26 AUGUST 1848, Page 7

IRELAND.

Lord Clarendon, in replying to an address of confidence from the Grand Jurors of Cork by a letter of thanks, introduces two declaratory passages- " It is his Excellency's firm intention to use the great powers confided to hint by Parliament, solely for the maintenance of law and order, and the preservation of those institutions which secure the liberties, the properties, and the lives of all the subjects of this great empire. "His Excellency trusts that the speedy restoration of tranquillity will enable her Majesty's Government maturely to consider the measures that elevate and promote the prosperity of Ireland, and thereby consolidate the strength of the United Kingdom."

We understand it is not the determination of the Poor-law Commis- sioners to discontinue the services of the Relief Inspectors in the distressed districts of Ireland. We hear it is contemplated to retain them for the next six months.—Morning Chronicle.

The accounts of the crops have fluctuated during the week. They now agree that serious damage has been done by the unfavourable weather; but they are certainly of less desperate tone as the skies have become fairer.

The trial of Mr. Kevin Lod O'Doherty proceeded on Thursday the 17th. The manuscript of most of the article on "Our Harvest Prospects" was put in evidence; but a part of the middle of the article was missing. The printed article was read, with what existed of the manuscript; and the context of the part lost with the part in evidence was shown. The handwriting WAS sworn to by a Mr. M‘Keever, assistant to Mr. Donovan, chemist, when O'Doherty was his apprentice; but this witness had not seen O'Doherty's writing for two years. Mr. Donovan was not called on this point, though it appeared he had been examined at the Castle about it. In cross- examination of the printer of the Tribune, it appeared that many different persons were in the habit of correcting proofs of articles.

On Friday, Mr. Butt made his speech in defence—brief and confident; though he supported it by no evidence. He commented on the absence of a part of the manuscript—the very part con- taining the most objectionable matter. He asked the Jury, on a view of all the

facts, to put this construction on the case—that the editor, who was newly ap- pointed, finding the manuscript not strongly enough written to snit the altered tone of the paper, (for an altered tone had been given,) himself rewrote this passage which was BO strongly relied on. Mr. Butt also threw doubt on the evidence of Mr. illieever as to the handwriting.

Mr. Whiteside, Q. C., rose to reply. Mr. O'Horke, the prisoner's attor- ney, objected: he had offered to retain Mr. Whiteside for the prisoner, but Mr. Whiteside refused, saying he expected a Crown retainer. The Attor- ney-General stated that he had required Mr. Whiteside's assistance, on his oath as Queen's counsel. Baron Pennefather deemed Mr. O'Rorke's pro- test irregular; and Mr. Whiteside was allowed to proceed. His speech was brilliant and popular; in strong contrast to the plain arguments of his colleagues and the elaborate finish and astute sophistry of Mr. Butt.

On Saturday, Baron Pennefather summed up, to the following effect.

The Crown were bound to establish, by legal evidence, the charge made against the prisoner. In this case they had legally established it, if the Jury believed the evidence; and, in point of law, they were not bound to call any other evidence. Then it came to this—whether there was any reason, from his manner, demean- our, or defect of opportunity, to doubt the evidence of the witness who proved the prisoner's handwriting; and, secondly, he was bound to tell them, that if a fact were sworn to by a witness, and when that fact could be contradicted by the pri- soner, if it were not true, and if no such contradiction was given, the Jury most ask themselves whether such contradiction could be truly given ? Could they conceive that the prisoner, if this were not his handwriting, could not produce a witness to prove that fact? He had not done so; and the Jury were bound to ask themselves what credit they were bound to give to the uncontmdicted testimony of a witness swearing that lie had no doubt of the handwriting. As to the incomplete manuscript, it appeared that, from seine reason—accident or other cause not explained—about one sheet, or what might be supposed to be one sheet, had been lost or abstracted; and the part of the print for which there was no corresponding manuscript was unquestionably a part deserving serious consideration, and perhaps not the least objectionable in the whole of the docu- ment. They would see whether the publication of the entire of the print took place with the privity or consent of the prisoner, or if any person had interpolated a passage in the prisoner's writing against his privity and consent. If this per- son were the editor of the paper and under his control, it was the prisoner's duty to shave discontinued him in office; if he could not control the editor, he should have discontinued the paper itself.

As the Jury were retiring, one of them turned and said, "My Lord, is it not in evidence that Mr. WReever did not see the prisoner write these two years?" The Judge nodded assent.

In about an hour, the Jury requested the Judge's assistance, and were brought into Court. A Juror said—" Does the mere publishing of an article imply an intent to do the act? Some of the jurors think we mast tell the innermost thoughts of the gentleman."

Baron Pennefather—" The mere publishing will not be enough; you must be of opinion that he had the intention in his mind. If he wrote it, a man can scarcely be said to write what he did not intend; so that if he knowingly pub- lishes a thing, it is to be taken that he intends what is the fair import of what he knowingly publishes."

The Jury retired a second time. At five o'clock, they were again ques- tioned by the Judge.

The Foreman said—" My Lords, there is not the least chance of our agreeing: there are three or four of the Jury who are not of the same opinion as the others; and if we are to remain locked up until Monday next, I am as confident as that I exist that I will have the same answer to give your Lordships. And, my Lords, I beg to say that I am indeed very unwell. I have suffered much during my long attendance on this trial; and I think your Lordships will recollect I repre- sented the fact of my illness before to the Court. Therefore I must call on your Lordships in the first place to allow me medical assistance. I wish no physi- cian in particular; any medical gentleman will answer my purpose."

The Jury were sent to their chamber; and Dr. Speedy, who chanced to be in court, was then directed to examine them, but to hold no communi- cation with them on any subject except their state of health. Dr. Speedy having made his examination, deposed on oath, that Mr. Alexander, the foreman, had all the premonitory symptoms of serious fever—further con- finement would be dangerous to his life; also that Mr. Hunter was suffer- ing from palpitation of the heart, and would be injured by further confine- ment. Thereupon the Judge ordered his evidence on oath to be recorded; nd discharged the Jury for that Commission.

Mr. Baron Pennefather on Saturday passed sentence on Mr. John Martin, who had been found guilty of publishing a felonious letter in his paper the Irish Felon, but was recommended to mercy by the Jury, on the ground that the letter was written in prison. The prisoner first addressed the Court, in a respectful and dignified manner. He declared his conviction that the Judges desired to do their duty honestly as upright judges and men; and the twelve men who had been put into the jury- box had "voted honestly according to their prejudices." "But my lirrds," said the prisoner, "I consider that I have not been yet tried. There have been certain formalities carried on here for three days regariliog tue entling in a verdict of 'guilty'; but I have not been put upon my country, as the cohstitution aid to exist in Ireland requires: twelve of my countrymen, lindiftbreetlk chosen,' have not been put into the jury-box to try me, but twelve men *he, t believe, have leen selected by the parties who represent the troerti, for the purpose of con- victing and not of trying me. I believe they were put into that box because the parties conducting the prosecution knew their political sentiments were hostile to mine, and because the matter at issue here is a political question—a matter of opinion, and not a matter of fact." Even if he admitted the narrow and confined constitutional doctrines of the Court to be right, he denied that he was guilty of the charge under the act. He did not intetid or devise to levy war against the Queen, or to depose the Queen. He desired only, in the article on which the verdict was founded, to encourage his countrymen to keep their arms. That, he now maintained, was their inalienable right, which no act of Parliament could take away; and he advised the use of those arms, against all assailants, even assailants improperly using the Queen's name as their sanction. "My object" he said, "in all my proceedings, has been simply to assist in establishing the national independence of Ireland, for the benefit of all the people of Ireland—noblemen, clergymen, judges, professional men—in fact, all Irishmen. I have sought that object, first, because I thought it was our right—because I think national independence is the right of the people of this country; and secondly, I admit, that being a man who loved retire- meat, I never would have engaged in politics did I not think it was necessary to do all M my power to make an end of the horrible scenes that this country pre- sents—the pauperism, and starvation, and crime, and vice, and hatred of al. classes against each other. I thought there should be an end to that horrible system, which, while it lasted, gave me no peace of mind; for I could not enjoy anything in my native country so long as i saw my countrymen forced to be vicious, forced to hate each other, and degraded to the level of paupers and brutes. That is the reason I engaged in politics. I acknowledge, as the Solicitor-General has said, that I was but a weak assailant of the English power. I am not a good writer, and I am no orator. I had only two weeks' experience in conducting a newspaper until I was put into gaol: but I am satisfied to direct the attention of my countrymen to everythingI have written and said, and to rest my cha- racter on a fair and candid examination of what I have put forward as my opt_ Dion& I shall say nothing in vindication of my motives but this—that every fair and honest man, no matter how prejudiced he may be, if he calmly considers what I have written and said, will be satisfied that my motives were pure and honourable."

The Chief Baron delivered sentence. Be said that he was unwilling before to show his opinion, but it was now fitting he should tell the Jury, that on his min' d there rested not the shadow or the waver of a doubt as to the truth and pro- priety of theirfinding, Baron Pennefather read extracts from the article on which the Jury founded their verdict. " After calling upon the members of the Repeal Clubs of Ireland to stand to their arms, the paper proceeds- . The work you have undertaken is to overthrow and utterly destroy English dominion In Ireland. That work must be done. It mast be done at any risk, at any cost, at any sa. critics.'

In a subsequent part- ' Oh I dear countrymen 7 let not your hearts quail at the sight of the enemy's military preparations—of 40,000 human machines arrayed with their weapons of death to butcher you on your own land for the crime of loving your own land ! . With the oppressor there is power.' But the God of Justice and mercy will fight in your defence.'

Further on-

. Stand to your arms i—resist to the death l—better a hundred thousand bloody deaths- than to leave Ireland another year disarmed, cowed, and defenceless, to the mercy of that fiendIsm, despotism 7'" The Chief Baron resumed. "I have said that the duty which I have to per- form is a painful one. Can it be otherwise? I see before me a man in the prime —I had almost said of youth, certainly in the prime of early manhood—in a con- dition of life far above the rank of those with whom in these courts of criminal justice it is unfortunately our lot for the most part to deal—educated—with the attainments which education confers—with a property, as we were informed, com- prising a moderate, but a competent independence—residing in the country ueir that property, with friends and connexions around hint, attached to him, and, L am most willing to believe, meriting their attachment. I find that man, uponthe- proofs before me, at a period so remote as the month of March, avowing in public. opinions entirely consistent with allegiance to the laws, with respect for order and tranquillity, with a desire to maintain property, and prevent the setting of class against class in deadly hostility and feud. A. short three months elapses, and I find that same man embarking the property with which Providence had blessed him and which the law secured to him—embarking it for the purpose of exciting his countrymen to deeds of violence and blood—in the publication which he made himself, and a portion of which I have read, indicating a desire to es- tablish political changes by abandoning the paths of peace, of the constitution, and the law, which in March he said ought to be adhered to, and summoning to arms, and in arms to resistance to the lawful authority of the country, the men whom he desired to confederate in a union for that political purpose. And it is possible that the associates with whom in this paper you appear to have been united—it is possible that their purpose may have gone beyond yours. I hope so —from my heart I hope so; but I cannot forget that that newspaper was estab- lished by you—that to it you lent your name and your property for its conduct— that it was established in association with persons who inculcated, in other por- tions of the publication, doctrines not merely inconsistent with law, and with or- der, and with peace, but calculated to involve society in horrors that one trembles to contemplate. A part of this publication indicates both the purpose and the means,—the purpose to pull down the throne, and to effect, first, a spoliation, and then a redistribution of the property of the country; and the means' reckoning upon two classes of men by applying to each a distinct motive and a separate temptation—upon the inhabitants of towns, by applying a desire the repeal of the legislative union and upon the agricultural population a desire that property in land should cease—that its titles should be changed—that a new distribution of it should take place, and that by the temptation held out by the prospect of that change they should be united with their fellows of the towns in a combination of arms. Such were the projects which the newspaper was apparently established to carry out. Possibly some of the abominable purposes I have stated you may not have concurred in—I would hope so." The law had defined the offence and decreed the punishment; the Jury bad determined the fact. "Taking a merciful view of what appeared before them, they have recommended you to our favourable and merciful consideration"—

Mr. Martin interposed—" I beg your Lordship's pardon for one moment. I cannot—I say it with respect—I cannot condescend to accept mercy where I be- lieve that I have been morally right. I want justice not mercy." Baron Pennefather said—" The Court cannot be influenced by these observe- tions. • • • But for what I have already adverted to, and which we do not. wish to altogether disregard, we should feel ourselves bound to award against you, under all the circumstances, a longer period of separation from home and country

than that to which you will be subjected. * • Your guilty course is run, and you are now under the doom of the law to receive that punishment which for that coarse the law enjoins. The sentence of the Court is, that yQ11 be transported beyond the seas fore period of ten years."

Mr. Martin's counsel have served the Attorney-General with notice of their opinion that a challenge to a juryman, tendered by them and over- ruled he Judges,

Is good Ontae for issuing a writ of error. The &al- if t fehge Virits inaae io a burgess of the city of Dublin, on the ground that the Corporation of Dublin is entitled to the forfeited goods of felons: the bur- gess had an interest in convicting a prisoner of felony, as the forfeited goods would go to lower the borough rates.

After the Commission was closed, a message was sent by Mr. Butt to the Solicitor-General on account of an innuendo used in the course of Mr. Mar- tin's trial. Mr. Hatchell said, that "the Attorney-General was a man who made his profession a profession, and not a trade." Mr. Butt sent a note by a "friend," demanding explanation. The Solicitor-General replied—" I did not intend to cast any imputation whatever on your professional conduct or character"; and the matter dropped.

The Morning Chronicle states that in O'Doherty's case "no fewer than forty-six jurors declined to answer to their names, and submit- ted to the infliction of fines of 501. each, rather than take their chance of serving an office usually considered to constitute the dents et Intainen of free citizenship."

Several provincial papers agree in declaring that both Dillon and O'Gor- man have escaped to France. The Paris correspondents of the London papers state that Dillon has landed at Havre, and O'Gorman near Bred; but they give no details.