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    ^ Jlorim . Mr J . Brennan , Mr O'Rotk ., and many v ^ KowdoyoakDowanysf thoa persons?—! W&Z .. I ooaldidaBtUy ^ oms of them , bat there ffit 2 bers I could notIdentify if they were to waHc ; FiVourtnow . —Mr Whttedde : Now , at . the nuns i jfl »^ dab is not mentioned in this newspaper , ' Uh contains the names of all the elaba whose ** sents tives were appointed at that meeting ?—iSKf ess * I know it is not ; ray same did not ap"Tuntilthenrghfc of the-21 « t , becaute my clnb ^* i branch dab . Williwear that I never read a Nation passed by the Confederation , to the effect 2 ? t the Conf ederation was anxious to uphold reli- ' j ^ a , whilst it disclaimed any sectarian feelintr . fSnotmake any speech at that meeting . Mr fv'Brien eaid the persons at the meeting should leare a in sections of five . The only person I recognised lle hiirmanwas lib O'Brien . He eaid that the errtjisation -was incomplete , at the sane time he

    puff . HegpokeofrataergoiagtotnegaUovsthaa mX any man ahasld lose his life en his aceosnt by ^ t premature step . Hedidnotuythatifkewere ^ j ! r DnfiyTs plies is wsnld rather forfeit his life Z , the gallows nun tint any other person ekould lose y life on his account . ¦ - * llr "Wbitesrde . —Did he not apply that dbserration to the rescue of Mr Dafty *—They were talking ! Lat the breaking out of the insurrection , and there rt » a general eonversatios as to wkat the elubs 5 T aM do if the priscners were conrieteo . —Did not u-O'Britu according to jtrar own account , say that CTwoald rather forfeit bis life thva that any one

    vonld lose his Me by nra ? did be sot say Wat after a . talk abaot the resowtrf Drily ¦ ' —He said ittwice . jqH he after the cbwrvations as to the rescue !—I r ^ e—Ithink so . ^ . jfj O'Brien here ftt . J I beg yens lordship ' s peiv g . . I « a aoi fasrilis * with the proceedings of I jarts of justice , bat I submit that , as your lordship vj ^ je corded what tba witness said nBiarourabldto me , you ought also to take dawn the answers tfc&t ^ favourable to 07 ease . C hief Justice Blaekburce-: How do yon kcow &at jun n ot doing so ? jlr O'Brien : I aidnot eee your lordship do ft . Chief Jastiee Ekekburne ^ Ton had better not intarftre . _ __

    In reply to as observation from Mr Whiteeide , the learned judge eaid he hadtaken down every word Hat was faro&nible to the prisoner . Cr os-examiaatiancontraued . —MrWhitesiSe : In the interval between the 15 th and 19 A , * ha pro * elsmation against arms was issued . The latter meeting was held to defeat the ends of tfce proclamation . —W&s that what was stated m fea requisition ?—3 . look : to the effect and nottoihe words of the requisition . — "Wat not that meeting called by a separate requisitioni—I tell you i didn ' t see it . It was another person who told me the meeting was going on , snd fiat I should go there . —Who t # ld yon that ?—A . person ; I an not eoiag to tell yoa . —Ton most . —I won't—I tell yon , sir , yonshaUteU me —I

    won't teuton . —Mr Woiteside ( eBergeticallj | : I tell yoa I must have it out of yoa . —The witness ( in a harsh yet tremulous tone ) : Yon wont hare it out of me . —Mr Whiteaide ( with increased euergj ) : I den > an 3 that yon altall answer me . —Witness : Do yen think IM giro up a man tote assassinated ty the clubs of DubEnftryour pleasure?— 'Upon your oato . do jon -believe it would be toy pkafttre thst a osasfioaldbaaefiifiinatedf- ^ WitBesB * I : potmy » elf coder the protection of the court . —Mr White-idet Very wd !? 60-so , asd we shaftsee what the retult or { hatwiUbs . KowteUmetheoameofthepenonwho sent you to that meeting . —I told yon beloretbst 1 dontmeantogtvefcisname . There are certain names Ism not going to give , and the reason I woold not

    gheifiemtojoni ? , that they would be held ap for assassination bv the cluba of Diftlin . Upon my oath they woold . Iknov , they would , because I tare been listening to them plotting and concocting assassinations- —Mr Whiteside : See . Mr Dobbyo , yoa sfasll not-escape under tbatflrarieh . —Witness : Very well , I pnt myself under the protection of the court . Mr Whitende . —I insist , my lords , on his answering ay questisn . After some discaaion as to whether the eoeafflunication wh to be considered a privilegedine , Chief Justice Bl&ckhurne delivered , judgment We have considered the-qaestion , and tie result is , that we dotft feel ourselves called upon to compel the witness to answer the question . —Did ysn meet four friesd again that day ? I saw hia at night . I have eeea hits very often since .

    Chief Jostioe Blackburoe . —Was he the mediamof your commnnication 3 with government ?—Witness : Ithkk 80 , mylord . Mr Whiteside . —^ 1 voted that sight for passive re-Hitance . Mr O'Brien did not vote . —What kind of arms did yon see with the CurranClub and when ! —I saw arms with them at the time of Mr MitcheTs trial goingin and cut of the club room in Capel-Btreet . I saw them pvsdicg through the street , and marching rank and file , carrying arms openly , about ten o ' clock at sight , in Cupel-street . 1 saw them coming and going into their club room , No . 93 , at different times , with muskets sometimes , and with pikes at other ? . —Yon told me there was a bandy man of jour acquaintance that made these things

    cheap !—Yes ; he asked me if I would eet one , and that the co-t of ( he material would be 13 = 6 i . That man is alive . I believe his house warsearched by the police—Mr Wfaiteside : Andtheyfonndnott&g there?—Witness : That showed that the police did rot attend to the thice ia time . —Were yoa ever * in the north?—I was . —Did yon see the Orangemen with their anna?—I did . —Mr Whiteside : I hose yon have a proper respect fox ; them . —Mr-Whiteside : You stated toat at the meeting ,-whieb . I will call the proclamation meeting , tnere was some conversation , and you gave five different aa * nnts of it . Yoa said Sratthafit was stated the meeting was to be held fcr'important purposes , * that it was . a meeting' to review the dubs , that it was to arrange the dubs , that it was to appoint a sub-committee ,- and la * tly , that it was for the purpose of electing an executive council : which of these accounts ia the true « ne £ —

    Witness : They are all bee : I understand tbat the words ' important business * include them all . Mr O'Brien was not a representative of a' club . He reviewed the clubs . The council of the Confederation had ceased to exist in form at this time , but in effect it w&s in existence in tbe Irish League , which was then ia existence and holding its meetings . All the members present were disposed to eleet Mr Smith O'Brien , but Mr Dillcn objected , and Eaid that Mr O'Brien wished not to be elected on the council , as he would be better ab ! e to organise the country if he were not The Rev . Mr Kesyon was not elected a member of the council . Mr Gavan- Duffy wroteletter from the . prison , requesting that Fathers O ' Mallefi Ken ? on , and Hughes , together with some others , B&culd be elected members of the council i tbe persons present onammepsly refused to elect & priest , as it was to be a council of war . I swear that upon my oath . - ¦ = ' ¦ - •• " ¦ ' ¦ .: • • - ¦ : .: ••< :

    Several of die voting papers were here handed to the witness , and upon an examination of them it was ascertained that seven votes had been given for the Rev . Mr Kenyan . ¦ Mr Whiteside . —Now , or , do yon persevere in the statement that it was ananimously resolved in tbe first instance Eot to vote for a priest '—Witness : It was said without any deeidon being come to that no priest should be elected , because the council was for war . —The Rev . Mr CMalley ' s name is on these voting papers ?—But he was not elected . Mr O'Brien ' s name appears once en tbe voting papers , but it was crossed out . I was neither president nor secretary , but I was a member of the Red Hand Club : there was no president—Mr Whiteside : Tell

    me any living man who was a member ot that club ? —Witness : Tbe secretary was named O'Callaghan , but he has gone to Aaerica . I don't think it prnden » to eive yon the nsmea of any of the other , per-Bern—Mr Whiteside : So we are not to get tbe names of our brother conspirators .. ( laughter . ; ' Now , sir , what is your profession ' —Witness : I am .. » Protestant —( Laughter . )—Mr Whiteside : Yon know , sir , I did not mean your religion ; I meant what is your trade?—Witness : I am a clerk . —Mr Whiteade : Who sent yon to the dubs in the respectable position of an informer I—Witness : The gentleman I mentioned btfore '; it w&s in January I first became connected with the clnbB . —Mr Whiteade : Did ypn get any cash?—Witness : On my oath from the time I

    became connected with the clubs , np to the present , I never got any gratuityWfiffljey . - iexpestnothing bat the protection of s subject . —M * Whiteside : Then yon are a gratuitous informer ; Now , eir , did yoa not obtain admittance- into the clubs by telling falsehoods , representing yourself as a sincere repealer , and then entering into ' a cannter-plot , as you have expressed it ?—Wimess : I entered into a counter-plot , atd succeeded in defeating their objeet ;—Mr Whiie-idet Oh , my eo : d fellow , yon have not hanged your men yet . —Witness : I did not speak of hanging . I never mads any informations , and did not know that I would be called upon as a witness

    until s few days before I received the subpesoa . I kept notes and memoranda , and gave eepits to the crown —Mr Whiteside : And after tins ia over don ' t yon expect to make a little excursion somewhere \—Witn- -: I do not know ; lam acquainted with Mr HafrV I at 1 don't know where he isat present . The hsttiise 1 saw him was at the meeting on the 2 Ut , alter which they all fled . ' ¦ Francis Danlevy , J . Dowling , Rcberfc Mafcony . Corkran , constables , were examined as to a speech of Mr O'Brien , at Ecniscerlhy , on tbe 22 nd of July . Mr Blake , county inspector , Kilkenny , proved that Mr O'Brien passed throogh Kilkenny en the way to CuTauontheMih . _ _ " . _

    Edward Stephens , a boy abant fifteen or ekteen yeara of age , examited by Mr Lynch . —I live in KilkeLny ( Tne witness identified Mr O'Brien after terse heotatien . ) I eaw Mr O'Brien in Kilkenny on the day of the cattle show , End saw him go uj on the top of the towet of tbe cathedral . Patriek Csrkran . police constable . —I was Bta . tionedat Carrickon the 2 ^ ih of July l ast . Ame ; tinz took place in the Main street on the evening of that cay . I « w Mr O'Brien address the meeting free ihe howe of Mr John Parcel ] . He tpoke from the fcalcoDy outside the wicdew . I thiE& there were toree or four thousand FeiMM present . On appear .

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    ins on the balcony , Mr O'Brien said he was surprised and delighted to see the large assembly that appeared before him ; particularly as he had arrived bat the best way he could test the feelings of their hearts was by calling them at encetothe field . He said he was about to be made a yiotim to English misrnle and English domination ; but there was a time gone by when , if any of his blood or ancestors were about to be seii'd on , no matter by whom , there were strone arms and iwut hearts who would not allow it . He asked them would they al \ ow it ? The answer from the crowd was , ' No ; never . ' . Bj& said he knew they af » had strong nerves and stoat arms , ; that he wanted neither place nor emolument ; that

    ha had sacrificed near and dear family ties , and that he was then determined with them to McriSea life , but that was not the time for Bpeeohimtl Mr O'Brien thea retired . Mr Mesgher then addressed the crowd . He eaid- when last he appeared among them he wm on buskess connected with his country , but now ke was on government business , for the government had advanced a step lately . He then alluded to the arrest and traasportation of Mr Mitehel . Hetaidhe wasoneof thi ? most gifted t ^ tiz 9 ns of this island , and he talked of five " others who were equally gifted that were arrested ; , he complained of the £ ovenimentfor havmg transported Mr Mitchel ; ' he said it was by mean of packed jurie-s sad I can't say whether it was tioody or periured jadgea . He

    sad that every step the government advanced he would advance one to meet them ; that the ' scenes of * 93 were talked of , % nt they could only'pvtuslrthem with death , and he was ready to meet itiadefenceof his unhappy country . He compared -Ireland to a French fire-ship ,-rhich had susk only fer a moment to rise again into a glorious republic : He hurraed them fora republic He Midiha tice was come when they sbcuM-strike the b ! ow ; itmsa decreed not here ( Mr Mesgher then pointed tothe heavens , and said)—not here , but above . He'toH them he was ready , bnt they should not do anything hurriedly or in a confusefhnanner . He said he would give them a fewhonn to deliberate and asain "told them he was

    ready ; after these speeches the -people went away . i I saw Eererd persons attbewinflcw of tbe hoaae , bnt Idorft-know then . X toow John O'Mahomy , ' - and I saw him at Puroell's honse at the time ; the crowd appeared terribly exoited . Mr Whiteside—When was thst paper from wttioh yon refreshed your memory written?—Witness" : This naper was written sieca H < oame to Clonmel<—Mr Whiteside : Didyaa not ^ give me to understand that those were the original notes which yon todk of thosef&eeches r—Witness : I eaid it was a tree copy oftbeonginal . Mr Vhiteside commented strongly on the conduct of thswitae ** in representine the copy of the -notes which ^ te had taken as « rigmsls .

    Crofs-examfoation resumed ; I am sot in ibe-habit of reporting ; Mr Gore Jones was present « t the meeting I have referred to . I stood amongst th « crowd , and had no pencils or paper in my hand . I read over the information against Mr O'Brien this morakg . The infornmtioM are the orighrals , as I was obliged to furnish them in ai hurry to Mr Janes ; I afterwards took nnte ! from the informations . ¦ Mr Whiteside—My lords , tae speech of Mr O'Brien is given verbatim from the informations , andit is quite clear that this witness' committed it to taemory tbia oonunfr . (^ 6 the witaesi ») j Did youTeid over the informafioiM © mtearmg Mr Meigher ' a speech ?—Witnets : Certainly not , as I did not expect I wonld be called on to state any thing xbont that . ( Laughter . i ) " Mr Whiteside here read the original reformation made fey the witness , which did not contata any reference to the French fire-ship , tbe bloody Judges , tbe republic , or the' hurrah for the republic '

    • Qfl te-exammatum bf Mr Scott tbe witness stated that he mentioned to Mr Jones , before whom , the information was sworn ; something about the fire-ship and the republic but the'information was made in such haste that he omitted portions of . tfae apeechi If he had time , to recollect he could have added many other tnat'ers to the 'speech—Mr Whiteside : You ceuM improve upon it 00 doubt ¦ .- ¦ ' . John Hamilton , a police-constable , wsg examined to prove the delivery ef the speech-sworn to by the previous witness . His testimony , was corroborative in all essential particulars . On cross examination he admitted that he ind teamed Mr O'Brien ' s speech off by heart . The court was then adjourned at half-past six o'clock until Monday raorning at nine . The court was more thinly attended on Monday moraing . The following witnesses were examined for the prosecution . - ¦¦

    . Charles Vemon believed the letter handed to him ( thai written to Mr O'Brien ) to be in Mr Doff / a handwriting . ¦ ¦ T . O'Sullivan—Lived in Mnllinahone , Identified the prisoner . Saw him thereon Tuesday , the 25 th July , between twelve and one o ' clock . He had been in ihe town at the time . - Another gentleman was with him . whose name he heard was Dillon . Heard him speak to a member of a club , the number of which consisted of about 150 . -He remained about two hours in the street ? t ' ae numbers increased ; saw him go from one street into another ; met and - introduced himself tothe Rev . Mr Cabil ! a 9 Mr O'Brien . MrCahill remarked that bis proceedings were very wrene , and he was totally against them . Mr O'Brien

    afterwards stood upon a wall and addressed a number of persons . - Ho said that aow > was the time for the people of Ireland to arise and seek their rights ; that the goveramen& « as very near a change ; that there was a warran&agarast himself ; and he hoped that the people wenldnot lethim be arrested . They said they would not . He also said that Irishmen could hold tkeir own situations in place of Englishmen . Gould not recollect anything more that he said ; he spoke a great deal . Mr Dillon also Bpokemostly upon the samesubject . Could not well recollect what he said . ¦ In about an hour and a half law him march through . the town . < Abe ' nt 200 persons walked with him , two deep . They returned to Wright ' s , where Mr O'Brien remained till after

    dusk . Hnodreasofi persons were about the house ; the numbers increased . Mr O'Bnen told them to get their arms in -order , thst he . might see the strength of them . Mr O'Briea had a pistol in his left breast pocket . Others of the people had all sortB of weapons ; between 200 and 300 guns , pikes , old swords , pitchfor&F , and so on . The persons who had arms marched . There were many who had not arms . Did ¦ not we arms with the people till after dusk . Absut three hundred were marching , and the main body was between five and six thousand . There was in the latter and a separation of the armed from the unarmed men . Mr O'Bnen desired that nose should fall into rank hut those who had arms . Saw some of those who were manned gooff . The armed party continued

    in the ttreat the mcit put of the night Saw them go np and do « a the street . Tbera were aimed people going about Wright's sense . Heard Mr O'Brien give them directions to remain the most of the night to guard him , as he might be arrested . Saw him next morning coming down from Wright'a te Fethaidstreet . Saw him also go into the police barracks . There were two persons with him . Understood they were his body guard . Heard that one was O'Donohue , the other a person samed Stevens . They were armed . O'Donobue had a sinele gun ; Stevens faad ^ a doublebairelled gun . Mr O'Brien went to Wright ' s . Siw a ercat number of ^ persons going np there . Mr O'Brien stood upon the wall outside the house , and addressed the crowd as before . About 200 persons

    wf re there . Conld not hear what he said to them . Mr O'Brien left the house about eleven or twelve o ' clock . Saw the people leave the town with pikes ; they went towards BaHingany , between five and six miles off . Saw Mr O'Brien on the Mowing day in Mullinahone , comiag from the direction of Ballingarry , and leading a body of armed men , a pike in his hand , and a cap on . He was in front of tbera , on foot . The indy consisted of ab rat two hundred and fifty ; theadvasced guard consisted of abint twenty or thirty .. They also were armed ; apersoa wa 3 leid > ing the advanced guard ; he was on horseback , armed with a dagger and a pistol ; he had a belt round his waist and a small sward or dagger in it ; did not ascertain bis name ; he had the appearance of a

    gentleman . O'Donohue and - Stevens were with Mr O'Brien and the main bedy ; they were armed in tbe same way as on the day before ; the man who kd the advance guard halted them at the baker ' s to get some bread for them ; be got the bread , and the main body halted at tie same spot ; did not hear the leader order bread , but saw him get it ; the bread waB eaten by them on the spot ; they broke ' out of racks and went about the streets . There were 8 hots fired between one and two o ' clock by some of the main body ; this was after their breaking out of the ranks ; some remained in the town , some did not . Mr Smith O'Brien left the town in about half in hour or an hour after he entered it . He went on the road leading to Carrick-on-Suir ; tbere were about twenty or

    thirty ptrsota with hire . Knew where Cappage was . The people who left him were armed . Knew Ninemile ff ocse . Is was in that direction . Csppage was between Mullinahone ' and that house : Mr O'Brien was armed with a pike . They marched three deep out of the town with Mr O'Brien at their head . - The ; came in four deep . Mr O'Brien had left the town when the persons fired the thota . Mr Dillon and the man on horseback , and Mr Stevens went with him . Did sot see Mr O'Brien after that Thursday . The first evening and en the Thursday they rang the cknrch and chapel bells ; Fires were lighted round the street and the country ; They were lighted oa Slt ' evenamoa and . the sorroacding hills . Noticed about ten or twenty fire ? . •• . >

    Crots-examined by Mr Whiteside . —I did not count fires ' . Did not swear before the magistrates that I eaw twenty fires . The bread was bought at Cop--way ' e . No one was shot in the tows . ' I did not join thepsrty . Mr O'Brien was entertained by Wright , and his ton stowed him into the house . 5 , 000 men wera there after nightfall . —Mr Whiteside : You are able to see beatat night , like thecats ? No . —Yen have used the words ' main bed ; , '' advanced guard , ' and other military terms—were you evtrin the army ? I was in the p lice . —Were you tol dismissed ? No ' . ^ - Were yon charged with" taking a document out of a despatch-box , or putting papers into it?—No ; I re signed . —Were you . not guilty of some impropriety ?

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    —No , I was not . —Will yan go back into the police after this trial ?« -No . Since I left the police force I have been a baker . I resigned the situation hi the police of my own accord- Xwm married , but was Eever married to two women at tha same time '/ '' .: :... ' . . ; . .. ¦ . < v ; ..., ; . David Williams , a head constable , deposed to a speech of Mr O'Brien ' s at Mnllinahone , and also to the following occurrence : —I remember the morning of Wednesday , the 26 th of July ; I saw Mr O'Brien at eight o ' clock on that morning from the barrack ; he had a stick with a spear on the top in his left hand , and a pistol fc hia right hand ; there were three other pistols in the breast of his treat ; there were two persons with him ; ' one was ayoune nan

    about twenty-three fears of age , who carrieda , doublebarrelled gun and a dirk ; the other had a singlebarrelled gun , and his name is O'Donohue . Mr O'Brien asked fie police for their Arms , and I said that we would only give them ap with our livei . He then asked me whether I had not witaened the display that took ? lnce on' the preoaSrag night * and told me that another barrack where tfcere were 500 police was to be attached on that day . He then once sort advised in to give on our anna and go to Callaa , re marking ; that if we did so ho would place us under pay . He tken asked me what I was determined to do , and t-said that I would not surrender my arms . He then-said he wonld giveme one hour tooensider , that at the end of that time be would return with

    690 men , and that resistance on our part would then ' be useless , Abent half an hour after thatoonversation took place , I and tsy party left Mullinahone for Cashel . - ' - Gross-examined by Mr Fitzgerald . —Mr O ' Brien did not stay in the barrack for more than two minutes . I made my informations on the $ ; h of the present month . ' : ¦ ' - '¦ . : Hichiwl Tibin , * peasant , and evidestly a reluctant witnets , waa in tin employment « f Mr Kiokam , at Mullinahone . in July last . ' Did aot remember the day of the fighton the Common . Had heard of it . "Remembered bringing aiar to his master ' s house . Two gentlemen got upon it . Witness drove then four miles on fee road to Carricfe- « n-Snir . = Below the nine mile feonse they met * man on horseback . The oar stepped , the two gentlemen got off and talked

    to tne man ; trat not very loeg . They then got up atain , and they all went into Mullinahone to his master ' s house . It was aboattea o ' clock .. He drove ia tbe direction of Ballingarry , and toskthe two wen along with aim . It was about ten o ' clock when they vet out . It is about six miles from Ballingarry to Multinaho&e . Met some people on the road , but did not know who they were—could not say hew many they were—they were going towards Ballingarry . They were armed with pikes and sticks , bnt did not see guns or any other arras . When he got to fiallinearry , he stopped at the Cross . The gentlemen got off the oar , and he saw them go into a crowd , of persons assembled neat the chapel . The distance between the cross and chapel was about 100 yards They went ap to the crowd , and he . saw other gentlemen in the crowd at the eame time .

    Mr Sausse , in continuation—Do yon kttsw Mr O'Brien ? -No , I do nol . , Turn round to the dock and point out if yen see him : . . .. ' -.. The witness turned accordingly , and directed a long and steidy gass towards the gallery at the rear ofthedock :. ; . ¦ Mr S&uBte . —Don't look to the back of the courtlook to tne dock , and ( ell me if yon ever saw or knew the gentleman in it before .. ' . ,. ' . ' . - The witness , with some hesitation , bwered his eyes to the dock , and after a pause replied , —No , Sir . To the best of my knowledge , I never saw any of the men there before . . .. Mr Sausse . —What men ? " ' Witness—The man there , Sir—I never saw him , to the best of my knowledge . ,.

    .. Mr Sausre . — Whoa do yon say you never saw before ? Mr Whiteside objected to Ihe qaeation . The witness was called by the crown , and they could not press him with the question . . The Court , ruled that the question should hoi he nut . ¦ ¦ : ¦ ' ., ' . ' ,.. . Examination continued , —Did not know the man whom he drove in the car . He heard that the men ' s names were Cantwell and DaHaghue . ' Remembered , " when driving towards Canick , that he met BiancoHi ' s car . Mr Deapard , the magistrate , was there . Something wsa said as they drove past . the car . . ¦ ¦ . .. .. ' . " .

    Mr Whiteside objected ., His learned friend could not ask any questions as to what was said ' by people on a pacing car in evidence against his client The Lord Chief , Justice directed Mr Sauase not to put the question—it could not be admitted . Examination continued—Some one shouted en the car % s it passed . The witness was not cross-examined . William Egan ( an elderly man , with the appearance of a small farmer ) sworn and examined by Mr Lynch—Where were yon employed last July ?—I was employed ia BaUinearry , as steward of the outdoor relief works . —Do you know Mr O'Brien ?—I believe I do . - Sir . —Turn round , and tell me if you see him ? Look at the dock —The witness turned slowly round , and , after a long panBp , said , in a faltering voice and with great hesitation , , \ 1 see the man lxSir , that was said to be Mr O'Brien . * The examination , the . re . plies to which were elicited very slowly from the

    witness , was then continued—He had * seen tha gentleman in the doofe last July , in Ballingarry , pot had not noticed him entering the , place . He was in the main street , and was accompaaied by several persons to whom he wa ^ speaking . The popple were . cp ' ming from . the Cross , and going towards , ttie . chajpel-jard . Saw Mr O'Briea with them . They jere , coming from the direction of Mullinahone , : Cqul < t not 8 » 7 if Mr O'Brien was armed or . pot ; there " was an appearance as if he had a large , pistol . , in his breast , bathe conld not swear to it . Mr O'Brjen , addressed the ' people at the chapel gate . on the , wal \ . Heard some of what he said ; he . wanted to know if the people would stand by hini if the police were going to arrest him .., Did not hear him say . anything else which he could be sure of . ,. ¦' . ; Mr Whitesidfe objected tocoutsel pressing the wit ness , after . such a statement , as to what was said by Mr O'Brien . ; " T .

    The Lord Chief Jastioe ruled that the queition should not be pressed . > . .. Examination continued—Mr Dillon also addressed tbe people , but he could not in jnttice pretead to say he remembered what the gentleman said . . When the speeches were over , Mr O'Brien wentjnto the chapelyard . He said he wanted so manyqf the people " a « a guard . ' Did not see any of tfo people come out in consequence , or act as a gaard , ¦ , Did not see any of them armed on that ocoaiion . ¦ , ¦•/ . . ' John CftTaoasb , examwied by ft © Attorney . General , —Lived atBallingary . £ ept a linen and woollen shop . Remembered s « me gentlemen cpmijig to his house on Wednesday , 26 : h July , about five or . bix o ' clock in the evening . There were six or seven of them . Hadknownuoneof them previously : did net know any of thea now . . '

    The Attorney General—Turn to , , the dock , and say if yon know either of those twe gentlemen stand ing there ( Mr O'Brien , and Mr Straban governor of the gaol ) . .. The witness , with great , and most evident reluctance , looked to the dock and said , 'I never saw them to the best of my belief . ' The Attorney General , —Will yon swear you don't know either of these gentlemen , and nevereaw them before . ( The witness hesitated ) . Will yoa swear that on the virtue of your oath , air ? , ; . \ Mr Whiteside . —I object to the Attorney General examining the witness in this way . He has no right to address him in that way ,, as he has the crown witness before him he should examine him in the

    uiual manner ; . . . The Attorney General—The question u quite . regular . ( To the witness ) . I ask yoa again , Did yoa ever see either of the two gentlemen in the dock before ? Look at the front of the dock :. Did you ever see them , or either of them , before ? Nut to the best of my knowledge . . : The Attorney General-Do yon swear that on yaur oath , sir ? - , Mr Whiteeide—Really , my lord , I must object to this conduct on the part of the Attorney General-He first 8 sks the witness if he knovis my client ? When he tells him he does not to the best ot his belief , he asks him again and again if he wUl swear it onhi 3 oaths . _ _ .

    .... Tiw Lord Chief JniKce-rMr : Attorney , I think you have gone as far as yon can ; The examination was resumed—There were six or seven gentlemen . One or two came first , and the rest followed after : The first oame about five 1 or nx o ' clock , but he had neither a dock , nor a watch ; The first was rot there more than two or three . minutes befere the next . The others he thought came in together . They remained for the night in hu house . They eat and drank there , but he was not in the room at tbe time . They were in'a room npstaiw .

    lie went np once inthe evening to see what they wereaboutv One or two were on the bed , the others were standing about . A dinner was prepared . for them by his wife and maid-servant : it was not prepared before they came . They had some pots and beefBteaks . Did not know who ordered it . . It was broad daylight when they came in . They , did not stop in the shop , they went in and took possession . The Attornej > Gener 9 l . —Did they go into your house without asking yonr permission ? I believe one of them said , * 1 will be your gaeat for the niRht . ' ¦ . . . . ! . .. , .... . _

    Mr Whiteside objected to what those 6 ve or six men said on the ooeasion being evidence against the prisoner , unless he was proved to be connected with them . ¦ ' ., . The Attorney General would produce evidence to show who thoae five or bix men were . ( To the witness ) . Did 70 a know the gentleman whoaaidne would be your gaest for the night ? No . —Would you know him again ? I think not , as I was in a great agitation at tne time . Saw no arms at the time when they came iu , but eaw some in the evening in a man ' s band , it waB a gnn ; one went out at one time and another at another time . They went through the Bhop ; Witness was in the ihop at the time , bat

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    be should nyt know them again . He stood behind hit 1 oountev At one time he looked out of his shop - ** k ? 1 ? ? . * ny People more than usual in the toWj-W * . mm \ LM . t , BeiB . whether they were armed . He w » A not oear emmgh . :: Tt was about an ' hour be-Tore inegentlemen oame to . his house that he saw the people . He remained in his shop all that . night . H * shut up hiB shop thit night hioBelf . MThe shut-? . ers were put up outside ; When he was putting ¦ up hi » shutters he saw no people in the town , Did , not see what the gentlemen were doing whilst in his bouse . There were only twobedroomB in the house .. They were in hiuown ( witness ' s ) . bedroom that night . He himself remained no aHi night . fThe other was the servant ' s room . The next morning he saw those gentlemen leaving . Some went out as early as- five OTsixo ' clook ; They went through the shop . Some ; of them breakfasted there next morning , bii ^; he did

    not take up the breakfast , nor did he prepare it .- He ' did not see any of them return . jThey might have returned without hisfieeinp them , as he , wsB , bu ? y about his own business . Some of = the gentlemen left about eleven o ' clock . Remembered a [ party of gentlemen subsequently oomin ? to his bouBe , . He Ihenght it was oa Friday evening . Recollected hearing of the row on th * Cmnm « n < It was that Friday evening before the row he was speaking of . Could not say whether the gentlemen who came on that Occasion were the same as before . He did ¦ not know them . They came about four o ' clock into hie shops Tfeev . didnotgoapsta . ir 8 , ThoBe who were thereon Wednesday evening did not leave anything . He did not remark when they left on the Thursday morning the gon he said he saw in the hands « f one them in tbewenng ; The Attorney General—Wer « you paid for that accomrflOQation ? '

    . Mr Whiteside objected to the question . No faot wasevidence in thiB caae wMck yrzs not relevant to the insde . Thia was the r « kin civilcagfea , and , *? Jadge Foster said , pressed with tenfold force ia s criminal ca « . ¦ . . . " ' .. ' . '• ¦ ' " : ¦ ¦ ¦ ¦¦ .. The Lord Chief Jaattpe'fto the jury ) . —Nothing is evidence sgainst the prisoner unless it is proved that he wm connected with it . . ' , The examination waithen resumed . —When they left they bought « ome etoofringa of my ^ wrfe , and threw a Bovereien onthe « ouvter .,.. The Attorney ' . General--rWere any of < the gentle . to

    men who came ypu . on Friday evening the same as those who were at your house oa . Friday ? I think not . —Are yonposrtireoartainofii ? lam sot , for I was greatly agitated that they should come to my house a second time . —A juryman : ' Why were you agitated the first time ? That they should come into my house at all .. —You did not know them ? Die } ! you think they were wing to do any harm ? I did I not like that they should come into my place—Did you ask them to go out ? No . —Why cot ? Because ¦ I waa afraid . —Why ? There was a mob outside . — ' Did you understand the occasion of there being a

    mob outside ?—I heard the people say tbe war was kindline . .. Mr Whiteside declined croaa-examining the witness * ' . , . • A juryman—We wish to know whether the mob outside had done anything to make you agitated or apprehensive for your safety ? No . ~ With respect tothefirst time , when they , left they gave your wife a sovereign—then why were you agjtated on . the second occasion ? I wished them not te come into my place at all . I told them so , and theyaaiditwaano difference .. . ,...., . . . . ..... 1 Mary Egan , examined by the Solicitor General-Lived with Mr Cavanagb , of Balliugarry , as servant ; , in July . Remembered some gentlemen coming to her master'tfiouee on the evening of Wednesday ,

    the 26 th of July last ; it was not very long before dark . Was not at home when they first came in . First saw them in their bedroom . They got seme dinner there Witness took up the dinner , but they were riot ' in the room at the time ; they might have come , but she did not Bee them . They had the dinner in the parlour ; that was upstairs . There . were three rooms . upstaira ; two were bedrooms , one waa Mr and Mra Ca ' vanagh's , the other was for anyone that came there .. They let lodgings . WitnesB cooked the dinner ; but , faith , she conld net say how many dined there . ' . She laid plates for eight . It was by . daylight they dined . Did not see whether there was a . person for eaoh . Vplato . Merely left the dinner on the table . . Cleared the room after dihner . They were in the roem , but witness did not

    see them go ontafter dinner . They slept ; in thejroom thatwaslet . Her master and mistress slept jua their own room on that , night , but . ehe did iaot eee them . Was up in the morning : before they left . Sho herself slept iu thekitohen . They had their breakfast in the morning in the same room where they dined , upstairs , bnt conld not say how many breakfasted . Did cot count the caps and saucers ! Did riot , go into the room whiht they were at breakfast , . but , took away the things after they had done . They . wero not in the room at the time . Did notkBowany of the gentletnen . Did not see any of them come back on the Friday night . ; The witness was directed to look round and say whether she had seen Mr O'Brien'beore , She looked at the dock and replied' I never

    , did to my knowledge . ' , . ..... ( V , ,.. ' ¦ . The Solicitor General—Did yon see any arms with any of the eight gentlemen f . I did not . . , ,., . . James Norton , ^ arm ' er , at ^ allingary , deposed to , circumstanofs connectedI . with the outbreak at that place / but did not identify , Mr O'Brien . . ' . .. . George . Sparrow ^ a youth about ' seventeen , gave Btrong evidence against Mr O'Brien , JVIr Dillon , and Mr Meagber . He swo / e that . these gentlemen headed three armed bodies , drilled them ,, and ; in . other re "¦ sifebts koted as thecommandera of an armed force . Crdss-exarainedhy Mr Whiteeide : I jived at the Cross ; with my ' father-in- | aw . , I have . no business . My father-in-law ia in , the , ' police , —Do you expect antthitif for vflnr evidenr . B ? . I nniiV onr —Dn «' nn

    , expect ' anything ? I have not / got it yet . —Do you . expectlt ? Ican't say . ( ft . hies in the galiery . )—If " a ' piece of good luck await yon you won't refuse it ? Perhaps you jwill be sent to a msre flourishing country than Ireland ? . I , pau ; t say—Well , that is all I can expeot from you . , . John O'Dinnell , a respectable loaoking . farm . er , was then called forward , and made his appearance oh the table . . When . the book wasteEdered ; to him he exclaimed with energy , 'No , I wont he sworn ; if I were placed before a rank of soldiers not one word would I . speak though twenty , bayonets were to be driven into my . heart . My brother is one of the prisoners , my lords , and I could , never go back to my own house again with the badge ef an informer on my breast ; • ... . . ...

    ThejAttorney General . —You will not be aBked to give evidence against your brother . O'Doanell , —I don ' t oare , Sir directly or indirectly I ' will give no eVideBce . " . ' : The court ordered his committal to prison . [ When he refused to take the book , and , folding his arms looked upon the court , a decided sensation was raiade upon the . audience ^ bat there were no murmura of approbation or any attempt , at applause , ] ' Thomas Burke identified Mr O'Brien , and depoud to seeing him at Ballingairy armed , and taking a leading part in directiDg the people who were also armed . ' " ' . " . . . ' . ' ., Crosi-examinedbrMr Fitzzerald . —I went mvsel !

    with the people on the Wednesday , bat not on the Thursday . I am a summons server at the petty aes-Bions . I have been kept in the custody of the ! police since these events . ' . I made two informations ' . I was brsnght to Dublin and kept there till lately . Nobady told me that I woBld ' be proseouted ,. I was taken prisoner at Ballingarry . ' I got nothing for comm s here , and expect nothibg . I was in custody When I made ray informations . I said nothing in either cf my informations absut the proposal to burn the house . Although there is nothing in them about a manbeing _ shot , IBwearthatl told theoiicutns ' tanco toMt < Goin ? . I did not mention anything about the drilling until I oame hero .

    . J . Walshe was examined by the ' Attorney Genera ) , arid excited considerable amusement by the ingo nuity with which he endeavoured to parry the learned gentleman ' s qaestions . He was a most unwilling Witness throughout the day . Helived at Killenaule , and was , among other things , a hotel-keeper . Recollected that towards the close of' July some gentlemen came to his house late at nikhfc , and saw some of them on the folWwing day . Had never seen any of them before . Recollected' a gentleman stopping at his house four or five days before that . Did riot know if that gentleman was one of those who came late on the night in question . —The witness , on being asked to look at tha dock and say if he knew the gentleman there , said , 'I don't know who heist ' The Attorney General —Whioh'bf the gentlemen are you looking at ?—The one next mei I know the gwler very well . ' ( A laugh . ) Did you ever see th ' V other gentleman before ? -I don ' t know whether 1

    did or not . Was net near-sighted . Saw some strange geatlemen about his house in the morning . That was tha morning of the barricades . * The bill was paid—lS 3 j . 6 d . ; but he did not know the person who paid it . Did not recollect that another party came to his home after the other had left , -Remarked that oneof the stranger ' s wore a straw or chip hat . A J ^ KP * , ™ 1 natned Cashel , took oneofttie genilamen frpmKillenanle , but witness could ' nbt ' say which way he drove them . When he ' heard of the barncades and of the army coming . 'he shut ' up his eliop andyent tVray . Saw a carbine in his house , but could not jay who brought' it there ; ortowhom it belonged . Saw . an armed man ' with a smaU gun in his band outside his house that night . Believed his name was Archw . ' There was another man outside with arms also . That was before'he heard of the barricades . .. Had seen Djheny " about two yearB ago , butnotsiuce . J '' ¦ '" " ¦ J A Peasant , about twerily-three years of age , named Richard Kee ; was then called as a witness , and came forward to the table , bnt refused to ba

    sworn ; • . The Lord Chief Jdstice told him thatsochcosduct wasa contempt of court , and if tewisted in he muit be committed . ¦ The man , however , still refused to take tbe oath , and was accordingly ootEmitted . ! William Parsons . a privateof tbe 8 : h Hussars , exarniaed by Mr Scott-Was marching on the 28 : h of July with a troop of forty-five soldieis , under Captain LoDgmore , from Fethard to Killenaule . Was in

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    advance of the othere ; Met with the obstruction of a barricade on entering the village of Killenaule . It ¦ J £ 5 Syfe S 6 . .. There > waa a gewnd banicade about twenty yards beyond tho other . - Oa * amving at the tu X&i t ' , ! " » ««»» forward with a rifle and £ BiZ ! ° ^\ t ^ ; not he ^ ouw blow ws ¦ S ™ 5 i * ' ^ 'A ^ «»»« his oaptain came up . : rhe people about tbeharricade said 'they would kill Sdst liir / a 8 al * w' The ^ an with the rifle said so . Il » 8 > eeen that man since . . He ia now in SSk ^ f 1 ? D 8 rned Orch » ri- Heard nothing ten inOo atoning when he came up to the first barripado ^ , At : the end often minutes itTa " removed . , rlis . mtan » tum .. wu produced and read . KatesofdrSs B | M killing the b ~^ y

    o f ? f . WhitesWe . coamenteA rather severely on this ' Th ? ^ f Ojiief Justice Baid , thatsuoh observations ougnc not to he made . ; - Another private of the 8 th Hoeaars , examined by Mr oausse , g * ve similar evidence to the Jest witness . , ¦ ,. tl . . Captain Longmore , of the 8 A Hussars , examined by Mr Lynch , proved meeting with the barricades . He rode up and told the person he saw . that unless the barricades wero immediately removed , he should teel ljhis duty to fire . A m «» , rather tall snd Ballow , respeofaWy ; dreBS « d , bat without arms , oame forward fwm the barripades , and Baid he understood the imp was merely passhii ? through the town , but that the people were determined to resist tho amst

    of . Smith 'O'Brien , who was ; then in the town . ; He asked witaesB if he had a wanant to arre 3 t him ? To which witness replied , * , No . ' Kfothing further was eaid , and the barricades were ordered to be reni 6 J ? ed—Ittttw&ti WthatperaonVdlreotion . The ? were removed , and Ike troops passed through . W . ¦ Ca shel , examined ; Knew Mr Walsh , the hotelkeeper at Killenaule . ; Was . in his employment as driver . Recollected the Friday upon whioh the barrioadea were erected . Drove gentlemen on a car from Wsmaster ' s house ; three gentlemen were on the oar . Did not see any pistols ,- ^ About what tirao did you leave your master ' s house exaotly ?—I don't know . ( A laugU-Where did j ' ou take those three gentlemen ?—Witness : I went hd to the ooromons

    with them . Tho Reritlernen gat oft the car beyond the ' pouid- Went from the bottom of toe-hill to BajlinaBtjck cross . fhe gentlemen went np to Keockadill . Tieroey ' s house was a fewperohes from the cross . The cars " came the Ballyphilip , road . The three oars went upon the coinmons of Ballingarry . They , stopped on the road opposite the widow Glacken ' s . Could not tell where tbe gentle men were the night before . The gentlemen were , of course , in Mb master ' s . honee , that moraing . Would not know , any of the gentlemen .- Could nnt identify the prisoner . Heard it was Mr Smith O'Brien . Did not know whether he was there or not , Attorney General ^ Thatiu not Mr Smith O'Brien at all , I Buppose , ? ( pointing to the dock . ) .

    Mr Whiteside—I objeot to such an observation i » a capital case . It , will be read with astbniahment chat each a remark has been made . : Witness—I went home on Saturday evening . I heard shots fired before I left the village , in the direction of the Widow M'Gormiok ' s house .. When I left the gentlemen on , the load . near the Nine-milehouae I neye ' r looked . bapk . to ses . where they-went . It is a distance of about a mile arid a half from the Widow iM'Cormjck ' fl to Ballingarry . —Cross examined by . Mf j ^ Fi ^ jerald—The widow M'Coripick ' B house is about ' three mile 3 from the commons , ; William Penloct and J . Pemberton , employed at the collieries , near . the , Common , deposed tocircumstances connected with tieaffair at widow . CormiokV ) .

    ., Ihq CrawB aplicitor then called the next witness , J . ohjfi Lamphier ,, who came upon the table . Mr Smith ' p'Brign , addressing the Court , Baid— , After nine , hours' sitting , 1 think it ia agreaf injustice to ! mYcounsel and to my caae to Bit any longer : to-nighi . ' It , deprives us of the opportunity of consulting in the evenipg , and it is most harrassing to myoourisel , who cannot , undar such circumstances , do justice to themselves or 10 me . It ia pwt six 6 ' clook now . ,. , . ,, ,, . The Attorney GeneraKThe . examination of this witness will tako some time . Chief , Justice Blaokr ^ ur ' ne—Let . the Court ba adjourned to nine o ' clock in the morning . Mt O'Brien—I beg ? , publioly to of « my thanks for this concession . >

    On resuming , at half-past nine o ' clock on Tuvsday . morning , evidenoo waa given as to the affair on Baulagh Common—at Yfrdo * MCormiok ' s . , John Lamphier examined , by the Attorney Gena-, ralI . —Witness livea at ,. the Commras , of Boulagh , and ia a pay clerk inthe employment of , the , Mining Compatiy of Ireland . In the early part , of ' , Friday evening , the 28 th of July witness . was oh the conperns of the , compaBy , when he saw three jaunting cars pass by . They stopped at a public-house kept by Thomas Sulliyan .,,. There were from eight to . ten persons on the . ^ cars .. The prisoner , waa on one oi the oars . After the pars stepped , Mr O'Brien walked out in the . rosd 1 , andaddreJ ! sei the . people who were assembled , tolhe amount of . 200 or 300 . He told

    them that there was a warrant but against him , offering £ 600 for hiB arrest ; that if they would protect him and arm , Ireland . would be free in a fortnight . Some . of the people said they had no . arms , and Mr Smith O'Brien said shraes were very good weapops to those who hid no arms . Next day , betw . een ; nine and ten , ; en the Saturday morning , witness again saw Mr . O'Brien . ; He was then on the road ... There was . a great many people with him . Mostjof them were ; aimed . ; There anight be about one hundred altogether . About twelve o ' clock Mr O'Brien walked into the yard of the mining concern . He asked who . was > in charge ofthe . concern . Witness said that / he was . He said . he came for some carts snd boxew There was then a cart inside

    tbe , g * te . There waa a small boy walking after him at the . time . He said he . wanted the carts and boxes , to throw up a barricade . across the road . Witness said he would not give them . Mr O'Brien Ba'd he would take . tkem byrforce , and ordered a man who . was standing by to wheel away the cart , but the man refuted .. Mr O'Brien then commenced to wheel the cart himself , 'but he only removed it a few yards . At this time about 500 people bad col . lectcd within fifty yards of the gate of the concern . They were shouting .. Mr O'Brien then left the yard , and went to ihe crowd outside , after which a number of people that were not armed oame into the yard . and commenced ringing the workmen ' s bell . They continued ringing about a Quarter of

    an hour . The people outsido commenced to erect a barricade oh the road , leading to Ballingarry . They completed its erection .. The barricade consisted of a ladder , some boxes , , sticks , ^ and stones , as well as witness oould . see , he being at cte time more than lOO . yardsfrom it .. ; It wasabout four feet high . The people then marched up and down the road shouting . Most of them were armed ! with pikes ' and guns .- Mr . O'Brien'had ' a pUtolin his hand when he came into the yardi The people remained at the barricade about an hour . They then went towards the Widow . M'Oormick ' s house . Before that witne 33 isaw . a . body of police come up ths ' BaUiogarry-road , as far as Scott ' s-crose .

    When they got 'there , they turned off , to the right towards Mrs M'Cormick ? . WitneBg saw Mr O'Brien going through the fields with the people . A * well as witness could tee at tho distance , the police got first . into Mrs M'Oormiok ' s house .. The people Bhouted as they went . to the house .: Witness heard firing abaut-a quarter ef an hour . after the party g . > t to Widow M'Cqrmick ' s . There was about 500 people then about the heuaei There w . ere also a great many people on the hills arourfd , but witness could not see whether they were -armed . Later in the day , about an hoar and a half after the firing , witness saw another . party of police coming from the direction of Kilkenny , , . i ,. ¦

    Ia cross-examination by Mr Whiteside , the witness said he remembered what he did remember of the speeches as well now . as he did the day after .. Witness intended to continue in his office as long as he oould . . Witness , had , seen a good , deal of . police life lately , but , he preferred his own . There was no injury done to the companfs property . ThecottierB were anxious to protect Mr O'Brien from arrest ' There was about fiOlba . of powder on the premises , butthere , wasno attempt to take it . Witness was not personally afraid when the crowd came round Mr O'Brien ., Witness never did report speeches , and took no notes , no ^ a scrap , of Mr 0 Brien ' s speech . The people of the ,. village , illuminated their houBes that nighs . WitneB 3 ., went to bed that sight and slept . ' . of

    Mr Whiteside .-V ^ hat ! on the eve a re volutioa f ' -Witness : Yes . " ,. ' " , Owen Gulleninthe ' employment ofthe same compiDy , testified to , having seen Mr O'Brien , conversed with h ; m and , identified a letter whioh Mr O'Brien Bent through the witness to the Mining . Company . Mr R . Purd , secretary to the Company , also identified the letter . . . ' Sub-inopector T , Trant , examined by Mr Sausse : I was stationed atOallariin'Ju . ylast . On Saturday the 29 th of July , ' about nine or ten o ' clock in the morning , I set out from Callan , - and arrived in Ballingarry ; between ; twelve and one . I had ' fortysix men under my . oornraanil . After I had passed through Ballingarry ,-rsaw . crowds following me and crowds ' pasgini' through t&b fields ob my ' left .

    When I had advanced abput twd miJe ^ beyond Ballingarry , t 6 wara * B , the Commoris / IbjbaervelgreatcrqWs ib my fropt , and coming down i ' ro m the' hills ' , arid sbrill whistling . I met With a road to my right ' , and aup ( Joaed that ft Jed to . Kilkeriny . I wheeled the party along the rb&d . expecting that ' we thould be reinforced by police from Kilkenny . I ascended the hill nearly a mile . ' The people were gathering from different quarters , and were , endeavourjng to . -surround us , whioh they had almost succeeded ; in doiog when be came in Bight of the slate house . Some of the people were armed with ' pikes or guns , ' but I cannot Bta ' e what number . I ordered my men to break arid make towards theslato house whioh was two fields from us on the right , and if they were refused entrance to smash into it . The men rushed

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    towards the house and I followed them . Justna I had given tbe orders for the men to break a shot v ? as fired to my left . I turned and saw tiie aian who fired it with thf smoke about , him , absat eighty ora hnndie ' d ' Vartl 8 " from-n 9 . Most ofthe psople wore all running with the view of getting between usandtbehuuseto cut , us town it . My men got into the house , and I then directed them to ami all the loose thinRs they could M . agaifli * the wadows and tosecure the doors . When we were to fla aot of fasttning the doora tke house was 8 « " ™ : I gave the men direotiens to guard every pnt . and as I was ascending the stairs to see that the upper rooES were guarded also , a voice horn the rear caiieo to see'the oificer . I wcit . to the window and sav

    a man who was unarmed putting . « P n f hands . He oried out , 'For God ' a sake let theffl be no firing , we want to mske peace . 1 replied , 'If the people did not fire we would not fire ; but that if a shot was fired from without , we would fire as long as a cartridge r , r a shot remained . Ihe next thing I heard wasa voice from below ,, saying , 'Tell Mr Trant Mr O'Briea . is withini this was called up to me by one of my own party , I went dnwn to the window where . I had bees informed Mr O'Brien had been , but he had disappeared . I went up stairs again , and was again informed that Mr O'Briea was below and wanted to Bee me . ' I replied 'If Bodet him come to the window and I will , see him . ' He did not come . Immediately aflsr I heard a orash of stones , and the windows -were smashed . I instantly gave orders to fire , and the firing commenced . , Tho firing oontinucd about an

    hour from the firBt shot to tboltst . After it had gone : on fora considerable time tho people did riot appear to our , front or our flank , and we had no command of the rear , from which , we were out off by the out-offices . The witness on being pressed , stated his inability to say how many shots were fired by the people . From first to , last , the firing continued about an hour . After the firing had gone on for some time the people disappeared from the front and , sides of the oouee , but there > were still shots trom the rear , whioh the party could not command . There were about 3 , 000 persons altogether wheu the police made for the house , or ibbut sixty-five to one . The people had possession of some houses in the rear , and witnets heard a double-barrelled gun frequently fired .. The shots Jrom the outside commanded the lobby window , raked the staircase , and forced through the front window .. . ..

    Mr WhiteBide—In . point of fact , was . not the proolamation offering £ 50 . 0 received that morning in Callan ?—Witness : Yes , but not opened by me . Had gone to Ballingarry , according to order , before it arrived . Witnees—I did net Hear anything of the reward until Mr Cox came upand taid they bad let £ 500 slip through their fingers . ; There ceuM not bs less than 3 . 000 people present . Taere were about 500 personB from the taming district . It wa » impossible to Bay if they were . all armed . Saw about three women about the house while the firing was going on .

    Police constable Cornelhu Mshony , examined by Mr Lynoh : Was one of Mr Trant ' u party at Farricrory . Was In tho parlour on the ground floor en the left side as he eatered t&o house . About . elght , or . tea men were with him . After he went Into tho parlour the people but . rounded the howe . Observed a man with a ., military cap get to out of . a pasture add ton cabbage garden , Came down by a ditch tillho came to an office convenient to tha window , k penon cams to tho wludow on that oeoBBion . The man who first came to tha window waa dressed fa 0 £ « nael j « ck « t . He was armed with a fctan . derbusB . He aikod them to give up their nrmB , Tktre bad not at that time been any firing .

    Chief Jd 9 tice Blaokburno . —What happened after that ! —Witness Mr O'JBrUn came to tho window ( identified prisoner ) and stood at it . The window was op » n . The upper part wai let down , Mr ljncb . « -I ) id Mr O'Brien gay or do anything— . tate what he said ?—Witness : Be laid he was an Irlih . man and a soldier , asked them to , give , up their arms » na he would protect their lives . He laid he would give them five minutes to deliver np their arms . He said np . thing further . They told him they wonld not . Saw no arms with Mr Q'Brien when at the wladew , but saw . arm * with lilnj feefora that .

    Folioe oonstable Moran ' examined by the Atterney General . —Was one of the part ; who accompanied Mr Trant to Widow M'Cermick ' s home . Wos in the pnrloor on the ground flobr « u the left going in . Kaowa Mr 8 . O'Brien , and saw him while ho was in the parlour , He had > U back against the front wail of the house . He bad not arms at the time . Immediately after oae of tbe men went up to tell Mr Trant that Mr , O'Brlsn w&s below , but when Mr Trant came down Mr O'Brien had disappeared . When Mr Trant loft tbe parlour , Mr O'Brien returned aad planted himself tit the po-i ' . ion he wai in befere . He then got np . on the .-w ' ndomUJ . Mr O'Btlea said ,. We are all . IrUhmen j I , am , Smith O'Briep , as good a loldier a » any of ' you . ' Hflthende * manded their arms . The answer he gpf' ^ aB , 'We will part with our lives before we give up our arms . Mr O'Brien on receiving that answer . " seVmed . dlsappoiated ; he got dawn from the wiodamlll ' &ud said ; ' Slash away , my bpys , slaughter tbe whola of them . '

    Mr O'Biien ( to wltne ^) , —Dgu , ' * , ou know you are swearing falsely whehydu ' » aj that 1—WitsesB : No . ' Mr O'Brien . —Torn round , ond let ine 8 * 86 your face when you are swearing that . ' ¦ The Attorney General . —Look to tha jary , sir . Witness—Mr O'Brien had ose foot off the wlndbwslU whenhe said that . After Mr O'Brien said that , heard firing from the outside . ' Attorney General—How soon after you heard tho ex » pressionfrom Mr O'Brien did jou hear the first jtot !—ffltnejs : In tbo « t a minute . * ' ' - Atterney General . —Was ita single shot , or shots from a number of gnns !— W / tnm ; There were two or three fired together , but could not ' exactly say . ' ArtfiorRobiaeon , Patriek Forde , and George M'Dortgb , police constables , We examined to back np Mean ' s . statement as to" Mr O'Brien saying ' Slash away , my'boye , and slatfghttr the whole of them , ' which they all positively swore to .

    OjnsUble Carroll \ whoio horse Mt O'Briea took from him , and used for a short time was th « n examined as to hl « stare in tha transaction . Hi ' s statement , however was a mere repetition of what has appeared in the newt ' paptraalready , " •'' . ' ¦¦ ' ' ' " J . Oox , 3 ub . lB » peot 6 r of PoUo ' % was then examined as to his share in the sffalr at the

    , Mr Wnlteelde-Oh , thaak-your lord . Wp . But you ' would have Uiti for it J Wltneea : It Is very likely I wouia . —Mr Whiteelde ; Yoa wouW not hBverun ' imo the toouBB ! WitneH ; Ob , I cannot say what I would have done . i-Ms WUitesMe : You " gave the orders to firs first Witness : I did . —Mr WnlteBide : The proplo were ' principally armed with pikes and pitchforks f Witness Yes . — -Mr Whiteeide : And at the dlstanee of seventy yards / whother-would you prefer the plteh ' fork cr the policeman ' * carbine t Witness : Oh , I wouldprefer ih « carbide . —Me Whiteside : I have one questionmorfrtoask you . What Is the name of the maa you sent for Mr O'Brien ' s portmanteau ? Witness : I seat no ma » for the IportnunfcaH . —Mr Whiteside : Well , what is the name of tha man who got it » Witness : John Horton — Mr Whiteslde : Is he aliv «» Witness : I saw him acre . —Mr Whtterfde : Oh J th « n you mBy go down

    . Tho Cronn then proceeded to render more perfect the evidence given on » former day with reBpect to the dell * verybf Mr O'Brien ' s perttaanteau to Inspector Ca . The evidence adduced by the Crown on the former occasion with Aspect to this point merely showed that it was delivered 10 Mr Cox . On this day th e man In who « e r ouse It lay in Caehel , previous to its transmiseion to Mr Cox ffaB produced , but could merely say that his boy brought It to his . house , and the boy provsd that It was taken from the houBe of Mr Doheny with his furniture ; it was left ia thekllaofa Mr Littleton from whence It was brought by wltnesBteklg master ' s home . ' ' Some documentary eridenoe , including papers found 1 in Mr O'Briaa ' ebBg , were given in evidence . ¦

    The C . erkof the Crown ^ by ihe dtreotloa of tbe At * torn » y GeaeraJ , proceeded te describe those dooutneatt The flrst . paper appeared to be the traoing of a , country there was KUlenanle en the head . of It .. There seemed to be ft road traced down te the Common . Then there was a road eff to the right of TJrllngford nnd to Fresn . field , at another point there waa another road to the Common . New Birr was on it , and then Thurits and towards the . left a wad to MuUinahone ; in , the centre was the road to Balltagarry . , 0 n that road I think there is a tracing en until it comes to . Kllmtmagb , end there is a mwk here for tho collieries , that Is all . :. Chief Justice Blackburne : Sow read tfre other

    Clerk of the Crown : This" ia aBOtherpenoll tracing on whioh the names are very Indistinct . Upon " the head is at place called Dnrrati ; ttfere Is a straight line thea down to a central point / not p « rtlculatjy marked , and I do » 't know what it is ; .,, There is another " line caJfed Ifadonney and Ballygrajr ; ' there is . auctharllno to rr * shford ; another line to Goolen ; . another to the Com . mons again , and , . to BalHogarry ; thatis all . ; . ' Attorney General : Now , my lord , we . will procesd to road the letter which I stated was fcund in the port , msnteau . It Is from Mr Doffy to Mr O'Brien , and was proved to be in the handwriting of Mr Duff ; .

    Mr ffhlteslde eutanltfcd that it was perfeotlj plain , by tbe evidence glvtn that day , that thia letter ought "to be rejeoted . He grounded this opinion on the remark b > Xord Ellenborongb in Hardj '« oa « e , whlon was th at where doubts existed In oases of this nature , they ought tbb e given ' 'in - ' -behalf ofthe prisoner . The objection , whioh he had formerly entertained towards the reoeptloa of this document was strengthened by th ' o evidence jbbI gl » en , that the trunk had bten a long time out of Mr O'Bilen ' spoBaeiiBlen , and Its custody hai been lsote beyond all belief . It tad been throwninto a Hme . kiln it had been tessed about fn Norton ' s houso for fleyg ' This was sufficient to show that any amount of doca * mentB might have been surreptitiously put into the tiunk . One of the detectives kad proved—he ( Mr Wniteeide ) should risver forget it—where 400 documents were found in an open press , a plaoo where they had evidently bun put for detection . Who was | to assure him that some of those papers had sot been put into Mr O'B / ltn ' g

    Untitled Article

    October 7 , 1 & 48 . THE NORTHERN STAR . 7 ^^^^ g ^ g ^^ M ^ SSMSi ^ SJp ^ Sr ^ g ^^^ g ^ M ^ E ^^ .-. -

• Citation
  • Northern Star (1837-1852), Oct. 7, 1848, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct1491/page/7/