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    QcTOBER?, 1&48. THE NORTHERN »TAR. r

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    —NoT^-irwar-net. —Will-yen-^obaokr-jnto-...

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  • Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

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    Ttreen Summoned By The Crown, But » **™ ...

    WHtf Halloran , Mr J . Brennan , Mr O'Rorke , and many tthsrlfisrs . Kowdoyoaknowargrof those persons' — Bfitnfitnea : I could identify some of them , bnt there jrt qm others I ooaH tMt identify if they were to walk onto nto oourtBO * - —* Whiteside Now . sir . the name iiif vdf your club is not mentioned in this newspaper , . '¦ niofhich contains ' the names of all tha crabs whose » nrUnreientstivea were appomted at that meeting !—mtimh ? ess : I know it is not ; my'name did not ap-IlS ' tinta the night of the 2 Iit , because my club USSk * bra ?* dttb » wm * wew ttrt J wwrwd a SSSSbSr Pi * by . the Confederation , to the effect ihmfthat fiie flmft *» t «» *» wutious to uphold reKiiSiSi . whilst it disclaimed any sectarian feeling . im m make any speech at that meeting- Mr I I'Bfl'Brien said tha persons at the meeting should leave !! in ! in sections of five . The only person I recognised H eh ) chairman was Mi O'Brien . He said that the oriinianisation was inoomplete , at the same time he was

    idkilkingof what had bees said about rescuing Mr tinSinSf . He spoke of rather going to the gallows than iiatiat any roan should Jose his lifa on his account by toy ay premature step . He did not say that if he were ] i h . Mr Dufijii place he would rather forfeit his life [ nth the gallons than thit any other person should lose ill lis life on his account . M Mr Whiteside . —Did he not apply that observation co to the rescue of Mr Duffy ?—They were talking jbotbont the breaking out of the irumrrection , and there iruru a general oonversatioa as to what the clubs laouurald doff the priscners were convicted . —Did not ttfr it O'Brien according to your own account , say that new would rather forfeit his life than that any one i rouronld lose his life by him ; did he sot say that after 1 he he talk about the rescue of Duffy ?—He said it twice . ¦ -TJ-Did he after the observations as to tbe rescue f—I i laEvalieve—I think so .

    & Mr O'Brien here said—I beg your lordship ' s parllonton . I am not familiar with the proceedings of t lOffiourts of justice , but I submit that , as your lordship iiasias recorded what the witness said unfavourable to [ QBfiB , you ought also to take down the answers that i wire favourable to my case . C Chief Justice Blackburne : How do yon know that [[ ai am not doing so ? 1 Mr O'Brien : I aid not see your lordship do it . ( . Chief Justice Blackburne : Yon had better not inlerlerfere . ] In reply to an observation from Mr Whiteside , the leaearsed judge said he bad taken down eveij word I hahat was favourable to the prisoner . C Cross-exarrunatian continued . —Mr Whiteside : In hthe interval between the 15 th and 19 A , the

    prouauamation against arms was issued . The latter ameeting was held to defeat the ends ofthe nroclanmataom—Was that what waa stated in the re iqrdiition f—I look to the effect and not to the words ) f ) fthe requisition . —Was not that meeting called by i a separate requisition?—I tell you I didn't see it . [ tit waa another person who told me the meeting was ramisg on , and that I should go there . —Who told yon thtbat ?—A person ; I am not going to tell yon . —Yon DDUst—I won't . —I tell you , sir , yon shall tell me . —I swon'ttelljoii . —Mr Whitesido { enejgetica ! ly ) : Itell reran I must hare it out of yon . —Tbe witness ( in a Marsh yet tremulous tone ) : You wont bave it out ofaf me—Mr Whiteside ( with increased energy ) : I Mesaaai that yoa .. s 5 all answer me . —Witness : Do yijcn think I'll give up a man to be assassinated by tithe clubs of Dublin tor your pleasure?—Upon your

    pjpath do you be here it would be my pleasure that a Btoan should be assissinated ?—Witness : Iput myself sunder the protection of the court . —Mr Wbi'edde : Wary well ; do so , and we shall see what the result of t'that will be . Now tell me tbe same ofthe person who sent you to that meeting—I told yoa belore that 1 ddon't mean to give his name . There are certain names II am not going to give , and the reason I would not jgrvetkem to yoa is , that they would be held up for j assassination by the dubs of Dublin . Upon my oath 1 they would . I know they would , because I have been 1 listening to them plotting and concocting asaassinaitions . —Mr Whiteside : See . Mr Dobbyo , yon shall i hot escape nnder that flourish . —Witness : Very well , jjpnt myself nnder the protection of the court . Mr Whiteiide , —I insist , my lords , on his answeriingmy questien .

    After some discussion as to whether the commainication was to be considered a privileged one , Chief , Justice Blackburne delivered judgment We have considered the question , and the result is , that we don't feel ourselves called upon to compel the witness to answer the question . —Did yen meet your friend again that day ? I saw him at night . I have sees him very often since . Chief Justice Blackburne . —Was he the medium of your communications with government ?—Witness : I think so , my lord .

    Mr Whiteside . —I voted that sight for passive resiiiance . Mr O'Brien did not vote . —What kind of arms did you see with the Curran Club , and when ? —I saw arms with tbem at the time of Mr Mitchel ' s trial going in and out of the club room in Cape ! - street I saw theminvading through the street , and inarching rank and file , carrying arms openly , about ten o ' clock at night , in Capel-street . I saw them coamg and going into their club room , No , 93 , at different times , with muskets sometimes , and with pikes at others . —YorrtoH' me there was a bandy man of voirr acquaintance that made these things cheap t—Yes ; he asked me if I Wenld get one , and that the co » t ofthe material would be 13 t 6 i . That man is alive . I believe hia house was searched by

    the police —Mr Whiteside : And they found nothing there ?—Witness : That showed that the police did not attenito- the thing ia time . —Were . you ever in the north?—I was . —Did yoa see the Orangemen with their arms t—1 dtd . —Mr Whiteside : I hope you haya a proper respectfor them . —Mr Whiteside : Yon stated that at the meeting , which I will call . the proclamation meeting , there was some conversation and yoa . cave five different accounts of it . You said first that it was stated the meeting was to to held fer 'important purposes , ? that it was a meeting to review the dubs , that it was to arrange the dubs , that it was to appoint a sub-committee , and lastly that it was for the purpose of electing an executive council : which of these accounts is the true one?—Witness : They are all true : I understand that the woro ^ ' important boimeEs ' icclude them all . Mr O'Brien waa not a representative of a dub . He

    ireviewed the crabs / ThacouneUoftiie Corrfederation had ceased to exist inform at this time ; but ineffect it was in existence in the Irish League , which was then in existence and holding its meetings . All the members present were disposed to elect . Mr Smith O'Brien , bat Mr Dillon objected , and said that Mr O'Brien wished not to be dectod oa the council , aa he would be better able to organise the country if he were not . ' The Rev . Mr Kenyon was not elected a member of the council . Mr Gavan : Duffy wrote a letter from the prison , requesting that Fathers O'Malley , Kesjon , and Hughes , together with some others , should be elected members of the council : the persons present unanimously refused to elect a priest , as it was to he a council ef war . Iswearthat uponmyoath . , Several of the voting papers were here handed to the witness , and npon an examination of them it was ascertained that seven votes had been given for the

    Rev . Mr Kenyon . . . Mr Whiteside . —Now , sir , do yon persevere in the statement that it was unanimously resolved in tbe first instance not to vote for a priest '—Witness : It was said without any decision being come to that no priest should be elected , because the council waa for war . —The Rev . Mr CMalley ' s name is on those voting papers ?—But he was not elected . Mr CBrien ' aname appears once on the voting papers , but it was crossed out . I was neither president nor secretary , hut I was a member of the Red Hand Club : there was no president . —Mr Whiteside : Tell me any living man who was a member of that dub ? —Witness : The secretary was named CCallaghan , bat he has gone to America . I don't think it pruthe other

    dent to give yon the names of any of persons . —Mr Whiteside : So wearenotto getthenames of onr brother conspirators . ( Laughter . How , sir , what ia your profession ?—Witness : lam a Protestant—( Laughter . )—Mr Whiteside : You know , or , 1 did not mean your religion ; I meant what is your trade ?—Witness : lam a derk . —Mr Whiteside : Who sent yon to the dubs in tbe respectable position of an informer ? -Witness : The gentleman I mentioned before ; . - _ it was in January I first became connected with thedubs .-Mr Whiteside : Did you get any cash ?—Witness : On my oath from the time I beearnaeenneeted with the clubs , up to the present , I never got anygratuity or money . Iexpeat nothing bnt the protection of a subject . —Mr Whiteside : Then yon are a gratuitous informer . Now , sir , did admittance into the dubs

    yoa not obtain by telling fidsehoois , representing yourself as a sincere reoealer and then entering into a counter-plot , as you hive MpresseditP-Wirnesa :, I entered intoacounter-plot . « tf Booceeded in defeating their object .-Mr Whit & ide : Oh . ray good fellow , you have not hanged your men yet-Witness : I did not speak of baneine I never made any informations , and did not know that I would be called upon aa a witness ritila few days before I received the subpeena . I kent notes and memoranda , and gave copies to the S-Mr Whiteside : And after thisis over don't you expect to make a little excursion somewhere ?_ Witness I do not know ; lam acquainted with Mr HrfninT but 1 don't know where he is at present . The Urttimel saw him was at the meeting on the 21 st , after which they all fled .

    Francis Danlevy , J . Bowling , Robert Mahony . Cm *« iD constables , were examined as to a speech ef ife O'Brien , at Euniscertby , on the 22 nd of July . Mr Blake , county inspector , Kilkenny , proved that JlE 0 'Brien % ss & tiwrag h Kilkenny en the way to ( Julian on the 24 th . . , „ ,, . . Edward Stephens , aboyabont fifteen or sixteen # ««^ of ace examined by Mr Lynch . —I live in Kil-£ ( The ^ ness identified Mr O'Brien after « Befaeritetion . ) I saw Mr O'Brien m Kilkenny fnthed ^ U » thVtop of the tower of the cathedral . Patrick Corkran . police constable .- ! was stetionedat Ca ^ KtnemofJuIy ast . ApestwSfniS in the Main street , on theevening of toemeeirn

    aStTay - Ieaw Mr O'Brien address g fan the hoase of Mr John Pnrcell . He rooks fiom tiuTfaaleony outside the window . I think there were three or four thousand persons present . Oa appear

    Ttreen Summoned By The Crown, But » **™ ...

    ing on the bileoriy 7 Mr O'Brieni said he ^ Winmr prised and delighted to see the large assembly , that appeared before him ; particularly aa he had arrived unexpectedly . Ha said ha admired their enthusiasm ; bat the best way heeeold test tha fdelinesof their hearte waa r ^ calling tharn * at one * to the field . He said ha waa about to be made a victim to English misrule and English-domination ; but there was a time gone by when , if any of his blood or ancestors were about to be seised on , no matter by whom , there were strong arms and stout hearts who would not allow it . He uked them would they allow it ? The answer from the crowd was / * No ; never / He said he knew they also had strongnerves and stout arms ; that he wanted neither place nor emolument ; that

    he had sacrificed near and dear family ties , and that he was then determined with them to sacrifice life , bnt that was not the time for speeohing . Mr O'Brien then retired . Mr Meagher then addressed the crowd . He said when hurt he appeared among tbem he waa on business connected with his country , but now he was on government business , for the government had advanced a step lately . He then alluded to the arrest and - traasportation of Mr Mitchel . HeBaidhewaaQuaofthe moat gifted citisans of this island , and he talked of fire others who were equally gifted that were ' arrested ; he complained of the government for having transported Mr Mitchel ; he said it was by means of packed juries , and I can't say whether it was bloody or perjured judges ; He said that every step the government advanced he would advance one to meet them : that the scenes bf

    * 93 were talked of , but they could only punish them with death , and be waa ready to meet it in defence of his unhappy country . He compared Ireland to a French fire-ship , whioh had sunk only for a moment to rise again into a glorious republic ; He hurraed them for a republic . He saidvha time was come when they should strike the blow ; it was decreed not here ( Mr Meagher then pointed to the heavens , and said)—not here , but above . He told them he was ready , bnt they should not do anything hurriedly or in a oonfbsed manner . He said he would give them a few hours to deliberate and again told them he was ready ; after these speeches the people went away . I saw several persona at tha window ofthe house , bnt I don ' t know them . I know John O'Mahony ; and I saw him at Pureell ' shause at the time ; the crowd appeared terribly exmted .

    Mr Whiteside—When was that paper from which you refreshed your memory written?—Witness : This paper was written since I eame toClonmel . — Mr Whiteside : Did yen not give me to understand that those were the original notes which yon took of those speeches . '—Witness : I said it was a true copy ofthe original Mr Whiteside commented strongly on the conduct of the witness in representing the copy of the : notes which he had taken as originals . Croia-examhation resumed : I am not in the habit of reporting ; Mr Gore Jones was present at the meeting I have referred to . I stood amongst the crowd , and had no pencils or paper in my hand . I read over tbe information against Mr O'Brien this morning . The informations are the originals , as I was obliged to furnish them in a hurry to Mr Janes . I afterwards took notes from the informations .

    Mr Whiteside—My lords , the speech of Mr O'Brien is given verbatim from the informations , and it is quite dear that this witness committed it to memory this morning . ( To the witness ) : Did yon read over the informations containing Mr Meagher's speech ?—Witness : Certainly not , asl did not expect I would be called on to state anything about that . ( Laughter . ) Mr Whiteside here read the original information made fry the witness , which did not contain any reference to the French fire-ship , the bloody judges , the repnbhV . ortho 'hurrah for the republic . '

    On reexamination by Mr Scott tbe witness stated that he mentioned to Mr Jones , before whom the information was sworn , something about the fire-ship and the republic , but the information was made in such haste that he omitted portions of the speech . It he had time to recollect he could have added many other matters to tha . speech . —Mr Whiteside : You eenld improve upon it no doubt John Hamilton , a police-constable , was examined to prove the delivery ef the speech sworn toby the previous witness . His testimony was corroborative in all essential particulars . On cross examination he admitted that he had learned Mr O'Brien ' s speech off by heart . ' The court was then adjourned at half-past six o ' clock until Monday morning at nine . The court was more thinly attended on Monday morning . The following witnesses were examined for the prosecution .

    Charles Vernon believed the letter handed to him ( that written to Mr O'Brien ) to be in Mr Doff / a handwriting . T . O'Sullivan—Lived in Mullinahone , Identified the prisoner . Saw him there on Tuesday , the 25 th July , between twelve and one o ' clock . He had been in the town atthe time . Another gentleman was with him . whose name he heard was Dillon . Heard him speak to a member of a club , the number of which consisted of about 150 .: He remained about two hours in the street ; the numbers increased ; saw him go from one street into another ; met and introduced himself to the Rev . Mr Cabiilas Mr O'Brien . MrCahill remarked that his . proceedings were very wrong , and he was totally anainst them . Mr O'Brien

    afterwards stood upon a wall and addressed a number of persons . He said : that now was the time for the people of Ireland to arise and seek their rights ; thai the government was very sear a change ; that there was a warrant against himself , and he hoped that the people wenld not lethim be arrested . They said they would not- He also said that Irishmen could hold their own situations in place of Englishmen .:: Could . not recollect anything more that he said ; he spoke a great deal . Mr Dillon also spokemostly upon the samesubject . Could not well recollect what he said . In about an hour and a half saw him march through the town . About 200 persons walked with him , two deep . They returned to Wright ' swhere Mr O'Brien remained till after

    , dusk . Hundreas of persons were about the'house ; the numbers increased . Mr O'Brien told themto get their aims in order , that he might see the strength of them . - Mr O'Brien had a pistol in his left breast pocket . Others of the people had all sorts of weapons ; between 200 arid 300 guns , pikes , old swords , pitchforks , and so on . The persons who had arms marched . There were many who had not arms . Did not see arms with the people till after dusk . About three hundred were marching , and the main body was between five and six thousand . There was in tbe latter end a separation of the armed from the unarmed men . Mr O'Brien desired that none should fall into rank but those who had arms . Saw some of those who were unarmed eo off . The armed party continued

    in the street the most part of the night . Saw them go up and down the street . There were armedpeople going about Wright ' s house . Heard Mr O'Brien give them directions to remain the most of the night to guard him , as he might be arrested . Saw him next morning coming down from Wright' s to Fethardstreet . Saw him also go into the police barracks There were two persons with him . Understood they were hiabody guard . Heard thatonewas O'Donohue , the other a person Earned Stevens . They were armed . O'Donohue had a sin gle gun ; Stevens had > doublebsirelled gun . Mr O'Brien went to Wright's . Saw a ereat number of rpersons going up there . Mr O'Brien stood upon the wall outside the house , and addressed the crowd as before . About 200 persons

    were there . Could not hear what he said to them . Mr O'Brien left the house about eleven or twelve o ' silock . Saw the people leave the town with pikes ; they went towards Ballingarry , between five and six miles off . Saw Mr O'Brien on the following day . w Mullinahone , coming from the direction of Ballingarry , and leading abody of armed men , a pike in bis hand , and a cap on . He was in front of them , on foot .. The bidy consisted of abut two hundred and fifty ; the advanced guard consisted of about twenty or thirty . They also were armed ; a person was leading the advanced guard ; he was on horseback , armed with a dagger anda pistol ; be had a belt round his waist and a small swerd or dagger in it ; did not ascertain his name ; he had the appearance of a

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

    thirty persona withhim . Knew whereCappage was . The people who left him were armed . Knew Ninemile House . It was in that direction . Cappagewas between Mullinahone and that house : Mr O'Brien was armed with a pike . They marched three deep out of the town with Mr O'Brien at their head . They came in four deep . Mr O'Brien had left the town when the persons fired the shots . Mr Dillon and i he man on horseback , and Mr Stevens went with him . Did not see Mr O'Brien after that Thursday . The first evening and on the Thursday toey rang the church and chapd bells : Fires were lighted round the street snd the country ; They were lighted oa Slievesamoa and the surrounding hills . Noticed about ten or twenty fires .

    Cross-examined by Mr Whiteside . —I did not count fires . Did not swear before the magistrates that I saw twenty fires . The bread was bought at Conway ' s . No one was shot in the town . 1 did not join the party . Mr O'Brien was entertained by Wright , and his son showed him into the house . 5 , 000 men were there after nightfall—Mr Whiteside : You are able to see best at night , likethecata ? No . —Yen have used the words ' main body , '' advanced guard . ' and other military terms—were you ever in the army ? I was in the p lice . —Were you not dismissed ? No- — Were yon charged with taking a document out of a despatch-box , or putting papers into it ? -No ; I resigned . —Were yoa not guilty of some impropriety ?

    Qctober?, 1&48. The Northern »Tar. R

    QcTOBER ? , 1 & 48 . THE NORTHERN » TAR . r

    —Not^-Irwar-Net. —Will-Yen-^Obaokr-Jnto-...

    —NoT ^ -irwar-net . —Will-yen- ^ obaokr-jnto-the police after this trial ? -No . Since I left the police fores . I have been a baker . I resigned the situation in tha . police of my own accord- I was married , but was sever married to two women at the same time . David Williams , a head constable , deposed to a speech of Mr O'Brien ' s at Mullinahone , and also to the following occurrence : —I remember the morning of Wednesday , the 26 th of July ; I saw Mr O'Brien at eight o ' clock on that morning from the barrack ; he had a stick with a spear on the top in his left hand , and a pistol in his right hand ; there were three other pistols in the breast of his coat ; there were two persons with him ; one was a young man about twenty-three years of age ,. who carried a doublebarrelled gun and a dirk ; the other had a

    singlebarrelled gun , and his name is O'Donohue . at O'Brien asked the police for their arms , and Isaid that we would only give cheat ap with our Uvea . He then asked me whether ! had not witnesied the display that took place on the preceding night , and tola me that another barrack where there were £ 00 police was to be attacked on that day . He then once more advised us to give ut > our arms and go to Callan , remarking that if we did so he would place us under pay . He then asked me what I was determined to do , and I said that I would not surrender my arms . He then said he wonld give me one hour to consider , that at the end of that time be would return with 500 men , and that resistance on our part would then be useless , Abeut half an hour after that conversation took place . I and my party left Mullinahone for < Cashel .

    Cross-examined by' Mr Fitzgerald . — Mr O'Brien did not stay in the barrack for more than two minutes . I made my informations on the , 6 th ofthe present month . Michael Tibin , a peasant , and evidently a reluctant witness , was in the employment of Mr Kickam , at Mullinahone . in July last . Did not remember the day of the fight on the Common . Had heard of it . Remembered bringing a car to his master's honse . Two gentlemen got upon it . Witness drove them four miles on the road to . Carrick-on-Suir . Below the nine mile house they met a man on horseback . The car stepped , the two gentlemen got off and talked to the man ; but not very long . They then got up again , and they all went into Mullinahone to his

    master's house . It was about ten o ' clock . . He drove in tbe direction of Ballingarry , and tosk the two men along with him . It was about ten o ' clock when they set out It is about six miles from Ballingarry to Mullinahone . Met some people on the road , but did not know who they were—could not say hew many they were—they were going towards BaUingarry . They were armed with pikes and sticks , but did not see guns or any other arms . When he got to Ballingarry , he stopped at the Cross . The gentlemen got off the car , and he saw them go into ; a crowd of persons assembled hear the chapel . The distance between the cross and chapel was about 100 yards ; They went up to the crowd , and he saw other gentlemen in the crowd at the same time . "

    Mr Sausse , in continuation—Dc you know . Mr O'Brien ? -No , I do nol . Torn round to the . dock and point out if you see him ; The witness turned accordingly , and directed a long and stesdy gase towards the gallery at the rear of thedbek : . Mr Sausse . —Don't look to' the back of the courtlook to the dock , and tell me if yon ever saw or knew the gentleman in it before . The witness . With some hesitation , bwered his eyes to tbe dock , and after a pause replied , —No , Sir . To the best of my knowledge I never saw any of the men there before . Mr Sausse . —What men ? Witness . —The man there , Sir—I never saw him , to the best of my knowledge . Mr Sausse . — Whom do yon say you never saw before ?

    Mr Whiteside objected to the question . The witness was called by tbe crown , and they could not press him with the question . The . Court ruled that the question should not be put . ' . Examination continued . — Did not know the man whom he drove in the car . He heard that the men ' s names were Cantwell and Dasaghue . Remembered , when driving towards Cartick , that he met Biahcoal's car . Mr Despard , the magistrate , ' was there . Something was said as ., they drove past the car .

    Mr Whiteside objected . His learned friend could not ask any questions as to what was said by people on a parsing car in evidence against his client . The Lord Chief Justice directed Mr Sausse not to put the question—it could not be admitted . Examination continued—Some one shouted on the car as it passed . The witness ; was not cross-examined . William Egan ( aa . elderly man , with the appearance of a small farmer ) sworn and examined by Mr Lynch—Where were yoa employed last July ?—I was employed ia Ballinearry " , as steward of the outdoor relief works , —Do you know Mr O'Brien ?—I believe I do „ Sir . —Turn round , and tell me if you see him 7 Look atthadook . —The witness turned slowly round , and , after a long pause , said , in a faltering voice and with great hesitation . ' I see the man , Sir , that was

    said to be Mr OIBrien . The examination , the replies to which were elicited very slowly from the witness , was then continued—He had seen the gentleman in the dock last July , in Ballingarry , but bad not noticed , him entering the place . He was in tho main street , and was accompanied by several persons to whom he waa speaking .. The people were coming from the . Cross , and going towards the chapel-yard . Saw Mr O'Briea with " , them . They ' were coming from the direction of Mnllinahone . Could not say if Mr O'Brien was ' armed or not ; there was an appearance ai if he had a large pistol in his breast , bat he could not swear , to it . Mr O'Brien addressed tbe people at the chapel gate on . the wall . . Heard some of what he said ; he wanted to know if the people would stand by him if the police were going to arrest him . Did , not hear him say anything else whioh he oohld be sure of . ;

    Mr Whiteside objected' to counsel pressing the wit . ness , after such a statement , as to what was said by Mr O'Brien . The Lord Chief Justice ruled that the question shonld not be pressed .. , - Examination continued—Mr Dillon also addressed the people , but he could not in justice pretend to say he remembered what the gentleman said ; When the speeches were over Mr O'Brien went into the chapelyard , He said he wanted so many of the people ai a guard . Did not see any of the people come out in consequence ; or act as a guard . Did not see any of them armed on that occasion . . John Caranaeh , examined by the Attorney General . —Lived at Ballingary . . Kept a linen and woollen shop . Remembered seme gentlemen coming to his houseon Wednesday , 28 ' . h July , about five or six o ' clock in the evening . There were six or seven of them . Had known none of them previously : did net know any of them now . '

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

    usual manner ; _ The Attorney General—The question is qaite regular . ( To the witness ) . I ask yoa again , Did you ever see either of the two gentlemen in the dock before ? Look at the front of the dock : Did you ever see them , or eitherof them , before ? Nottothe best of my knowledge . The Attorney General—Do you swear that on yeuroath , air ? . _ , L .. , , Mr Whiteside—Really , my lord , I must object to this conduct on the part ot the Attorney General . Hefiratasks the witness if he knows my client ? When he tells him he does not to the best ot his belief , he asks him again and again if he will swear it on his oath . - ..

    __ ... „ ,. The Lord Chief Justice—Mr Attorney , I think you have gone as far as you can . The examination was resumed—There were six or seven gentlemen . One or two came first , and the rest followed after : The first came about five or six o ' clock , bat he had neither a clock nor a watch : The first wasnot there more . than two or three minutes before the next . The others he thought came in together . They remained for the night in his house . They eat and drank there , but he was not in the room at the time . They were in a room upstairs .

    He went up once in the evening to see what they were about . One or two were on the bed , the others were standing about . A dinner Was prepared' for them by his wife and maid-servant : it was not prepared before they came . They had some pork and beefsteaks / Did not know who ordered it . It was broad daylight when they came in . They did not atop in the shop , they went in and took possession . TheAttorney / General—Did they go into your house without asking your permission ? I believe one of them said , ' . 1 will be your guest for the night . ' »_ . - those five six

    Mr Whiteside objected to what or men said on the occasion being evidence against the prisoner , unless he was proved to be connected with tnOIR * . m * The Attorney General would produce evidence to show who those five or six men were . ( To the _ witness ) . Did you know the gentleman who said be wopld be your guest for the night ? No . —Would you know him again ? I think not , as I was in a great agitation at the time . Saw no arms at the time when they came in , but saw some in the evening in a man ' s hand , it was a gun ; one went out at one time and another at another time . They went through the shop ; rVitness wasin the shop at the tune , bnt

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    he should not know ^ hem again .. ~ H & . atood .,, behind his counter . At onelimehe Iookedbuf of KiYshop and saw agreatmany people more than usual in the town , oat he could not see whether they were armed . He was not near enough . It was about an hour before the gentlemen ' came to his house that he saw the people . He remained in bisshop all that nigh * . He shut up his shop thit nfcht himself . -The shutters were put up outside ; When he was putting up his shutters he saw no people in the town . Did not see what the gentlemen were doing whilst in his house . There were only two bedrooms in the house . They were in hia own ( witness's ) bedroom that night . He himself remained up all night . The other was the servant ' s room . The next morning he saw those gentlemen leaving . Some went out as early aa five or six o ' clock . They went through the shop . Some

    of them breakfasted there next miming , but he did not take up the breakfast , nor did he prepare it- He did hot see any of them return . They might have returned without his seeing them , as he was busy about bis own business " . Some of the gentlemen left about eleven o'clock . Remembered a party of gentlemen subsequently coming to his house . He thought it waa on Friday evening . Recollected hearing of the row on the Common . It was that Friday evening before tbe row he was speaking of . Could not aay whether the gentlemen who came on that occasion were the same as before . He did not know tbem . They came about four o ' clock into his shop ; They did not go apstairs . Those who were there on Wednesday evening did not leave anything . He did not remark when thoy left on the Thursday morning the gus he said he saw in the hands of one them in the eves ng ; The Attorney General—Were you paid for thatac oommodation ?

    Mr Whiteside objected to the question . No fact was evidence in this case whioh wasjiot relevant to the issue . This was the rule in civil cases , and , as Judge Foster said , pressed with tenfold force in a criminal ca « . The Lord Chief Justice ( to the jury ) . —Nothing is evidencs against the prisoner unless it is proved that he was connected with it . The examination was then resumed . —When they left they bought some stockings of my wife , and threw a sovereign on the counter ;

    The Attorney General—Were any of the gentlemen who '/ came to you on Friday evening the same as these who were at your house on Friday ? I think not . —Are you positive certain of it ? I am not , for I was greatly agitated that they should come to my honse a second time—A juryman : Why-were you agitated the first time ? That tbey should come into mv house at all—You did not know them ? Did yon think they were going to do any harm ? I did not like that tbey should come into my place . —Did you ask them to go out ? No . —Why not I < . Because I was afraid . —Why ? Truro was a mob soutsido . — Did you understand the occasion of there being a mob outside ?—I heard the people say the war was kindline . Mr Whiteside declined cross-examining the wit-¦

    ness . m ' . :. T A juryman—We wish to know whether tbe mob outside had done anything to make you agitated or apprehensive for your safety ? No—With respect to the first time , when they left they gave your wife a sovereign—then why were you agitated on the second occasion ? I wished them not to come into my place at all . I told tbem so , and they said it was no difference . Mary Egan , examined by the Solicitor General-Lived with Mr Cavanagb , of Ballingarry , as servant , in July .. Remembered some gentlemen coming . to her masterVjhouse on the evening of Wednesday , the 26 th of July last ; it was not very long before dark . Was not at home when they first came in . First saw them in their bedroom . They cot some dinner there .

    Witness took up the dinner , but they were not in the room at the time ; they might have come , but she did not sea them . They . had the dinner in the . parlour ; that was upstairs . There were three rooms upstairs ; two were bedrooms , one was Mr and Mrs Cavanagh's , the other was for anyone that came there . They let lodgings . Witness cooked the dinner ; but , faith , she could hot say how many dined there . She laid plates for eight . It was by daylight they dined . Did not see whether there was a person for each plate .. Merely left . the dinner on the table . Cleared the room after dinner . They were in the roam , but witness did not see them go out after dinner . They slept in the room that was let . Her master and mistress slept in their own room on that night , but she did not see them .

    Was up in the morning bafore they left . She herself slept in the kitchen . They had their breakfast in the morning in the same room where they dined , upstairs , but could not say how many breakfasted ; Did not count the cups and saucers . Did not go into the room whilst they were at breakfast , but took away the thing ' s after they had done . They were not in the room at the time . Did not know any of the gentlemen . Did not see any of them come back on the Friday night . The witness was directed to look round and say whether she had Been Mr O'Brien before . She looked at the dock and replied , 'I never did to my knowledge . ' The Solicitor General—Did you see any arms with any of the eight gentlemen ? I did not . Jamea Norton , a farmer at Ballingary . deposed to

    circumstances connected with tbe outbreak at that place , but did not identify Mr O'Brien . George Sparrow , a youth about seventeen , gave strong evidence against Mr O'Brien , Mr Dillon , and Mr Meagher . He swore that these gentlemen headed three armed bodies , drilled them , and in other respects acted as tbe commanders of an armed force . Cross-examined by Mr Whiteside : I lived at the Cross with my father-in-law . I have no business . My father-in-law is in tho police—Do you expect anything for yenr evidence ? I can't say . —Do you expect anything ? I have not got it yet , —Do . you expect it ? I can't say . ( . 4 hiss in the gallery . )—If

    a piece of good luck await you you won't refuse it ? Perhaps you will be aeit to a mere flourishing country than Ireland ? . 1 can ' t say . —Well , that is all I can expect from you , John O'Dannell , a respectable loooking farmer , was then called forward , and made . his appearance on the table . When the book was tendered to him he exclaimed with energy , 'No , I wont 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 house again with the badge ef an informer on my

    breast . The Attorney General . —You will not he 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 . ] Thomas Burke identified Mr O'Brien , and deposed to se eing him at Ballingarry armed , and taking a leading part in directing tho people who were also armed . Cross-examined by Mr Fitzgerald .-1 went myself

    with the people on the Wednesday , but not on the Thursday . I am a summons server at the petty sessions . I have been kept in the custody of the police since these events . I made two informations . I was brought to Dublin and kept there till lately . Nobody told me that I would be prosecuted . I was taken prisoner at Ballingarry . I got nothing for coming here , and expect nothing . I was in custody , when I made my informations , I said nothing in either ef my informations abeut the proposal to burn the house . Although there is nothing in them about a man being shot , I swear that I told the oiicumstance to Mr Goin ? . I did not mention anything about the drilling until I came here . J . Walshe was examined by the Attorney General ,

    and excited considerable amusement by the inge nuity with whioh he endeavoured to parry the learned gentleman ' s questions . He was a most unwilling witness throughout the day . He lived at Killenaule , and was , among other things , a hotel-keeper . Recollected that towards the close of July some gentle men came to his house late at night , and saw some of them on the following day . Had never seen any of them before . Recollected a gentleman stepping at his house four or five days before that . Did not know if that gentleman was one of those who came late on the night in question . —The witness , on being asked to look at the dockandsay if he knew the gentleman there , said , •! don't know who he is . ' The Attorney General . —Whioh of the gentlemen are you looking at ?—The one next me . I know the gaoler very well . ( A laugh . ) Did you ever see the other gentleman before *—I don't know whether I

    did or not . Was net near-sighted , Saw some strange gentlemen about his house in the morning . That was the morning of the barricades . The bill was paid—13 s . 6 d . ; but he did not know the person who paid it . Did not recollect that another party , came to his house after the other had left , Remarked that one of the strangers ' wore a straw or chip hat . A driver of his , named Cashel , took one ofthe gentlemen from Killenaule , but witness could not say whioh way he drove them . When he heard of the barricades aud of the army coming , he shut up his shop and went away . Saw a carbine in his house , but could not say who brought it there , or to whom it belonged . Saw an armed man with a small gun in his hand outside his house that night . Believed his name was Arch ? r . There was another man outside with arms also . That was before he heard ofthe barricades . Had seen Djheny about two years ago , but not since .

    A peasant , about twenty-three years of age , named Richard Keo , was then called as a witness , and came forward to the table , but refused to be sworn . The Lord Chief Justice told him thatsuch coaduct was a contempt of court , and if persisted in he must be committed . The man , however , still refused to take tbe oath , and was accordingly committed . William Parsons , a private of the 8 sh Hussars , examined by Mr Sbott—Was marching on the 23 th of July with a troop of forty-five soldiers , under Captain Longmore , from Fetbardte Killenaule . Wasin

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    Im fn £ ? V nter , D 8 l £ » aRe of Killenaule . It SSlfT' 0 arls ' & c- There were about SLTl' ^ L Th ere waB a sej ( md barricade about nrs ? bar » fi 5 ft " * ° f' 0 n arri ™« ^ told hZAn »\ ° » tt ? forward with a rifle and Samson He hlSf ' ? -. 1 - WOUld blowhi 9 rXZ .. i ? ? AaJte . "P ' Ms ¦ eaptafo 0 ame Up . rhe people about the barricade said ' they would bill sidso tLn fe- The man with the rifle saia so . Has seen that man s nee H « « ««« in x ' lfci ? ° amed ori » r % 2 ri as fSffnta ^ " ° v - U was b 3 tween nine an ! cade aTSJ ^ « e cam e up to the first barricade . At the end often minutes it wag removed Bm informat ion was produced and Kad . nTsS sofdiers " ' ° r Jci ,, ' the b * Mr Whiteside commented rather severely on this omission . ' '

    The Lord Chief Justice said , that such observations ought not to be made . Another private of the 8 th Hu ^ ars , examined by Mr bausse , gave similar evidence to the last witness CaDtain Longmore , ofthe 8 th Hussars , examined by Mr Lynch , proved meeting with the barricades . He rwtenp and told the person he sa * that unless the barricades were immediately removed , he should feel it hia duty to fire . A man , rather tall and sallow , respectably dressed , but without arms , came forward from the barricades , audeaid hftwJueratood the trosp was merely passing through tho towH . but

    that the people were determined to resist the arrest of Smith O'Brien , who was then in the town . He asked witness if he had a warrant ' to arrest him ? To whioh witness replied , ' No . ' Nothing further was said , and the , barricades were ordered to be removed—that wag ¦ by that person ' s direction . They were removed , and the troops passed through W . Cashel , examined : Knew Mr Walsh , the ' hotelkeeper at Killenaule . Was in his employment as driver . Recollected the Friday upon whioh the barricades wore erected . Drove gentlemen on a car from his master ' s house ; three gentlemen wore on the ear . Did not see any pistols . —About what time did you leave your master ' s house exactly . ?—I don't know . ( A laugh . ) -Where did you take those threo « entlemen ?—Witness : I went up to the commons with them . The gentlemen get off the car beyond the Went from

    pound . the bottom of the hill to Ballinastick cross . The gentlemen went up to Knockadill . Tierney ' s house was a few perches from the cross . The cars came the Ballyphilip road . The three oars went upon the commons of Ballingarry . They stopped on the road opposite the widow Glaoken ' s . Could not tell where tbe gentle men were the nigbt before . The gentlemen were , of course , in . hie master ' s honae that morning . Would not know any of the gentlemen . Could n"t identify the prisoner . Heard it was . Mr Smith O'Brien . Did not know whether he was there or not . Attorney General—That is not Mr Smith O'Brien at all , I suppose ? , ( pointing to the dock . ) . MrWhiteside—I object to such an obiervation ia a capital case . It will be read with astonishment that such a remark has been made .

    Witness—I went home on Saturday evening . I heard shots fired before I left the village , in the direction of the Widow M'Cormiok ' s house . When I left the gentlemen on the road near the Nine r milehouse I never looked back to see where they went . It is a distance of about a mile and a half from the Widow M'Cormiok ' s to Ballingarry . —Cross examined by Mr Fitzgerald—The widow M'Cormiok ' s house is about three miles from the commons . William Pehlobk and J . Pemberton , employed at the collieries , near the Common , deposed to circumstances connected with the affair at widow Cormick's . The Crown Solicitor then called the next witness , Jobn'Lamphier , who came upon the table .

    Mr , Smith O'Brien , addressing the Court , said—After nine hours' sitting , I think it is a great injustice to my counsel and to my case to sit any longer to night . It deprives us of the opportunity of consulting in the evening , and it is most harassing to my counsel , who cannot , under such circumstances , do justice to themselves or to me . It is past six o'clock now . The Attorney General—The examination of this witness will take some time . Chief Justice Blaokburne—Let the Court be adjourned to nine o'clock in the morning . Mr O'Brien—I beg publicly to offer my thanks for this concession .

    On resuming , at lulf-past nine o'clock on Tuesday morning ; evidence was given as to the affair on Boulagh Common—at Widow M Cormick ' g . John Lamphier examined by the Attorney General . —Witness lives at tbe Commens of Bonlagh , and ia a pay clerk in the employment of the Mining Company of Ireland . In the early part of Friday evening , the 28 th of July , witness waa on the concerns of the company , when he saw three jaunting cars pass by . They stopped at a public-house kept by Thomas Sullivan . There were from eight to ten persons on the can . The prisoner waa on one of the oars . After the oars stopped , Mr O'Brien walked out in the road , and addressed the people who were assembled , to the amount of 200 or 300 . He told

    them that there was a warrant out against him , offering £ 600 for his arrest ; that if they would protect him and arm , Ireland would be free in a fortnight . Some of the people said they had no arms , and Mr Smith O'Brien said stones were very good weapons to those who had so arms . Next day , between nine and ten , . on the Saturday morning , witness again saw Mr O'Brien . He was then on the road . There was a great many people with him . Most of them were aimed . There might be about one hundred altogether . About twelve o ' clock Mr O'Brien walked into tbe yard of the mining concern , He asked who was in charge ofthe - concern . Witness said that he was . He said he came for gome carts and boxes . There was then a cart inside

    the gate . There was a . small boy walking after him atthe time . He said he wanted the carts and boxes to . . throw up a barricade across the road . Witness said he would not give them . Mr O'Brien said he would take them by force , and ordered a man who was standing by : to wheel away the cart , but the man refused . Mr O'Brien then commenced to wheel tho cart himself , but he only removed it a few , yards . At this time about 500 people had collected within fifty yards of the gate of the concern . They were shouting . Mr O'Brien then left the yard , and went , to the crowd outside , ' after which a number of people that were not armed came into tbe yard and commenced ringing the workmen ' s bell . They continued ringing about a quarter of

    an hour . The people outside commenced to erect a barricade oa the road leading . to Ballingarry . They completed its erection . The barricade consisted of a . ladder , some boxes , sticks , and stones , as well as witness could see , he being at the time more than 100 yards from it . It was about four feet high . The people then marched up and down the road shouting , Most of them were armed with pikes and guns . Mr O'Brien had a pistol in his hand when he came into the yard . The people remained at , the barricade about an hour . . They then ' went towards the Widow M'Oormick ' s house , Before that witneis saw a body of police come up the Ballingarry-road , as far as Soott ' s-oross .

    When they . got . there , they turned off to the right towards Mrs M'Oormioks . Witness saw Mr O'Brien going through the fields with the people . As well as witness could , see at tho distance , the police got first into Mrs M'Oormick's house . The uesple shouted as they wemVto the house . Witness heard firing about a . quarter ef an hour after the party got to Widow M' Cormick ' s . There was about 500 people then . about the house . There were also a great cany people on . the hills around , but witness could not see whether , they were armed . Later in the day , about an hoar , and a half after the firing , witness saw another party of police coming from the direction of Kilkenny .

    In cross-examination by Mr Whiteside , the witness said he remembered . what he did remember of the speeches as well now as he did the day after . Witness , intended to continue in his office as long as he could . Witness had seen a good deal of police life lately , but he preferred his own . There was no injury done to the company ' s p ' roperty . Thecottiers were anxiaus . to protect Mr O'Brien from arrest . There was about SOlbs of powder on the premises , but there was no attempt to take it . Witness was not personally afraid when the crowd came round Mr O'Brien . Witness never did report speeches , and took ho notes , not a scrap , of Mr O Brien's speech . The people of the village illuminated their houses that nighs . Witness went to bed that night and slept . ' Mr Whiteside . —What ! on the eveof a revolution ? —Witness ' ' . Yes .

    Owen Cullen in the employment of the same company , testified to having seen Mr O'Brien , conversed with him , and identified a letter which Mr O'Brien sent through tbe witness to the Mining Company . -Mr R . Furd , secretary to the Company , also identified the letter . Sub-inspector T , Trant , examined by Mr Sausse : I was stationed at Dallas in Ju > y last . On Saturday the 29 th of July , about sine or ten o ' clock in the morning , ' I set out from Callan , and arrived in Ballingarry , between twelve and one , I had fortysix men under my command . After I had passed through Ballingarry , I saw crowds following me and crowds passing through the fields on my left . When I had advanced about two miles beyond

    Ballingarry ; towards the Commons , I observed great crowds in my front , and coming down from the hills , and shrill whistling . I met with a road to my right , and supposed that it led to Kilkenny . I wheeled the party along the road expecting that we should be reinforced by police from Kilkenny . I ascended the hill nearly a mile . The people were gathering from different quarters , and were endeavouring to surround us , whioh they had almost succeeded in doing when he came in sight of the slate house . Some of the people were armed with pikee or guns , but I cannot state what number . I ordered my men to break and make towards the elate house which was two fields from us on the right , and if they were refused entrance to smash into it . The men rushed

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    towardsithehonse . and ? Moltomd ~ tt , ? w . y- JtMtas I had given the orders for the men to break a shot was fired to my left . I turned and saw the man who fired it with the smoke about him , abtut eighty or a hundred yards from us . Most of tho people were all running with the view of getting between us and the house to cut us from it . My men got into the honse , and I then directed tbem to turn all the loose things they could find against the windows and to secure the doors . When we were in the act of fastening the doors the house was surrounded . I gave the men directions to guard every pest ; and as I was ascending the stairs to see that the upper rooms were guarded also , a voice from the rear called to see- the officer . I wetit to the window and saw

    a man who was unarmed putting up his hands . He cried out , 'For God ' s sake let there be no firing , we want to make peace . ' £ replied , If tbe people did not fire we would not fire ; but that if a shot was fired from without , we would fire as long as a cartridge or a shot remained / Ihe next thing Iheard was a voice from below , say . iog , Tell Mr Trant Mr O'Brien is within ; ' this was called up to roe by one of ray own party . I went down to tho window where I had been informed Mr O'Brien had been , but he had disappeared . I went up stairs again , and was again informed that Mr O'Brien was below and wanted to see me . I repiied '_ 'If so let him come to the window and I will see him . ' He did not come . Immediately after I heard a crash of stones , and the windows were smashed . I * instantly gave orders to fire , and the firing commenced . The firing continued about an

    hour from the first shot to tbe last . After it bad gone on for a considerable time the people did not appear to oar front or our flank , and we had no command ofthe rtar , from whioh , we were cutoff by the out-offices . The witness on being pressed , stated his inability to nay how many shots were fired by the people . From first to last , the firing continued about an hour . After the firing bad gone on for some time the people disappeared from the front and aides of the house , but there were still shots trom the rear , which the party could not command . There were about 3 . 000 persons altogether when the police made for the house , or nbout sixty-five to one . The people had possession of some houses in the rear , and witnets heard a double-barrelled gun frequently fired . The shots from tbe outside commanded the lobby window , raked the etaircase , and forced through the front window .

    Mr Whiteside—In point of fact , was not the proclamation offering £ 5 Qti received that morning is Callan . '—Witness : Yes , bat not opened by me . Had gone to Ballingarry , according to order , before it arrived . Witness—I did not hear anything of the reward until Mr Cox came up and md they bad let £ 500 slip through their fingers . There cenld not be less than 3 . 000 people present . There were about 500 persons from the minioe district . It was impossible to say if they were all armed . Saw about three women abont the house while the firing was going on .

    Police constable Cornelius Mahony , examined by Mr Lynch : Was one of Mr Trant ' ipsrry at Farrinr ., ry . Was In the parlour on the ground floor ea the left side m he entered the house . About eight or ten men w ^ re with him , After he went Into the parlour the people surrounded the house . Observed a man with a military cap get In out of a pasture field to a cabbage garden Camodowa by a dlton till he came to an office oonventeat to tho window . A person came to the window on that occasion . The man who first came to the window was dressed ia a flwnel jacks * . He was armed with a blunderbuss . He atked them to give up their arms . There bed not at that time been any Bring .

    Chief Jastloe Blackburne . —What happened after that ! —Witness ; Mr O'Brhn came to tbe window ( identified prisoner ) and stood at it . The wicdow was op » n . The upper part was let down , Mr Lynch , —Did Mr O'Brien say or do anythingstate what he said 1—Witness : Heialdhe was an Irishman and a soldier , tsktd them to give np tbelr arms and he would protect their lives . He said be would give them fWemlnutee to deliver op their arms . He Bald nothing further . They told him they wonld not . Saw no arms with Mr O'Brien when at the window , but saw arms with him before that ,

    Police constable Moran examined by the Attorney General , —Was one of the party who accompanied Mr Trant to Widow M'Cermick ' a house ; - Was in the parlour on the ground floor en the left goiog in . Knows Mr 8 . O'Brien , and saw him while he waa in the parlour . He had ^ hii back against the front wall of the house . He had not arms at the time . Immediately after one of the men went up to tell Mr Trant that Mr O'Brien was below , but when Mr Trant came down Mr O'Brien had disappeared . When Mr Trant left tho parlour , Mr O'Brien returned and planted himself in the position ha was In befere . Be then got up on the wfndowslll . Mir O'Brien said , ' We are ell Irishmen ; I am Smith O'Brien , as good a soldier ae any of you . ' He then de * mended their arms . The answer he got was , ' We will part with our lives before we give up our arms . ' Mr O'Brien on receiving that answer seemed disappointed ; he got dawn from the vdndowsUl and said , ' Slash away , my boys , slaughter the whole of them . '

    Mr O'Bxien ( to witness ) . —Don ' t you know you an ewearing faleely when you say that *—Wltaeas ; No . Mr O'Brien . —Turn round , and let me see your face when you are swearing that . The Attorney General . —Look to the jury , sir . Wltnes * . —Mr O'Brien had oae foot off the wlndowtfS when he said that . After Mr O'Brien said that , board firing from the outside . Attorney General . —How soon after you heard the en pressionfrom Mr O'Brien did you hear the first shot ! - * Witness : In abont a minute . Attorney General . —Waa ita single shot , or shots from a number of guns ?—Witnets : There were two or three fired together , but could sot exactly say . Arthur Reason , Patrick Forde , and George M'Donagh , police constables , were examined to back 19 Utran'a statement aa tb Mr O'Brien laying ' Slash away , my boys , and slaughter the whole of them , ' which they all positively swore to .

    Ojnstable Carroll , who » o horse Mr O'Briea took from blm , and used for a abort time , wai then esamiaed aa to hit there in the transaction . His itatement , however , was a mere repetition of what has appeared in tha newapapers already . .., J . Cox , Sub-Iaspector of Police , was then examined ¦• to his share in the effair at the Commons , and corroborated the general evidence formerly given on that subject ; Mr Whiteside—Are jo « the gentleman that regretted tbe £ 500 slipped through your fingers ! Witness : U was never in my fingers , —Mr Whiteside : But Mr Irani eaid you regretted it was not in your finger * . Chief Justice Doherty—Mr Whiteside , Mr Trant did nol say he regretted ; he only stated the fact .

    Mr Whiteside—Oh , thank your lord , hip . Bat JOB would have ttted for it * . Wltatn : It la very HkelyS would . —Mr Whiteside : Tou would not have run into tha house ! Witr . em : Oh , I cannot say what I would hats done . —Mr Whiteside : You gave the orders to fire first Witness : I did . —Mr Whiteside : The people weao principally armed with pikes and pitchforks ! Witnest Yes . —Mr Wbiteeide : And at the distance of seventy yards , whether would you prefer the pitchfork cr tha policeman '* carbine ! Witness : Oh , I would prefer tha carbine , —Mr Whiteside : I have one question more to ask you . What is the name of the man you sent for Mr O'Brien ' s portmanteau ? Witness : I lent no man far the , portmant ? au — Mr Whiteside : Well , what ia the name of the man who got it t Witness : John Norton . — Mr Whiteside : Is he alive ? Witness : I saw blm hen . —Mr Whiteside : Oh I then you may go down .

    The Crown then proceeded to render more perfect th « evidence given on a former day with respect to the dellvery of Mr O'Brien ' s pertmanteau to Inspector Cox . The evidence adduced by the Crown on 'ho former occasion with respect to this point merely showed that it was delivered to Mr Cox , Oa this day the man ia who'e ^ obm it lay in Cashel , previous to ita transmission to Mr CaXj # ¦ 8 produced , but could merely gay that his boy brought it to bis house , and the boy proved that it was taken from the bouse of Mr Doheny with his furniture ; it was left fa tbe kiln of a Mr Littleton , from whence it was brought by witness te hie master ' s home . Some documentary evidence , including papers fousS in Mr O'Brien ' s beg , were given in evidence .

    The C . erk of the Grown , by the direction of the Attorney General , proceeded te deaeribe those documents . The first paper appeared to be the tracing of a country there was Killenanle en tbe bead ef it . There "eeraea to bo » road traced down to the Common . Then tfaea was a road tff to tho right of Urlingloid and to Fresh * field , at another point there was another , road to tha Common . New Birr was en it , and then Thurlts , and toward * the loft a road to Mullinahone ; in the centra wae the road to Ballingarry . On that road I think there is a tracing en until It comes to Kilmanagh , and there is a mark here for tbe collieries , that is all . Chief Justice Blaokburne : Noam-ad the other .

    Clerk of tbe Crown : This is another pencil tracing on which the names are very Indistinct .. Upon the head is a place called Durrah ; tbere is a straight Hat then down to a central point , not particularly marked , and I don't know what it is , There is another line called Liedonney and Ballygrag ; there is anctbarlina to Freshford ; another line to Goolen ; another to tbe Commens again , and to Ballitigarry ; that is all . Attorney General ; Now , my lord , we will proceed to read the letter which I stated was found iu the portmanteau . It is from Mr Duffy to Mr O'Brien , and waa proved to be in tho handwriting of Mr Daffy .

    Mr Whiteside submitted that it was perfectly plain , bj tbe evidence given that day , that this letter ought to ha rejected . He grounded this opinion on tbe remark by Lord Ellenborougb in Hardy ' s case , which was , tM where doubts existed in eases of this nature , tbey oo ^ ht to bo given in behalf of the prisoner . The objection which hebad formerly entertained towards the reception of this document was strengthened by the evidence just given , that the trunk bad been a long tlms out of fitr O'Brien ' s possession , and its enstody had been loots beyond all belief . It had been thrown into a lime-kiln ; it had been teased about in Norton's bouse for days , This was sufficient to show that any amount of documents might bave fceec surreptitiously put into the trunk One of the detectives had proved—he ( Mr WblteslOHJJ should never forget it—where 400 documents were fonntj tn an open press , a place where they had evidently hem put for detection , Whowaajto assure him that soma of those papers had not been put into Mr O'BrienTi

• Citation
  • Northern Star (1837-1852), Oct. 7, 1848, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/ns2_07101848/page/7/