IRELAND.

The trial of Mr. Smith O'Brien proceeded on Friday, and was concluded on Saturday.

On Friday, Mr. Fitzgerald summed op the evidence for the defence, in a speech which, though not ineffective as an appeal to the feelings, was more close and striking in ingenious criticism than Mr. Whiteside's fervid oratory. The same line of defence, however, was consistently worked out by each counsel,—namely, that all the efforts of the prisoner and his banded supporters were directed only to attain the personal and limited object of securing himself from arrest. It

was urged, that at Killenanle the people were in just the same advantageous position of defence against the soldiers of Captain Longrnore—with the addition

in favour of the people that the soldiers were cavalry—that the constables under Trent secured in Widow M'Cormack's house; and that no more favourable opportu- nity for levying war could have occurred than that, if war and revolution had been intended. The non-prosecution of Father Kenyon was referred to as supplying an inference that, so far as the evidence of Dobbin went, the case of treason against Mr. O'Brien was deemed defective by the Crown itself. At the end of Mr. Fitzgerald's speech, Mr. Justice Blackburne addressed the prisoner—" William Smith O'Brien, I have to inform you, that if you wish t address the Jury, you are at liberty to do so, and that you cannot be heard after the Solicitor-General has replied. If you want time to consider whether you would address the Jury or not, we shall retire for a few minutes, and give you an opportunity to consult with your friends."

Mr. O'Brien—" My Lord, I can answer the question at once. I am quite con- tent to leave the case as it now stands, relying upon the argurnentsof my counsel, in the hands of the Jury; and I have only to thank them for the patient atten- tion which they have given to the evidence and the arguments in this case."

After a short adjournment of the Court, the Solicitor-General commenced his speech in reply. He spoke with closeness to the case, and with moderation. The following scene occurred.

The Solicitor-General remarked that "Mr. O'Brien had an insidious adviser, who pressed hitn on—Mr. Duffy, the editor of the Nation. The insidious sug- gestions to effect the object of Mr. Duffy were sent to Mr. O'Brien, operating upon his pride and ambition, upon his station, and upon the leadership that had been assigned to him, and suggesting that he should take that step which finally had proved fatal to him. He called the attention of the Jury to the letter of Mr. Daffy. He regretted that the efforts of the diabolical tempter had urged Mr. O'Brien close to such a precipice."

Mr. O'Brien—" I must object to such observations in the absence of this gen- tleman: it is unworthy to use them."

The Solicitor-General—" I say, in justice to Mr. O'Brien, that considering his education, position, and feelings, (and no one feels more for him than I do,) that he never would have adopted those proceedings unless he had been thus urged on to them by Mr. Daffy." Mr. O'Brien—" It is most unworthy, when a gentleman is under trial himself, to make any observation on him; and I utterly repudiate any participation in it." The Solicitor-General—" Very well. I will read the letter, and make no com- ment upon it: but Mr. Daffy is not now under trial."

The remarks about the Reverend Mr. Kenyon were treated as a taunt, and pro- duced this notable declaration—" Mr. Whiteside had said that Mr. Kenyon bad not been prosecuted; but if there was evidence on which a prosecution with any prospect of success could be instituted, whether it was against a layman or clergyman, no matter of what religion, such prosecution would be instituted." The Solicitor. Generalconceded in reference to the words" Slash away, boys," that Mr. O'Brien had a horror of shedding blood; and suggested that the words were uttered by the other person who appeared at the window with him when he parleyed with Trant's man. The conduct of Kavanagh and some Crown witnesses was referred to as a sufficient excuse for not calling more of the shopkeepers and inhabitants of towns as witnesses: for instance, seven or eight gentlemen came to Kavanagh's house in broad daylight, and stayed in his rooms all night, and yet neither he nor his servant would identify one of them. Moreover, although Dobbin's evidence was impeached as false, no person was produced to contradict him. About a quarter past five, Chief Justice Blackburne commenced his charge to the Jury. "As the organ of this high tribunal," he said, "it is my duty now to offer to you that assistance which it is your right to receive in the investigation of this momentous case. That it will receive from you that calm, dispassionate, and conscientious consideration which its importance demands, your conduct since you have been impanelled in that box affords me an assurance upon which I most entirely rely. I shall not impress, nor attempt to impress upon you, because that is perfectly unnecessary, the importance of this case, or its claims upon your patience and anxious deliberation. I shall pass to the more immediate discharge of my duty, by expressing a confident hope that your attention will be fixed ex- clusively upon the evidence which you have heard; and that nothing which you knew or heard of before you entered the court and undertook the very high trust which is now confided to you will have the slightest influence upon your decision; and that that decision will be founded, as it ought to be, upon the solemn and conscientious view of the evidence which you have heard in this case. The charge against the prisoner is that of high treason • and it is my duty at this time, to simplify the subject, so as to enable you distinctly to apprehend what the law on the subject is. "There are two distinct species of treason stated in this indictment. The first five counts charged the prisoner with levying war against the Queen, within her realm. The last count charged him with compassing the death of the Queen. I shall

at once relieve you from any consideration with regard to the last count, because, although there is what in strict law mast be considered as evidence to sustain it,

yet that evidence is also so clearly and distinctly applicable to the other counts for levying war against the Queen, that your attention may be confined altogether to this charge—that of levying war against the Queen within her realm. In order to sustain this charge, you must be satisfied that there was an insurrection—an in- surrection with force, and that the object of the insurrection was a general object. It has been thought, and it was contended at the bar on the part of the prisoner, that there had been some extension of the doctrines of high treason in cases which are properly, as it is said, not within the meaning of levying war against the Queen. I don't enter into any consideration of that argument. Whether the Words of the act of Edward the Third may or may not have been extended by a Strained construction, is not the question before us now; because, if the evidence which the Crown relies on to sustain any of the allegations which they adduce supports them, then there was unquestionably an object of a general kind in the case now before us; for whether the object of the insurrection was to effect the repeal of the act of Union, or whether it was to effect a change in the constitu- tion of the Government within the realm, or whether it was to dismember the empire by effecting a separation of the United Kingdom, and constituting Ireland into a distinct sovereignty—whether any, or one, or all of these was their object, it was plainly general, within the meaning of the term as used in the statute; and therefore the levying of war to which these counts referred, was plainly high treason. I do not advert to the authorities which have been cited in the course of considering this case; but there is one passage in a judgment of Lord Ten- terden which is of very distinct application to the ease before us. He says, 'In- surrections and risings for the purpose of effecting by force and numbers—how- ever ill managed, or provided, or organized that force may be—any innovation of a public nature, in which the parties have no special or particular interest or con- cern—roust be deemed and taken to be instances of the actual levying of war.' Gentlemen of the Jury, in explaining the crime of high treason and the words ot the authorities, I have probably led your judgment to the consideration of the

true distinction, which it will be of importance to keep in your minds, mid on which distinction the defence of the prisoner is rested. He asserts that the ob- ject of recurring to the use of force, and the end and the object of all the exer- tions that are detailed in the course of the evidence, was this—that it VCRS not to effect any general object or political purpose whatever, but that it was solely and exclusively to protect his person from arrest.

"And 1 am to tell you, gentlemen, that if the object of all those meetings and of all this force was solely and exclusively to protect Mr. O'Brien's person, or the persons of those who were in his company from arrest, he is entitled to your ver- dict. You will therefore at once see, that in order to understand either the charge or the defence, it will rest upon the consideration of the evidence to come to the one or to the other of the conclusions—was the objeetof this insurrectionary move ment a general object. or was it limited to the particular personal object of pro- tecting the person of Mr. O'Brien ? But you will observe, that I have stated to you the proposition that the personal or particular object must be exclusive; be- cause if, in addition to protecting his person from arrest, there were the other and general purposes the Crown contends for, the existence of the particular ob- ject is of no moment whatever, for the instant the general object is established that instant it becomes high treason. So that, in the consideration of the case, you will not only have to fix your attention on that which constitutes the defence, namely, was it his object to protect himself from arrest, but also to say whether it was exclusively the object of all those movements and all that force? " The question no doubt is one of intention. Did he, as is said by Mr. O'Brien and those who defend him, intend to effect his personal security from arrest; or did he intend to effect any object of a general character, such as a change in the Government, a, repeal in the Union, or a separation of Ireland from Great Britain?"

The Chief Justice alluded to a complaint made early in the case, that the Crown had not stated the evidence of intention which it purposed to adduce. But the law does not require this to be done. The law does require that the parti- cular acts relied on should be set forth—the overt acts; but it rationally left to the evidence the manifestation of the intention. As an illustration of the reasona- bleness of this, the ordinary rules in a case of murder might be referred to. A homicide is committed; and in order to discover the extent of guilt—whether the homicide is a murder or a manslaughter only—evidence is given of declarations

of made by the prisoner at any antecedent period. It is consistent with that view that Mr. Smith O'Brien's speeches should be now read against him, to show what was the most likely intent of his acts.

Entering on the evidence—of which Mr. O'Brien's speeches formed the first branch—the Chief Justice stepped aside to make this prior declaration. "It is due in justice to Mr. O'Brien, to state, that from all the evidence which has transpired, and that has been adduced on his behalf, there seems to he no ground whatever to impute disloyalty to him, or any treasonable practices or intentions. It is also right, with regard to the proceedings of the Confederation, to say that in their rules and acts, so far as they did transpire, there does not appear to be anything revolutionary in the constitution or in the objects of that body." The Chief Jus- tic° then reviewed the evidence in detail. He read portions of the address to the Provisional Government of Frauce in last March, contrasting the portions against and in favour of the prisoner, and placing them in balance before the Jury. He quoted from the prisoner's speech of the 25th March, the sentiments regarding America; and the affirmation that the prisoner's feelings regarding physical force had undergone a change, so that he should then advise military studies to his young friends. And he quoted from the same speech the expressions relating to Naples and Sicily. " Advices from Palermo, of the 19th ultimo, state that Lord Mint° had addressed an ultimatum to the Neapolitan Government, declaring that, to give a satisfactory termination to the affairs of Sicily—(observe, I only ask you to put in the word 'Ireland ' instead of Sicily ')—it is necessary, first, that Sicily must become a separate kingdom independent of Naples." " If," continued the Chief Justice, "you were to read that document inserting the word • Ireland ' instead of 'Sicily' and ' England ' instead of • Naples,' it would run thus, to give a satisfactory termination to the affairs of Ireland, it is necessary, first, that Ireland mast become a separate kingdom independent of England.'" Mr. Smith O'Brien—" My Lord, would it not be right also to say what the other conditions are? If you substitute the word Ireland' in one case, I submit you should substitute it in the other cases."

The Lord Chief Justice (reading)—" That Sicily might become a separate kingdom independent of Naples; secondly, that it most have a Government and Parliament ot its own; and thirdly, that the King of Naples may also be King of Sicily." These last extracts were of great importance as bearing on the question of intention.

Coming to the documents found in the portmanteau, the Chief Justice sketched the evidence given to connect them with the prisoner before his arrest. The evi- dence with respect to those papers was this in its results. "Mr. O'Brien was ar- rested on Saturday the 6th of August; and when in custody, his keys were de- livered to General M'Donald. This trunk, which he had left at Cashel, was sent for and delivered to Mr. Cox; but was not received by him from Mrs. Dolieny. On this point Norton, into whose possession it came, and his boy, were examined; and I have to call your attention to their evidence. There is no doubt it was Mr. O'Brien's portmanteau; for when it was brought to him with the key of it, he re- ceived them both, and there was no doubt it was his: but it is contended on the part of the prisoner, that that portmanteau was not produced under each circum- stances as to make the possession of its contents equivalent to actual possesaioii by him; for they say the portmanteau was out of the possession of Mr. O'Brien, and while out of his possession it might be opened and those papers inserted. Now, that is, in the nature of things, perfectly possible: but, considering this, that du- ring the entire of the time that trunk was in the possession of the Crown, that trunk and its contents were satisfactorily accounted for, it is for you to say whether you have any rational doubt that those papers were in it at the time Mr. O'Brien parted from it."

On Dobbin's evidence he made these observations. "Dobbin's account of him- self is one that has given rise to an objection to the belief of his testimony. It is said he comes forward as an accomplice, and that you are not to attend to his evi- dence except it is corroborated. If you believe Dobbin's evidence, he does not stand in the light of an accomplice. If he did, he must have intended when he joined them to engage in an illegal act; but if you believe his evidence, he did not join the body with such an object. He says he became a member of the body to counterplot them; in other words, he should be rather called a spy than an ac- complice. Whether you regard him in the one light or the other, my advice to you is scrupulously to examine the evidence, and see whether it is corroborated by the various matters with which it stands in connexion. See first how it stands by itself, and then see how it stands in reference to the balloting-papers found in the bag in the room in which Mr. Lalor was arrested. There is no doubt. the inan's evidence has been properly received—the question whether you believe it or not is another thing. If you have reason to think he is telling a story of his own fabri- cation, and that no such transactions existed, you should dismiss the matter from your minds; but if you find that evidence credible in itself is corroborated by the acts of other persons and of Mr. O'Brien himself, and consistent with those acts, and is part and parcel of the same arrangements, it will be for you to consider whether he is entitled to belief. On the other hand, if you believe he is a spy, and partially or in the whole invented the story, you should not only not attend to any Part of his testimony, but yon should disregard the whole, and not give credit to any part of it. It is very important to see if this meeting he deposed to took place. It is perfectly plain that his statement that there was such a club as the Red Hand Club is true; as the policeman proved that a red baud was exhibited on the blind of the window, and they saw people going in and out as members of the club.

It is perfectly plain there was such a body. The witness was examined so long back as Saturday last, and there was the most ample time to contradict him if he were not telling the truth."

Mr. Whiteside—J' I submit, my Lord, that pending the trial, and when it was impose:61e to say when it would conclude, my client is not to be affected by the allegation that he had not produced all the witnesses which he might have pro- duced if he had the list of witnesses before him."

The Lord Chief Justice admitted that in England the list of witnesses is furnished eleven days before trial. Friday's proceedings ended with the following incident. The Lord Chief Justice—" There is an observation made with respect to the evidence in relation to the balloting, that the witness, although he swore that no priest was to be balloted for, subsequently stated that the Reverend Mr. Kenyon received seven votes: and it is for you to say whether there is any contradiction in that statement. Gentlemen, it is now too late to go through the whole of the evidence, and perhaps it is better to break off here. I beg, gentlemen, that you will look to your own notes, and I will resume my observations in the morning." A Juror—" Before we retire. I would wish to call your attention to one portion of the evidence of that witness."

Mr. O'Brien—" I should like to hear what you are saying." Juror—" The witness, my Lord, says, that when they were calling over the lists of Clubs, this club to which he belonged was not called; then how comes it that be had a vote in the Council; for he also says that no one but those who represented certain clubs had a vote?" Lord Chief Justice—" They were different things. The election was on the 21st; the 15th was the day on which the names of the representatives were called over. As I understand, he was one of the Committee of Council?'

Juror—" But how could he be on the Council if he were not acknowledged as the representative of a club?"

Lord Chief Justice—" He said he was not acknowledged as the representative of a club, because it was merely a branch of another dab, but he was a member of the Council."

Another Juror—" And the Council, we understand, my Lord, was composed of the representatives of clubs," Lord Chief Justice—" Gentlemen, have the goodness to look through your notes, and see how that is in the evidence. I will look over mine and see if I can satisfy you." Mr. Whiteside—" You will see that before the voting took place all persons but the representatives of clubs were ordered to leave the room." Lord Chief Justice (referring to his notes)—" Wait for a moment, and I will see that. Several men, he said, were present, members of clubs, who had no right to be present, and several persons objected to proceed to the election of the Executive Council until they left the room; then they called the names of the representatives of clubs, who remained in an inner room." .Mr. O'Brien—" May I beg to call the attention of the Jury to an important fact with reference to the observation about bringing witnesses to contravene what was stated by this witness. It most be generally known that every person who took part in the management of the Clubs was hunted down by the Government; therefore it was utterly impossible to produce any of those persons who were spec- tators of the proceedings."

A Juror—" It does not, my Lord, appear that Dobbin was one of those that was allowed to remain. He must have been recognized as a representative of a club if he were allowed to remain."

Another Juror—" And he said before, that he was not so recognized."

At half-past seven o'clock the Court adjourned till Saturday morning. On Saturday, Mr. Smith O'Brien opened the proceedings with a personal ex- planation of something which he said early in the trial, and which he understood had given pain to a most respectable gentleman, Mr. Hodges. "1 said that, when he attended our meetings, we treated him as a guest, not as a spy. What I wished to intimate was, that I thought he had dealt unfairly with us in now coming for- ward as a Crown witness, to swear that our speeches were seditious and treason- able; I conceived that he appeared amongst us only as an official reporter, pre- pared to swear only to the character of his own notes: but unquestionably I did not wish to convey the impression that he came amongst us in any concealed character, or that he was a spy; and I now, therefore, beg leave to withdraw that expression." The Lord Chief Justice resumed the delivery of his charge, by reading his notes respecting that part of Dobbin's evidence on which a juryman raised ques- tions just before the Court adjourned. He then observed—" You see that the witness states distinctly, on his cross-examination, that he was a member of the Council; and he states with equal distinctness, that the meeting of the 19th was composed both of members of the Council and of representatives of the Clubs, and that the meeting of the 21st was a meeting of the same united body. The object of the second meeting he declared to be, to consider how the proclamation, which had been issued that day, might be avoided or frustrated; and that the object of the third meeting was to elect the Executive Council, as he calls it: but in his cross-examination, he states that it was a Council of War, and that that was the reason why no clergyman was to be put upon it." It was for the Jury alone to determine if this evidence was to be believed.

The attention of the Jury was then directed to the speech at the meeting of the Irish League, delivered on the evening of the 19th July. Mr. Whiteside said—".My Lord, will you allow me to refer to a short passage in this speech ?" Chief Justice Blackburne—" Certainly. Gentlemen of the Jury, listen to Mr. Whiteside."

Mr. Whiteside then quoted that part of his speech which referred to keeping faith with the League, and to that body exhausting all constitutional means of agitation.

Chief Justice Blackburne--"Gentlemen, there can be no manner of doubt that, as far as regards the League, Mr. O'Brien proffered his determination to act up to and to pursue a constitutional course; but it is equally certain that he reserved to himself the most perfect freedom with respect to the Clubs." With this speech ended the first stage of the evidence—at this point began a marked distinction: till that time there was not sword spoken which indicated the prisoner's apprehension of arrest, or which promoted measures for his personal safety. "Up to that time whatever occurred had a general purpose and design: whether it was to ef feet the repeal of the Union, a modification of the Constitution, or a change in the Government—or to effect a total separation of Ireland from England—or what- ever was their nature or character, they were generally national objects. It was equally true that those objects, general in their nature' it was contemplated to effect by an organisation of as many of the people of this country as could be pre- vailed upon to join the Clubs. The Clubs, their formation and cooperation, were to be the means or power by which the general objects were to be achieved. And if that were so before Mr. O'Brien left town, it will be for you to say whether what subsequently occurred was in furtherance of that object. Whether that object was abandoned, or persisted in—whether what subsequently occurred had no reference to that object, but was directed to a totally different object, it is for you to con- sider; but in that case this aotecedent evidence would be of no value whatever. In reference to the testimony of Dobbin, if you believe him, he has advanced the case on the part of the Crown one step further than the other evidence. It is not that he has shown an object different from that which the other evidence establishes. He has proved the object to be the same, but he has gone further in proving the progress of the conspiracy; and he has given evidence that matters had proceeded so far, that it was determined in a very short time to break out into actual re-

members pledged itself that the outbreak should take place before the 8th of August at the very furthest. Suppose you don't believe him, and expunge from your memory and pay no regard to any part of his evidence, there is still remaining, in the confession of Mr. O'Brien himself, the general purpose and object, and there will still remain the formation and exertions of the Clubs for the attainment of that object. Therefore, when we commence the second series of this evidence, you will keep in mind what I have stated to you." Keeping in view that the inquiry must be, whether the insurrection on its face had a general object, or were limited to preserve the personal safety of Mr. O'Brien, the Lord Chief Justice reviewed the evidence from the point where Mr. O'Brien left Dublin for the South. Criticizing the statements of the constables, he observed, that the use of similar language on other occasions by the prisoner somewhat corroborated their account of what he said at Enniscorthy, Callan, Carrick-on-Sair, and Mullinahone. Under all these circumstances, were these speeches, and all the array of force of which they were accessories, intended simply to provide for the prisoner's personal safety ? " If his object were escape, he might have effected it; but instead of doing so, he goes to another part of the country, where he has no residence or occupation."

At this point intervened one of the most interesting incidents of the trial. Mr. Whiteside interrupted the Lord Chief Justice with a request to be allowed a pri- vate conference; the Attorney-General consenting. The Judge and the two coon- eel accordingly withdrew; and on their return Mr. Whiteside formally applied for leave to have the witness Dobbin recalled; the Attorney-General again consent- ing, and receiving the acknowledgments of Mr. Whiteside for his " high honour" therein. After some delay, Dobbin was placed on the table, and Mr. Whiteside commenced a sort of cross-examination-in.chief, with the seeming view of laying a ground of diametrical contradiction by some new witness whom he would call.

Mr. Whiteside—" Do you remember being at a tavern or public-house in the middle of June last. at the corner of Great George Street in Dublin? " Witness —"I do not remember."

Mr. Whiteside—" The name of the man who keeps the house is O'Neill; do you know a house kept by a man named O'Neill? " Witness—" I do not."

Mr. Whiteside—" I must go on asking you these questions. Was there a fourth person there present reading a newspaper, a gentleman whose name you afterwards discovered to be Dalton? Witness-11 do not know such a person at all, nor did I ever hear his name introduced at any political meeting of the sort."

Mr. Whiteside—" Did you enter into any discussion respecting the best mode of agitating for the freedom and independence of Ireland, on that or any other occasion, in the presence of three persons? " Witness—" Never." In continuation, Dabbin said that he had never represented himself to be an Orangeman from the North; or a disciple of John Mitchell, who proposed to rid the country of British dominion by force of arms: that he never invited Dalton to join any of the Clubs, or to obtain a Government situation by making out a case of high treason like Titus Oates; that Dalton had never called him a rascal and a blackguard; &c.

Henry Dalton was then called. He was dressed in a velveteen shooting-jacket much the worse for wear, with other parts of his dress to correspond. He stated that he was the son of a vicar-choral in Cashel Cathedral, and was himself a literary teacher. He had resided for three years as a literary teacher in the house of Mr. Pennefather of Marlow, [one of the Jury.] About the middle of June last, he went to a tavern or public-house at the corner of Stephen Street, Dublin kept by one O'Neill: he went there to read the newspapers. While he was reading, three or four persons came in.

Mr. Whiteside—" Look round and tell me if you know that gentleman?" (point- ing to Dobbin.) Witness—" This is the gentleman, on my oath." Dobbin received this recognition with a scornful laugh, and an elevation of his hands.

Mr. Whiteside—" Now tell us what passed before you took part in the conver- sation ?" Witness—" Two of the gentlemen were advocates for a repeal of the Union; and that it was to be done by no other means than by the system of the late Mr. O'Connell. They contended that it was to no other purpose to look for Repeal by any other means; England was too powerful." Mr. Whiteside—" Did this gentleman (Dobbin) say anything?" Witness- " He said that he was a Protestant and an Orangeman from the North; and that unless by force of arms the independence of Ireland would never be achieved." Mr. Whiteside—" Was anything said about John Mitchel?" Witness—" Yes; he said that the time had now arrived when a Repeal of the Union perhaps could not be obtained, and that Republican government and the principles of John Mitchel would alone benefit Ireland. He had formerly been an advocate for repeal of the Union, but now he has convinced that nothing else would do. He men- tioned the name of Smith O'Brien."

Mr. Whiteside—" Then, were you appealed to as to the merits of the contro- versy 2" Witness—" Yes; this man asked for my opinion." Whiteside—" And what was your opinion?" Witness—" I said that agi- tation had been the bane of Ireland, and I attributed my own sufferings to it; that I was against a Repeal of the Union, and had signed the College petition against Repeal." Mr. Whiteside—" And what did Dobbin do?" Witness—" I noticed him dis- torting his face." Mr. Whiteside—" To you?" Witness—" I cannot say if it was to me, but I noticed him distorting his face." Mr. Whiteside—" And you then left the house?" Witness—" Yes; Deft it to go home."

Dobbin follovted Dalton, and told him that the other men invited him back to supper; said he was a right fellow; and at last persuaded him to sup with them at an eating-house on the opposite side of the street, leading to Grafton Street." Mr. Whiteside—" Did he afterwards that night ask you to join a club?" Wit- ness—" Yes, he asked me to join a club; and if not, why I would not join?" Mr. Whiteside—" And what was your reply ? " Witness—" I told him I would not. That there was a notice posted up on the gates of the College, that any student would be expelled who joined a club; and that I intended to go for a scholarship the following year.' Mr. Whiteside—" Was anything said about a system of informing?" Witness —"I told him I should lose all my College prospects if I joined the Clubs. Ile

said, though I might lose them there, I might not elsewhere; that a Govern- ment situation would be better; and that as I was fit for it, the Government might appoint me as a Colonial Judge."

Here Mr. Whiteside, noticing Dobbin scornfully smiling at the evidence, said, " obbin, you need not make the faces there which have been just now spoken

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Mr. Whiteside—" Was anything said about Titus Oates?" Witness—" He said the times now were similar to what they were in England. He mentioned the name of Titus Oates."

Mr. Whiteside—" Did you separate shortly afterwards?" Witness—" We re- mained together till about one o'clock." Mr. Whiteside—"And after that did you separate?" Witness—" I cannot say exactly that we did; we remained together about ten minutes; during winch a file of soldiers passed by, and he hallooed and pelted them with gravel." Mr. Whiteside—" Did you then separate?" Witness—" Yes." Mr. Whiteside—" Did he ask for your address?" Witness—" He followed me a second time, and asked me for my address, which he took down by a lamp- light; and he said he would call next day, which was Sunday, to arrange about the club which I was to join." About four weeks afterwards Dalton met Dobbin at the corner of Trinity

the argument in the public-house. Dobbin invited Dalton to a glass of punch together; and they entered a public-house and had punch, but Dalton paid for it. It was then that Dens s Theology and its absolution doctrines were alluded to by Dalton. Mr. Whiteside—" Did he say anything about giving information?" Witness- ,' He said if I would join a distinct club from him, and gave both informations, they would credit our word the sooner. He also said I might manage to draw out what I call propositions or resolutions and get signatures to them, and communi- cate them to him, and he would communicate this to the Detective."

Mr Whiteside—" When he made this proposition, what, on your oath, did you say?" Witness—" I called him a rascal and a blackguard, and told him to leave the place."

Whiteside—" Did he then change his tone?" Witness—" He did, and said he was surprised that a man of my learning could not perceive that he was humbugging me." Dalton then underwent a close questioning by the Attorney-General on the topics of his evidence and on his own history. Nothing to impeach his veracity was educed: the only things made plain were that the witness was very poor, but of considerable personal vanity; and that he had earned a frugal and some- what precarious living at Dublin and at Liverpool by "night teaching." After Dalton's examination, Mr. Smith Olanen made his acknowledgments to the Attorney-General for allowing this additional evidence to be given. The Lord Chief Justice commented on it briefly. "If what Dalton has sworn be true, I would advise you not to pay the slightest regard to the evidence which has been given by Dobbin, and to look at the case as if you had never heard one word proceed from his lips. If, on the other hand, you believe Dobbin to be tell- ing the truth upon the subject of which he is now contradicted by Dalton, I would still advise you not to allow the result of that contradiction to influence your minds on the question, but to decide on the amount of credence that ought to be attached to his testimony, as if you never had heard Dalton." He then re- sumed the thread of his general charge, which had been dropped at the evidence of Head Constable Williams. That evidence was most important: if Williams spoke the truth, it 'is hard to understand the allegation made; for to disarm the police and troops, and put them under the pay of any one but the Queen, is in itself an act of overt treason.: Next came the barricading at Killenaule against Captain Longmore's soldiery; and then the events of Idullinahone. The letter sent to the Mining Company could not misrepresent the prisoner; and it must be taken as a true index of the intention of him who wrote it. "If that letter, gentlemen, had any construction but one, it would be my duty to suggest that construction for your consideration. But you, gentlemen, are as competent to judge of the actual meaning of that letter as I am; and not only are you as competent, but you are exclusively the judges of the construction to be put upon it." The Lord Chief Justice, like the Attorney-General, expressed his belief that the words "Slash away" were not uttered by Mr. O'Brien, but by some other person. Lastly, in the Crown evidence, there was the prisoner's own con- versation with the Policeman Carroll.

He then reviewed the evidence for the defence. With respect to the rake of the Confederate Club he said—" The rules of that body appear to me to be perfectly legal: I can discover nothing in them in which I am able to trace either crimi-

ity or suspicion; they do not appear to me to be repugnant to any law or open to any allegation." In conclusion, the Lord Chief Justice said—" A most laborious duty has de- volved upon you; a painful duty it must be, if you take an unfavourable view of the evidence in the case. I shall rejoice if seriously, soberly, and conscientiously, you can come to a conclusion that the 'prisoner is not guilty of the charges pre- ferred against him. But, on the other timid, if soberly, seriously, and conscien- tiously you think he is guilty of the charge, there is no consideration that can justify any human being in doing otherwise than what the obligation of his oath demands and, be the consequences what they will, finding a verdict according to your oaths." Some dialogue ensued between one of the Jury and the Judge, on a distinction which the juror seemed to think might exist between endeavouring by aid of the armed peasantry to escape arrest, and endeavourieg with such aid to resist arrest. Juror— said not to escape, my Lord, but to resist arrest; and if for that pur- pose he thought it right to resist, would it be high treason?" Lord Chief Justice—" If the object and motive of that resistance be his per- sonal security, then, of course, it would not be high treason." Juror= That is if a man resist the law purely for his own interest; but if he resist it to enable him to do certain other acts, how are we to separate his personal interests from those other acts?"

Lord Chief Justice—" If his personal safety be only one object, and if he have another purpose in view' it is high treason. It will not be the less treason because he also wishes to effect his own personal security."

The Jury retired at a quarter past three oclock; but shortly after returned, and took some refreshment in jury-box. The device of eating there, instead of having refreshments sent to the jury-room after the Judge's charge, had been con- ceived by the Solicitor-General, and resorted to in prevention of any legal flaw. At half-past four the Jury returned, and much excitement arose at the supposed sudden resolve on the verdict, but they had only come for advice. The Foreman of the Jury, addressing the Court, said—" What the Jury wish to ascertain, my Lord, is, whether they are bound to find on every count of the indictment, that is, on the remaining five; for the sixth count has been with- drawn?" Chief Justice Blackburne—" You are to find a general verdict on the whole, whether guilty or not guilty." They again retired.

At half-past five the Jury appeared with their verdict. The names were called over amidst a deathlike silence. The Foreman of the Jury, Mr. Southcote Man- Bergh, pronounced the word "Guilty"; but was unable from emotion to add the contents of a written paper which he gave to the Clerk of the Court; who read as follows—" We earnestly recommend the prisoner to the merciful considera- tion of the Government; the Jury being unanimously of opinion, that, for many reasons, his life should be spared. For self and fellows, RICHARD M. S. Max- BERGH, Chairman."

The prisoner heard the verdict with unshaken firmness: every other person in court seemed deeply affected. The painful scene was closed by an adjournment till Monday. On Monday, at the sitting of the Court, the Attorney-General moved for judg- Ment against the prisoner.

Mr. Whiteside moved the reservation of these three questions—First, whether the speeches in March or April were admissible in evidence; secondly, whether the account of the meeting of the 21st of July was admissible against Mr. O'Brien, on the ground, as he contended, that the witness Dobbin was not confirmed, and that Mr. O'Brien was absent; and, thirdly, whether the contents of the portman- teau were admissible as evidence against Mr. O'Brien? He also moved in arrest Of judgment, on these grounds. The indictment charged the prisoner with having compassed the death of the Queen, and "with levying war against her in her realm": Mr. Whiteside maintained that the words in her realm" applied only to England, and that Ireland was a foreign land. There is in fact no such crime of treason as levying war in Ireland; the effect of Poyning's statute was merely to make English treasons triable in Irish courts. He maintained also that the crime of levying war is not a substantive treason indictable in Ireland, but a felony only. The law was, that the intent to levy war was treason, and the act diver was the evidence of the treasonable intent. The statute of Edward men- tioned only the overt act of war; the statute of 36 George IIL gave other overt

printing, writing, or other overt act of the kind"; but the statute of 11 victoria C. 12 repealed all such provisions of the last statute as did not relate to offencea against the person of the Sovereign, and other treasons were declared to be felony. The 6th section of the late act would be relied on by the Crown but that must be taken in connexion with the antecedent section; and it consists with the intention of the Legislature to preserve as treasons only the personal treasons of the former law.

The Attorney-General having replied, The Lord Chief Justice gave judgment, first on the two points in arrest of judgment. The charge in the indictment of levying war, as distinguished from the intention to levy it, was couched in the words of the statute itself, and an in- dictment following the words of a statute is always sufficient. The plain mean- ing of Poyning's statute is to make the same treason law for Ireland as for Eng- land, and not barely to make English treasons triable in Ireland. The second objection is that the statute of Victoria converts the treasons of the previous acts, except personal treasons, into felonies. It does no such thing. The statute of Edward makes a treason of the actual war as well as of the Intent to wage it; and the 6th section of the statute of Victoria expressly provides that nothing in its other provisions shall lessen the force of or in any manner effect anything con- tained in the statute of Edward, declaratory of what offences shall be adjudged high treason. " With respect to the points," said the Chief Justice, " that were argued in the course of the trial. we have, over and over again, maturely consi- dered them. We are perfectly satisfied with the opinion we have expressed. It is not our intention to reserve them for the opinion of the Judges." The prisoner was then called on to state why sentence of death should not be passed on him.

Mr. Smith O'Brien spoke in a loud and firm voice the following words—" My Lords, it is not my intention to enter into any vindication of my conduct, however much I might have desired to avail myself of this opportunity of doing so. I am perfectly satisfied with the consciousness that I have performed my duty to my

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country,—that I have done only that which it was n my opinion the duty of every Irishman to have done. And I am now prepared to abide the consequences of my having performed my duty to my native land. Proceed with your sen- tence. (Applause, suppressed by the officers of the Court.) The Lord Chief Justice Blackburne addressed the prisoner—" William Smith O'Brien, after a long, patient, and laborious trial, a jury of your countrymen have found you guilty of high treason. Their verdict was accompanied by a recom- mendation to the mercy of the Crown: that recommendation, as is our duty, We shall send forward to the Lord-Lieutenant, to whom, as you must know, excln- sively belongs the power to comply with it. It now remains for us to perform the last solemn act of duty which devolves upon us, and to pronounce that sentence by which the law marks the enormity of your guilt, and aims at the prevention of similar crimes by the example and infliction of a terrible punishment. Oh I that you would reflect upon that crime, and dwell upon it with sincere repentance and remorse. Oh ! that you would regard it as it is regarded by every rational being—that you would feel and know that it is really and substantially as repug- nant to the interests of humanity, to the precepts and spirit of the divine religion we profess, as it is to the positive law, your violation of which is now attended by the forfeiture of your life. The few words you have addressed to the Court forbid me, I say it with the greatest distress, to proceed any further with this subject. It now only remains to the Court to pronounce the sentence of death. (Here all the Judges put on their black caps.) That sentence is, that you William Smith O'Brien, shall be taken hence to the place whence you came, and 'be thence drawn on a hurdle to the place of execution, and be there hanged by the neck until you be dead; and that afterwards your head shall be severed from your body, and your body severed into four quarters, to be disposed of as her Majesty may think fit. May the Lord have mercy on your soul! (As he uttered these words, the Judge raised his hands towards Heaven, and seemed .deeply afected.)

The Governor of tbe gaol put his arm on Mr. O'Brien s shoulder to remove him; but some friends hastened to the dock: Mr. O'Brien shook hands with them„bow- ed to others, and almost with a smile on his face descended (ruin the dock in the custody of the officers of the prison.

On the removal of Mr. O'Brien, the trial of Terence Bellew MIdanns commenced.

Mr. Butt and Mr. Callaghan conducted the defence. Lists of the Jury and of the witnesses were applied for, as in the former case; and the law was again

argued. The Chief Justice, in giving judgment against the application, said, "Anything so clear could scarcely be discovered as that the motion ought to be refused." The point that the names were not given ten days before trial, was put in issue by plea and demurrer, and was recorded; but the Attorney-General gam a list of the witnesses, as a favour. The Attorney-General stated the case against the prisoner briefly. There were seven counts; but the substantial charge was that the ,prisoner "actually and emphatically levied war in Ireland against her Majesty.' He was an Irishman, who had resided many years in Liverpool; and his social position was very re- spectable: but he became connected with the Irish movement there, and delivered a speech at one of the meetings, on the 6th of June last, in which such sayings as these were set forth—" Either I will have Ireland free or have bloody hands before I eat my Christmas dinner"; he would have "Repeal in three mouths, or there would be a bloody slaughter "; "every one that fights with us will receive a piece of land in Ireland for his own use." He left Liverpool, and arrived at Dublin on the 25th June; having been followed by a policeman, who lost sight of him at Dublin, but secured a box which he carried, containing a uniform of the '82 Club, and some fire-arms. He joined Mr. Smith O'Brien, and took an active Part under his command in leading the people at the barricading of Killenaule, and at the attack on Widow 111`Cormack's house. He was arrested in an Ame- rican ship just departing (rein Cork, on the 30th of August; he was then dis- guised, and gave a false account of himself to a policeman who was pursuing other persons and recognized him by accident.

Evidence of all these facts was given; and in addition, the evidence of' the former trial was repeated which connected the prisoner with Mr. Smith O'Brien's treasonable objects. The case for the Crown occupied the remainder of Monday and the whole of Tuesday.

On Wednesday, Mr. Butt opened his defence; and made an effective use of such materials as lay ready to his hand. Inter alia, he endeavoured to explain away the evidence of the Liverpool Police. The prisoner was an Ulster man: the meeting he attended was no Chartist meeting, but one of Old and Young Ireland Repeaters; and what he said was, that if the Irish Parliament were restored, the Ulster tenant-right would be secured, and thereby every man would be able to call his piece of land his own. As to the "day of slaughter," that was a warning to Government: many loyal men then dreaded such a day, if Repeal were not granted. Mr. Butt insisted that the indictment could not be supported unless the Jury were satisfied that the prisoner had actually levied war; and he con- tended that there was no evidence that the acts had gone to that extent: all the facts tended rather to show that a war was only intended; the occurrences at Killenattle, when the barricades were removed and the soldiers were cheered, were intended solely to protect Mr. O'Brien, with a view to future war. The prisoner went over to Dublin to avoid a political arrest, and knew so little of the Confederate plans that he drove from the steamer to the office of the Felon, which had been suppressed three weeks before by the Government. Finding he was pursued, he escaped to conceal himself among his customers in the South; and became mixed up by accident with Mr. O'Bnen's personal objects. Not a person nor a document existed to connect him with the Confederation.

The evidence of merchants in Cork, Limerick, and Kilkenny was given, to prove the prisoner a man of high moral principle and loyal character. The Cork Examiner states that an official intimation was conveyed to the mother and wife of Mr. Smith O'Brien, on Saturday, that "the recom- mendation of the Jury was almost certain to be attended to by the Exe- cutive."

Mr. George Bradshaw, a gentleman of the county of Tipperary, summoned to Clunmel as a juror, was attacked on Monday morning, within a mile of the town, while driving his brother in a gig. Two men rushed on their horse and pulled it down on its haunches; but the brothers were courageous and strong, and leaped out to a awe grapple. The assailants fled, but one was soon overtaken, and the other has been since arrested by the police.

Three men have been murdered at Bansha in Tipperary, under circumstances of peenliar atrocity. One Redmond Brien, tenant of the lands of Rosadrihid, had evaded payment of the poor-rate, and the collector had obtained a bench-warrant for the sum of 41. 4s. 44d. Receiving information that Brien was moving his stock on to the land of another person—as be had often done before—the collector proieeded, on the 6th instant, to execute his warrant, by placing three men in possession as bailiffs, Regan, Walsh, and Dwyer. "About seven o'clock on Sunday morning, Regan came into the house of Cushin, a neighbour, and called him up, saying that men were coming after him; and in a few minutes more, Walsh and Dwyer came up and Regan hurried them into the house and locked the door. In some ten minutes, a party of men appeared, and asked admission and a light for their pipes. On being refused, they broke in the win- dow, and threatened to break the door or burn down the house. One of the bai- liffs inside shouted out, 'If you will spare us our lives, we will take our oaths never to come again.' The people broke the door open with a stone, and three men entered; one of whom had a gun. Walsh and Dwyer were begging for their lives, and said they would never come again. They were both murdered, in the kitchen. One was shot; the other was beaten with a gun, and when the stock of it broke be was beat and killed from blows with the barrel." Regan was pulled out of the house and killed outside. The bodies were left, frightfully mangled by blows. A Coroner's Jury found, that the poor men "were barbarously and bru- tally murdered by some person or persons yet unknown."

Ball inasloe fair was held last week, and was very satisfactory in the cha- racter of its business. A letter in the Dublin Evening Post refers to the fair es an index of general prosperity- " The lateness of the harvest and the continued wet in summer retarded the business of the country, and the farmers were not prepared when the Banagber fair arrived. It threw great despondency over the minds of men; but since that the weather has got up, the crops have been much better secured than was ex- pected, and confidence has been gradually inspired ever since; which might be observed in the improvement which took place in the subsequent fairs—Navan and Surinnerhill, for instance; but the crowning feature was Ballinasloe. Most decidedly this fair will do invaluable good to the country, by metering confidence and giving a tone to enterprise. Already its effect may be remarked amongst the shopkeepers who have speculated amongst us; they look more pleasantly."