IRELAND.

The trial of Mr. Smith O'Brien proceeded, at Clonmel, on Friday; rais- ing increased interest, and drawing together a crowd of eager spectators. The prisoner was perfectly calm and self-possessed. Mr. Whiteside applied to the Court to have the Jury chosen by ballot; citing to support himself the conduct of Sir John Campbell, the English Attorney-Gene-. in Frost's case: Sir John Campbell had then stated that if the Judges thought It would promote the impartial administration of justice he would concur in the calling of the Jury by ballot, although such a course hadnever been adopted since the 7th William III.

The Attorney-General thought that his consenting to this application would imply that the Sheriff had not fairly and impartially discharged his duty in array- ing the panel; and he therefore objected to any departure from what had been the rule in both countries as far back as he had had any means of ascertaining the practice.

The Lord Chief Justice ruled that the demand could not be allowed without 'the consent of the Attorney-General. The Jury were then called in the usual way: the prisoner being allowed twenty .peremptory challenges—challenges made without showing reasons for them; and also making several successful challenges "for cause shown." An attempt was made by his counsel to extend the privilege of peremptory challenge to thirty-five cases instead of twenty; and the question was argued. By the common law, .thirty-five persons—one person less than three juries—may be challenged; but the 9th George IV. c. 64 limits the number to twenty in cases of "treason, or -murder, or other felony." It was argued that the words "other felony" implied that the "treason" spoken of was a felony: if so, it would prove that the word ." treason" as there used was meant for petit treason only, and not high treason, the former being and the latter not being accounted a felony: the act therefore did not apply to the present case of high treason, and the common law number of tchallenges was not taken away. The 9th George IV. c. 64 is an Irish act only, and the common law number of challenges are still allowed in England. The Lord Chief Justice said—" We are of opinion that the word treason,' -comprises all treasons, and that it cannot be cut down to signify one species. We follow the words, the challenge shall not be allowed.'" The Jury having been completed, the Judges were asked, for the prisoner, to -order all the witnesses to leave the court. The Attorney-General consented; ex- scepting Mr. Hodges, the Government reporter, as he was engaged to take notes of the present trial.

Mr. Smith O'Brien—" I do not object to General M`Donald or Major Brownrigg, but I do object to Mr. Hodges being present. He attended all our meetings, re- presenting himself to be simply a reporter, and prepared to prove only that certain words were uttered. He now comes forward and swears that the words so uttered were seditious and treasonable. I apprehend, therefore, that his character differs from that of an ordinary reporter, and I cannot think that his report would be a Lair report."

Mr. Hodges offered to retire; but the Chief Justice interposed. The Prisoner—" So far as I am concerned, I do not acquiesce in Mr. Hodges being present. He departed from his character of a reporter. We afforded him every accommodation at various public meetings: we treated him as a guest, and now it turns out that he was a spy. I think he has no right to be present.' The Lord Chief Justice intimated that there was no established rule for his withdrawal.

The Prisoner—"! am overruled by the Court; but I do not acquiesce in it." In the end, Mr. Hodges withdrew, and his son took notes in his place. Mr. Lynch opened the pleadings to the Jury. The indictment contained six counts: the first five charged the prisoner with ' raising and levying war against the Queen," and the sixth count charged him with "conspiring to bring and put the Queen to death."

The Attorney-General opened the case. The present indictment, he said, is

1 grounded on the law passed in the reign of Edward the Third to define treason; which ran in these terms—" Whereas divers opinions have been, before this time, in what cases treasons shall be made, and what not, the King, at the request of Ithe Lords and Commons, has made the declaration following; that is to say, when a man do compass or imagine the death of oar Lord the King, or if a man do levy war against our Lord the King in his realm, or if he shall be an adherent of the enemies of our Lord the King, or giving aid or comfort to them, and that they shall be attainted of open deed, by persons of their own condition, that man shall

be declared guilty of the crime of treason." Under the two classes of counts in the indictment he would give the same evidence—the evidence of levying war; as the levying war was itself an overt act sufficient to prove the charge of conspiring against the Queen's life. The Attorney-General then sketched his case; commencing long before the actual outbreak and rebellion, and " tracing the previous arrangements, consulta- tions, and plans of the parties, which resulted in the levying of war." He sketched the origin of the Irish Confederation, in January 1847, which included Mr. Smith O'Brien as a member, and which planned an insurrection as early as

March 1847. Soon after the French Revolution, meetings were held with the

object of congratulating the Provisional Government: at those meetings Mr. Smith O'Brien attended, and on one occasion he made a speech which showed him to be then settled in the idea that it would very shortly be necessary to take op arms to raise Ireland into an independent kingdom. lie had previously ob- jected to arming or military training; but such a change had taken place, that

he thought the people should arm, and young men of talent should study engineering, with the tactics of cutting off the supplies of an enemy. Then it was that Mr. Meagher also advised in favour of a deputation to the Queen : suggesting that if it were refused admission, its members should " bundle up their court dresses, and swear that they would not return except as ambassadors of an Irish Republic." Then it was that he advised the people as a last resource to " up with the barricades, and invoke the God of Battles." From March to July there was a constant struggle by the conspirators to evade or transgress the law. At that time, as now, if any person were guilty of high treason, he forfeited his life; but the speaking or publishing of seditious speeches, unaccom- panied by some overt act or actual levying of war, was only a misdemeanour. Mr. O'Brien and those engaged with him availed themselves most fully of that state of the law; and when proceedings were taken against them, they could be and were set at liberty pending their trial. But on the 22d of April an act was passed which rendered the compassing or imagining the deposition of the Queen, or giving expression to any such intention, felony. Shortly afterwards, a prosecu- tion for felony had been instituted against a member of the Confederation, named Mitchel; who was convicted and sentenced to transportation. It would appear out of the month of one of Mr. O'Brien's co-conspirators that consultations and discussions took place at the Confederation at the time of the trial on the subject of the rescue of Mr. Mitchel in case of his conviction, and that there was consider- able difference of opinion between the Clubs and their leaders; some of them thinking that under any circumstances Mitchel should be rescued, even at an enormous loss of life, and that the insurrection should commence immediately; while others contended that they were not yet ripe for such an act—that the harvest was not ripe—that there was not food enough in the country—and that the rebellion should be deferred to a later period, when the harvest should be ready; but that then, coats qui conte, the effort should be made. The plan adopted in the mean time was to organize Clubs in all the large towns and rural districts, with arms and officers, to be ready at any notice, however short, to take the field. Early in July Mr. Duffy was arrested on a charge similar to that against Mr. Mitchel, and his trial was fixed by the Cominision to take place on the 8th of August; and Mr. O'Brien and the other leaders determined to rise in that month, so as to anticipate the trial. Accordingly, Dlr.-O'Brien, Mr. Doheny, Mr. Dillon, and Mr. O'Gorman, set out for Cork and other places, to complete the Club organization, and mature the arrangements for effecting the simultaneous rising in different parts of the island. On the 14th July, a meeting of the Confederates was held to receive reports on the state of the organization. The Government received information of this pro- ceeding, which they could rely on themselves, but which would not have sufficed to put before a jury; and they took steps accordingly—steps which had an im- mediate effect on the movements of the conspirators. At the last meeting of the Confederation it was resolved that the rebellion should take place forthwith, though the time was not exactly fixed. Immediately after that resolution, on the 18th of July, the Lord-Lieutenant proclaimed Dublin under the provisions of a recent act. The effect of the proclamation was to prevent the Clubs from carrying arms or having them in their houses. The question was then discussed by the Clubs, whether they should resist or obey the proclamation—whether they should make the first search the signal forresistance and outbreak, or conceal their arms and wait their time. Alarmed by this step of the Government, the leaders of the Confederation determined that the rising should take place on the 19th of July. Asa preparation for the rising, the Council of the Confederation, which previously consisted of twenty-one persons, was reduced to five, who were to constitute a War Directory, while Mr. O'Brien was to take the field in person. Mr. O'Brien left Dublin for Cork, and Mr. DAieny for Carrick. However, as the barristers associated with Mr. O'Brien knew well that while the Habeas Corpus Act was still in force, he could not be arrested without informations sworn against him, Mr. O'Brien felt safe in going first to open new ground in Wexford. He repaired to Enniscorthy, in that county, on the 22d of July, provided with Ordnance maps of the intended scene of his operations. "He travelled alone; but it so happened that, when the Council was electing its War Directory, the Prime Minister was announcing in the House of Commons that on the following day he would bring in a bill to sus- pend the Habeas Corpus Act. O'Brien, when he left, was not aware that such a course would be taken; nor did he anticipate there was enough of loyalty, or rather so total a want of disloyalty, in the British Parliament, that no member of the House could venture to obstruct the introduced of the measure: and accordingly

—a thing almost unexampled—the bill was and passed the Haase of

Commons on Saturday, on Monday it was agreed to by the House of Lords, and on Tuesday received the Royal assent. On Saturday morning, the approaching measure was announced in Dublin by telegraphic despatch. The propneior of the Freeman's' Journal, by whom it was received, communicated it to O'Gorman. O'Gorman concluded that the object was to arrest O'Brien; and, knowing that if he and his associates were arrested the people would be left without leaders, and that there would be no means of effecting the revolution, immediately sent a despatch to O'Brien, which was afterwards found in that gentleman's possession."

On Saturday, Meagher and Dillon left Dublin privately, to take the field with O'Brien. They were afraid to go from Dublin direct, and therefore went to the house of a gentleman named O'Hara, about five miles from Dublin on the road, and there took the coach to Loughlin's Town, and arrived at Enniscorthy on Sun- day. On that day the people were gathered and exhorted to prepare for imme- diate outbreak. The party left Enniscorthy for Graigne, and came the earns evening to Kilkenny; where Mr. O'Brien ascended a lofty tower and took a mili- tary survey of the country. The people were here also assembled, and told that the time for war was now come: they were advised to consider the Army and the Police as friends—as honest men, who would take part with the people. hint- linalione was reached on the 25th: the intermediate travels are not clearly known, except that Mrs. Doheny's house was visited on the 24th. On the 25th, the actual levying of war began. Before O'Brien arrived, it was known be was to be there, and a large body of people was assembled from the sur- rounding country. Some were armed with pikes or guns. Speeches of the most seditious character were spoken; drilling, and matters of that description, took place. Several strange persons in the garb of gentlemen arrived, including one Terence

MManits. M'Manns was followed to Dublin as connected with the English Chartists and his portmanteau was captured, but he himself escaped. The portmanteau contained a military uniform, though Di'Manns was in no military commarid. O'Brien apd M'Slanus surveyed the country together. and at night O'Brien as- sumed the right of quartering where he pleased. [gr. O'Brien shook his head and smiled.] On Wednesday the 26th, O'Brien went to the Police Barracks, armed with a pike and .pistols, and accompanied by adherents: he called on the Police to join him—resistance was in vain—the country was up, and the people enthusiastic. The Chief Constable (Williams) said, the Police w onid yield thew arms only with their lives. Mr. O'Brien gave them two hours to consider; and they took the opportunity to retire, under orders, to Cashel. The party that day went to Ballingarry ; and O'Brien selected a body guard, who attended him con- stantly in relief companies. The 27th was spent in marching and countermarch- ing between Ballingarry to Mullinahone, and in levying arms from all the farmers and cottiers who refused to join the rising. On the 28th, O'Brien went to Kille- naule, and while there a scout apprised him that a detachment of dragoons ap- proached. A barricade was erected to arrest the dragoons on their march. Dillon was sent to inquire of Captain Longmore if his object was the arrest of O'Brien; for if it were, the barricade would be defended. This was not Captain Longmore's object, (the Government had but just then learnt with certainty of O'Brien's proceedings); and on his stating so, the barricade was removed, and the dragoons passed on their route. O'Brien that evening marched back to Bailin- gamy, and gave out that he had defeated some dragoons—that Dublin was up. On the night of the 28th, the Government proclamation against O'Brien was received in those parts; and Inspector Trent made arrangements to concentrate a large body of Police with the purpose of attacking the rebels. [The Attorney-General here related the facts, already known to the public, of Inspector Trant's march to Boulagh Commons, his occupation of Widow M'Cor- week's house, the attack on the Police after O'Brien's unsuccessful negotiations at the window-' the resistance made; and the ultimate retreat of the rebels with loss o lives. He described the approach of Inspector Cox's small party; which encountered O'Brien's rebel army of a hundredfold greater numbers, but deter- mined at any rtk to press on to Trant's relief. Surrounded and opposed in its progress, it fusiladed the rebels till they retired and allowed it to make a junction with Trant's force.]

From the moment of O'Brien's failure against the Police there was an end of his expedition. Except once, for a brief space, soon after the failure of that attack, he was not seen again till the time of his arrest.

It would mrst likely be contended that all these proceedings fell short of the legal offence of levying war; or it would be urged that their author had not any revolutionary object in them. The Attorney-General thought that no doubts could arise on these grounds; but if any should arise, the case would be cleared from all difficulty by documentary evidence found in O'Brien's possession after his arrest.

The Attorney-General commenced the evidence for the Crown by handing in a letter under Mr. O'Brien's signature, dated " Ballingarry, July 29," which had been sent by him to the Colliery Company, respecting the management of their mining servants. [We published extracts from this letter at the time it became public, in August. Mr. O'Brien stated to the Company, that he felt it his duty to make provision for the gallant men employed in the works, who had afforded him protection and assistance; and therefore took the liberty of suggesting that the produce of the mines should be sold to the public at the lowest possible price, and that the utmost amount of work should be given to the'people: if this were not done' he would direct the people to work the collieries an their own account; and in case the Irish revolution were successful, the property of the Mining-Company should be confiscated as national property: on the contrary, if the Company com- plied with his suggestions, 'he would protect their property to the utmost of his power.]

The Attorney-General also gave in evidence the following letter of Mr. Duffy to Mr. O'Brien, which had been fqund in O'Brien's portmanteau after his arrest. "Saturday. "My dear Sir—I am glad to learn that you are about to commence a series of meetings in Munster. There is no halfway-house for you. You will be the head of the movement, loyally obeyed, and the revolution will be conducted with order and clemency; or the mere anarchists will prevail with the people, and our revolution will be a bloody chaos. You have at present Lafayette's place, so graphically painted byLamartine; and, I believe, have fallen into Lafayette's error —that of not using it to all its extent and in all its resources. I am perfectly well aware that you don't desire to lead or influence others: but I believe, with Lamartine, that that feeling, which is a high personal and civic virtue, is a vice in revolutions. One might as well, I think, not want to influence a man who was going to walk on thawing ice or to cross a fordless river, as not to desire to keep men right in a political struggle, and to do it with might and main. If I were Smith O'Brien, I would strike out in my own mind, or with such counsel as I valued, a definite course for the revolution, and labour incessantly to develop it in that way. For example, your project of obtaining signatures to the roll of the National Guard, and when a sufficient number were produced, and not sooner, calling the Council of Three Hundred, was one I entirely relied upon: tint it has been permitted to fail into disuse, and would scarcely be revived now. The Clubs, however, might take the place of the National Guard; and the proposal in your letter on —,of a definite number of Clubs being formed, would just suit as well if it were vigorously and systematically carried out, each day adding an item to it, and all the men we could influence employed upon it.

"Forgive me for urging this so anxiously upon you: but I verily believe the hopes of the country depend upon the manner in which the next two months are used. There is not a town in which you could not find a band of missionaries to organize the neighbouring counties. Every Club has its active men fit for this work; and it is only by applying all our force to it that we will succeed. "With best regards to Mrs. O'Brien, believe me, my dear Sir, very truly yours, "C. G. DUFFY." Mr. Hodges, the Government reporter, was called to prove speeches made by Mr. O'Brien at a Confederate meeting held on the 5th March 1847.

Mr. Whiteside objected to evidence of such remote speeches. If speeches in 1847 may be read, speeches of 1807 might, and the prisoner might be called on to answer the proceedings of all his life; which was against the law laid down in the writers, and in the cases of Hardy, Tooke, and their companions. The Court ruled that the speech might be read, in evidence of the intention of the acts alleged against the prisoner. Mr. Hodges read the speech ; and also some documents which were read at the meeting. A speech of Mr. O'Brien on the 15th April was also commenced; but before Mr. Hodges had more than half read it, he was exhausted with fatigue; and it was agreed by the prisoner's counsel to admit it if a copy were given them before next day. Other speeches delivered on the 6th June and on the 19th July were also read. [We described all these speeches at the time they were delivered.] In a brief cross-examination, Mr. Hodges stated that he was invariably received as a Government reporter with the utmost attention, and was offered every facility to pursue his vocation: all documents that he required were instantly furnished to him.

The proceedings of Friday ended with the examination of General Macdonald; who proved the identity of a number of things that had been taken from Mr. O'Brien's person immediately after his arrest, and were now produced in court. Among theist were the keys of Mr. O'Brien's portmanteau. All were marked and placed in a despatch-box and given to Captain Emans, to be taken to Mr. Redington, the Under-Secrett4 for Ireland. On Saturday, Captain Emans was the first witness: he proved his delivering to. Mr. Redington the things sent by General Macdonald.

Captain John Gore Jones, Stipendiary Magistrate, was examined concerning Mr. O'Brien's portmanteau. Mr. Jones saw Mr. O'Brien within half an hour after his arrest. He was fatigued and depressed. " I obtained from him two let- ters, one for Mrs. O'Brien' and the other for Mrs. Doheny : Mr. O'Brien also begged of me to have thernforwarded to Mrs. O'Brien and Mrs. Doheny. I trans- mitted Mrs. Doheny's letter to Sub-Inspector Cox' at Cashel. He also spoke about a portmanteau, which he said was in the keeping of Mrs. Doheny, at Cashel; and asked me if I could get it for him. I said I would do so with plea- sure; but that my messengers must of necessity be police; and that Mrs. Doheny, of course, would not give the portmanteau to them unless he wrote to her for it Mr. O'Brien then wrote a letter to Mrs. Doheny, which I sent to Mr. Cox." Mr. Jones received the portmanteau on Sunday, and sent it to Dahlia as he received it. Mr. Jones's cross-examination is thus reported—"I am a Stipendiary Magis- trate, and always keep my word. I did not tell Mr. O'Brien that I would repeat anything he said to me during the conversation I had with him, to the authori- ties. I gave Mr. O'Brien a distinct assurance that he would receive his Rod- manteau when I got it from Cashel; but I did not keep my word with him.

Captain Cox, Sub-Inspector of Police, proved that be got the portmanteau from Mrs. Doheny's house before he sent Mr. O'Brien's note to her." Other witnesses proved the transference in their personal custody to Mr. Re- dington, at Dublin Castle, of the portmanteau just as it was found; that is to say, locked, and firmly bound up with straps. Mr. Thomas a Berke, an extra clerk in the Under-Secretary's Office, had gone at Mr. Red ington's request and fetched from Mr. Redington's desk a hand- kerchief containing several things wrapped up. Mr. Redington gave him thence a bunch of keys, and with one of the keys he opened the portmanteau. The documents which he found he put aside, and marked: he gave them all, in- cluding marriage settlements which were among them, to Mr. Farrell, Commis- inissioner of Police.

The Deputy Governor of the Gaol proved that he gave the portmanteau, with the clothes only in it, to Mr. O'Brien; who received it and kept it as his own. The Attorney-General then proposed to give in evidence letters found in the portmanteau.

Mr. Whiteside objected; and the Lord Chief Justice observed that the port- manteau had not been traced to Mrs. Doheny: " the Policeman who got it from her was not called." Mr. Whiteside urged that both MTh. Doheny and Mr. Redington should also be called. After argument, the Court determined that " there was evidence by which the papers in the portmanteau might be said to be traced to the possession of the prisoner [before his arrest]; but counsel might in the end contend with the Jury that this was not sufficiently proved."

Witnesses proved the handwriting of several documents; and especially of a multitude of letters and papers seized at the house of Mr. Halpin, the Secretary of the Confederation.

John Stephenson Dobbin, an approver, was then examined as to Mr. O'Brien's participation in the business of organizing the Clubs, and his presence during, and participation in, discussions of treasonable objects. Dobbin was a member of the "Red Hand" Club, which was a branch of the Curran Club. Mr. Whiteside objected to evidence concerning the Clubs: he was instructed that Mr. O'Brien had nothing to do with them. Solicitor-General—" Oh, I dare say you were instructed: so Mr. O'Brien him- self pleaded 'not guilty.'" Mr. O'Brien—" I call for the protection of the Court- My honour was never impugned, and I will not allow even a Solicitor-General to arraign it." Dobbin proved that Mr. O'Brien attended a meeting of the Clubs held on the 15th July. Mr. O'Brien sat at the head of the table, and from a book read out the names of all the Clubs; and as their representatives answered, he examined each as to the numbers and organization of his club. There had been differences on these points, and this step was taken by Mr. O'Brien to satisfy himself: some hours were occupied in the process. Mr. O'Brien said the object was "to effect the independence of the country." Mr. Whiteside—" Mark that answer; those words are his own."

Witness—One Trowton stated that men were ready to sail from England, and that two swivels were ready there; and Mr. O'Brien said the difficulty was, how to get the cannon over: he recommended that each club should have a pleasure- yacht. He said he would "rather ascend the gallows than any one should by a premature step lose his life on his account by a failure." Mr. O'Brien—" Repeat that answer." [Witness repeated the answer.]

Chief Justice Blackburne—" Repeat what Mr. O'Brien said about a premature step." Witness—He would ascend the gallows rather than one should lose his life on his account. Witness begged to correct his statement. It was mentioned also as to the rescue of the persona in gaol; and it was unanimously cried out, to have a rescue. Every one said, in case they were convicted, they would have a rescue. A meeting was held on the 19th of July; when Mr. Brennan's proposition to begin the insurrection at once was discussed. Mr. Dillon moved that the people should conceal their arms till the harvest, and give only passive resistance in the mean time; and Mr. O'Brien said that an immediate rising would be premature. It was put to the vote, and the numbers were doubtful: on a second division there was a small majority for Mr. Dillon, and the minority were quite dissatisfied. "Brennan, in enforcing his resolution, said, the other party were halting between two opinions, and would wait till French or American aid would come—till rifles were dropped from heaven, with angels to draw the trigger." On the 21st an "adjourned meeting" was held, at which Dillon, Meagher, M`Ghee, and M•Der, mat were present, but not O'Brien. It was at that meeting that the Council was reduced from twenty-one to five,

Mr. Whiteside—" Were these resolutions put down in a book ? " Witness—" They were not."

Mr. Whiteside—" You swear that ? "

Witness—" I do. All the members then got slips of paper and wrote the names of the persons whom they wished to be elected. They were unanimous that Mr. Smith O'Brien should be one of the Council; but Mr. Dillon represented that Mr. Smith O'Brien would do more good organizing the country than if he remained in Dublin. Witness voted himself. When the papers were written they were put into a hat, and two members were appointed scrutineers who took them into the adjoining room: soon after, they returned, and declared the result of the ballot to be in favour of Mr. Dillon, Mr. Meagher, Mr. O'Gorman junior, Mr. M`Ghee; and there was an equality of votes for bin Davin Reilly and Mr. Lalor, when a new election took place, which ended in the election of Mr. Devin Reilly." Mr. Whiteside—" Were these names taken down in writing ? "

Witness—" Yes."

Mr. Whiteside--" Are they in the possession of the Attorney-General ? " The Attorney-General (holding up a bundle of slips)—" Here they are." The slips being handed to witness, he identified one as the slip on which he had himself written the names of those he wished to elect as members of the Execu- tive Council. He knew the handwriting on some of the other slips. One he iden- tified as that of Later; another as that of MDermott; and another as that of O'Higgins, who was a Club representative. Witness did not know what became of those papers after the ballot. He never saw them from that night till about a week ago, when they were shown tohim by the Crown solicitor. In cross-examination, after a short adjournment of the Court, Dobbin was asked if he knew Mr. O'Brien.

Mr. Whiteside--" Look round to that gentleman, and say if you ever spoke to him in your life." Mr. O'Brien (in a peremptory tone)—" Look round, Sir." Witness—" I have heard him speak."

Mr. Whiteside—" But did you ever speak to him?" Witness—" I have heard hint speak." Mr. Whiteside—" Now did I ask you that?" Witness—"I never spoke to him."

Mr. Whiteside—" Never in your life?" Witness—" No."

S.

Mr. Whiteside—" With regard to what was said about the gallows, on your oath was not this what Mr. O'Brien said, that if he were Mr. Duffy he should pre- fer the gallows to any man losing his life on his account?" Witness—" That was not what he said: he said he would prefer the gallows to any man losing his life by a premature step."

Mr. Whiteside—" But was it not after the persons in the meeting talked of rescuing Duffy ? " Witness—" It was." Mr. O'Brien—" I beg pardon for one moment, my Lord. I am not familiar with the proceedings of criminal coarts, but it seems to me that as you are taking down whatever is unfavourable to me, you ought also to take down what is favourable." Chief Justice Blackbarne—"Hoiv do you know that I am not taking it down?" Mr. O'Brien—" I have observed your Lordship." Chief Justice Blackburne—." I beg you will not interfere."

Mr. Whiteside—" I have a note of it, and can refer to it if necessary." Chief Justice Blackbarne—" I;sssare you, Mr. Whiteside, I have taken down every word that is in favoer 91 ihevrisoner."

Mr. Whiteside—" I am tluiCe 'iiitisfied of that, and am much obliged to your Lordship." * The witness continued in cross-examination—" On the dissolution of the Confederation the League was established; but witness could not se; at what time the League was established. In the interval, the Lord-Lieutenants proclamation to disarm Dublin was issued, and the meeting of the 19th was called by requi- sition. The effect of the requisition was to defeat the proclamation. I did not see the requisition, but was told that the meeting was going on." Mr. Wluteside—" Who told you? some Detective, I suppose?" Witness—" I don't know a single Detective." Mr. Whiteside—" Who told yen?" Witness—" I won't tell you." Mr. Whiteside—" You must." Witness—" I shan't. Do you think I am going to give up a man to be assassinated by the _Claw in Dublin, for your pleasure?"

Mr. Whiteside—" That's your answer?" Witness—" It is." Mr. Whiteside---" I insist on your telling me." Witness—" I put myself under the protection of the Court. I have heard the Clubs plotting assassina- tion; and, on my oath, I believe if I were to tell, the person would be assassi- nated."

Mr. Whiteside—" My Lord, I insist on my question being answered." The Attorney-General—" This is a question for the consideration of the Court. The witness states on his oath that he declines to name the person, because if he were to disclose it, he would expose the person to the danger of his life."

Mr. Whiteside referred to the State trials in England, where no person was al- lowed to refuse information except official persons connected with Government; and certainly this person ought not to be excused. Would their Lordships allow this slander against the country they all lived in to be tolerated, and that on that ground he should be excused from giving information which might be ma- terial to the interests of the prisoner? After some deliberation, Chief Justice Blackburne said, the Court did not feel called upon to compel the prisoner to answer. Cross-examination resumed—" The witness met his informant by chance. Met him, he believed, in Sackville Street, between the Lying-in Hospital and Post- office. Did not go any distance with him. When they met they were going dif- ferent ways. He did not turn with him. They conversed about a second. The person is a gentleman of rank and respectability, and of hereditary loyalty." (Laughter.) Mr. Whiteside—" You said some person proposed Mr. O'Brien as a head, and the members were disposed to support him; but Mr. Dillon said Mr. O'Brien do-

aired to have the privilege of being able to go through the country. Now, will you swear Mr. Meagher did not say that Mr. O'Brien had nothing to do with them ?" Witness—" I will not swear he did not sayit."

Mr. Whiteside—" Was not Father Kenyon elected in this Council of War?" Witness—" He was not elected."

Mr. Whiteside—" Was not his name proposed?" Witness—" Mr. Duffy wrote from prison, requesting that Fathers Mealey, Kenyon, and Hughes, should be elected in this Council. The members present, before they began to vote, unani- mously opposed electing a priest, because it was a Council of War." Mr. Whiteside—" Who is the second man voted for there?" [handing witness a paper.] Witness—" Mr. Kenyon."

Mr. Whiteside—" Who is the first man there voted for?" [handing witness another paper.] Witness—" Mr. Kenyon."

Mr. Whiteside--" Let me see again." Witness—" You need not trouble your. self."

Mr. Whiteside--" But I will trouble myself. Who is No. 2 there?" [handing witness another paper.] Witness—" The Reverend Mr. Kenyon." Mr. Whiteside—" That makes three?" Witness—" Yes, three out of twenty- nine."

Mr. Whiteside—" Look here, and look here. How many have you there?" [handing him other papers.] Witness—" Five." Judge Moore—" Did five vote for him ?" Mr. Whiteside—" They are five separate polls. Here he is again and again: 1 think he was elected after all. How many have you there?" Witness—" Seven." Mr. Whiteside—" And do you persevere in your answer that it was resolved on not to vote for a priest?" Witness—" Before going to vote it was decided a clergyman was not to be on it, for it was to be for war. There was another priest voted for. Did not know where Mr. Kenyon was." Mr. Whiteside—" He is walking about; and the prisoner at the bar, who was not at the meeting, is in the dock." Witness—" He was voted for, but his name was struck out." • Mr. Whiteside—" Who first sent you to the Clubs in the respectable character of an informer?' Witness—" It was not Mr. Montgomery." Solicitor-General—" That question has been ruled already." Mr. Whiteside—" Have you received any cash yet?" Witness—" From the time I entered the Clubs I never received a gratuity." Mr. Whiteside—" Is it all due?" Witness—"I expect nothing." Mr. Whiteside—" Oh, then, you are a gratuitous informer, and went into the Clubs for the purpose?" Witness—" Yes, and I defeated their end." Mr. Whiteside— Oh, but Mr. Dobbin, you have not hanged all your men yet." Witness—" I swore no information; had no notion of being required as a witness, until two days before I was summoned." Constable Griffin proved that he seized the slips of voting-papers in the house of Mr. Lalor on arresting him: it was iu a black bag on the table, in Lalor's presence.

Witnesses were then examined who proved seeing Mr. O'Brien at various stages en his way Southwards after he left Dublin to raise the country. Patrick Coghlan was at Carrick-on-Suir on the 24th July, and heard Mr. O'Brien and Mr. Meagher speak to the people. Mr. O'Brien said he was about to be made the victim of English domination and English misrule; but there was a time gone by when if there was any of the blood of his ancestors to be seized on, no matter by whom, there were strong arms and stout hearts to prevent it. Now,

1 he asked them, if they would allow it. The answer was, "No, never." He then said, " I know you also have strong arms and stout hearts; and I stand here to declare that I want not place or emolument, for I have sacrificed near and dear family ties, and I am now determined with you to sacrifice life: but this is not the time for speeches." He then retired into the room. Mr. Meagher spoke' and gave the people a few hours to deliberate, so that nothing should be done her_ riedly or confusedly. " The crowd appeared terribly excited after the speeches."

On cross- examination, it turned out that this witness had read over his origiaai informations against Mr. O'Brien frequently, and had spoken them verbatim in his evidence to the Jury. But be had not read his informations regarding Mr. Meagher's speech; and accordingly, his present evidence was not the same as his informations against Mr. Meagher. Mr. Virhiteside—" That is the way speeches are improved. You may go down, Sir; I have done with you."

John Hanlon gave. evidence randier to Coghlan's—nearly verbatim. The re- port of the Morning Chronicle has this note—" [It ought to be stated that the speech was repeated by both witnesses in a tone which indicated that the words had been learned off, and were now repeated by rote.] " Cross-examined by Mr. Fitzgerald—The witness said that he had learned Mr. O'Brien's speech off by heart. He had not learned off Mr. Meagherl speech. He . knew that Mr. Meagher's trial was not to be on today.

Monday was chiefly occupied by the hearing of witnesses who proved the pro- gress of Mr. O'Brien onwards to ?dallinahone and Ballingarry—his speaking to the crowd from Mr. Wright's wall, and hi a visit to the Police station to induce Constable Williams and his party of Police to join the insurrection; describing the marching and countermarching of the meet in arms, and then drilling and training to attack and defence by Mr. Smith O'Brien's officers, Cormack, hl'Idanus, and others. Many of the Crown witnesses gave their evidence re- luctantly; and some of them endeavoured to evade identifying the prisoner, by looking at persons near him instead of at himself when declaring they had never before seen ' that man."

John O'Donnell, a respectable-looking farmer, refused to give evidence at all. When the book was tendered to him, he exclaimed, with energy, "No, I won't be 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 houie again with the badge of an informer on my breast." The'Attorney-General—" You will not be asked to give evidence against your brother."

O'Donnell—"I don't care, Sir; directly or indirectly, I will give no evidence." 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 made upon the audience; but there were no murmurs of approbation, or any attempt at applause.] Richard Sheen was called, but refused to be sworn; observing, "I will not be sworn against such a gentleman." The Attorney-General—" Will you not take the book, Sir, and be sworn?" Sheen—" I will not, Sir." Chief Justice Blackburne—" Your omitting to take that oath is a gross con- tempt of this Court; and I am bound to tell you that I must commit you, if you still refuse to be sworn."

Sheen—"I will, Sir: take me to prison."

He was removed in custody.

Captain Longmore and some of his soldiers described the occurrences at the barricade near Killenanle. Mr. Pemberton' the Colliery engineer at Ballingarry, was examined .as to an interview with Mr. O'Brien on the day before the conflict at Widow M'Cormack's, relative to the mining population. Mr. O'Brien then said the same that he said in his note to the Company next morning. It was now late in the evening, and Mr. O'Brien made an application to the Court to adjourn. "After sitting nine hours, I do not think it would be doing justice to my counsel or to myself to proceed any farther with the investigation this evening. The late hour to which the Court sits deprives me of the possi- bility of advising and consulting with my counsel in the evening; and I must sq., it is harassing and unreasonable."

The Court consented to the adjournment; and Mr. O'Brien expressed his acknowledgments for the compliance.

Tuesday was occupied by the evidence of Lamphier and Callen, two servants of the Mining Company of Ireland at Ballingarry; and the evidence of Inspectors Trent and Cox and their men concerning the attack on Widow M'Cormack's house. Captain Thomas Trant's characteristics are thus sketched—" He is a gray- haired elderly man with a bold, determined bearing; and his evidence was given with rapidity and clearness: he was listened to with the most marked attention, both by the bar and the audience." His evidence added nothing new to what has already appeared about the marching of his forty-six men, and their taking pos- session of Widow M'Cormack's house. He described a parley with a rebel officer- " I was proceeding up-stairs, in order to see what arrangements they were making to strengthen the upper rooms, when I heard a voice from the rear call for the officer. I went to the lobby-window to the man who wanted me. He was un- armed. Be put up his hands and said to me, 'For God's sake, let there be no firing ! We want to make peace.' I replied, 'If the people do not fire, we shall not fire; bat if a shot is fired from the outside, we shall fire as long as a cartridge or a man remains.' Nothing further was said by the man outside. The voice to which I allude said, 'Tell Mr. Trent, Mr. O'Brien is here!' It was called tent by one of my own party. I came down and went to the window, where I was in- formed Mr. O'Brien had been; but he had disappeared. I went back up-stairs again; and was again called to, that Mr. O'Brien was there, and wished to see me. I replied, 'If so, let him come round to the window ': he would not do so. Im- mediately after that, I heard a crash of stones and shots from without: the win- dow was smashed. I instantly gave the order to fire, and the firing commenced. It continued about an hour from the time the first shot was fired." He thought that some two hundred shots were fired from without; and he dealt out 230 round of cartridges to replace those fired by his men. Mr. Trent was subjected to a long cross-examination, with the seeming object of showing that his colouring of the affair was exaggerated.

The several Policemen whom Mr. O'Brien addressed at the window were then examined. Thomas Moran—" Knew Smith O'Brien. Saw him in the enclosure at the Widow M'Cormack's. He was leaning with his back to the wall between the gable and the window at which the Police were stationed, After that, he came to the window, and said, 'We are all Irishmen, boys. I am Smith O'Brien, and as good a soldier as any of you.' He then demanded our arms. Witness said they would part with their lives before they gave up their arms. Ile seemed dis- appointed. He got off the window-sill; and witness heard him say, 'Slash away, boys and slaughter the whole of them.'" dr. O'Brien here exclaimed, with abrupt vehemence, "Don't you know you are swearing falsely when you swear that, Sir?" Witness (turning round)—" No, I do not, Sir." Examination continued—" How far was the prisoner from you when he sal

.a that?"

Mr. O'Brien—" Turn round, and let me see your face when you are swearing that—" The Attorney-General (to the witness, who was about to obey the reettest)-- " Do not stir; sit down in your place." [This brief incident created some sensation in the court.]

Cross-examination by Mr. Whiteside—" O'Brien came to the window and dashed in the shutter, so that he was fatly exposed, and if either party had fired at the time, he must have been shot dead. He spoke civilly to the men. When refused the arms, he said, in a loud clear voice to the people, Slash away, and slaughter them all.' At that time there was a crowd of people around him, inside the wall, armed with blunderbusses. No shots were fired by the Police at the time. Did not fire at Mr. O'Brien: if he had come before witness at the time, he would have shot him. Mr. O'Brien stood with one foot on the window-sill at the time. Wit- ness's bayonet was within six inches of O'Brien's heart. At that time, would have shot a man six inches from him, even if unarmed."

Mr. Whiteside—" Why did you not shoot him?"

Witness—" Because I could not: because I did not hear him making" use "— (Here the witness stopped, and hesitated.)

Mr. Whiteside, who had just sat down, started up and said, " Oh! you were about saying you did not hear the words Mr. O'Brien used?" Witness became embarrassed, rubbed his head, and after a pause said, "No, I was not about saying so."

To the Jury—" Fired several times; fired at a man. Saw a man in the act of pelting stones, and fired at him. Had not time to fire at Mr. O'Brien—not though my bayonet was within six inches of his breast. O'Brien said the words in a lend voice. The othor men might have heard them. Witness was nearest to the window."

Constable Arthur Robinson, and Head Constable hnonough, also swore to the use of the words "Slash away, boys, and slaughter the whole of them." The latter heard them spoken, but was entering the room at the moment, and could not tell who was the speaker.

Constable Patrick Ford, who seems to have given evidence in a plain truthful manner, swore to different words, of very similar sound if rapidly pronounced. "Flash away., boys—we will soon have them all," were the words Ford heard when Mr. 0 Brien left the window. When Mr. O'Brien first asked for the arms, there was no answer: "He put in his hand as if to grab' the carbine. We then told him we had our officer to obey, and we would not give up our arms; he must go to the officer."

Constable Carroll and Sub-Inspector Cox added nothing of interest.

The main case of the Crown was completed with the evidence of these wit- nesses; but some additional evidence was given about the portmanteau. In the former evidence it was not shown how it got from Mrs. Doheny's possession to the custody of Inspector Cox. Michael Kennedy now gave these singular particulars. He was a boy in the service of Norton the builder, from whom Mr. Cox got the portmanteau.—" Recollected taking a portmanteim from a pawnbroker's named Littleton, to his master's last August. Took it from a kiln used as a store in Littleton's garden. It was given to witness by Littleton's son. Took it originally with other furniture from Doheny's to the kiln. Gave it to Mr. Cox, strapped and locked in the same way as he had first seen it. The furniture was pat in the kiln. Some parts of the furniture were taken elsewhere."

To the Lord Chief Justice—" First saw the portmanteau at Mrs. Doheny's." Examination continued—" Saw it removed with some other furniture from her house. It was half a day in the kiln before it was removed to his master's house."

Cross-examined by Mr. Fitzgerald—" Other persons were employed in removing the furniture from Mrs. Doheny's. When the furniture was removed, the house was open to any one going in."

John Norton deposed, that he gave a portmanteau to Mr. Cox last August. "It came with furniture from Mr.Doheny's to another place; and from that place had been carried to witness's house by his boy, Michael Kennedy. Did not know whose portmanteau it was at the time. It remained in his possession about four days." Cross-examined—" Was a builder, living in Cashel. Did not know how the portmanteau came there. It lay during the time he had it in an open room to which every one had access. His boy gave it to Cox in the same state as he had received it.'

There was considerable argument on the question whether the contents of the portmanteau were still enough connected with Mr. O'Brien at a time before his arrest. It was possible that the documents had been maliciously inserted since that time. The Court decided that they could not keep the documents from the Jury.

Mr. Whiteside applied to have an the contents of the portmanteau submitted to the Jury. The Court—" We do not know what the contents were; we cannot make the order."

Mr. Whiteside—" The Under-Secretary of State pledged his word to return the contents, and broke it."

On a letter being put in, signed "P. Tyler," of Philadelphia, Mr. Whiteside repeated his objection and was overruled. O'Brien—" I think it right, in common justice to myself, to state that it is my habit to keep all unanswered letters in my pocket; and to make me answer- able for all letters I have received, which I did not think worth an answer, would be most unjust." After some farther argument, the letter was read: it promised aid and money from America, and detailed the steps taken in Philadelphia for that purpose.

A very characteristic letter from Mr. Meagher was put in; and with a few other documents closed the case for the Crown. Mr. Meagher says—" This morning I arrived in Limerick, and received your letter. Just think of it. I forgot that this was Tuesday, and started off to Rathkeale, instead of stopping where I was, (as your letter might have suggested, and I did, in fact, suggest,) and made a flaming speech to the multitude from Mr. Fitzgibbon's windows; after which, I galloped off to this fine old place [Cahirmoyle]; finding out, when I was just a mile from the gate, that it was Wednesday, not Tuesday. However, I still persisted; and here ram. Well, then, I come to tell you about the Ame- rican trip. rm off for New York, God willing, on Saturday.

O'er the glad waters of the dark blue sea.

My thoughts as boundless, and my soul as free.' What to do? To raise money—to invoke sympathy—to go and amuse myself. You will be delighted with the Cork organization. Be so good as to mention at the soiree on Monday night the object of my departure."

On Wednesday, before opening his case, Mr. Whiteside claimed judicial inter- ference on a strange incident. He referred to the bundle of balloting-papers which had been produced to corroborate Dobbin's evidence on the reduction of the Confederate Council of War to five members: when that bundle was given in evidence, it consisted of twenty-one slips; but on receiving them last night for in- spection, he found twenty-nine had been sent him. On the original slips, the name of the prisoner occurred but once, and then as erased; while the name of the Reverend Mr. Kenyon occurred eight times: in the present twenty-nine, the pesoner's name was found four times. Mr. Whiteside asserted these facts on his nollour as a barrister. The Crown lawyers denied these statements, and Were equally obstinate on their side. Chief Justice O'Doherty called atten- tion to the fact that the name of the prisoner occurred four times on the very same slips bearing the name of Father Kenyon, though no more of the latter name appeared in the twenty-nine than at first in the twenty-one! The facts remained a mystery. At length, the Lord Chief Justice adjudged that the evidence must be taken as it stood on the Jadges' notes—as if twenty-one slips only existed, and as if the name of the prisoner occurred only once and then erased.

Mr. Whiteside then addressed the Jury in the prisoner's defence, for more than seven hours; even in that time not finishing, but obtaining an adjournment till the next day.

He first appealed to the Judges and Jury to east aside the prejudice which he had already read in their minds. But he felt safe in their hands, and felt as sa- tisfied as he could be of his existence that each and all of them would rejoice if he could convince them of the innocence of his client; and he avowed, openly and publicly, that whatever might be the result, "neither this maligned gentleman nor the humble counsel who addresses you will ever breathe a word of objection to your decision." His complaints would lie in another quarter—against the laws which the Judge and Jury were instruments only to administer. Were Mr. Smith O'Brien so fortunate as to have been born an Englishman and been tried by English law, he would have known ten days before his trial the name of every juror on the panel; and have known the name of every witness that would be examined against him, with their titles, professions, and residences. But under the Irish law, a man could be placed on the table to swear away the life of a prisoner, though no human being could give the least suggestion as to who or what that man war], whence he came, or what had been his past life and character: such a man could give evidence impossible to be contradicted, yet as likely to destroy innocence as establish guilt.

Mr. Whiteside then commented at great length on the law of the ease, for the purpose of indicating that there might be limited armings and risings with ob- jects felonious, but yet not treasonable,—and even extended insurrection and levying of war, yet falling short of treason; he went into an elaborate criticism of Mr. O'Brien's acts and speeches to show that it would be ludicrous to assume that he meditated the taking the Queen's life, as it would be against common sense to imply that be levied war to make the Queen change her measures; and he bent all his force of critical skill to prove that the whole object of Mr. O'Brien, after he heard warrants were out against him, was the avoidance of arrest; for his firm belief was that Lord Clarendon wished to hold him in prison for many months before his trial.

Mr. Whiteside read the celebrated letter from Lord John Russell to Mr. Alt-. wood of Birmingham, written in 1831, to acknowledge a memorial presented by 150,000 working men whom it was in contemplation to march upon London at the time of the Reform Bill excitement. Mr. Whiteside made this appeal to the, Jury—" Now, I will put it to the brave hearts of the Jury, will they take away the life of Smith O'Brien because he expressed himself more temperately, more moderately, more discreetly, and more mildly than the men have done who placed my right honourable friend in the office which he now holds, I admit, with great credit to himself?"

Mr. Whiteside had entered but a short way on a seriatim examination of each witness's evidence, when he obtained leave to finish his speech next day.

The Clonmel correspondent of the Morning Chronicle prepares us for ulterior proceedings if a conviction he obtained by the Crown- " The points reserved with respect to the furnishing of the lists of witnesses and jurors, with the copy of the indictment ten days before trial, and in reference also to the prisoner's claim to challenge thirty-five jurors, will be brought before the Exchequer Chamber for the opinion of the twelve Judges. In case their Lordships' decision is adverse to the prisoner, those same points, will be brought before the House of Lords for the opinion of the English Judges. It may there- fore possibly happen that there will not be a final decision in the case until April or May next. The same course of proceedings will be adopted for the other parties: but it is likely, except some new points should be raised, that one ad- judication will rule all the cases. I understood that all the parties against whom bills have been found will be tried; but as that cannot be done in the interval between the conclusion of Mr. O'Brien's trial and the opening of the Dublin Commission at which Mr. Duffy is to be tried, the Special Commission will be adjourned, it is rumoured, to December next."

The Irish papers concur in stating that Doheny has at last escaped to France; and they describe the adventures he met with in his endeavours to do so. The following are vouched by the Dublin correspondent of the Globe- " At length the pursuit became so pressing and unremitting, that Doheny was driven to make his way into the town of Dungarvan, in the county of Waterford; and the Police having got a clue to his movements, quickly pursued him thither. On his arrival there, he assumed the dress of a pig-driver coloured his hair black, which was previously intensely red in its hue; and ie)ir the agency of a friend was furnished with four or five pigs. Driving these b ore him, and with a pipe in his mouth, he made his way into Waterford: speaking only Irish (with which he was familiar) when accosted, and paying deck-fare on board the steamer for himself and his interesting charges, he arrived at Bristol without interruption or difficulty. Indeed, his appearance was so altered by the change of hair and the anxieties attendant on his perilous position, that recognition would have been very difficult. The pigs were sold in Bristol; and Doheny from thence found it easy to effect his escape to France."

The Lord-Lieutenant has appointed the Reverend H. U. Tighe, Dean of the Chapel Royal, Dublin, to be his First Chaplain, in the room of the Re- verend Dr. Hinds, promoted to the Deanery of Carlisle.

Mr. Pierce Mahony is appointed one of the Taxing Masters of the Court of Chancery in Ireland. •

The failure of the potato crop gives rise to forebodings. The Relief Committee of Kilmeena and Kilmaclasser, county of Mayo, held a meeting on the 29th ultimo' when they adopted a resolution declaring to the Go- vernment and the benevolent societies, "That the state of the district is truly alarming, and will be very shortly, in all appearance, far worse than it has been at any former period during the last three years; as the potato crop may now be considered as annihilated, and all the other resources of the poor people will be shortly exhausted."