10 NOVEMBER 1832, Page 6


At a meeting of the Dublin Conservative Club on Tuesday last, the Earl of Roden gave notice, on behalf of the Reverend Charles Boyton, of a motion for an address to the King against the war with Holland ; because—because the present King of Holland is 'a descendant of King William the Third, and by consequence an object of peculiar interest to all true Orangemen.

The Irish Tithe trials may be said to have terminated. At Clonmel,

on Friday, Lord Galmoy, the Reverend Edward Brennan, Catholic curate, Messrs. Doheny, John Hackett, proprietor of the Tipperary Free Press, Laffan, Mulcahy, Butler, O'Brien, and Larkin, were ar- raigned for attending an Anti-Tithe meeting. The usual interroga- tories having been put by the Crown, all the persons accused withdrew their pleas, except the Reverend Mr. Brennan, and Messrs. Doheny, Laffan, and Mulcahy. A Jury having been sworn, the three last-named individuals were put on their trial, and pleaded Not Guilty. The Soli- citor- General intimated by the Court that there was no evidence against the Reverend Mr. Brennan. Mr. Sheil defended the other traversers, who were convicted after a short consultation by the Jury.

It is not intended to proceed against Lord Galmoy or the others who have pleaded Not Guilty, as their acknowledgment of the illega- lity of their conduct is considered to be sufficient. The trial of the persons charged with the murder of the two process servers, at Castle- pooke, has been postponed till next assizes.

After an investigation of the Carrigeen affair, which took up eleven days, the inquest was on Friday brought to a close. The Jury brought in the following verdict : " We find a verdict of Wilful Murder against Captain Burke, and a party of police under his command, for killing Catherine Foley and Joseph Sinnott, on the 8th of October, about the hour of twelve o'clock, on the lands of Liquidstown, in the parish of Portnascully, barony of Iverk, and county Kilkenny." From the terms of the verdict, we get at last at the fact, that two persons only were murdered by the Police on this occasion. Enough and to spare of mischief, certainly, though not so much by five sixths as was reported.

The trial of Sir George Bingham, for assault and false imprisontnam of Mr. Hodnett, came on at the Cork Assize Court on Friday last week. Mr. O'Connell was counsel for Mr. Hodnett, who was brotht up in custody, in order to enable him to give evidence. From what came out on the trial, it appeared that Mr. Hodnett and a number of the country-people were proceeding to hold an Anti-Tithe meeting

• Whitechurch ; tor the suppression of which the military had been called out. The nature of the assault was very differently described in the

prosecution and the defence. Mr. Hodnett's account r thus— "On run _us- " On Sunday the 22d of Jiffy, I-a-as at Ballycaskin, near Whitechurch, about twelve or one. I went to the Reverend Mr. Begley's, the Roman Catholic curate of Carrig• navar, at one ; and from his house, after he had said mass, and we had breakfasted, alorg with a Mr. Ahern, to see a round tower raised by the Reverend Mr. Horgan at White- church. We rode, Before we reached Whitechurch, I saw on the road, at a turn, a number of Lancers conning towards us : I knew they were Lancers, by their pennons. On seeing them, Mr. Ahern said,' Good God ! here are the Lancers !' I add, What harm? let them come.' When we came to the turn of the road. I saw Sir George Bing- ham with the troops come on at a hard trot towards me. I moved on the right side of the road to let them pass; but Sir George advanced about halt' his horse's length befer, the party, stud said to me—I can't say whether he said General or Mr.—' nuance, where's your drum-major's staff ? where's your drum-major's cap and parapherualia ' I said I had neither one nor the other; and that, if I had thought it necessary, I wont/ have had them in my pocket, or rather something about I'd have the cap in my pocket. On that, he turned about to the party of Lancers, and said to them, • There he is—the head of the rebels : cut him 1101i11, Cut him down! ride him down, ride him down !' On this order being given, the Lancers formed into a semicircle, and bore me with tremors. dons force into the dike. I was in consequence thrust near Sir George Bingham. 319 horse got five wounds in the scuffle—three blood wounds and two dangerous ones. went from thence with the General and the military to Carrignavar. While in the dike, I was laid hold on—caught by Sir George by the collar of the coat. I do not mean to swear that it was dune with the view of injuring me, but rather that it was Caused by the confusion in whirls he appeared to be. This was subsequent to his addressing me as I described, and before a sergeant or corporal of the troop had, put his foot under my leg in the stirrup, with the intention of pitching me off my horse,. As I said, I was driven from thence to Carrignavar completely against my will. After the General had said to me that I must retrace my steps, I had presence of mind sufficient fuell out my watch and ascertain the hour. When I got to Carrignavar I did the sable, and I thund I had been twenty-three minutes and a half in custody. Carrignavar is three fourths of a mile from the place where I was attacked. After we had got to Carrignavar. I a-as kept in custody for some time. I asked General Bingham was there a warrant out against 'Sae, but he would give me no answer." This account was eonfirnaed by the Reverend Mr. Begley, a Roman Catholic clergyman in company with Mr. Hodnett. The history of the case as given by Mr. Sarsefield, a magistrate who accompanied Sir George Bingham, was as follows-.. "A communication was made to me and the Magistrates, and from it we supposed and believed that an illegal meeting was to take place. We attended to preserve the peace, which we thought seriously trifled with. After I had received the communication I spoke of, I went to Carrignavar with the other Magistrate, the General, and the military. I rode beside Sir George Bingham all-the ivay. About a quarter of a mile beyond the bounds of the county, I saw, at an angle of the road, two men on horseback, and a great crowd of people.behind them. I said to Sir George, I suppose these are the persons?' Yes,' said Sir George, ''tis Hodnett; I know him.' When we came close to these two men Sir George and the troop of Lancers pulled up, and Sir George said to Mr. Hodnett, 'Mr. Hodnett, I was looking for you; you Must go back ; where's your drum-major's cap and staff?' Mr. Hodnett dia not appear to me. to pay any attention to what the General said ; but he made some observations about his being stopped. He appeared to be pushing his way through the Lancers—he could not pass without doing so—so much so that he got among

them. Sir George further said, '1 arrest yon.' This was, I think, lifter lie had pushed in among the Lancers, who had halted. Mr. Hodnett appeared to pay no attention to the General's command, but to push on among the troops.

4 Well,' says Sir George, then ride him down.' After that, one of the Lancers pushed the quarter of his horse against Mr. Hodnett's horse, and thrust him

against the road side. Mr. Hodnett then said, go where you please.' I slid not bear Sir George say Cut him down.' I was near him all through, and I think it is impossible he could have said so without my hearing him. I con- ceived Sir George to be acting at the time under the civil authority."

There was a great deal of cross-examination, for the purpose of showing that Sir George Bingham's words were not "cut him down," but "ride him down.

The Jury, after a considerable time spent in deliberating, returned a verdict of Guilty on all the counts ; but accompanying their verdict with a remark, that it did not appear that any personal injury was meant to be inflicted on Mr. Hodnett, The Court was very full; and the country-people, on hearing the verdict, set up a loud shout. This ebullition of popular feeling seems to have produced a strong sensation on the Bench.

The Judge appeared much agitated. Cries of "Shame, shame !" were raised in different parts. Mr. Justice Moore--" Don't say shame ; for the conduct now evinced before the Court cannot but excite the contempt and indignation of every good man. It was scandalous and most disgraceful conduct. The laws cannot be adminis- tered in a country where such disgraceful exhibitions are to be witnessed in a court of justice. ' The Reverend Mr. Falvey—" My Lord, I beg to assure your Lordship that such an impression shall be made on the minds of the people of the impro- priety of their conduct, as shall prevent a recurrence of the scene." Mr. Justice Moore—" Sir, no impressions can be made on them except by ex- citement. You excite them to acts of insubordination, and there you leave them."

The Judge seems to have been pretty much excited as well as the people, if we may draw an inference from his language in passing sen- tence. He said-

" Sir George Bingham, I have a duty to perform—a duty the most painful that lever felt during the long period of my public experience. I have not, Sir, the honour of knowing you, except by reputation and that places you before your country as the representative of all the virtues that render character excellent. 'Your benevolence, your generosity, your philanthropy, your goodness of heart, and your amiability of mind, are known to all who have ever heard of you. The age of chivalry might well be said to leave passed by when you, Sir, because of your efforts in the discharge of your public duty to repress the excesses of the lawless, and preserve the peace and integrity of the country, should receive such a recompense as this day's trial has shown. This transaction will not in- jure you, Sir. You now stand as untarnished in your high character as you have ever done ; and I do hope that you are as little affected in your feelings at the result, as your distinguished name is unsullied. Was it for the sake of pre- serving the peace of the country that this trial was had? The ominous and dis- graceful scene we have just witnessed is the best answer I can give to the in- quiry."

The Globe talks of O'Connell's "sickening common sense by gross inconsistency, and degrading the tribunals of the country by rendering their proceedings a burlesque ;" and the Times, having discovered that the trial by Jury is specially fitted for an advanced state of society (it is the oldest of our English judicial institutions), and that the Irish are not a society specially advanced, hesitates, on the authority of this petty trial, whether Jury law and the Habeas Corpus might not be wisely dispensed with among such a cheerful people !—Here is a precious mountain made out of a molehill ! Mr. Hodnett, going to what he thought a legal meeting, is stopped, without warrant, by Sir George Bingham, and detained, without warrant, for half an hour ; and he pro- secutes Sir George Bingham. And pray what Englishman would not have prosecuted Sir George Bingham under the same circumstances? 3Ir. Hodnett is in gaol for an endeavour to deliver the People of Ireland from what they think to be an unjust and feel to be an intolerable bur- den : Mr. Hodnett, the sufferer" for righteousness' sake," as they view inde-

corum, matter, gains his plea, and they cheer,—we fully admit the - but what body of Englishmen under similar circumstances would not have cheered? How often has Westminster Hall rung with cheers on the triumph of a popular character? And then, it seems, "the age of chivalry is gone by," because an act of illegality is visited with pro- secution in the person of a respectable man ; and because criminal in- formations are filed for any other cause than the preservation of the peace of the country ! We wish that to Irish judges and to Irish peo- ple the age of common sense were at length come.