tha evidence , and , in point of law , _tbsy were not bound to call any other evidence . Then it came te cb > : s—whether there was any reason , from his manner demeanour , or defect ol _opportunity , to doubt the evidence of the witness who proved the prisoner ' s hand '
The State Trials. Commission Coubtdraus....
writing ; and , secondly , he was bound to tell them that , if a faot were sworn to by a witness , and when that fact could be contradicted by the prisoner , if it were not true , and if no such contradiotion was given , the jury must a 9 k themselves _whether such contradiction cculd be truly given ? _Coull they conceive that the pritOQer ( if this was not his handwriting ) could not produce a witness to prove that faot ; He had not done 80 i and the jury were bound to ask themselves what credit they wero bound to give to the uncontradicted testiraany of a witness swearing that he had no doubt of the handwriting . These were questions which it was his duty _topresentto thejury ior their consideration , and it ' was the duty of thejury to give them the
answer , which their sense , Eaoral feeling , and attention to their oaths , required them to do . Assuming chat it was the prisoner ' s handwriting—or at least assuming that he was bound to leave it to the juryfor thoir consideration whether it was or not—they should next consider what bearing it had upon the case . It appeared to be a manuscript with several corrections and interlineations , and they were to judge whether it expressed a deliberate intention or not , cr whether it was merely a hasty composition not intended for use or to express a deliberate opinion . The jury were to _cDnsider from this document , and frcm the manner in which it was prepared and circulated ( and all on it , including the corrections , are aworn to be in the prisoner ' s _handwriting ) ,
and from th 9 faet of the publication , whether it evinces the mind of the prisoner , and his concurrence in th 9 matters stated in that publication . It would appear that the print is a faithful copy of the writing , ae far aa the writing exists ; but there waa a portion of the printed paper which was not in the writing . It appeired from some reason—accident , or other cause not explained— -that about one sheet , or what might be supposed to be one sheet of this writing , had been lost or abstracted , and the part ef tbe print for which there was no corresponding manuscri pt , was unquestionably a part of the print deserving serious consi - deration , and , perhaps , not tho least objectionable in the whole of the printed document . It was assorted by the prisoner ' s counsel that supposing , but by no
means admitting , that this paper was in the handwriting of the prisoner , the part missing was abstracted purposely by some other person who super - intended the printing in the nature of an editor , and that this passage was not in the genuine writing of the prisoner , and never did express his _sentimen ' s . He had with a pencil marked the passage in the indictment which was to be sent up to thejury , and tbey would have to consider , on lo . king to tbe part where it broke off in the manuscript and where it recommenced , whether the entire printing was or was not composed by the same person . They would see , whether the publication of the entire of the print took place with the privity or consent of the prisoner , and he would suggest to them that if any person had interpolated a passage in the prisoner ' s writing against his privity and consent , and if this person were the editor of the paper , under his control , what ought to have been his conduct _bafore any
subsequent publication took place ? What ought to havn _bejs his conduct in any subsequent _publication ? When he was apprised of what waB published , what should have been his course ? Should he have continued the editor in office , or should he have continued the paper if he could not control the editor ? He badthe means of releasing himself from further responsibility by withdrawing bis declaration from the Stamp-office . In calling their attention to this article , he would remind the jury of the excuse which had been offered on his behalf by the prisoner ' s counsel . He said tte prisoner ' s feelings were so much excited by tho misery he saw passin g before his eyes , that he made those publications . But was it consistent to say theve were motives in the prisoner s mind for the publication , and then to deny the publication _altogether ? He had also understood _i be learned counsel to say , that even if it were the intention of the prisoner to prevent the exportation of corn , that would not amount to an intention to
levy war . ' Salus populi suprema lex . ' He did not know whether that _expression was used , feut whether it was used or _wasnot , it was not frr _individual to judge what was ' salus populi . ' It was not for the writers in newspapers , or any other _clasa of the community , to form a judgment of what they considered the ea _' ety of the people , or to carry out by force and violence , and by general insurrection , those projects which they might consider necessary . What , he asked , would bathe state of _thinss in this country , if the imaginations and caprices cf each individual wero to be enforced by the point of the bayonet , and if every man could justify tho coiling of the people into insurrection by the motto , ' Salus populi suprema
lex ? ' A man was not to do that because he _thought it waa right , and _v _*» 3 resolved to do it at all hmrdB . The constitution knew of no such thing . People might discuss n question calmly and _diapasdonately —they might discuss with vehemence and with talent those measures which they thought right , and enforce them by argument to the utmost extent of their _ability , but beyond that they had ns right to go . They had noright to enforce or to attempt to enforce by armed insurrection the thing which , perhaps , they might think right . He said ' perhaps . ' because it was hard to suppose they could think right _suoh things as were contemplated by theae productions : but suppose they did think them right , they were not justified in point of law in enforcing those intentions by insurrection and violence . If such general insurrection broke out , whether it be to prevent the exportation of corn or any other purpose whatever , it would be a levying of war , and an act of high trea .
son on tho part of all those who _engaged in it . If tbe insurrection did not break out but was merel y contemplated , the partiea who devised and intended it would bo guilty of an intention to levy wnr against the Crown , and that would bs a felony within the act of Parliament . Thejury were to consider this question , and give to it the mildest construction th » y could . Let them not attribute to tbe prisoner guilt , except they felt conatrained to do so , for the law considered every raan innocent until his guilt was proved . If he might venture to express a wisb _, it would ba thia—that _thoso who had been led away by publications , fuoh as had appeared before them —by evil advice , by asanKu _' _na temperament , or any inciting or exciting cause—might re _flact calmly and di _^ _assionately upon ths blessings which t hey r . ow enjoy , upon the safety and security for life and liberty , aud upon the safeguards which the _onBtitution throws around even those who ara accused nf
an endeavour to sacrifice and destroy that _constitution . They should think of those blessings and not by a rash desire of change—by the desire of change to be _effected by bljod—by the _sacrifice of life—by the loss of everything tbey held ( ie : _ir—lead to resulta which _wcu'd sink them in a state of slavery , and subject them to an iron despotism . He wi > hed those ' . _hvnga coidd be thought of , and that raen when about creating duturbance o ? revolt , would—laying aside all _consideratioss of others—all considerations even of light or wrong—oalmly reflect upon the consequences , and see how much tbey were likely to lose
and hazard by Buch conduct . He could not avoid _expressing these feelings which pressed upon his mind in a manner ha coull scarcely give utterance to ; but he did _rol _uao them in any manner to influence their verdict against tho prisoner at the bar . They were trying him on an _abstraofc question to be decided upon—by his act 3 , and his _aots aloao , inde . _pendently of other _cansiderations . They were not to conriter the _consequence 3 of what ho had done , or what he had intenacd ; but they were to consider whether ho did intend it , and had evinced that intention in a manner _bsyond all doubt _.
Thejury retired aboutone o ' clock . Tha fireman , after a brief absence , returned into court and _asktd for the newspapers . Attorney-General . —I have no objection ; tho publications bave been proved in evidence ; but a question was raised respecting the papers . Baron Pennefather . —The prisoner ' s counsel objected to _sending up the newspaper ? , as they contained other articles besides those which aro tho subject of the prosecution , and un ! e 33 the prisoner ' s counsel _cansent , _Ioaanotsond them to y , _ju . Mr Butt . —I don ' t think that in a ca 3 e of tbis kind we would he justified in consenting . Attorney General . —The ti-st sheet of the indictment contains a verbatim copy of ths at tides . The jury retired . At half-past oro o ' clock the jury again came out , and applied for aoopj of tho Act of Parliament
. Sir Colman _O'Lighloi . —Since that _questinn was last discussed I have referred to Thistle wood ' s oase , and » that case LordOhisf Justice Abbott consented to give the Act of Parliament to the jury _Attorney-General —Ho read it to them Sir Colman O'Loghlen . -He offered it _thsra , but one of tnern said it would be sufficient for his _lordshio to _read it . _Foremao _-Thcv-o aro some of the jurors who have a doubt as to theact ' _sshowm ? hia intention , and beg you will again explain it . Baron Pennefather read an extract from the Act of _Parliament bearing upon the point to which his attention had been called . A Juror . _—Djea the mere _publishing of an article imply an _intent to di ihe aot ? Some ot the jurors think we must tell the _inuormoi ; thoughts of tho _yentleman . °
Baron _Pennefatber . —The _mcra publishing will not be _enough . You must ba of opinion that ho had tho intention m hra mind . If he wrote it a raan can scarcely be said to write what he did not intend , _sa that if he knowingly publishes a thing , it is to be taken that ho intends what is the _fairimoort of what he knowingly publishes . At half-past three o ' ol _ic ' c tha court directed the sheriff to mqaire if the jury were likel y to agree . Theshentt on his return intimated that thejury told him they wero deliberating , there was no chance of their speedy agreement but they did not dye tha matter up . At half-past five 0 _- Clock tha Chief Baron again directed the sheriff to ascertain if thejury were likely to agree . ' The High _Sheriff .-They have not Bgreed , my Chief Baron . —Swear bailiffs .
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The High Sheriff . —Two of the jurors desired me to mention to your lordship that they are very ill _. The jury were called out . Foreman . —There is not the slightest probability of our agreeing . There are three or four of thejury who are not of the same opinion as the rest , and if we were to remain closeted until Monday morning , I am as confident an I exist , that I would have the same answer to give to your lordship . I am very unwell , and have been lone in attendance during this commission . I must call in the first place for medicine , and I feel if I were oloseted fjr the night , it would endanger my life . Another Juror . —I am also nnwell . Dr Speedy was directed by Baron Pennefather to ascertain the state of those jurors' health , and report to the court .
On his return , he examined tho foreman , who was very unwell , and had all the premonitory _symntoms of fever . It would be dangerous to his health if he were longer confined . Another juror alco suffered from palp itation of the heart . Baron Pennefather . —If they wero kept for the night , would it be dangerous to the life of Mr Alexander ?—Witness . —I think so . Baron Pennefather . —Wou'd keeping him now on be attended with danger . —Witness—Certainly , my lord . An entry was made on the record pursuant to the evidence of the physician , and the jury wa 3 discharged . It is the intention of the Attorney-General to have the prisoner again tried the next commission .
Mr Butt . —I am instructed to apply on the part of the prisoner that he should be let out on bail . Baron Pennefather . —Certainly not . The prisoner was then removed . SENTENCE OF TBANSPORTATION ON JOnS MARTIN . The prisoner was brought up to _receive sentence . The Clerk of the Crown asked him if he had anything to say why _sentenoe should not be pronounced upon him . Prisoner—My lords , I have no _imputation to cast upon the bench , nor have I anything with whioh to charge the jary . I think the judges desired to do their duty as upright judges ; and I think the twelve men put into the box , as I believe , to convict me , voted honestly according to their prejudices . I have no
enmity againBt the sheriff , or _against the Bub-sheriff , or against any oerson _engaged in the arrangement of the panel . I have no enmity to the Attorney . General , or to any person who was engaged in what is called my trial . I don't think I have been yet tried . Le gal formalities have been _carried on for three " days , and thera bas been a verdict of guilty _acainstme , but I have net yet been _putnoon my country . Twelve of my countrymen , indifferently chosen , have not been pat into the jury box , but twelve men selected by the persons who represent the Crown in this oountry , for the purpose of convicting me , and not of trying m « , were put into that box . They were put into that box beoauae the parties
representing the Crown knew that their political principles were opposed to mine ; and the question at issue was a matter of politics , and not a matter of fact . I do consider the judges to bo upright nnd horourable men ; and with respect t 8 the charge I make _apainBt the constitution of the jury , I have no legal evidence of its truth ; but nobody has a moral doubt about it . Everybody _knaws what I have said is the faot , and I would represent most respectfully to the court that they , as upright and honourable meH—as judges and citizens—ought to see that tbe _administration of justice in this country ia above suspicion . I have no more to say about my trial ; but I wish to say something in vindication of my _i-haracter ana motives , after sentence is passed .
Chief Bann . —We can hear nothing from you after sentence ia passed . Prisoner . —Even admitting the _confined constitutional doctrines I hive heard bmohed in this oourt to be the right doctrines , I am not guilty according to Act ot Parliament . I did not intend to levy war against the Queen , or to depose the Queen , by the article of mine on which _thejurr have framed their verdict of guilty . The object of the article written in prison and published in tho last number of my paper , was thi 3—to advise my countrymen to keep armB , because it was their inalienable right , which no Act of parliament cr _proclamation can take from them . I advised them to keep their arms and use their arms in their own defence against all assailants
—even assailants who might c me to aUack them unconstitutionally and improperly using the Queen ' B name . My object in all my _prccedings was to assist in establishing the national independence of Ireland—for the benefit of all the people of Ireland—for the benefit of the people , the landlords , the judges , professional men , and all Irishmen . I _sought tbat object _becauso I thought it waa a right object , and because I think national independence the right of the people of tho country . Living in retirement , I never would have engaged in politics , but because I thongbt it necessary to make an end of the horrible _orimes thiB country presents , its pauperism and the hatred of all classes towards each other . While that system lasted I e . _iuld not have peace of mind , and
could not enjoy anything in this country at all , so long as I believed my countrymen were forced toba _vicieus and to hate each other , and were made paupers and brutes . I acknowledge I have been but a weak aasailant of the English power , I " am not a good writer —I am not a speaker at all . I had only two weeks of experience in the conducting of a _newspap _9 r when I was put into gaol ; but I am _sstisfied to rcier to my countrymen to _everything I have written and said , ar . d to res _^ , my ohara 'tor on a fair and candid examination of them . I will say nothing in vindication of my motives ; but let every fair and honest man , no matter how prejudiced it may be , _calmly take what I have done , and consider my acts , and he must be satisfied that my motives were pure and honourable . I have no more to say .
The Chief Baron then proceeded to pass sentenoe on the _prisonar , and pointed out the evils whioh were likely to result to the country from the course he had adopted . He mentioned tho =. e _circumstanoo 8 , not with a view of calling them to the attention of the prisoner , but as a warning to tho _? e who had been led , or might be led , into similar _oourses . Tho court had ' elt bound in awarding their sentence not to _disivgard altogether the recommendation of the jury to mercy . Prisoner '• I bog pardon for interrupting your lordship , but I _cannot condescend to accept mercy . I belitv _j I am morally right , aud I only want _justice . The Chief Ba'on , aftor some further observations , sentenced tbo _prisoner to ten years' transportation .
THE qUEES V , SHAW , Tho trial of Mr Shaw , the printer of the _Fewf , was also postponed . TUB QUEEN V . DELAHY AND OTHERS . Thomas Delany , and tbe other printers of the Nation , were admitted to bail . They are bound by their recognisances to attend at the next commission .
THE DANGER OP KEEPING PIKES . Mr Baldwin , Q _, C , reminded the court that during that coraaii 8 . ion a lenient course of c _nduct had been adopted by the Crown towards those _persons in whose posse ? _aion pikes were found , on the parties submitting ; but be beggel to _sive notice , that taking into consideration that the pike ia a weapon which could not be kept for any good purpose , they would feel it their duty in every _caie whore , in future , a pike was found in a man ' s possession , to press the _oase against him .
THE QUHEN V . WILLIAM ? . Tno trial of . Mr \ Vi !! iara 3 , the partner of Mr _O'Do _^ herty in the proprietorship of the _Tsiddsb , was postponed , en tho application of the Attorney . General . ( From the Morning Post ) Dublin , August __ 17 th . —Great damage has been done about Limerick by the heavy rain of the last few da ) _s . Fields of wheat , barley , and cats , are prostrate in all directions . Th 6 potato rot is now almost universal . , Oa Saturday night , a barbarous murder was committed on the person of Mr Leahy , an Irish sohaol instructor , while returning from _Etinitkeau ( county Coik ) frtir , held on that day . He was struck on the head with a larye stone , a _'^ d killed on the spot . Nine persons have been masted en suspicion .
Several men-oi-war steamers are now cruising about tho Bay of Killala _, and one is actually anchored in Kilcumin . where , it will be reoollected , the French lauded in ' 93 . _1 CXKC 0 TIOY OF PATRICK PIUCB . This unfortunate young man , _wsio was only about twenty years of ag _<" , wai convicted at the late _asiizss held for " the Queen ' s County , for the murder of John Mabon , at _Loughtaajtie in that county , on Sunday , the 7 th day of March . 1817 , underwent the awful sentence of the law thia day . At ab _^ ut half-pa 3 t eleven o ' clock . 100 of tho constabulary , with the _dstaoiiEaeii '; ot ' the 7 _lst _Regiment , quartered here , were drawn up in front of the gaol , _Thfra were about 1 , 000 _psraonB eol ' ected to witness the execution . At twelve o ' clock theoanviot was launohed into eternity , and died without a _struggle .
STATU OF _CmSMBL AND ADJA . _CSNT TOWNS . ( Prom Saunders ' s News Letter . ) _Clonmcl , the adjacent towns , and surrounding _couniry remain perfectly quiet , tr . _eugh miuy placoa are still without their _confilabu ' ary station ; thero seems to be a remarkable abs ? no _? of even mino r crimes , _r-or does there appear to bs tha least likcli " hood nf a _sarious outbreak here , or anywhere in this county . Tbe only thing that w _uld reader it at all _probablo 13 the _progress of the _ptitaw disease . Many of the uniall landholders say , if tho po _atoss fail they cau pay no rent , and _ths _^ will not ai ' ow their corn to _bsBoli _. _^ r reiv . oved , but tha ; it Hunt remain with them to _support _tham—and thoy _sta _o thoir doi 9 r ; . _ai nation to keep it in tb . oiro _? m _hacd _* at all risks . I groa'dy regret to gay that 'be b : i ; ht _doos prevail morj and nvre : third are few fields in this neighbourhood that aro free _fram it , Many of them are badly attacked , and in several instances a considerable pro . portion of the crop is already gone .
THE CROP _4 IN THE _SOUTU OP iaELAND . A gentleman who has traversed the greater _portha of the counties of Cork , Wattrford , Carlow , and Kilkenny , _wifihin tha last week , bas oommur- ; _iCate ( j the following information of th ? gror , i " jg crops
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which is _posaosBed of national interest at the present m iir the cTunties of Cork and Kerry , which form a large proportion of the Bouth and south-west ot ireland , the plant of potatoes has been exceedingly large , computed by many to fully _equalthe growth ot two years ago , when the most _d-struotive blight was experienced . With scarcely a single exception , the fields now present nothing but a ' blackness of withered foliage , the stems in some instances retaining their gn en hue , and in others , turned to a yellow colour , after the destruction of tbe leaves . The disease , judging from the colour of the fields , has been _nnst virulent in the extreme southern and western part 3 of the county . In Kerry especially , not only the leavesbut the _steraH also are perfectly black .
, Traversing the road from Cork to Youghal , which skirts the north-eastern aide of Cork county , not a field could be seen that ; was altogether tree , the great bulk , equalling five-sixths of the whole , being to all appearance completely destroyed . The tubers , when dry , present , in these counties , more or less unequivooally the signs of decay ; black spots are apparent , and in some oases they have already rotted
away . The wheat-lands in Cork have universally suffered from the heavy rains . Oats are ldged on the ground ; and the general feeling throug hout the _caunty ia one of extreme despondency . Proceeding in a north-easterly direction from Youghal , through _Dungarvan to Waterford , the lessor quantity of rain which has fallen in that district is apparent from the better standing of tho grain . Wheat , notwithstanding , _iB very light and thin , but little has yet been cut , and the continuance of wet unsettled weather during the present week is every day diminishing the ohanca of a successful housing . From Waterford , striking northerly by _Koocksople , though county Kilkenny to Carlow , the conntry wore a more cheering aspect . In the neighbourhood of Kilkenny , wheat and oats are _reported as being good crops should not a longer continuance of wet prevail .
After _levring Waterford , the eye ia relieved in a great measure from the succession of blackened fields which wear bo distressing an aspect further south , but over the route of one hundred miles travelled from that city to Dablin , a perfectly healthy field was a rare exceptien , the large majority varying in their darkened hue from tho first brown tint _. _symp tomatic of approaching ruin , to the jet black colour indicating oomplete destruction . As a general deduction , the main or late crop is almost universally affected , the disease assuming a greater intensity in some districts than others , but from its direful t fleets in those parts where its fist appearance waa manifested , great fears are entertained for those where at present it is yet in a less viruleBt form . The grain crops in South Ireland being thin on the ground , and a very small proportion yetcut , are anticipated to bo under an average in jield . To these barley forms a partial _exoeption , which in most places appears well .
JOHN MARTIN . ( From the correspondent of the Morning Herald ) It is really melancholy to hear the poor people of tho neighbourhood of Loughorne ( near Ne wry ) speak of their benefactor . Several of his tenantry came up to town to be present at his trial , and , as they hoped , hiB escape—for they could not bring themselves to believe a man so amiable , so gentle , and pious , as they had long known him , oould be an inciter to bloodshed . Mr Martin ' s property at L nughorne is said to ba worth & clear net rental of £ 700 a year . Two of his brothers have al _.-o landed property in the same neighbourhood , eaoh of about equal value . I understand that before he published a single number of tbe Fblon he _aligned all his interest at Loughorne to his brothers and sisters , which pretty plainly
_showB that he calculated on tho punishment which has been pronounced upon him . He served his _apprenticeship to an eminent medical man , but having more taste for agricultural pursuits than those ot his pro e 8 sion , he devoted himself to tbe _moresimpleand _le-s exciting . However , he did not abandon entirely the study of physic . He was ever ready tn administer advice and medicine gratuitously to his pour neighbours , and all who _sought his assistance ; and , accerding to the report 1 have received , an incalculable amount of good he did in this way . As a landlord , he was _beleved by his tenantry for his kindness and liberality , while from his suavity of manner ard excellent qualities he was a gre it favourite with the gentry around him . It _appears that John Mitchel and he wore schoolfellows and most devoted friends .
( From the Daily News ) REMOVAL OP PRISONER ? . Dublin , Aug . 18— This morning fourteen prisoners were removed frcm the gaols of Kilmainham and Newgate , under a strong escort of constabulary and city police , and sent by railway to Kingstocn from whence they were transmitted , on beard war steamers , to Belfast . It is supposed that the crowded state of those gaols * waa the cause of this removal . . We _tubjoin the name _, of the prisoners . —Mr Meany , of the _Tribiwe news paper ; Mr _Brennan _, of the Irish - Felon ; Mr _O'HigginB , the Chartist leader ; Mr O'Rorke , of Chmtarf ; Mr Walsh ; Mr Crotty , one of the clerk _< in Pirn ' s establishment ; Mr Baker , of the same ; Mr Taaffe , a barrister ; Mr Bergin ; Mr Eugene O'Reilly . MORE ARRESTS .
Dublin , Auo . 19 . —Five of the young men employed at the establishment of Messrs Cannock _atd White _, " of Henry-street , were this day arrested in thoir employers' shoo by a party of polios , andt & _kan to the Police Commissioners' Office , Lower Castleyard , Five foreigners , who were arre 3 ted at the Charlemont Hotel , Arraaeh , on Sunday morning last , after being sent to Dublin , guarded by a strong pol ' oo force under the command of Sub Inspector Kelly , were , after a brief examination , liberated by order of the Lord Lieutenant . They were all Americans , who had been making the tour of Europe . ( From the correspondent of the Morning Chronicle . )
ABBSYFBALS , rrjBLis , _Fciday . — Several more persons have been arrested , charged with being concerned in tbe robbery of tho mail _btsa . Five peasant * , named Tuoray , Danaher , MAuliffe , Grady , and _Collins _, werd arrested by the police in the mountains , and were brought into Abbeyfeale on Wednesday la' _-t _. Nine others were _arrea ted ona similar charge , near Listowel , on the Kerry side . W . F . Haitnett , who is in _Liraorick gaol , on a warrant for ' treasonable _praotices , ' is not at all im _* plicated in the attack on tho mail-coaches , but hiB brother , Daniel Hartnett , who has absoonded , Stephens died in Kilkenny , on Thursday night , of mortification of the leg . The _Ci-onmbl _Cdroxiclb contains th © following - . —
ABEE 6 T OF ONE OF THE _BALLINOABBr WOUNDED Rebels . —A man of tho nims of James Dwyer _wa » brough iBto Clonmel yesterday ( _Thuradsy ) _, and _lodgtd in the comity _gool ; he was one of tke insurgent band in tho _battlo of Boula ; h Common , and at Balli ? garry , and had a dreadful wound in tho right _tinast . _Ew since the affr . \ y , he hai been _conooatod in one of tho pits in the vioinity of _Boulajh , an 1 from information _recalred by the authorities , he wa _? arrested down in tho pit a few days since , and conveyed to _Killeuaule , from whioh place be was escorted to _Clonme ) . JOHN O ' CONNELL .
It appears that Mr John O'Connell arrived in Dublin on Wednesday , and proceeded to take measures for _inquiring into the expediency of renewing _agitation in Conciliation Hall . It would seem that tha parties _consulted upon thia question had a whole-Borne fear of the consequences , should the government insist upon all agitation being peremp . torily stopped ; and it was deoidsd that the Hall should remain closed for come months . —Leinster Express . ( From the correspondent cf the Morning Chronicle . )
MOKE ARRESTS IS _DUBLIN . Sunday . —Last night constable Prender , of the detective police , arrested Thomas Crotty at tbe _establishm _2 nt of Me _^ srH Pim _. in South Great George's _, _streat on a charge of high treason , He has been _committed to _Kilmainham . Tho prisoner is brother to James Crotty , arrested at the same place some weeks sinoe , now detained in Belfast House of Correction . Mr Gunning _Taafe _, who was _srroeted iu _Balhngarry , has been committed to Newgate .
ESCAPE PF MR O _GORMAS . Tho Limerick Examiner , a Repeal paper , _allegcB tbat Mr Richard _O'Gjrman has _caoaped , and that Mr Little , the resident magistrate , unconsciously aided in his flight . The following , which appears in the LiMKarCK _Ciironiolv _., relates to the same subject : — In c . _mvquenco of private _inforsnation rrcelv _crj tbat t \\ o cMetV _charged with _treooon were at _K'lkep a partv of constabulary nnd Captain _Norton ' s oomp ' my _ofthl-8 S _' . h It giment . _undtr the direction of Mr tittle R M proceeded to _Kilkee and its n . i _ghbourhooo" at tho ' hour ol mir _' nigho , Bolore * he _troopg bad quite _o \ . rired at K . _ikt-o
Mr _Littla prooecded in advnnco , and ordered the local constabulary to immediately Bunrp und onl gua _^ d the hotels and _tsom « private _hcui _* 3 . oa tho nrrival of she mllitrry a rigid search wc . _a _u > ad '» of the different _pliG 6 * _- raentioiiod . Tbo tnti ' . _ors wor , _&\ A to be disguised es . f _* male !> , and occupied lad ' . « _, > 8 pr . _rtmtntB ; it , therefore , _heconio _abealutd _j _ucctaaary , on _thU _important duty , tbat all the _tides' h _« a rooms ( _notwithstanding the hi gh rank of 8 r ji , _j woon De _searched ' . This painful duty ( aa mr . ny 0 f tho _Udi-is weve in their bed . ) was _perforata _b- __ , Mr L _' ttlo aVine , _un-3 ia the _mos ' doiieate mauaer _possiMe _, _oomisteat with hia _maeUt-. rial duty _.
Ihe sale of the household furniture and _iffsots _nj Mr _Uiar _' . eB Gavan Di _. ff _* , ' by order of the trustees , ' ' 'S _ano- _ounced for Wednesday next , and the two W . lo _^»\ ig days _Judging by thy catalogue , V . r DufFy ' :. UP _J 39 acd grounds at Morten , a mile from the _nietrnpolis , muss have been fitted up ia an elegant and costly manner . Amongst the items is the following : — ' The furniture of an apartment in bVchmor . d _Prisw , _oocapied by O'Connell , Mr Duffy , and the other _sta _' e prisoners of 1844 . mounted with the Irish harp in Bilrer _, and the date and _plaoa of their use /
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_Dubus , Saturday Morning . —The arrangement are in progress for a special commission in _thecunnt of Tipperary , for the trial of Mr Smith O'B rien _m T . F . Meagher , and the other parties _implicaul in the insurrectionary outbreak in that count * The letters and other documents found in th . _poswsion oi Mr Smith O'Brien have , it ia under stood , induoed the Crown to expedite this com ! mission . I have reason to believe that the commission will sit at Nenpgh , the as _g n town of the northern riding , and not at Clonmel , as had been generally supposed . I have also learned that Mr Gavan Duffy will Q a tried for high treason , but his trial will take p ' ace a t the _GommtfaiOH in Dublin . _ _......-. _JgS _^
Other parties ( now in custody ) will be tried f 0-treason at the same commission in Dublin , The Limbrick Examiner _cantains the following •« , Mr M ' Corrnack , an American , was arreste I on the ooich at Abbeyfeale , on his _wsy from _Kdltirnpy toDabUn He _woj brought to Limeriek by Head _Conuahle Mills ' au 4 left in chargo of Head Conatabla Mason at _Moore'i Iloel last _nlfht . He paid for the head _constables _cecom . raodatlon at the hotel , and waa _sont on thia dny t _, " Dublin , where his wifo and family are ; He com _plai _,,, bitterly of the wantonness ot his arrest , nn _3 says that ha has paid his passage to America ,
SHOCKING _BARBAniTY . A correspondent at Miltown , Malbay , writes as follows to the Limbrick Examinee : — A horrible cane of death , _arising from utter destitution happened on Thursday week last , in tho parish oi Muling / county Clare . A poor man , who was cut off ihe relief list , having no moans of support , went into a po _' a < garden at _Moy-glasB , Tho son of tbo owner set a largo dog at IQ 9 poor maB , wbich ( horrible to relate ) _knocked him down , tore bim open , and actually devoured a part o ? his entrails , The inhuman wretch who set on the doij looked carelessly on . I hope that he will receive th ?
_reward ho deserves (> r such an act . A party of police from Miltown Malbay wero out bunting for him on Wed . nesday last , but returned witbout him , ( From the correspondent of the Morning Herald . ) Dublin , Monday _erening— This day Mr Edward Mathews , a young man who holds a situation in a government office , was sent to Newgate , under a war . rant charging him with ' _treasonable practices' He is said to be the son of Mr William P . Mathews , Bee retary to the Board of Charitable Donati 9 _ns and Bi quests , and that tbe oharge against him is grounded on _correspeadence which he has had with Mr M _*» i _{ ber .
Dublin , Tueday—Mr Smith O Bnen has retained Mr Jonathan Henn and Mr Whiteside . Mr Duffy has retained Mr Butt . We know not whether Mr _Meagher has yet engn » ed the _servioes of counsel . ARRIVAL OF THE STATE PRI 10 NKR 3 IN _BSLFAIT . About half-past twelve o ' clock today ( Saturday ) the government screw steamer _Trafalgar , landed fourteen of the _stat _* prisoners at Dunbar ' s Dock . In the House of _Correction ( gays the Belfast Chron icle ) the prisoners are privileged to remain during the day in a large room together , but at _niijbt each one retina to a cell allotted to himself . They are supplied with writing materials .
M RE ARRESTS . A respectable _looking young man , whose name ap . peared on the sheet as Nicholas Johnston , dealer , was _brought before Dr Kelly , at the _Ilonry-atreet police-officp , charged with having a case of pistoUi in his ( _'ossession , contrary to law and without a licence . Dr Kelly sent the prisoner for trial at _sessions , but said he would take bail for his apper ce . ( From the Daily Nev . 's )
MKMCAL INJPECTION OF MR MARTIN IN NEWGATE . Di'blin , Tuesday . —The Burgeon-general held a m dical eximination yesterday into the state of _health of Mr Martin . The result is not known . Mr Martin bas always been of freble constitution , and studious habits have not lessened it . His chest _lnoks very much contracted , and his extreme roundness of back den- _tes great _weaknoss there . Eviction on a large f calo is said to be in _progress at Ardmore , county Waterford , and at Carrigaholt , in _^ Clare . THE CR 0 P 3 .
The _accounts of the _erlec . of tbe storm and rain of Sunday night , upon the crops ia the counties of _Dub'in , Meath , Clare , Kildare , and Louth , are very distressing . It appears _thatthe farmer ? , taking advantage of the favourable change in the weather on Friday and Saturday , set actively to reap the crops that were deemed fit for tbe sicklo . Between the raia that has fallen since , aad tbe _storm of last night , all that was cut down presents a wretched appearance . There is every _prospeot of an awful year , far worse than the year previous . The increasing blight of the potatoes , which ig almost _universal : the threatened _blight of grain from the bad we " _, tber , and even tbe difficulty in saving turf , c imbine to render the prospect _most gloomy . The potato , disease is spreading frightfully _thiough a'l quarters and they are now becoming so bad and offensive in manv places tbat the very beasts rofuse to use thero . At Limerick , the wheat is so _lisjht and thin in the ear , as to show scarce a _^ y nutritious substance .
MR BUTT ANB THE SOLICITOR GENERAL . ( From the correspondent of the Morning Chronicle . ) _Dublin . Tuesday . —During the first trial of Mr Kevin O'Doherty , at the _Commission Court , last week , the Solicitor General , Mr Ilatchtll , made some observations io reference to strictures upon the conduct of the Attorney -Goreral , which Mr Butt , the counsel for the prisoner , looked upon as contain _, ing personal _reflections upon himself . When the commission closed , Mr Butt mada a _communication , through a third party ( _A'derman _Hudson ) , requiring ao _explanation of those remarks . The Soiioitor-General gave a reply ta the effect that ho did not intend any personal imputation whatever against Mr Butt , and thus the matter has terminated .
THE CLEARANCE ST 6 TEM . The Dublin Evening Post _contains lbs following horrible account of evictions in Meath : — ' The sheriff attended at _Cloudoogan on yesterday ( August 16 ) , accompanied b y a numerous police forC 3 , and le _» veiled to the ground seventeen houses , _sending the _unfortunate inmates , eighty four in number , adrift upon the world . The following are the narae 3 of _these wretched creatures : _—Cbarlei Ash , wife , and five ohildren : Edward Morris , wife , and two children ; Thomas BrenDan , wife , and seven children ; Michael _Frzrimons , wife , and five children ; Patrick Salmon ,
wife , and one child ; Richard llannon , wif ' , and three children ; Mary Feg & D . and child _; Ilenry Kin ? , wife , mother , and three children ; Edward Murphy , wife , and seven children ; Widow Kelly , two children ; Widow White , two children ; Patrick Stones , wife , and two children : Bridget _Shaunaas , fke children , deserted by her husband ; Widow Connell , two children : Widow Gilligan , two children ; Richard Gilligan , wife , and _twoch'llren ; Patrick _Monaghan , wife , and two children : Widow _Johujon , lw > children , I should feel obliged by your giving publicity to the above statement . I pled ge myself to its accuracy . '
Ballisgabby , Mondsy , ~ Aug ' 2 l . —We had a _violent gale here last night . It raised incessantly . Nearly tha whole of _tbz _tcnta of the 74 th Reginiont were blown down—even the mess-tent , which was well sa cured , could not withstand tbe violence of the storm . Although the country is apparently tranquil , still few are delivered up . Ths eaeampment ia expected tj be struck in eight ur _nina days .
FATAL _AFFRAT NEAR TIPPF _. RARl " . Temflsh > _hb _Barhacks , Au g , 18 . — -This day an inquest was held at this barracks , before Thonm _O'Meara , Esq ., r . n the body of Joshua Colville , private of the 43 rd regiment , who died from injuries re « ceived in an affray with the poople , on the 6 th inst . Charles Hunt , Esq ., R . M ., and several of the _i-fficers ot the 43 rd _regiment were present at the inquiry . The following evidence was given : — John Irwin , corporal , was on hw re _' . um from the town of Tipperary on Sunday , the 6 th in » t . ( in compar . y with a comrade . He saw a crowd of people assembled round a man on _horaebick . The man seemed to be exciting the people , who then ran away from hira , and threw atones _* t faur sohliera ol the 43 rd . Deceased wns one of that _paity " _.
Jame 3 Mason , a private of tho 43 rd regiment , deposed that he and nine others of the military w ° ra _returning from a public-house to their camp , between _ei _^ _htjand nine o ' clock , when thev met ( _aMut fafty yards from town ) a friar on horseback _, lie _sskod _tber business , and was asked in turn what right had he to interfere . The orporal and deponent _gavo themselves up to the picket . It they hid pone to the camp in lie Btate they were , they would have been confined , being found in a quarrel with the _inhabitants . Heard no language that night calculated to insult any oae . Throe of tho party _vrero y drunk .
John O Loary , a _constable at Tipperary , deposed that he saw two soldiers in an angry _conversion with tha Rot , Mr Griffin . Called ou them tn coin ] with him to their barracks , after whioh stones wits thrown at the military Oalled on a man whom ha saw raise stones , and asked him in God ' s namo to desist nnd he said— 'Don ' t you see cur _piie _^ t insulted V There _woim no 9 _tonea thrown while tha tria ? was there . _Cbeoftha military ( thinks the cor-Lora !) had tho mar ' s horse i . y the bridle . He went away as aeon as he was lot go . Arrested Ja _*^ M'Cartky , who had stones in hia hands .
_Sub-Constable Denis _Sheehun deposed thut ! ie earns up to the place where tha sohliera and Rev . Mr Gr _. ffin were in _dispute . Was ttioro before tbe conatabla . Corporal I » win held the horse by I ' * reb . Told him to let hiia go . Ho w . mkl r . o ' - Another soldier canio up and _witnttd him tn _i * away . Ue then said , ' Tj hell with P .-perv . ' l ' ha ¦ _P' _^ p _' . c wished to strike him . _Dapuunf , _tulvuod the D _6 _iip ! e not , nor to _t-.-Vi up _stones . They th _oS th > ra away at the suggestion of the police . Some other evidenoe having boea given , the jury returned as their verdict— ' That the deceased died on the 16 th instant , from the injuries received en the 6 th , from a blow of a stqne on tho side of tha forehead j and that said stone was thrown byao _^ perwa unknown , ' _—jfrewtw _Pachet ,
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Citation
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Northern Star (1837-1852), Aug. 26, 1848, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/ns3_26081848/page/6/
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