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    October 14, 1848 " fflE KOftTHAtf STAR. ...

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    TRIAL OF MR M'MANUS. Terence Bellew M'Ma...

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    % b hcur . The text day I projected to take Mr O'Brien to see the harbour at Wexford , and some land tfcat was in progress of valuation , ' Jo the Attorney General—I was not by when he got oc t ef the coach , and did not hear him make any L eech . Be had * large portmanteau with him . I cid not expect either Mr Dillon or Mr Meagher . Mr O'Brien said he wss going to Kilkenny ., H enry Cotter , reporter to the Fi-xxiuafr JoxmstL , pro ved a report of a speech by Mr O'Brien , in which be stated that the legislative independence of Ire Isnd could never be obtained by a nation of place busters , bnt by the combination of Protestants and Catholics . Richard Barret , editor of the Poor newspaper ,

    laid—I Rm acquainted with Mr Smith , O'Brien . We were both members of the ' 82 Club . The dress of the dob has a men cap with a gold band . I sever were it more than once . I met Mr O'Brien in the year 1844 , when I was in prison with tbe late Mr CCrnneU . I believe Mr O'Brien is attached to the Queen and Constitution from what I know of his political sediments . Crosf-examined by the Solicitor General—I was cot a member of any of the Confederate clubs . Sir Dsvid Roche , Bart ., examined—I was member for the city of Limerick . I have known Mr O'Brien for the last twenty years ; he was a grand juror for the county of Limerick . I am quite sure Mr O ' Brien never entertained any opinions against the title and aut hority of the Queen ; bnt he wished the

    restoration . of tbe Irish Parliament . I am sure he was serer a Republican . I beb ' eve he was » very determintd man in expressing and carrying out his opinions . 1 bare beard bim expremng his opinions in favour of constitutional agitation . He always expressed his sentiments very openly . Crof s-exsmined by fiie Attorney General—I think Mr O'Brien is a very determined man in carrying out his cpinions . I remember having a conversation with him about letters published in the newspapers by Mr Mitchel acd Devin Reilly . I pointed them out to him , and I remember he expressed his great hostility towards the sentiments contained in those letters . ' I remember having attended s meeting in tipBatunda at which Mr O'Brien was present .

    . Attorney General—Was that the meeting to addre ss tbe French government ? Sir David Roche—It was not . I never attended an * of those meetings . - . ¦ -,-. . John Bolton Massy examrEed—I have been a grand juror of the county of Limerick for a great many years- I havelnown Mr O'Brien since he was a boy , and I know him very intimately . I never heard a word fall from him that was hostile to tbe Queers Lords , and Constitution . Be certainly was a Repealer , and was very anxious on that subject . Be was a friend to social order . .

    SirDenham Noti- ^ p , M . P-, was Bert exaBiined-r . Jj a Member ef Parliament j was bo in 1843 . Mr O'Brien wmhsn a member , I remember him delivering a speech on the grievances of Ireland in that year . ( Repert handed to witness . ) I believe that is a correct report of the speech . -1 remember a gnbrfqnect resting of the Irish members to address the British nation . Mr O'Brien drew up a draft ef the address , -which was signed by me and other members : ( The address was here produced and proved . ) I have known Mr O'Brien for twenty years , and have always considered him to be attached" to the constitution of Queen , Lords , and Commons . He was opposed to Republicanism . He is a friend of social order and of the rights of property . Mr O'Brien is not a man who would merely express one thing when he meant another . This is far , indeed , from his character . ( The Hon . Baronet on leaving the table warmly shook Mr O'Brien by the hand : )

    William Fitzgerald . Esq ., examined—I am a grand juror of the county Clare , and connected by marriage with Mr O'Brien ' 8 family ; I have been , acquainted -nthhim for twenty years , and have frequently heard himspesk on political matters ; I am sure he is attached to the constitution of the country , and opposed to Republicanism ; he is a friend to social order , and an enemy to anarchy . He had everything to lose by the one , and nothing to gain by the other ; his disposition is mild , humane , . and charitable ; he sever entertained any opinion that he did not openly express . " - ¦ , _ The Hon . Cornelius O'Callaghan examined—I am a Deputy Lieutenant of the county , and was for a short time a member of Parliament I have known . Mr O'Brien for nine years , and from my knowledge of him I believe tbat he was attached to tha Queen and constitution ^

    William Monsell , M . P . —I am the colleague of Mr O'Brien in the representation of Limerick ; I nave known him since a boy , and have had frequent conversations with him on political matters . ' I never heard him express a disloyal sentiment . Be was a friend to social order , and an opponent to Communism , Socialism , and other cognate doctrines , whioh -became matters of general discussion at the time ef the French revolution . I think his great characteristic was that he expressed his opinions freely—he never disguised anything . Cross-examined by the Attorney General—I never bad any discussion with Mr O'Brien about physical ot moral force .

    Sir Colman O'Loghlen then handed in the several speeches of Mr O'Brien , and the other documents which were proved by tha witnesses called for the defence ; a great many of these documents had been found in Mr O'Brien ' s portmanteau , but were now prsunred for the first time by the crown , in compliance with ah order bi the oourt . Major General Napier examined by Sir Colman O'LoEhlen—I am as officer in her Majesty ' s service , and am author of the * History ef the Peninsular War . ' I remember the years 1831 and 1832 . I remember the agitation fur the Raform Bill . I know there was a society called the Birmingham Political League . There was also a fondon Political League , but I was not a member of either , neither did I ever

    attend their meetings . -I do not know that those societies were divided into sections and sub-sections lam aware ef tne divisions which took place in . the House of Lords on tha Reform BOL . ! know Mr Thomas Young , who was Private Secretary ' to Lord Melbourne in the Home Office . I also remember having been introduced to Mr Parkes . I have been subEcrased to produce the letters in my possession , written by Mr Toons ; . One of the letters ia signed € T . T „ * which stands for Thomas Young . The letters 'H . 0 . ' are written at the top ; they stand for Home Office . I received the letter on the 26 th of June , 1832 , under cover of a government frank

    Lord Melbourne was then Prime Minister . Lord John Russell was in the Cabinet , and Lord Brougham Lord Chancellor . I took a considerable part in the agitation for Reform in the neighbour hood of Bath and Devizes . Sir Colman O'Loghlen—Now , Sir William Napier , have the goodness to state the proposition made to jouby Mr Young in tha letter received on the 21 st of June , 1832 . The Attorney General objected . He did not consider any correspondence of this sort , the precise t » t ^ of which he was i gnorant of , ought to be put in evidence . The Court—We cannot admit it .

    Mr Fitzgerald—It is matter of history , and I submit that it ought to be put npon the same grounds in which Lord John Russell ' s letter was put in yes terday . Chief Justice Blickburna—It is plain we cannot admit it . Sir Colman O'Loghlen—Then , my lords , we will not press it . Mr Fitajerald—This closed the evidence on the putof Mr O'Brien . Tho court then adjourned , shortly after six o ' elcek .

    Ob the opening of the court on Friday , Mr Fitzgerald proceeded with the defence of Mr O'Brien , which was beard with the greatest attention , and exhibited great ability and legal acumen . The points however , mainly relied upon in favour of tbe prisoner , were bo fully and admirably stated by Mr Whiteside in his eloquent opening , that it is unnecessary to say more of Mr Fitzgerald's speech , than that it was a masterly statement of Mr O'Brien's case . ' At its conclcsion , The Lord Chief Justice Blaokburne , addressing tha prisoner , said , —William S . O'Brien , I have now to inform yon that if yon mean to address the jury , you are now at liberty to do so , and that yon cannot be heard after the Solicitor General has commenced his address for the crown . If you wish to consider with your friends whether yon will addres-i tbe jury or not , we will retire for a short time , and on our return you can state your decision .

    Mr O'Brien . —I am able to answer the question at once . I am quite ready to leave the decision of my case to the jury as it stands and as it rests on the arguments of tie counsel ; and I have only , in eonelusion , to thank tha gentlemen of the jury for the patient attention they have given to theargumenta in the case . The court then adjourned for a short time , and on their lorfsMps * return , .... The Solicitor General rese to reply on the part of the crown . His tone throughout was temperate as respected Mr O'Brien himself , though he attacked other leaders of the Confederation withereat severity . With respect to aletter of Mr Daffy ' s , found in Mr O'Brien ' s portmanteau , in which Daffy urged the prisoner to beware of the errors of Lafayette , while he assimilated their positions , the learned

    gentleman said , Duffy's letter had been addressed to the prisoner to stimulate and urge him into this fatal movement . The insidious suggestions it contained were sent by Mr Duffy in order to operate on Mr O'Brien ' s proud nature , and to induce him to take tbejeadenhip , and that step which had led to such deplorablei remits . For Mr O'Brien he felt sincere and deep regret . Be wished that unfortunate gentleman had not listened to the diabolical tempter who was luring him on to the terrible precipice on which he stood * Mr 0 'Biian ( ihtonptin £ him )—It is not fair to m « t-- > tW » T * Tn » T » t « fa Mr Duffy ' s absence . Tim Solicitor General—No one feels more deeply than . I oa the position in which Mr O'Brien stands . Hewasrir gedcm to harnin by tiers , and I repeat thithalhterisdtothem . Mr O'Brien ( ia * louder voice}—It it unworthy

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    in the absence of a gentleman who is himself on trial at the time , to make such observations as those that have fallen from the Solicitor General . . I beg at once , and most distinctly , to repudiate all connexion with or participation in them . . The Solicitor General- continnecW-s those . remarks seemed to iiflutnee Mr O'Brien , he wonld proceed to read the letterwithont any further commentp . The learned gentleman havirg concluded , Lord Chief Justice Blackburne proceeded to sum op—he said , there aie two distinct species of treason stated in this indictment The first five constsare fer levying war against the Queen in her realm , the last and sixth connt is for compassing the death of tbe Queen . I shall at once relieve yon

    from any misapprehension of the last count * because , though there is what in strictness of law must be considered evidence to sustain tbat connt , that evidence is more clearly and distinctly applicable to the counts for levying war , and your attention may , therefore , be coDfmedaltogethertothe charge of levying war against the Queen in her realm . In erder to sustain that charge yon must be satisfied tbat there was an insurrection—an insurrection by force , and that the object of tbat insurrection was a general object . It had been complain ? d on the part of the prisoner tbat there had been some extension of the doctrine of high treason in cases which are properly not to be considered within the meaning of ' war agaisst tbe Queen . ' I do not enter , into any consideration of

    tbat argument- Whether ice words of the act of Edward III . may or may not be extended by a strained coEatrnctios is sot tie qnestiou , beeanse , if the evidence on which the Crown relies sustains any of the allegations which they adduce to support it . there was unquestionably an object of a general kind in the case before us ; for whether the object of insurrection was to effect a repeal of the Act . of Union , or to effect any change in the constitution ef the government of the realm , or to dismember the . empire by effecting the separation of the United Kingdom and constituting Ireland into a distinct sovereignty —whether any or all of these was the : objeot or objects .- the case plainly acd dearly comet within the netting of the statute , as I before stated to you ,

    and , therefore , the levy of war for its attainment wonld be plainly high treason . With respect to the intention of Mr O'Brien , on which Mr Whiteside had rested his defence , he observed—Gentlemen of the jury , in stating tbedefinition in my view of the crime of levying war against the Crown , and in stating the words of this authority I have probably led your minds to the consideration , of the true distinction which it will be important to keep in yonr minds , and on which distinction the defence of the prisoner is rested . Be asserts that the object of recurring to thense offeree , and that the end and object of . all the exertions which are detailed in the cause , were not to effect any general objector particular purpose what , ever , bat that , they were solely and exclusively done

    to protect his person from anest ; and I have to tell yon that if the object of all this arming and of all this force was solely and exclusively to protect Mr O'Brien ' s person , and the persons of those in his company fromarrest , he is entitled to your verdict of acquittal . Yon will , therefore , at once see that in order to sustain either the , charge or the defence , it will rest upon you , in the consideration of tbe evidence , to come to one or other of the two conclusions —was . the object of this insurrectionary movement a general object , or was it limited to tbe particular object of . protecting the person of Mr O'Brien from arrest ? But yon will observe from what I have stated to yon tbat the personal or peculiar object must be exclusive , because if , in addition to that of

    protecting the prisoner from arrest , there was the other and gen § ralpurpose which the Crown contends for , the existence of that particular object is of no mement whatsoever , for the moment the general object is established that instant it becomes high treason . So that yon will observe in tbe considera tion of the . case that yon willnotonly have to fix yonr attention npon tbat which constituted the defence of the prisoner—that the object was to protect bim from arrest—but whether tbat was exclusively the object of all tbathas been done . The question , no donbt , is one of the intention of Mr O'Brien and those who accompanied him—didhesimply intend toeffecthisown personal security from arrest , or did he intend tosffect any object of a general character , whether a change

    in the government , a repeal of the Act of Union , or the separation of Ireland from Great Britain ? It has been contended on the part of the prisoner that this indictment does not set forth the evidence npon which the Crown relies in support of the intention which the Crewn imputes to . Mr O'Brien , and which it is bound to establish . The law does not require that that should be so . The law does not require that the Crown shonld state the evidence it intends to adduce of the intention—it does hot require the Crown to state what acta were dene ; bnt it does require not only that the Crown should state the acts of war which were done , but that one . or more of those acts shonld be established by two or more credible witnesses , sad the acts which are stated in the

    indictment yon will find to be as follows : —aiding and marching . ina hostile manner through divers villages towns , and public highways in this country—to wit , at Ballingarry ; the erection of obstructions by means of cars , carts , pieces of timber , and other materials on tbe . -Mghway to obstruct and prevent the march of the soldiers of the Queen ; attacking and firing on a large body ef constables being then in the execution of their duty , and endeavouring by force and violence to make the constables join them in a public insurrection and rebellion against the Queen . Then follows the charge of an attack upon a certain dwejlinghoage , atTaninrory , and firing upon the constables therein . These are the overt acts . They must each ordneof them be proved by two witnesses : what was the ' obieot will depend npon the intention that is to

    be disclosed by the evidence . Of thai evidence yon are exclusively the judges in the case which ' . is now before us . ; - Yon will observe the period at which one class ' of evidence may be said to terminate and the other to wmmence .. The . eridehce . antecedent to the wtual outbreak at Ballingarry , bathe 25 th , is in seme respects contrasted with the evidence-subse quent to that period . The ' evidence antecedent to that period cannot have any relation to , the , ' apprehsnsion of arrest , because during ' that , antecedent period no arrest was or , could nave been contemplated . The evidence subsequent to that timeis connected with that apprehension of arrest , sad J need not tell you that the latter is a period of great importance , and that'from the time the insurrection

    commenced , en the 25 th , at Ballingarry , every one of the transactions that , occurred are to be . minutely and critically examined ,, and during that period you are to consider . whether the . acts ef Mr O'Brien , the acts of those whom he pnt in motion ) his own declarations , the conduct of those who were assisting him , do manifestly exclude the bbjeet of effecting his personal safety and nothing else , or whether , upon a review of these facts and circumstances , they do not manifest an ultimate and general purpose—that is the Sur pose of effecting a revolution in the country , a order to show that this latter was the case , bis lordship first justified the reference to the former speeches and acts of Mr O'Brien , which had been made by the crown officers , and then proceeded to

    comment , at great length , npon the whole of the evidence thus adduced . On the evidence of the spy and approver Dabbin . he said : — 'Dobbin ' s account of himself is one which has given rise to the objection to the reception ef , or rather to the belief in , his testimony ; and it is contended that he comes forward before yon as an accomplice , and that yon ought not to hear his evidence , unless it is corroborated with respect to the main facta by some important testimony from other quarters . If yon take his state ment to be true , however , he does not stand in the light of an accomplice . An accomplice , gentlemen cf the jury , is one who actually engages in the illegal act he comes forward to depose to ; and Dobbin , according to his own statement , didnot become amem *

    ber of this society with any intention of carrying forward or executing its object or plan . He becomes a member , as he says himself , for the purpose of * counterplotting the plot ; ' in other words , he should rather be called a spy than an accomplice . But whether you regard him in one light or the other , my direction to yon is to examine the evidence closely , and to see how far it is corroborated by the various matters with which it stands in connexion ; and first of all to examine it by itself . Be represents himself to have been present at three meetings —most important meetings as to the time at which they were held , and as to the business there transacted . The learned judge read the evidence of Dobbin from his notes in extenso . Be did not , you

    will observe , name one person as being aware of bis . presence . He refused to give the name of the person with whom he held communication ; and the court was , in the first instance , of opinion that they could not compel him to take any other course and name him ; but it is now perfectly plain from the sequel of the evidence that he was a privileged person , because he turned out to be tbe medium with the government itself . There can be no question that this man ' s evidence had been properly received . The question whether yon will receive it or not is matter for your consideration . If you believe he is telling a story of his own fabrication , , you should dismiss his evidence ; but if yen find it is reasonable and probable in itself , and that it is aorroborated by the acts of other persons , and by the acts of O'Brien himself —if yon find it is consistent with the proceedings of

    these parties , and find him detailing acts whioh might be part and parcel of the same arrangement , yon ate to consider She is entitled to belief . On the other hand , if you think be is a spy and a partial and faithless witness , yon should discard his evidence altogether , and not give credit to any part of it . it is very important to see if , in point ef fact , any of these meetings ever took place . Bis statement with respect to the existence of the Red Band Club was proved by two policemen , who deposed tbey saw the name written on the windows of a certain house , and that they saw people going in and out of that house as memberi . In so far , therefore , as his testimony was repelh i by the suggestion tbat there was no such body , it is plain there , was . ' Bat , besides this , there was most ample means ot contradieting him if he was not telling the truth . Mr Whiteside—It was impossible to say before the trial that the witness would have been produced

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    His client ought not to be affected by the fact that he had not been furnished with a list of witnesses when he had especially spplied to tbe court for it . The Lord Chief Justice—Thevery authority you referred us to shows how the law stands with respect to this enbjeot . The learned judge then read a passage to the effect that the gnilt of the prisoner depended not on the abience of any explanation from him of the crime-laid to his charge , bet on positive proof of that chargefrom the crown ; but that if certain appearances . were made out against him , it was not unreasonable to expect that he should be called on . by evidence , out of regard for his own safety , to reconcile those suspicious circumstances . Now , 1 don't think it is by anv means to be expected , or that

    it is a requisition you have a right to make , that because this man was exsained on last Saturday , the prisoner was bound to show he was not telling tne truth ; but Isay when there is the possibility that he spoke troth , and when there is no evidence to tne contrary ,, there is no reason not to receive his evidence . Mr Whiteside—The authority you quote to the jury , my lord , is an Englishoase . The prisoner ot whom these observations were made bad a list or Witnesses eleven days before the trial . The Lord Chief Justice- ~ That is perfectly truethe prisoner , was indicted in England . The prisoner in this case is exposed to the disadvantage , or rather he is not entitled to the advantage which he would

    have received in England , of being furnished with a list of witnesses ten days before trial . It does , loonies ! , appear doubtful tome whether upon consideration of the subject , I shonld advise you tossy there is not some presumption that his ( Dobbin ' s ) story M true in its main particulars . The learned judge read over the rest of the evidence , aria on concluding » said , as the hour was so late , it wonld perhaps be better if he left off at thateUge , andtfthejurymeantime looked over their notes of the evidence . Mr . Whiteside requested his lordship to instruct the jury that Father Kenyon ' s name appeared on the balloting papers , though Dobbin , stated that no priest would be balloted for ; and that Mr O'Brien ' s name had appeared oh the papers only once and had then been struck off .

    The Lord . Chief Justice did so , and as he was about retiring from the bench was addressed by some of tbe jury in a Jew tone ot . voice . Mr D'Brien thereupon exclaimed , ' If thejuryhave no objection , I shonld like to hear what they have to say to their lordships . ' , , , , ~ A Juryman ( addressing his lordship ) - ! wish te ask , yonr lordship one question . The witness Dobbin stated that his club was . not called . Then how comes it that he was present at the meeting of the presidents of clubs ? . How did he get in there ? I don't understand that at all . ' The lord Chief Justice—Tbe day of tbe meeting to which he alluded was the 91 at ; the day on which the clubs were called was the 15 th . The Jdrymah—But how could he have attended on the 21 st , if the club was not acknowledged on the 15 th .

    The Lord Chief Justice—He stated his club was a branch club , and that he was not acknowledged as a representative ; hut he says he was a member cf the club . Hislordshiplhen read his notes referring to this portion of the evidence . Another Juryman—The ' meeting ' was composed of the representatives of clubs . I do not understand how he could have been there if bis club was hot acknowledged . ; ' ' ' ' . The Lord Chief Justice— -I would advise you , gen * tlemen . to leok to your notes , and see how the evidence stands as to > this matter . Mr Whiteside—I thinkiyou have it on your notes , my lord , tbat all bnt the representatives of the clubs were ordered to leavetce room but that Dobbin remained , although he states that he was not a representative . ; Bis Lordship againreferred to his notes , and having concluded the extract .

    Mr O'Brien a . dressed , thejury , ' and said—May . I be allowed , to call yonr attention to the remark which fell from your lordship as to the possibility of bringing evidence to confute the testimony of Dobbin ? The jury must know that everymaninthe Confederation , or any one who has taken a leading part in the management of it , er of the clubs , has been hunted down by the government , and' that it wonld be impossible to bringthem forward to contradict it ., ' , " A Juryman—It does hot appear that Dobbin was one of those who was allowed to remsin . He was not recognised as a member of . the clubs . Mr Whiteside—The case will do as it stands very well .

    - Thejury were then given into the charge of their usual guardians , the four policemen , and ; The Court adjourned at sevenVclock ; On resuming at nine o ' clock on Saturday meriting , Mr O'Brien , requested that he might be allowed to say a few words in reference to observations that had fallen from . him during the trial . He had stated that Mr Hodges , the government reporter , though treated asaguest by him and , those who attended tie meetings of public bodies , turned out to baa spy . What he wished to intimate was , that he thought he

    had dealt rather unfairly with them in appearing as a crown witness , prepared to swear that their declarations and speeches were seditions and treasonable . He conceived that Mr Hedges , had appeared in the character of an official reporter merely ; bnt unquestionably , it' was hot bis intention to convey to the court and . ' jury that he appeared in a disguised or concealed character ,, or in . the position of a spy ; he ' , therefore , wished to withdraw the expressions that had been used by him on the occasion to which hereferred . '

    . Tbe Lord Chief Justice then resumed his charge , as follows : Gentleman of the jury , when we separated last evening I had ' read over ~ to' you the ' evidence of the witness Dobbin , as to whose credibility and as to whose character , it is for you to determine . I will not again enter 'into' any details of those matters ' by which the crown insists that histestimeny has been confirmed and corroborated ; It is for yon , and you exclusively , to say whether to any and whst extent those circumstances corroborate his testimony and entitle bim to credit But one of the jurors having asked a question , Which was one of vast importance , and which relates to a particular part of his testimony , the bench are of opinion that I

    ought again to repeat my note of his evidence , and you will see whether , as I go through the details , any ground exists for the imputation ' which the discrepancy noticed by one of the jurymen would naturally suggest . ( His lordship then read through the evidence , ' and whilst he was doing so Mr O'Brien appeared to be amusing himself by talking a sketch of a national emblem' which ornaments the canopy under which the learned judges sit . ) His lordship having read and commented upon Dobbin ' s testimony at length , was proceeding to the evidence of Patrick Goghlan , ' when Mr O'Han came hurriedly into court , and whispered to Mr Barton , one of the advising counsel of Mr O'Brien .

    Mr Barton immediately rose , and said—My lords , may I ask yon to suspend your charge for a few moments . -The Attorney General—What is the matter ? what is the object of this application ? Mr Barton—My lord , the conducting counsel , Mr Whiteside , and Sir C . O'Loghlen , are anxiously engaged this moment in consultation . The Chief Justice—I can't stop . Mr O'Brien—My lord , it appears to me that the court is not fully constituted in the absence of Judge Moore ( the learned lord retired a few moments before ) , the third judge—before whom , as I learn , my counsel now are . Chief Justice—We shall certainly wait for Judge Moore bnt it ie a mistake to suppose that the court is not folly constituted .

    After a few minutes Judge Moore entered court , and the learned chief justice recommenced , and was commenting on Mr Meagher ' s speech , when Mr Whitende entered the court , and , in a hurried manner , applied to their lordships to adjourn the court for a few minutes . He was not ( he said ) at liberty , nor did he feel justified , to mention the reason in open court , but if the Attorney General would retire into the chamber , he wonld communicate to him the important information he had received . Attorney General—I can , of course , have no objection . The judges , counsel , and jury then retired to their respective chambers—leaving a crowded court to wonder and surmise the cause of this extraordinary interruption .

    [ It was understood that some important evidence was discovered in Dublin , relative to the character and pursuits of Dobbin , which would show him to be a person not to be believed on his oath . ThejnteUi * geneecame down by special train , and arrived in Clonmel abont eleven o'clock . ] During the deliberation in chamber , Mr Smith O'Brien intimated a wish to speak to Mr Hedges , government reporter , who at once crossed the table , and went to the dock , where Mr O'Brien shook him

    warmly by the hand , and stated that what he said on the first day with respect to his ( Mr Hodges ) being a spy , was said in a moment ef excitement , and was by no means intended to convey an imputation on the character of that gentleman . On the return of the judges to court , Mr Whiteside said—1 have now , my lords , to move that the witness Dobbin be recalled , in order to his re-examination to a particular point , which I consider to be of mest material interest to the case of my client .

    Attorney General—What I have to state , my lord , is that , having heard certain facts stated with regard to Dobbin , I shall not oppose the application of Mr Whiteside . Mr Whiteside—I feel bound , my lord , to thank the Attorney General and my friend the Solicitor General , for their courtesy in this matter , and to say that they have acted with the highest honour in this case so far , and with the utmost anxiety for the pure administration of justice . There was'then a considerable pause before Mr Dobbin , made his appearance on the table-Mr Whiteside ( to Dobbin )—Do you remember being at a tavern , in tbe middle of the month of June , at the corner of Great George ' s-street ? Dobbin : I never was there . —Do yon remem-

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    ber _ being in a tavern or public-house discussing the political grievances of Ireland with two other men ? I don't recollect that : I was . —Do you . know O'Neill ' s Tavern ? I do not .-r Was there a fourth person present reading a newspaper , whom you afterwards discovered to be a person of the name pf Dalton ? I do not know the name of any person of the kind . —Did you on that occasion speak of the best means of securing the independence of Ireland ? Never , never , never . —Did any two persons say tbat they were advocates si the polio ; of the late Daniel O'Connell by emancipating Ireland by moral force ? Did these two , or any two persons represent themselves as Roman Catholics , and did you represent yourself as a Protestant and an

    Orangeman from the north ? Never . —Did you say on that occasion that there was but one way to rid the country from tbe British dominion , and that was by force of arms ? Never . —Did you refer to the late revolution in France , and proclaim yourself a disciple of John Mitchel , and an advocate for a free republic ? Never—Did those three gentlemen in the room apply to the gentleman who was reading the paper , to decide the controversy ? Suoh a thing never occurred . I never saw any parson reading a naper in that way in a publio-house . I swear that . 1 am quite satisfied of it . —Did you afterwards wink to that gentleman to follow you ? No . —Not to & gentleman named Dalton ? On your oath , sir ? Why do yen hesitate ? I did not hesitate . It never occurred

    , on my oath .-Did you speak with bim alone . I did not . —Did he reply it was too late ? I never was in conversation with the man at all , —Did you apeakto him , or he to you ? Never—Did you reply that he was a right fellow , but that the other two were d—d papists ? I did not—Did you ultimately go with this person into a house to have some refreshment ? I did not . —Did you request him to join a club ? I did not . —Did he say he would be expelled from college if he joined any club ? I never beard any such thing at all . —Did you say he ought to know what you meant , and ask him if he would not prefer a government situation to college ? No , I never said it—Did you say he might , easily , obtain one if he liked , and that he could easily join , you in getting up information , and giving at to government ? On my oath I never wed such language , or anything like it in m y . life . —Did you meet by accident the same

    person Dalton in the street about three weeks afterwards ? No . —Did you say you had been arranging matters with Colonel Brown ? Never , never . —Did you say to him till the priests were exterminated and popery put down , things would never be right in Ireland ? Never . —Did he allude tp Mr O'Brien , and say he was more criminal than the Papists ?—Never . —Did you say it was lawful for a Papist to commit perjury against a Protestant , and that you thought ft would be fair for a Protestant to commit perjury against a Papist ? Never . —Did be Call yGU a rascal , and tell yon to quit tbe room ? No . —Did you immediately change your tone of voice and manner , and say you were only trying him ? and did you then ask bim if he did not know you were humbugging him ? No . —Yon deny it all ? 1 do ; it neverecourred . Examination concluded .

    A young man named Henry . Dalton was then sworn and examined by Mr Whiteside , and gave the following testimony : I travelled by an express train from Dublin to this town , and have only just arrived in Clonmel . I left Dublin at three o ' clock this morning ; myfather held a situation in the Cashel cathedral ; my own business i . that of a teacher of Trinity College . I was at one time a teacher at the Rev . Mr Huddart ' s school at Dublin ; I was also a teacher at Dangannon College , under Dr Darby ; I hare also taught in this county ; I was resident tutor in the house of . Mr Pennefather , of Marlow ( one of the jurors ) , in this county .

    ' Mr Whiteside—Da you remember being in a tavern at the corner ot . Stephen-street , about the middle of June last ? I do . —Did any ' discussion arise in yonr presence between three persons ? Yes . , The witness was then confronted with Dobbin , and desired by Mr Whiteside to say . whether he was one of the three persons he had seen in the tavern . - Witness—He was , upon my solemn oath . . Mr Whiteside—Tell the jury what passed between those three persons before you took part in the conversation . '" .,. ' ¦ ... '

    Witness- * -Two of the three were advocating a repeal of the nnibs , and the substance of their remarks was , that repeal could never be obtained except by the means , advocated by the late Mr O'Connellmoral force . Djbbin said tbat he was a Protestant , and an Orangeman of the north , and that the icde-E endence ol Ireland could never be obtained except y force of arms . Be said that the time had , now arrived when a . repeal of , the union perhaps would be obtained , and that a republican government and the principles of John Mitchel would benefit Ireland . He mentioned , the name of Smith O'Brien , and said

    his policy was too tame . I had not taken any part in ' the conversation then ; but that man asked me what was , my opinion ? I said it was my opinion that agitation was the bane of Ireland , and I attribated my present suffering altogether to it ; I said that I was averse to the p ' au for a repeal of the union , and that I signed the petition against repeal as a student , of Trinity College . j Mr Whiteside—Did Dobbin do anything ? : Witness—I noticed him distort his face ; he made some distortions of bis face . I left , and was going home , when he followed me and said that the men wished me to have supper with them . I said it was too late ,. and I must go home .: He said that I must come ; I did go .

    Mr Whiteside—Did he , after that night , say anything to you about joining a club ? 1 Witness—He asked , had I joined a club , or would I . I told him I would not join any club , as a notice had . been posted npon the college walls , that any student would be expelled who joined a club , and I intended going in for scholarship the following year . 1 told him I would lose all my collegiate prospects . He said tbat although I might lose my prospects there I might not elsewhere ; and he told me that government mightap ' point me as the head of seme colonial- college , as I was fit for it . ( Dobbin here smiled . ) Mr Whiteside—Did yon separate shortly afterwards ? ! Witness—We remained tuUneveleok , ' Witness here asked for a glass of water , as he had been travelling all night .

    Examination resumed-How long was it before yon saw him again ? Three or four weeks , at . the corner of Trinity-street , He tapped me upon the shoulder , and asked me to take a glass of punch with him , and [ we went into a house for refreshment . I paid for it . Witness here said that he was subject to a nervous palpitation ef the heart . Mr Whiteside — Bave' you ever spoken to ' . Mr O'Brien or his attorney' ? No—What passed upon the occasion to which yon referred ? . . Dobbin asked was Dans'Theology read 'in college . And I said itwas not to my knowledge . Be said tbat by Dens , a R man Catholic was qualified . to swear and get absolution from a priest for any information , fake or true .

    He said that the only way to counteract it Was to swear counter to it . Be said if I joined , a distinct club from him , and that , both our informations agreed , credit would be attached to it , and the more the better . I called him a rascal and a bjaokguard and told him to leave the place , He then went out and came in again , and smiling , said he was snr prised that a man of my learning could not perceive that he was humbugging . Mr Whiteside—When did yen read Dobbin ' s evidence in fee paper ? Witness—On Thursday , I shonld have said that I mentioned these circumstances at the time they occurred to others , arid on reading the paper , I raid to them , ' Oh I do yon re . member what I told yon about Dobbin V .

    The witness underwent a cross-examination by the Attorney General , which did not in the least shake his evidence , at the close of which , Mr Potter ( Mr O'Brien ' s attorney ) said that , he had brought the witness into court , and the prisoner ' s counsel sent him out again during Dobbin ' s examination . . So tbat there was no chance of any identification from that cause . The Attorney General , addressing Dobbin—Do you know this gentleman ? The two . witnesses stood on the table , confronting each other .. Dobbin—On my oath I never saw him . This statement produced an extraordinary , sensation in the court .

    . A Juror to Dalton . —Did yoa give this evidence to any one before you came to this town ?—I did ; I mentioned it to some friends . I told them that-I was almost convinced that this Dobbin was thesame person I had met in tbe public-house . I swear that I never expected to be brought here . I ; wrote a letter stating these facts , whioh I sent to the Frkeman ' s Jodbhai . office , upon hearing the evidence given by . Dobbin , with a view to having it published . When I went to the Frmuan office , the people there , having read the letter , forced me to . come down here . When I wrote that letter , I had not the most remote iuea . thatl would habere to-day . I consider

    myself at a serious loss by coming from Dublin , It was my own suggestion to publish these facts . No one advised me . to do it before I thought of it myself . I described Dobbin ' s . perion to my friends in Dublin , when I was telling them of these facts . Dobbin ] was then examined by one of the jury in reference to the position whioh he occupied in relation to the clubs and the . war directory , of which he had stated various particulars on , his first examination . He said that he was not a member of theCoun-Cilof 21 . That he went to tho meeting in the capacity of a representative . of a club . Hewas ^ representative of adub , and as such formed part of the council . " , ''" ' ¦'

    ; The two 'Witnesses were then ordered ' to with * craw .:. ' .., , . ( . . ( i , ,. ' , ; . ' ; . ; ' ., ' ., ' I Mr Q'Men- ± l thWi ^ right to make mya ' cknow ., ledgementoto the Attorney General tor allowihg this witness to be examined . ' ' " '' .., " , : , . TheLo ? d Cbief . Jflstioe ,. afterabrief , consultation with the other judges , recommenced his charge , Baying that at the instance of the prisoner ' s counsel , and with the consent of the Attorney General , the witness Dalton bad been called for the purpose of contradicting the witness Dobbin , and Dobbin ia

    The Ikish Trials For High Treason* On Th...

    Dobbin IS ^ "nted - with Km , and if what Dakon i 8 T ^ . trU 0 ' ha . whcl 9 of that statement of Sis ? itnV ™ E ? i ; i 8 bs " ! ut 0 fflb « eation . Boo if 2 MXn 5 £ KAiAT andy r thnr-Mi-h JZ e ' " J " th , nIc Dalton speaks K de' / n ^ Jt } ^ pay tb 0 ^^ sfc atten " ° n to Y , m lilrnWK dn 0 t . ? e 8 rd ODeword to * his lips rmvnn i 7 t ° ' ovidenoe - Itou « »<>* tooperate on you . It you cannot reasonably trust to his evidence . yououehtto deal with the osse withoutVt : but you should notdesl with the case as if you save credit to tto statement of Dalton . But , if on tbe other hand , ypn believe Dobbin ' s evidence te be true upon any ofthe acts upon which he is oontrLS

    oymiMra i will still advise you not to allow tbat contradiction to influence your judgment but to treat it as if you bad never heard Dalton . Dobbin will , in that case , be entitled to credit as if Dalton had never been examined , and vou will have to trv the question independent of this witness . His lordship then proceeded to sura up and comment upon tha evidence . In the course of his remarks , be admitted the legality of the rules of the Confederation and the irl League , but insisted strongly on the power which Mr O'Brien subsequently took of pursuing his object through the mediumofthe clubs Bis lordship thus concluded ; -And now , gentlemen , Ioommit this caso to your serious consideration . A high duty you have to discharge—a most laborious duty it certainly ls-ra painful duty it roust . be . if vou Bhould

    take an unfavourable view of the . evidence , before you . "I shall rejoice if seriously , sobarly , and " *©* soientiously you can come te the conclusion that the p risoner is not guilty ofthe charges' " alleged against him by the crown . ; but if , on the other' hand , seriously , soberly , and conscientiously yon think him guilty of these charges , there is no consideration that can justify any human being in tbat box in doing otherwise than that which the obligation of his oath demands . A Juror—Before we leave the box , I wish to ask

    your lordships one question . Suppose Mr O'Brien wished to escape , and in doing so made an attack on the police would that be high treason ? ' t Lord Chief Jurtioe—What I have to tell the ju » y is this—Ace * ding to Mr O'Brien ' s defence , the object he had in view was his personal security . Well , if that were his object , and his only object , there is no reason to say tbat he might not have mads his escape . But he ' never attempted to escape . These observations , however , ' must be taken with all the other considerations' of the case , and you will apply to them such weight as they deserve .

    Mr Whiteside—The question , as I apprehend the juror , is on a point of law . It is whether , if the only motive operating on Mr O'Brien ' s mind when he is alleged to have attacked the police , was to escape arresti would he be guilty of high treason ? Lord Chief Justice ( to the jury ) . —If the sole exclusive object ef Mr'O'Brien were to escape arrestif there were no general purpose involving that particular purpose of bis mind , then , ho matter what acts he might have committed , you are bound' to acquit him of hit-h treason ; but if on the contrary you think he had , in- addition to his personal object , a general purpose , such as effecting a revolution , a repeal ofthe union , or any other object of a political character ; and that'his acts were committed in furtherance of that object , yen must find him guilty of high treason . ' A Juror—I wish to know if the attack of Mr

    0 Brien on the police were made to resist arrest , and that he did not wish to escape , would that-be high treason ? The . Lord Chief Justice—The resistance to the police , by force or violence , no matter how . great , if carried out in furtherance ef the only object—personal seouriiy—would not be high treason , but if for the purpose ' of effecting the general object laid in the indictment , it would ba high treason . A Juror—The principal expression all through the evidence , as used by Mr O'Brien is , * protect meprotect me from arrest . ' ; The Lord Chief Justice—If yon believe that to hate been his sole object yon must acquit him , as I told you before .

    - Mr Whiteside suggested to his lordship , if it were not unreasonable , that he should' state to thejury the general object should be thee express object laid in the indictment : He was afraid the jury might be led away by tbe vague nature ofthe phrase . The Lord Chief Justice—Certainly ; but there is no general object in the indictment further than that levying war against the Queen , and the overt acts in support of it are there set out . The charge is quite general , and lam' afraid the indictment will not

    enable you the more clearly to understand it . ¦ Here some words , in a low tone , passed between the jurors and the bench , whereupon '; ' 1 Mr . O'Brien called out from the dock , I wish to bear what you say ; be good enough to speak out . ' Mr Justice Moore informed the prisoner that the court word ' merely ' giving . directions to the jury to take some refreshment before ' they retired to consider their verdict , as they would not have another opportunity of doing so .

    The jury then retired , and were absent for a few minutes , when Mr Solicitor General addressed a few words to the oenrt , and orders were therefore given to recall , them to , the box . They returned accordingly in no very agreeable mood apparently , each with asrae bread in his hand , and having remained there for some short time , ' were ordered to withdraw to consider their verdict . The judges then left the beach , and had not been gone more than a quarter of an hour when they returned , and at the same time the jury made their appearance in the box : The most profound silence prevailed . Every face indicated the . anxiety with which the result was looked for , but

    Thejury had merely come back to ask a question —Were ! they to find separately on each count , or were they to return a verdict On all five . The Attorney General—Will you inform them , my lord , that the sixth is withdrawn ? TheLord Chief Justice—You may return a general verdict of Guilty , or Not Guilty , on all the five counts The sixth is withdrawn , therefore upon it you will return . a , verdict of Not Guilty . .. i-The jury withdrew to their room , which was immediately off the court ; and a most anxious interval elapsed of upwards of ah hour . The hum of oonver sation in the court was low and subdued . Nearly every eye was directed to the dock where the prisoner stood , drawn up to his fall height ; with his gaze directed constantly but steadily , towards ; the door of thejury room . He conversed with his ; attorney ( Mr Potter ) continually , and was apparently as calm and

    collected as though life and fortune depended not on theiisue . "" ' About half-past five o ' clock the judges again en > tered the court ; and took their seats on the bench . A panic for afew momentsintervened > which was devoted to watching every movement in the direction of the jury-box . . The excitement' was most painful for those few moments , and all . the . audience were more or less , moved , . with the exception of the judges and the . prisoner , ' who . coolly leant forward oh the spikes in front ofthe dock ' . ' Thejury at last entered . ; they looked like men who had discharged a painful and weighty duty , and as the gloom of evening began to settle down upon the court ; , and threw its shadows over the mass of pale and anxious faces , the scene was one of great solemnity and power . The Cleik of the Crown ,, then called over the roll of the jury . Each man answered to his name ...- ,

    Clerk of the C rown—How say you , gentlemen of the jury , on the first count ) guilty er not guilty . ? The foreman in a low and agitated voice , GUILTY . ' : i , The word caused a perceptible , sensation in every corner of the court . Mr' O'Brien slightly nodded his head to the jury , and gave no other sign of emotion ' . The same general verdict was returned oh the other counts ; ' The foreman ( who held the issue paper in his hands ) said , in . tones , which were nearly inaudible— ' My lord , there Js a . recommendation from the jury . I really cannot read it . my lord . Would you read it ? Or will tbe , Clerk of the Crown read it for me ?' Mr Peddar tobk the issue paper , and read ' as follows : — ' We earnestly ' recommend the prisoner to the merciful consideration of government , thejury being unanimously , for many reasons , of opinion that his life should be spared . '

    : . The Attorney General having lqoked over the issue paper returned it to the crown solicitor ., , A verdict . of . 'Not Guilty ' , was ' entered on the sixth count ; The prisoner was then removed from the dock , and the court adjourned to ten o ' clock on Monday : ' I The prison van which contained Mr O'Brien was guarded by a strong body of police ; but there did not seem much , necessity , for their attendance .. About sixty poor people were , assembled round the court , half of whom wetewomen , and , but few of those assembled followed the van to the gaol .

    SENTENCE OF DEATH ON WILLIAM . SMITH 0 ! BRIEN . The judges took their places at a quarter past ten o'clock on Monday morning . : The court house , from an early hour , was . densely C rowded in every part , and great anxiety was visibly depicted on every countenance , as it was rumoured that Mr O'Brien was to be brought no for judgment . The only gallery vacant was that in which the friends of Mr Smith O'Brien were accustomed to sit during the protracted trial . That gallery was entirely ( impty , and formed a melancholy contrast to the other pqrtionS ; 0 f the court . ,

    ! The Attorney , General ( entered about five minutes after the . sitting of . the court : All eyes were directed towards that learned functionary , who said—My Lords , I have to move ' that in the casaofher Majesty against William Smith O'Brien the prisoner be called up for judgment . ; Chief Justice—Very well . ! Soon afterwards Mr Smith O'Brien made his ap : nearance in the , dock . His manly bearing , his calmness , composure , and firmness , as he stood in the front ef tne dock , were the theme of observation throughout the court . The Clerk of the Crown was about to read ovet

    The Ikish Trials For High Treason* On Th...

    tho indictment , and to 867 . what the prisoner had to say why sentence of death sfwnld i . ot be patscd upon him , when Mr Whiteside moved an niTes £ r > fjudgttisnt , ontwo technical grounds : —! . That the statute of Edward III . - , "n which th e- iudictnmt was framed , did not extend to Ireland ; and 2 . That tbe orirae of levying war against the Queen , where that was , as in the present case , a constructive and not xr actual levying of war , was , by the 11 th o f Victoria , taken out of the class of treaaeEe , and reduced to a felon / . Tho learned gentleman also asked the Court to reserve for tko consideration ofthe judges the question as to tha admissibility in evidence of the soeecbea made by Mr O'Brien in March and April , 1848 ; cf the meeting of tho 21 st of July , where Mr O'Brien was not pre-ent ; and of the contents fcucd in Mr O'Brien ' s portmanteau .

    f he Court overruled bsth objections in arrest of judgment , and with regard to the question respecting the admissibility of evidence Chief Justice Bladcburne said the court was so clear on the correctness of their previous judgment , that they refused to reserve them for the consideration of the judges . Tbe Clerk ofthe Crown then asked MrO'Briea what he had to say why the sentence of the law should not be passed upon bim ? Mr O'Brien said—My lords , it is not my intention to enter into any vindication of rsy conduct , however muoh I might have desired to avail myself of this opportunity ot so doing . I am perfectly satitfied with the consciousness tbat I hare performed my duty to mrconntry—that I have done enly that which , ia my opinion , it was tbe duty of every Irishman to have done , and I am now prepared to abide tha consequences of having performed my duty to my native land . Proceed with your sentence . ( Cheen in the gallery . )

    The Lord Chief Justice then proceeded amidst tha moat profound silence to pronounce the extreme sentence of the law upon the priaener , He said , Wfl . liam Smith O'Brien , after a long , painful , audi * borious trial , a jury of your countrymen have found you guilty of high treason . Their verdict wasaecompanied by a recommendation to the mercy of tha crown . Tbat recommendation , as is our duty , we shall send forward to the Lord Lieutenant , to whom , aa yon must know , exclusively belongs the power te comply with its prayer . It now remains for us to perform the last solemn aot of doty which devolves upon us—to pronounce that sentence , by which the law marks tbe enormity of your guilt , and aims at the prevention of similar crimes , by the exiraple

    and infliction of a terrible punishment . Oh 1 thai you weuld reflect upen that crime , and dwell upon it with sincere repentance and remorse . Oh . ' that yon wonld regret it as it is regretted by every rational being—that you wonld feel and know that it ia really and substantially as repugnant to the interests of humanity and the precepts and spirit of the divine religion you profess , as it is to the post tive law , the violation of which is now attended by the forfeiture of your life . The few words yon have addressed to tbe court , however , forbid me proceeding any further with this subject . It sow only remains for tbe court to pronounce the sentence of tha law . Here his lordship assumed the black cap , and , amid a silence at once solemn and painful , proceeded

    98 follows : 'That sentence is , that you , William Smith O'Brien , be taken from hence to the place from whence you came , and be thence drawn on a hurdle to the place of execution , and be there hanged by the neck until you be dead ; that afterwards yonr headeball be severed from yonr body , and your body divided into four quarters , to ba disposed of as her Majesty shall please ; and may God have mercy on your soul ! ' ( A profound sensation followed the sentence , and continued to manifest itself for several minutes afterwards ) The scene in court , when the sentence was announced , was very impressive ; many persons , inclnding the Attorney General himself , shed tears over this unhappy gentleman ' s fate , and the members of the court exhibited deep emotion .

    After a pause , several members rushed forward to the dock to take farewell of the prisoner . He shook them warmly by tho hand . His manner was calm . He left the dock with a steady step and smiling countenance , and was conveyed to the cell or waiting-room adjoining the dock . When the intelligence reached the streets that he had been sentenced to death , crowds of persons collected about the courthouse , and great sensation , was manifested . Several Women ran to the gates shrieking and throwing np their arms in violent grief . A large body of the constabulary , with bayonets fixed , were at once marched into the square before the court-house . The gaol van ( drawn by two horses ) was then admitted inside the gates , and the prisoner was placed in it . Tha vehicle was then driven to the gaol , surrounded by constabulary , and tbe prisoner reconducted to his cell . The excitement in the streets was intense and it was not till a considerable time had elaisea that it subsided .

    No day has been named for execution . It is the general belief that the recommendation of the jury will be acted upon by the government and that his life will be spared . No alteration will be made in the treatment or dress of Mr O'Brien at present , or until his ultimate fate is decided . However , the members of his family only are to have access to him .

    October 14, 1848 " Ffle Koftthatf Star. ...

    October 14 , 1848 " fflE KOftTHAtf STAR . ¦ ' ¦ A ^ - ^ v ^ ' -T ¦^^^^ ^ f ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^^^^^^^^^^^^ ^^^^^~^^^^ ^ —• — *— ' ¦ »»»» --- ¦ " ¦ ¦ - ¦ x ¦ ¦ ' ¦ 'i . — ¦ — - ¦ ' — ¦— ¦ i . ¦ ¦¦—¦ i—f— - _ . * - * iiwi ' ' **» t \ fUtM & WHkkMrmianmimur— " ~* r * r" ?*' \\ i \ m

    Trial Of Mr M'Manus. Terence Bellew M'Ma...

    TRIAL OF MR M'MANUS . Terence Bellew M'Manus was then charged with high treason . —Mr Butt . Q . C ., and Mr O'Callaghan appeared as counsel for the prisoner ; When called npon to plead , an application similar to that mad in Mr O'Brien ' s case , for a copy of the jurors' name * abd list of witnesses , was made by Mr Butt , Q . C-. to the court , but refused . An application was then made for a copy of the witnesses' names , on the back of the indictment . The Attorney-General agreed to give what was sought for as a matter of favour , bnt declined to give it as a matter of right , Mr Butt , waiving all technical points , was satufiedto take the names as matter of favour ; and , as such thiy were given to him . The jury list was then called over , and a jury sworn , the prisoner having just exhausted his challenges when that object was effected .

    The clerk then read the indictment , whioh contained six counts , with the same overt acts and tha same intents as those laid in the indictment against Mr O'Brien . _ The Attorney General , in stating the case to tha jury , said that the charge against the prisoner was substantially this—that he had actually , aud in fact , levied war agaisst the Queen ; and the question for their consideration was , whether tbe prisoner had taken part in the transactions which had occurred ia this country in the month of July last , and whether those transactions amounted to a levying ef war ? He believed he should be able to establish , to the satisfaction of the jury , that ah armed insurrection or rising did take place in this country last July , and

    that with respect to Mr M'Manus himself , the object of it must hare been general . Mr M'Manus was an Irishman , but resided in Liverpool ; unfortunately for himself he was in the habit ef associating much with persons who had assumed the denomination of Chartists , and tbe first evidence whioh he ( tho Attorney General ) intended to produce against him was , a speech delirered by him in Liverpool on the 6 th of June last . That speech he should produce , not as an aot of treason in itself , but to explain the subsequent conduct of the prisoner in the transactions here to which he should call their attention * On the day he had referred to , a meeting of perssns who were considered Chartists was held , to sympathise or assist those who were at that time in this

    country endeavouring to obtain a repeal ot the legis lative anion . The speech so made was reported by one of tbe constabulary who . was present at it , and the substance of it was that repeal should be carried by all means—that if it were not carried by fair means , there would ba a bloody struggle to obtain it , and that those who joined him in that bloody struggle which he anticipated would , aj a reward for so joining him , obtain grants of land in Ireland . That would evidently imply that the conquering or successful party would have the means of making grants of land . Mr M'Manus arrived in Dublin from Liverpool on the morning of the 25 < h of July . He could not undertake to give any evidence to show that any communication was made to Mr M'Manus in

    Liverpool which brought him over to this country , but he thought that on considering the events that had occurred here a few days previously , they would come to the conclusion that Mr M'Manus had come over expressly for ( he purpose of taking part , and a very active part , in the insurrection which just at that moment commenced iu this country . Tho speech to which he had referred as having been- made by Mr M'Manus at Liverpool , was considered of a seditious and improper tendency , and for that and other reasons was a pers ° n whose movements were watched by the constabulary . Accordingly , on coming over in the Iron-Duke Steamer , he was accompanied by apo'ice * man , for'the purpose of watching his movements and , perhaps , of arresting him on his arrival in Dublin .

    He brought with bin a tin case , marked with the ini * iiala of his same , lis must have perceived that ba was watched ; for ou quitting the steamer ho left behind him that tin case—it could not hare been ae * oidentally , for he said he should call for it , but he never did so . Upon that , pass being opened in the course of that day if was'found to contain a suit of military uniform—a green coat , green trow = erj , and a green cap , and a waistceat . He had heard it deposed on Mr O'Brien ' s trial that a club called the 'SS Club had an uniform of a similar description . There was nothing illegal ihaolub assembling in an uniform of that description , but he was not aware of

    aryoiroumatance that rendered it advisable or desirable that Mrl M'Manus should have brought this box with him ; . and it would appear , in the course of Mr O'Brien ' s proceedings , that ho wore a cap of tha same description as the one found in . the tin c & ae brought Jver , by Mr M'Manus . Immediately after reaching lubun , he again left . that city- Unfortunately for bim , the policeman who had accompanied him from Liverpool lost sight of him on his arrival , It appeared that he went to an hotel , which he was in the habit of going to when he was in Dublin , that he breakfasted there , and said he should return , but that he did not do so , and the next place he was seen at was either MuMnahoneorontheniarohtoBallingaRy . Tim

• Citation
  • Northern Star (1837-1852), Oct. 14, 1848, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/ns2_14101848/page/7/