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Northern Star (1837-1852), 7th October 1848, Edition 3 of 3, Page 8

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    • Cne ifiarfeetsfv
    • Printed brDOUGAL M'GUWAN, ot 16, Greet Windmill, street, Haymarket, in the Oity of Westmins er, atthe
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      •Worn: - - The Lord Chief Justioe Told H...

      i sine since his _arrest , for vhe _purpete of being proved r-his-him in eviienc * . . _ ,, » atte Attorney G . n _. _ra _* . _rec _^ H ulated aU the _eviJenee - _« tn _« to tue pmn » _ne _* a which b-s already been coo commented on id th , _conrsa of : the trial . He _adednded that there wa . l _™«^ _« * !___ he phe portmanteau _remained m the ¦• ¦» * "te aa _. _depTdepositedby thepri-onerto _C- « hel . It wa . peri _^ _it ofVcTl- _^ nBtHrei nteitdan ngtheperiod _^ _ouT of Mr O'Briea - . _possession _, bat that was a _lonrjonpnrdy fortoedecirionofthejory . _IrfJlrfJa-tiM BUckta-n-. eMi What _obserratioat bet be made oa the evidence of this document g txig been ta 'he _pjwrs-lon of Mr O'Brien , we are inwnninn that it cmnot be excluded from tbe

      cob-Itiomtion of the jury . Wn Wnitesid *—Tbea , my lord , I _mustappiy for the i cote contents of the portmanteau being stated to the T The authorities promised to give np the conof of the poitmaateau to Mr 8 n * lth O ' Brien , and ; ro _] $ roke thdr word . I have the letter to Hr O'Brien n nin my _p-rtsM'os . kf JUf _Jnst _' c * Bieckburne—The court cannot e Ae _Attorney _Sineral—I can only say on ths part _( CeCown— - ief _« ef Justice BUckbnroe ( to tbe Attorney General )—

      _asr-asnot go into this ; we are npon the question of _tspasper and we matt keep te it , e _Ce Clerk of the Crown then read tbe letter of Mr et < ei _Gavan Daffy , found ia the pirtmanteaa of Mr i Oh O'Brien . H * was tben proceeding to re * d a ofr of Hr Meagher ' s , _liheniae found in the porunanwl when he was interrupted by Mr _WMw-ide , _wte -edited to its being read , _uslaa it appeared that it Ld lid to the purpose of the alleged conspiracy , and _ibiiub-nHted to the _aonrt that it was bound to see setter it to related to the conspiracy . Having pe-1 Ud the Utter , the _Cttief Jastice decided that it should

      _sadead . toi'torney _General—1 have another document , my , tc , to submit to the _cenrt . _siebief Jusiice—What is it ! tttnttornej General—It is a letter frand on the perot ! of Mr Smith O'Brien by General M'Donald , when he at arrested : it purports to be from America . Ir Sir Smith _O'Brien _. _adaressing tbe court , said—I think _igtight , ay lords , in Justice to myself to say that I e ns beea in the haHt ef keeping _aboit me all _unwawered communications , till I had tint * , anaopporitjdtj to reply to them , and _therefore I consider it the sh _' _ght of _irjos'ice to make me _respoatlble for those ietpere . because they chance to be fonnd on my person _, man address from Philadelphia to Smith O'Brien , t & e & the 10 th ot lt * y , 1848 . _tigned Bobert Tyler , waa t « t * _ad In evidence . " nrne address from tbe Repealers of EnnUoorthy to Mr _Itiith O'Brien , _referred to in the speech ef the Attorney

      _leneral , was next given in evidencs . _Ihfhe Attorney _Gmerat—Thernxt documents we mean _igiva In evidence are those balloting papers which e re been proved . Uit Whiteside next _eonmltted that aa tba doceanents aindin _* hepO"to * ntean , _frornwMehTin & _vonrablsde . _itfcdons in reference to the case of bis client might be wiwn _. haa been received in evidence , the rest ofthe lepers fonnd in the trunk onght to ha read He asked a list ofthe _papera as a matter of justice en the part tithe Attorney General . _lAito-aey General— -If at _present the Crowa Solicitor ! a such a document _^ I will give It . If it be not here , rariH send this night _toDublinfor every paper of every _ittcriotiflQ fonnd . a Mr Whiteside—That ocght to have been done before _, uhad a letter from the secretary that he would do it . ¦ tr O'Brien ' s deeds , and hooka , and family papers , have erer since been kept from him , though there was a

      _promise to restore them . lAttornsy General—Every effort in my power will be t « d for the _pnrnt « e of giving the-a ta Mr Whiteside . I Ths At _oraey General then proposed to examine Mr miget , the government reporter , as to a speech d _* _lirtred by Mr Meagher , which he h » d been prevented from mag at first because he had not then sufficiently identiid Hr Meagher with the subsequent _proceedings . IHr Whiteside objected , on the ground that Mr Smith PBrien was no : ta he _affected by Mr _Meapher ' s

      seeches . ' The Attorney General weal * , not press the speech , _ieonly asked for it because he had alluded to it in his ipening statement . The application was then withdrawn , and the case for he Crowa was closed . Tne court then _adjoonud at half-past sir . On the reassembling of ths Conri on Wednesday owning , after some preliminary questions had been _Ssposed of . Mr Whiteside tben commenced bis _adiress on bealf of tha prisoner , by _a * ating that __ he never was we eonscjoas of the solemn responsibility that _derived npon him than upon that occasion , and that I would have been more grateful to hia feelings if

      Ir O'Brien had selected a more worthy and talented _ounsel to defend him . With reference to tho _comlosition of the court and the jury , he asd his client -ere satisfied , aa far as the judges and tbe membera f tha jary were personally concerned . It waa the aw under which the jary were selected of wbioh bey complained , and not the men . * 1 am content , ' aid tha learned gentleman , * with my tribunal , my client is perfectly eatisfied with his jury , and I avow openly and publioly , that whatever may be tbe result , neither tbis maligned gentleman , nor the _Emmble counsel who addresses yon , will ever breathe a word ef objection to your decision . after commenting on the circumstances adder whieh ihe law not Dobbin the approve ? _bafew them , and

      Ae absence of knowledge of his character , he _preceded to lay down in an elaborate and perspicuous _nanner , the law of treason as enacted in the reign of idward the Third . ' The people of England , crashed y the intolerable oppression of the former law of tigh treason , determined thatit should be expressed _s it ought to be in a land of freedom , with distinctess and precision ; and in the parliament whioh rem that day haa been described as b _^ enedictMmparlia _tentum—the blessed parliament—the law was passed nder which yoa sit to decide on my _olient ' a life . ? aat is that law , and what ia the simple exposition iven of it by onr greatest authority—Lord Coke ? _ftere is no difficulty in it ; it 13 very simple and clear t is always to be considered that decision * , bave bees

      lade on it since that not only contradict ita -iter bnt its spirit , and which sometimes defy ia ingenuity of man to _comprehend . I shall efer yoa to the third Institute , where Lord lake defines what iB treason . He says , ' the King , s the request of tbe Lords and Commons ! , baa made , ith regard to what is treason , a declaration aa foU ) wb : — ' When any person does compass or imagine ne death of the Lord the £ ing , or the Lady the _tueen , or the eldest eon and heir , he ia guilty ot reason , ' Now what do yoa think the framer of that ict of Parliament meant f He intended that if a _lanehiuld resolve , imagine , determine , or compass ie death ofthe King , or of the Queen , or of their tdeit son and heir , all of which might be proved by

      ie same evidence , he is gnilty of treason . If a man ivy war against the King in bis realm , or adhere to ie King ' s enemies , & c ., he ia gnilty of treason _, ba words ofthe act expressly excluded all inference nd implication whatever , and the words are that be offence mnst ba direct and plain . Having quoted ¦ ud Hale in support of Mb view , and illustrated L by the case of the Earl of Essex , the favourite f Elizabeth , who was pnt to death for compassing o Belie the ' Qaeen , the learned counsel said : "hen comes s passage ut a few lines , to wbich I reaeat yonr particular attention . Words , unless emmitted to writing , are sot overt acta within his statute , because they are easily subject to be ustaken _, or misapplied , or _miennderstcod by the

      earers . There is a note on that which explains it tore folly . That was one of the reasons , fiat nother of the reasons was , because a man in a _assion or heat might say many things that he ever designed to do . The law therefore required iat in a ease of se nice a nature the reality of the itention shonld he made apparent by tbe doing of ime act . That appears , gentlemen , so wise and _Msiitent with the laws of a free conntry , that ao ne can deny the accuracy of it . Then there is hat is called the doctrine ot _oonstrootive treason , I which the following illustration is given - —Hotpur ' s father , tbe Earl of Northumberland , marched large army , bat it was doubtful whether it was lis intention to assist Hotspur or the Sing , became

      rhes he heard of hia son ' s defeat he marched back gain . Tbat wasbeldnot to betreason , because the reasonableintentwasnotmadeont by the overt act . " he weaver ' s case was another illustration . The acts of that case were these : —The weavers , of Lon-Ion , conceiving that the _introdnction of machinery tad militated against tbeir interests , first attempted o get a law to suppress it , bat failing in tbat they igreed amongst themselves to rise and go from boose o house and destroy those engines , and _consequently they assembled in great numbers , and did in be most violent manner break open the houses of ? any of the King ' s subjects in whioh these looms -ere , took them away , and haviag made great fires bey destroyed them ; and that system was not

      • infined to one plaoe , bnt extended to several _conniss—to the counties of Middlesex , Kent , and _Snrey ,- and it happened that at one place wbioh they ttacked they were resisted , and one person was . tiled , and many were wounded . Several proclama iona were made against these marauders by tbe hows , notwithstanding which they proceeded in heir lawless career ; thev persevered , resisted the _iraekmatbms , aod insulted the officers , assanlting hem with staves , dabs , and sledges . Tbere was aother evu attending the _insorrection , namely , that he offieew of toe law and the militia stood

      _listsssly looking on , whilst the houses ot their _neighbors wera being racked , and matters continued is hat state till the King ' s guards were called out to [ aell the disturbances . The qaestion , gentlemen , hen arcs * whether those acts were treasonable , and ire _jadges wera of opinion that they were , and five adges were of opinion that they were not , and , _mongstthe latter , was Lord Hale , who maintained _iwtitwasan 'enormous riot f and of course it was ¦ xtending ai it did to five counties , bat tbat it wai lot a levying of war against the King , because perioaa' acts were the objects to be accomplished and lie result of that decisien was that the Attorney

      •Worn: - - The Lord Chief Justioe Told H...

      General abandoned the charge of treason , and proceeded forriot against them , and the result was th * t many were convicted and neat fines imposed on them . Judge Foster had dwelt on the care fiat ought to be taken in deciding on what were overt acts of treason , aad mentioned the case of the ' rep _^ _u _tr- wh _^ _rc t" _** for ' compassing the death of the Jting , ' and tne overt aot charged against them was , that they cut off the head of his Majesty . ( Laughter . ) That ( continued the learned counsel ) was a very plain overt aot . I now wish to draw your _attention , gentlemen , tothe language of tbe same learned judge ( Rater ) wben he comes to consider the words spoken . Re says :- « AB to mere words spoken , and supposed to be treasonabletbey differ

      , very mu ch from acts ; they are often the effeot of mere heat of blcod , which in some natures carries men beyond tbe bounds of reason , and are moreover liable to misconstruction . ' Over and over again the same learned authority repeats the same opinions , and before be dismisses the subject he says . 'Words are transient as the wind , the poison diffused by them is confined to mere hearers , and tbey are easily misunderstood asd easily misreported : ' and alluding to the same subject , Lord Coke says 'that divers _ac * s of Parliament made words spoken high tresson , bnt they are all repealed , and it is commonly said that bare words may make a heretic bat not a traitor . ' With respect to the levying of war , quo animo , tbe case of Lord George Gordon , and the nuts

      and _detraction of property in London that occurred ander his auspices in the reign of George the Ihird , was cited at length . Notwithstanding that destruction of property and the attempt to overawe parliament by marching down 50 . 000 men to where itwas sitting , Gordon was acquitted aa to treason , bat convicted of the lesser offence . After narrating the cases of _Watsoa and Frost , Mr Whiteside contended , from decisions made in the last named , that the prisoner was not bonnd to explain-as he bad been called upon by the _Attorney General to do—any part of his conduct ; that he was not bonnd to show what was tbe object , er purpose , or intention of his acts ; and saoh had been the opinion of Chief Jastice TyndaL whose conduot on

      that occasion was a model of judicial propriety . The Attorney General in the present case , called on bim ( Mr Whiteside ) to explain , on tbe part of tbe prisoner , certain documents and speeches , bnt he woald ask what constitutional law ever called on the prisoner to explain anything . They must first establish bis guilt , on clear and unequivocal evidence , before they called on him for any explanation , but in doing so he begged to tell the Attorney General , that he mistook tbe law of wbich he was tbe first officer . In the case of Frost a similar proposition was made by the counsel for the prosecution , bnt Sir _Fitzroy Kelly protested vehemently against Buch a doctrine . Fron ' e case was peculiar , however . It was not a chance meeting with the Queen ' s troops npon the

      highway . He was at the head of an enormous party , and marched into the conntry town where the officers ofthe army and the magistrates were assembled , with that boldness wbioh characterised the people of that country when they did rite A magistrate was shot , and several persens were taken np and tried for high treason , and the Lord Chief Jastice held that the onus lay on the prosecution to show the motives and intentions of the prisoner . It wai delightful to hear the law stated in that moderate and agreeable manner . The defence on tbat occasion was , that the objeot of the movement was to produce the liberation of Vincent , a broher Chartist , who was confined in gaol there , and they determined to make such a demonstration

      as would induce the magistrates ta give hint ap . This , although a very serious crime , did not amount to high treason , and it was shown satisfactorily to bave been the real object of Frost in marching into the town . He would now beg to oall their attention to the subject matter of indictment now charged against Mr Smith O'Brien . It oharged him with having proceeded with an armed foroe , and specified varioas acts whioh he had committed between the 17 th and 30 th of July . The 6 th count charged bim with killing the Queen , or _comparsing tha Queen ' s death , abont whioh he bad as much notion as killing the Great MoguL ( A laugh . ) They were told by the Attorney General tbat the events and transactions referred to covered the last

      week in July , and that that was the period to which the jury were to apply their minds bat to his great surprise the learned gentleman went into a detail of previosa speeches and occarrences . with whtoh be was endeavouring to associate what had since taken plaoe . Tbe evidence of Mr Hodges deserves speoial notice on this ground—that if there be one thing mora odious in the law than another , it is the attempt to make ont tbe guilt of treason by what is called cumulative evidence ; _thatis to say , by heaping up a mass of speeches , ef whioh one speech is not _treassn , nor another , nor another , but that by taking the effect of the whole together , you may possibly make oat the guilt of tresson , although , as it was wittily answered by an advocate at the _Eneb ' ab bar .

      when this law was laid down—he did not know that 200 black rabbits would make a blaok hone . ( Laughter . ) I admit the accuracy of _tbespeecheaas reported by Mr Hodges . That he reported tbe speeohes faithfully and truly is beyond a donbt . Tbis English reporter I do not believe wonld wilfully falsify a single letter . In his doss-examination he told me that he could not undertake to report speeohes a Qonth after tbey were spoken , if be had not taken notes at the time ; that it wonld then be a tissue of misrepresentation and mistake , He Stated that be had previously proved two of these speeches in a former trial for sedition . Now , stop therefore a moment . When these speeohes bave already been prosecuted for sedition , I admire the wisdom of the

      _- first law officer in prosecuting these speeohes how on a charge of treason , when , all his wit and talent bad failed to convince a jury that that they contained sedition . Mr Whiteside then _procseded'togive an oatline of Mr O'Brien ' s publio life and politioal views . In 1843 he delivered the speech whioh I now hold in my hand . It was when he entered the original Repeal Association , on whioh occasion he made a statement of political creed . Mr O'Brien was not up to this period the personal friend of the late Mr _O'CoBnell . On tbe contrary , there had been some political differences between his family and the late Mr O'Connell relative to some election proceedings in the county of Clare . But it shows the peculiar nature and disposition of Mr O'Brien that though he

      wasoutoftheconntryatthetimeMr O'Connell was tried , yet at this time , when he was in difficulty and peril , Mr O'Brien came forward to give him hia support , which he had not given before , and he entered into the Repeal Association . He wrote a latter explaining bis reasons for taking this step , and he stated bis object was to obtain—what ? The restoration of a national Legislature , If I do not demonstrate that every aot and speeoh of Mr O'Brien ' s was directed to this endwhy , then , find a verdiot againat him . He did net approve of all Mr O'Conneli ' s actions or speeches . He stated at the end of his letter that he would not engage in any secret association , or engage in any aots of violence . He would not iay that so extremity wonld justify the resort to physical force :

      bat that the man who adopted any measures which had led to the less of the life of a single human being , incurred a fearful responsibility , and that a month of civil war wonld involve in fearful miseries all classes of the population . Those were the original opinions of Mr O'Brien , The Repeal _is-Eccutionrarjeistedupto the time ofthe formation of the Irish Confederation in the month of May , 1846 . You may remember that on the advent of tbe present Government to power , they thought fit to restore Mr O'Connell to the cctnmission of the peace , bat Mr O'Brien ia left ont—aad I will tell yoa wby ; Mr O'Connell had considerable party infiaence , whioh he gave tothe party that complemented , and toasted , and feted him . Bnt Mr

      O'Brien continued to vote against every measureno matter by whom brought forward—which he thought was wrong . But _twenty-two magistrates of the county of Limerick demanded from tbe Lord Chancellor on what ground Mr O'Connell was restored , while Mr O'Brien , who had shown so muoh sea ) , and knowledge , and ability in the administration oi the law , was left out The answer to that was his restoratien to the cornmis-ion of the peace . The rise of the Repeal Confederation took place in thia war . A moat extraordinary discussion was raised about moral and physical force . The troth was , Mr O'Brien wanted to put an end to hnmbag , I tell it you in plain terms . He objected to men agitating in connection with the Government .

      Men who agitated with great skill , and took care to prevent the agitation from going too far , while they took care to . get good places for themselves . Some men were prepared to accept places from the government , to receive the incomes , and to apply those incomes to the maintenance of that agitation , which wasted the re * _sonrots and blasted the fertility of tbis country . Mr O'Brien said , that course will never do . ' Ah , ' they answered , ' whatanimpractieablepoliticianl '' Yes / said Mr O'Brien . 'I am in earnest ; and as a test of yonr sincerity , I oall npon you to begin with displacing Mr Sheu from the representation of Dongarvon . ' 'Oh , 'they exclaimed in chorus , 'that is out ofthe question : Mr Sheil is our personal friend . ' Mr O'Brien said , ' I am in earnest in believing that a local legislature woald be a benefit and a blessing to tbis country , and if a gentleman differs from tbis

      coarse , who is your personal friend , that is an additional ream for rejecting him ; ' They refused this _reqaettpoint Wank , and they got up then the _disussion about physical force .- Mr 0 Brien said , ' Idon't want physical force , but I will not say that no circumstances could arise to justify as appeal to it . Gentlemen , that is the doctrine wbioh has placed their lordships on the bench and the Queen upon the throne , and I pass every year of my life on circuit a distriot where that doctrine is still held in reverence—where a race of bold aBd resolute and loyal men gathered round King William , who conquered this country into happiness and peace . It was under these _cinmrnstanoes tbat this Confederation was formed , and oneof then * leading resolutions was , that Ireland was to remain under a looa Legislature , nnder the sway of tbe Qaeenl That , surely , was not the intent ef a re-

      •Worn: - - The Lord Chief Justioe Told H...

      volutionary madman , wbo desired to kill the Qaeen , or to deprive her of any portion of her dominions . After stating Mr O'Brien ' s opinions on several publio questions , his support to Lord George Bentinck s proposal for an advance of £ 16 , 000 , 000 for railways in Ireland , and the attaok apon him by the Old Ireland party , the connsel contended that the rules of the Confederation drawn up by an eminent counsel were legal . With respect to Mr O'Brien ' s speeoh in whioh he alluded to a National Guard , he supposed that muoh reliance was plaoee upon it . Now I refer to that beoause I bave a parallel oase . About twelve or fourteen years ago the present promoter in this case—Lord J . Russell-entered into a career of agitation for parliamentary reform . There wasa

      political bfidy in Birmingham , one ofthe resolutions of this body—to which Lord J . Russell _wfttehit memorable letter , saying that reform was not to be pnt down by the whisper of a faction—one of these resolutions was that they should have a National Guard . His lordship has written an essay on tbe British . Constitution . I will not compliment his lordship ; it falls short of tho masterly argument of Foster , or the deep thoughts of Hale , _Btillit ib clever and learned , and he folly argues the question—the right of revolution . HiB lordship wrote a letter to a body which had threatened to march 160 , 000 men upon London , ay , and they asked a living man to take the com ; mand of them . I won ' t say that Lord John Russell did so , but certainly he was asked on the day oa

      whioh the first reading ofthe Reform Bill was rejected by the House of _Paera—aninstitution , let me say , more ancient than the Honse of Commons , and without whom the floodgates of democracy wonld ere long overwhelm every institution in this landon that day the prosecutor ia this case wrote the following letter : — ' To Thomas Attwood , Esq ., Birmingham . Sir—I beg to acknowledge with heartfelt- —' The Attorney General . —I beg pardon , I am not aware that this matter is at all relevant , nor do I see the necessity of it . I ask whether the learned counsel means to make evidence of tbis alleged letter ? It don't occur to me that a letter alleged to have been written by Lord John _Ruroll twelve or fourteen years _sgo can have any bearing on tbis oase . It is

      for yonr lordship to determine upon its admissibility , and I ask you not to allow it . I did not interfere with his quotations from Mr O'Brien ' s speeohes . , MrWhltsBite . —No thanks to you for that ; Mr Attorney . Do not accept thanks for that . _Yoft oould not prevent my reading them . With respect to this oase , I have only to state that in the case of the . King against Frost , which wa 9 tried before three jadges equally learned with yonr lordships , this letter was quoted , and there was no objection or Interference on tbe part of the Attorney General of that day : and I assure the Attorney General he is quite mistakenif he thinks to stop my month in defending thia gentleman ; The Attorney General . —I do not wish to stop any gentleman ' s meutb . Mi Whiteside ;—This is matter of history .

      Chief Justice _Blaokbume .-Mr Whiteside _u not reading tbis as evidence , and as a historical matter it may be referred to . Still we think the more generally he does it the better . Mr Whiteside . —Oh yes , I mean to do it very generally . The question is , whether the association to which-Mr O'Brien belonged meant to accomplish the repeal of the Union by the formation of a national guard . I believe tbat is the strongest- passage in his speech , for it refers to physical foroe . Now here we bave the account of a revolution taking place in England , taken from a journal conducted with great talent , bat which I regret has written in the cause now pending toomuoh against the prisoner . That journal , which is now writing of you and of me , and whioh is exhorting the eourt to overrule the quibbles raised by the counsel for tbe prisoner —tbat _jooraal—I refer to the Tims of Ootober , 1881

      Chief _Jaitioe Blackburn ? . —These _refersnees ought to bs vary general . Mr Whiteside . —Oh , yet , my lord , quite general . Bat we have here abundant referenoe Us armed forces , to the overawing of the House of Lords , to boroaghmoagerlng , to the Bill ef Rights , to John Hampden , to ths right of the people to arm , which no one disputed , and a gentleman who afterwards became Lord Chancellor it spoken of ae in good fighting order . ( Laughter . ) Then we have a colonel who _teaobei the people how the house * hold oavatry - « to be resisted , To prevent mistakes , this is net the gentleman to whom I have already al .

      laded . But Colonel Jones stated that If the household troops were called oat , he would place himself at the head of the people to reifit them ; if the artillery were oalled out , he would show the people how to take every _gnn . Then we have thia short letter , the words ofthe _Pirst Minister ofthe Crown , to a body who had threat _, ened to march 160 , 000 men on the metropolis , showing tbat he assented to their views . I do not use this letter in a scoffing spirit to a gentleman of high rank , who is now Firat Minister of the crown ; I do It to shew the opinions of a gentleman who has written upon the constitution of England , which he states h » s been _mealded by the verdicts of Juries . This is tbe letter : —

      ' To Thomas Attwood , Esq ., Birmingham . ' Sir , —I beg to acknowledge with h ° artfett gratitude the kindness now done me by 150 , 000 of my fellow countrymen . Our prospects are _obsoured for a moment , and I trust only for a moment ; for it is impassible that the whisper of a faction should prevail over the voioe of a nation . ' What is tbe whisper of a faotion 1 The deliberate opinion of shorn * whioh contained tbe names of Wellington , and Nelson , and Marlborough—a house whioh has existed for ages . Now , 1 know the argument tbat will be used on the otber side of the Channel , An Englishmen will tell yon that the conduot of ths people of Birmingham was perfectly right , bat that it wonld be the most vulgar thing in the world to apply it to Ireland . ( Laughter . )

      The Attorney General stated ia hie openieg that one course ef the coaipiraoy was to get up seditious newspapers , bat he has utterly failed to prove it . Hy olient did not write a single line in the newspapers , he was not proprietor aor a contributor to any one of them , and between one of the proprietors and Ur O'Brien an open , public , aad violent quarrel took plaoe , which ended in Ur Hitohsl _oeasing te be a member of the Confederation wbile Ur O'Brien remained . Alluding to a speech at the _Musio Hall on the 19 th July , he said : —Mr O'Brien in his speech says he has been meeting large popalar assemblages , bat did that shew ho was guilty of treason t

      tt was par > of the policy of tbe late lit _O'CoantU to have simultaneous meetings throughout the conntry , and Ur Wyse , ink's history of the Catholfo Association , says they were tht best inventions ever theugbt of to get liberty for the Catholics , If that be se , it ls no ground I submit on whioh to coaviot a Protestant of high treason _. New I will put it te the brave hearts of the jury : will they take away the life of Smith O'Brien beoause he ex . pressed himself more temperately , more moderately , more discreetly , and more mildly than tbe men bave done who placed my right honourable _ftleadla the offioe which he new holds . I admit , with great oredit to him . self—( expressions of approbation 1 )

      Chief Justioe Blaokburne—I must say that any . intlma . tion of feeling will be repressed by the court . Ur Whiteside—In that speeoh Ur O'Brien expresses his _opiniea on the poor-law , aad with reference to the _franoklse Bill , and deolares Ms apprehension that their tenant tight will be filched away from the Protestant aad Catholio tenantry of Ulster . He need give himtelf . no trouble about the yeomanr * of Ulster . They will net lose their tenant-right . The bodies do not exist that will take it from them . And I ask , Is a member of parliament for making that speeoh to be sent to the _scaffeldl I tell yoa that If yoa iay so on that speeoh , yonr names will go down to the remotest posterity stamped with eternal infamy—( expressions of approbation , bat almost instantly suppressed . ) He then earn * to Hr O'Briea ' * departure from _Dablls , on the badness ef the insurrection , as the Attorney

      Central insisted ; but a- he would show in evidence , his leaving town wss altogether unconnected with _fobemes of rebellion ; he left Dublin to visit a friend , and while at that friend ' s bouse he heard ef the suspension of the Habeas Corpus , also , whether truly or falsely at tha moment was not the qaestion , that a warrant was then oat for hit apprehension ; and all his sabiequentoondaot was to be explained by that one _elreumstanoe ., After ha heard of a warrant being listed far his . arrest , be avowed that Ur O'Brien took measures to prevent hie capture . According- to the law of treason , a man resuiting hie own capture might be guilty of a _flsgitlous aet _, _3 rat It could not be made high treason . And _thli was the entire cue here . After _continuing his address for upwards of seven hours , the learned _oeuniel applied fer an adjournment , which the eourt at onoe acceded to , and tbe proceedings terminated at half . past rive ,

      G .^Fl| N O.Rt^Rer^ . October 7, 1848.

      g . _^ fl | N O _. _RT _^ _RER _^ . _October 7 , 1848 .

      The Chartist Victims. We Are Glad To Fin...

      THE CHARTIST VICTIMS . We are glad to find that the friends of the viotirns are _bestiring themselves in the laudable endeavour ol pmiaJBg for thoir wives and _famUies _, and tbat for tou object the Strand Theatre has been taken for Friday night , October 13 th , when _Shakspeare's tragedy of King Lear , and otber entertainments will be presented , and MrS . Kydd will deliver a pro-Iogue suitable to the occasion . We trust that this and similar means will be _adoptsd for the purpose of presenting eaoh of the wives of the viotirns with

      a sufficient sam to enable them to _Bopporf their fami ' lies by some industrial business or _employmentwhioh _rnnst _^ be more consonant to _tbeirfeeliui than subsisting upon eleemosynary charity—mors congenial to the independent spirit of _thevtotimsmore honourable to the Chartists as a party-and the _bwt _meaas that oan be adopted to brant tht waspish sting ef Whi ggery . _a _^ _W" _^ ., _- _' London , who rallied on the 10 th ef April . Will you support tbe viotirns to your principles ? Your answer must bs given on Friday night next . ¦ - » - ¦¦

      Bimxo».-Ata Meeting Of The Bilston Brano...

      BiMxo » .-Ata meeting of the Bilston branoh it was considered necessary to hold » delegate _mesting ( at the house of Mr Joseph LW the Malt Shovel , Bilston , to nominate delegates to the Unference _. the meeting to be held on Sunday , the loth instant , at one o ' olook preoisely . The following places are requested to send their delegates - —Birmingham , Smethwicb , Oldbnry , Dudley , _Wednesbury , Walsall , Wolverhampton and Bilston . '

      Bimxo».-Ata Meeting Of The Bilston Brano...

      CONCLUSION OP THE POWELT PLOT . .

      TRIALS AT THE OLD BAILEY Saturdat , Sept . 30 . —Mr Baron Flatt and Mr Justice Williams took their Beats en the benoh at ten o'clook . r ¦ . Mr Baron Flatt then proceeded to sum up the evidence , and to direct thejury . When an Aot of the Legislature changed the name of a crime in the nature of its punishment , it was their duty to see that it was carried eat wisely and properly , and to bring to the consideration of tbe entire oase minds wholly unbiassed by any prejudice . If they bslieved from the _evidenea that the prisoners intended to subvert the constitution as by law established , they must find them guilty of the heinous offence imputed to them . The learned Baron then read the evidence adduced daring the trial ,

      commentin g upon portions as he went along . The task occupied , as may be imaginodi a considerable time . With respect to the part played by Powell , he said it was not likely that he was a silent member of the conspiracy ; he took upon himself a task , to sustain which , it was obvious , that he wai obliged to aot as a member , both in word and deed , in order to blind the other members . Their own experience in life must tell them that this was the course whioh a man would naturally adopt under suoh circumstances . He did not ask them to look at that person ' s evidence without distrust , but if his story was corroborated by ether aod independent testimony , so as to leave no doubt tbat it was not only nrobable , bat strictly true , it would become their

      painful province to nnd the prisoners guilty , lie did not think the government to blame for availing themselves of his-testimony , and he did not think the prisoners couldcomplam of it . It did not follow beoause a person was in tbe habit of lying among bis _sbopmates that his testimony was unworthy of belief when given on oath in a court of jasticethe more especially since he had no objeot to gain by coming there to deceive them . This led him to call the attention of thejury tothe way in whioh one of the witnesses—one of Powell' s _shopmates—gave his testimony . He gave bis evidenoe with muoh flippancy , and repeated the blasphemous expressions said to be used by Powell with a smiling face , whereas no person of well regulated mind could repeatsuoh imprecations except with a feeling of shame and disgust . The learned baron concluded reading the evidenoe at half-past three . There waa one portion of the evidence upon whioh he had not heard

      any discredit thrown . He meant the evidenoe showing tbat the streets at the proposed meeting places and the coffee-houses were crowded on the evening of the 10 th . If tbey had any reasonable donbt , of course tbey woald give the benefit Ofit to the prisoners ; but on the otber hand , if thoy thooghttbem guilty , he was satisfied thoy would not hesitate to discharge that duty—a duty important alike to themselves and to their country . The learned judge concluded his address at a lew minutes to four . Mr Kenealey , in the course of the summing up , the jury having retired for the purpose of taking some refreshment , applied to the oourt to reserve tbe points he bad raised in the course of Bowling ' s trial , upon the subject ofthe challenging of the jury , and the inadmissibility of a portion of the evidence . He founded bin application upon the recent statute for the more effectual administration ofthe criminal law .

      Baron Flatt said , he really did not see bow the court oould entertain suoh an application , made by a learned counsel two or tbree days after , a trial before another learned judge ; Mr Kenealey said , he apprehended this waa the yery objeot for whioh the act was passed , and it exprestAy nsed the wordB after trial . ' Baron Flatt did not think the aot intended that snoh an application should be made to another judge who knew nothing of the oase . He understood that Mr Justice Erie had heard the points argued , Md overruled them .

      Mr Kenealey . —Am I to understand yonr lordships refuse my application 1 Baron Platt , —Certainly . Before the jury retired , Cuffay addressed the court , and said , ' My lord , it waB said in course of the oase that my son was present when Tilden came to my house , and tbat be ought to have been oalled . Now I beg to say , I never had a Bon , and , therefore , I ould not call him . ' The jury retired at five minutes to four o ' olock , and at five minutes to five they again came into court , and the prisoners _Cuffsy _, Lacey , and Fay were placed at the bar .

      The names of the jury having been oalled over , and Mr Straight having inquired if they had agreed npon their verdiot , Tbe foreman gave a verdiot of GUILTY against all the prisoners upon the whole charge . The prisoners did not appear at all surprised at the verdiot , and did not manifest the least emotion . Baron Piatt tben ordered Dowliog , who was _oenvioted on Monday , to be sent for , and he was placed by the side of the other prisoners . Caffay said he wished to have hia property restored ; he meant the banner . It did not belong to him , but he wished it to be given to the person whose property itwas . _,- ¦ ..- ¦ Baron Platt told the prisoner that bis conviction bad divested him of all property . He , therefore , conld not make any olaim to the banner , bat he had no donbt if it belonged to any other person it would be given up . . . Cuffay next applied to have his letters delivered up , aa he said they might be UBefal to his wife .

      Baron Piatt said be bad no _deubt there would be no objeotion to this being done . Mr Straight then oalled upon the prisoners , in the usual form , to state whether they had anything to urge wby judgment should not be passed upon them according to law _? Fay . —It must be evident to everybody that Powell was committing perjury in all he stated * It is useless to say any more . Djwling . —I only desire to repel the charge tbat was made against me of acting with daplioity towards the Chartists when I joined them . It ! is not true ,

      and I never concealed my real opinions , and had no desire to use them for my own purposes , as was stated by the Attorney General . I was not influenced by any desire for martyrdom or notoriety , and I only sought the good of my country , and waB actuated by a feeling of patriotism . Tyrants may deelare patriotism to be felony , but they cannot make it felony . I have nothing more to say . Having delivered this address , Dowling leant his baok against the side of the dock , apparently indifferent to the subsequent proceedings .

      Lacey then addressed the oourt . He said—Al though I certainly approved of the six points of the Charter , I never had the slightest intention to carry them out by violence , and it is well known that I frequently expressed the opinion that the Charter would not have any good result unless it was accompanied by otber social and moral reforms , Cuffay then addressed the court . He said—I say yoa have no right to sentenoe me . Although the trial has lasted a Ion _* time , it haa not been a fair trial , and my request to have a fair trial , to be tried by my equals , has not been complied with . Everything haa been done to raise a prejudice against me ; and the press of this country , and I believe other countries , too , have done all in their power to smother me with ridicule . I ask no pity—I ask no

      meroy . Fay , in a violent tone , and striking the frontof the dock . —No more do I . . .... Cuffay told his fellow prisoner to be quiet ; he would only increase his troubles by violence , fie tben prooeeded : I expected to be oouvlcted , and I didn't think anything else , bat I don't want any pity —no , I pity the government , and I pity the Attorney General for convioting me by means of suoh base characters . The Attorney General ought to be oalled the Spy General , and using suoh men is a disgrace to the government , bnt they only exist by such means . I am quite innocent —my locality never sent any delegates at aU , and I had nothine to do with the luminaries , I have a right to oomnlainof the other spy , Davie , being kept

      back till the last moment . As to my having a loaded piste ) , I only carried it lor my own protection , as my life had been threatened . This , however , is what I have always expected . I always thought it would como to something like this . I am not anxious for martyrdom , bat after what I have endared this week , I feel that I could bear any punishment proudly —even to the _soaffold . This new Aot of Parliament is disgracefnl , and I am proud to bo the first viotim of it , after the glorious Mitohel . Every good act was set aside in Parliament—everything that was likely to do any good to tho working classes was either thrown out or postponed , bat a measure to restrain their liberties wonld be passed in a few hours . I have nothing more to say .

      Baron Platt : Prisoners at the bar , William Dowling . _Willfom Lacey , Thomas Fay , and William Cuffay , you have been tried by two juries of your country—yon , William Dowling , by one , and the other _priBsners by another ; and they have arrived at tbe only conclusion that oould be come to by twelve upright and reasonable gentlemen upon the evidence that had been adduced before them—that you were gnilty of the offences with whiob you were oharged , There oan be no donbt—it is quite clearthat you intended to levy war against the Queen , to comnel her bv foroe and arms to alter her counsels ;

      and , with regard to you , William Dowling , it is evident that your objeot in joining with the others was to dismember the empire , and separate Ireland , by force and arms , from this oountry . What right had you to set up your understanding against the experience ot mankind , and the result of ancient wisdom ? You have chosen to call that whiob tbe _constitution of the oountry has branded aa felony—patriotism . Was it patriotism for a number of people to conspire in secret and endeavour to carry out the misery , wretohedness , and spoil projected by them at their meeting on the 15 th ot August 1 Could it be said tbat devoting a peaceful oity to flames , destroying

      Bimxo».-Ata Meeting Of The Bilston Brano...

      innocent citizens , taking possession or the government by force and bloodshed , was patriotism ? Tbe law said tbat snoh acts were acts of felony , and nothing could be mere olear than that they were so . It is lamentable to find that persons of education , apparently possessing feelings of manly energy and independence , should have lent themselves to such proceedings with suoh a desperate objeot . The jury have found that you were guilty of the crime laid to yoor oharge , and no one who has heard the evidence oan doubt , after the proceedings at the meeting on the 15 th of August , tbat yoa intended on the following day , when tbe _shadesot night _descended upon thie

      metropolis , that a scene of murder , firing , and rob bery , shonld have filled this unhappy oity , and tbat you intended to have assumed the government of tbe country , and have governed it as you pier : :. ; i . Yoa have been convioted of this most dsnng defiance of the law ; and the oourt would not be doing its duty either to the law or to tbe country , if , when such an offence was dearly established , it did not make a most severe example of all thO : e who were brought within the pale of the law . i therefore feel it my duty to order that you bs severally transported beyond the seas , to suoh place as her Majesty , by the advice of her Privy Council , shall direct and appoint , for the term ef your natural lives .

      When the sentence was _pronouncad , Fay exclaimed in a loud voioe , 'This is the baptism of felony in England , ' and he then looked up to the gallery and called , ' Good-bye , my flowers ; good-bye , fellowcountrymen . ' The other prisoners made no observation . The court then adjourned until Monday morning ae ten o'ohok . Monday—Mr Baron Piatt , accompanied by Mr Justioe Williams , took his Beat ou tne touch this morning at ton o ' clock , for the purpose of disposing of the remaining charges against the Chartist prisoners .

      Jobn Shaw , who was convioted before Mr Justioe Erie of sedition , was brought up to receive _sentence . The Defendant said that before sentence was passed , be bad to request the Court would make an order that he should be placed among the first-class misdemeanants . At present , he said , be was treated as a felon , and waa kept in solitary confinement , and was not allowed the use of pen or paper . Baron Platt told the defendant tbat after he was sentenced be would be removed to another custody . Mr Cope , the governor of Newgate , informed the Court , tbat as it was a City case , the offence being committed within that jurisdiction , the defendant would remain where he was after sentence . ¦

      Mr Parry begged to be allowed to remind the Court , that in a oase of a serious oharaoter , tried before the Recorder , a charge of misdemeanor , in obtaining money under _IsIbb pretences , a similar application was successful . This offence was not a more serious one than the one in question ; and he , therefore , submitted that , the application might ba granted . Baron Platt observed that there oeuld not be a more serious misdemeanor than the one of whioh tbe prisoner had been convioted . It was tbe seditious and violent speeches made on this aud other occasions , that led to the necessity of the inquiry whiob had occupied them during the past week . He would , however , consider the application , and make some inquiries with regard to the prison rules in such oases . Sbaw was then removed .

      The following prisoners were tben placed at the bar : —Joseph Ritchie , 43 , brioklayer ; Alfred Able , 23 , porter ; William Gnrney , 43 , shoemaker ; John Sheppard , 34 , tailor ; James Snowball , 32 , joiner ; James Richardson , 30 , joiner ; George Greenslade , 30 , shoemaker ; Henry femall , 31 , joiner ; Edward Scadding ! 28 , brass turner ; William Burn , _U , shoemaker ; Philip Martin , 45 , newsman ; Thomas Jones , SD , shoemaker ; Charles Young , 38 , ditto ; and Henry Argue , 23 , ditto . The whole of the prisoners immediately in their turn , held a consultation with their counsel , Messrs Ballantine . Parrv . and Huddlestone ; and , after a

      shert delay , the prisoner Ritchie was called upon to plead to the indictment for felony . He pleaded Guilty . Mr Ballantine said this course was taken with hia sanction , as , after the very long inquiries that bad just conoluded , and entertaining an opinion that it would be hopeless to attempt to struggle against a conviction , he thought it useless to occupy the time of the Court unnecessarily . He must leave the prioner ia the hands of their lordships , and he oould only say that he trusted the course he had adopted might be a benefit to the other prisoners , whose oases differed from his in some material respects . . _

      The Attorney General said as this oourse had been taken by Ritchie , and , with the exception of Mullins , whose trial had been postponed to the next session , justioe had overtaken . all the parties who appeared to bave acted principals in the matter , he should now propose , although perhaps in _striotnessof law tbe others mi ght also be convicted of felony , yet as there were some circumstances in their cases whioh were favourable , he should only call upon them to plead to the indiotment for misdemeanor . ... . _ , j . The prisoners were then oalled upon w plead to the indictment , and the following pleaded Guilty _:-Soadding , Snowball , Martin , Jones , Argue . Gurney , and Young . The remaining priso _^ ners—bheppard . Richardson . Greenslade , Burn , and Small—pleaded

      The Attorney General _saiO _* _^ that _, withi regard to those prisoners who had _pleadedguiltv , hei did not propose to pat them on tbeir trial , but should be satisfied if they would enter into a _recognisanoe to appearand take their trial if they ; were caHedupon . With regard to Sheppard and _Riohardson , it had been ascertained that they bore a good charaoter , and were engaged at their work nearly up to the very moment of their apprehension ; _. and Burn and _Greeenslade , immediately after their apprehension , communicated with the government , and gave _lnfor mation whioh justified the present course . The prisoner Small , it appeared , had also gone to the house where he was apprehended underthe impression that he was to hear a leoture , and , he behaved , was not

      aware of what was going on . i . _*« _*« _•« , Mr Parry begged to be allowed to explain , on behalf of Burn and Greenslade , thatthe information alluded to by tbe Attorney General was solely in referenoe to their own movements . With regard to the alleged conspiracy , they had always denied all knowledge of it . _, ... . The Attorney Generalsaid that _waatheoase , and waa what he intended to Btate . . Mr Parry—They have _alwaya strongly denied having anything to do do with the proceedings of the conspiracy . , -,.. ____ _- _„ . The Attorney General , —I admit that _isao .

      The remainder of the prisoners were then placed atthe bar . They consisted of the following persons : -Charles Taylor , 32 , labourer ; George Cox , 43 , shoemaker ; WilliamPoole , 3 ft ditto ; Charles Gibba , 88 , ditto ; Thomas Herbert , 21 , tanner ; Wilham rinspere , 26 , labourer ; Thomas Irons , 33 ,, ditto ; James _Prowton , 29 , ditto ; Hugh Conway , 27 . typefounder ; Alexander Harley , 29 , shoe . maker ; James John Norton , 30 , Smith ; Samuel Harley , 29 , shoemaker ; and Samuel Morgan , 22 , _cigar-maker . Of this number Poole , Herbert , Winspere , Irons , Prowton , Conway , and Morgan , _pleaded Guilty , and the remainder Not Guilt y . ....

      The Attorney General Baid he proposed to take the same course with regard to those . pnsoners who had jast pleaded not guilty he did with the others -namely , require them to enter into their own recognisances to appear and take their trial if they should be required to do so . There were variow reasons whioh it would be unneoesBary for him to allude to whioh , he considered , justified him in taking this course ; but he woald observe with regard to one of the prisoners Oox , that it had been ascertained upon inquiry that he had no intention to mix himself up with tho proceedings of the others , and he merely went to the place where he was apprehended for the laudable objeot of prevention : hia son from _ioinintr in the conspiracy .

      Mr Ballantine said he felt himself called upon to state that when he had ascertained this was the faot respecting this poor man , and he had communicated it to the Attorney General , he immediately took steps to satisfy himself of the truth , and as immediately acted upon it . \ The prisoners were then removed , and the oourt was adjourned for a couple of _henrs , in order to give thejndges an opportunity of looking over the depositions , and considering what sentence ought to be passed , and at the expiration of that period the judges again took tbeir seats on the benoh . The _prie-mec Ritohie was first placed at tha bar , and on his being oalled upon to state if he had anything to urge why sentenoe should not be passed , he made no answer .

      Bsren Platt addressed him as follows : —Joseph Ritchie , yoa bave pleaded guilty to an indiotment charging you with one ef the most serious crimes tbat oan possibly be committed by a member of society or a subject of her Majesty , You devised and intended by force of arma to overthrow the government in order to obtain that which you were too impatient to wait to obtain by legal and constitutional means , supposing that suoh a measure ought to be granted at all ; and in order to attain your objeot you constituted yourself the leader of a cowardly themselves the fire

      andBavageset of men . calling ' brigad 3 , ' tvhoso objeot and intention was to cause fire , robbery , murder , and every infamy which it was possible to commit , it is impossible that the man who took upon himself the leadership ot suoh men should pass from the bar of a oourt of jastice without receiving the severest sentence of the law . Four of your fellow-prisoners have been already sentenced to expatriation for their lives for their share in this guilty proceeding , and it is impossible that any other sentenoe oan be awarded to you , who are equally if not mere guilty than they .

      The prisoner was then sentenced to be transported for life . He appeared quite unmoved when the sen tence was delivered , and he walked away from the bar without uttering a word . The other prisoners , Able , Gurney , Snowball , Soadding , Martin , Winspere , Prowton , Conway , Morgan , Young , Jones , Argue , Poole , Herbert , and

      Bimxo».-Ata Meeting Of The Bilston Brano...

      Irons , whohad pleaded guilty to the indiotment ior misdemeanor , wero next brought up for judgment . Baron Platt , addressing the defendants , said they had pleaded guilty to a charge of illegal conspiracy , and he considered the Crown had noted very mercifully towards tbem by allowing them to adopt that course ; for , undoubtedly , ii any of them had been convicted of felony , although possibly tbey might not have been transported for their lives , yet most certainly a sentence of transportation _musthave _followed th i _conviotion . The Crown , however , bed exercited a very proper discretion , probably thinking they were the instruments of more wicked men behind , and that they might have been misled : and although they mast have been aware of the illegality of their

      proceedings , yet that possibly they might have been misled , and were , theret ' ore _fitBubjectsforamore lenient punishment ; and he thought they had exercised a wise discretion iu aooepting the mercy ofthe Crown and pleading guilty . That indiotment to whioh thej had so pleaded oharged them with conspiring together to raise riots , tumults and insurrections , and with providing arms , and assembling in arms to carry out these objects , and a more dangerous conspiracy than this it was hardly possible to conceive , and it was _impossible that they could expeot to be dealt with leniently for suoh an offence . __ There were some distinctions in their guilt , and bis learned brother and bimself had looked most carefully and anxiously through the depositions , in order to discover their different

      degrees of gnilt , and they could only find a distinction—and that a very slight one—in the oases of Herbert , Irons , and Poole . The whole of the other prisoners were proved to have met , the one btly beaded by Gurney , at the Orange Tree , all armed and ready for the desperate purpose that was intended , of devoting tbe city to conflagration and plunder . All this party stood in exactly the same predicament ; and while upon this subject he would remark that he had yet to learn that the witness wbo had been oalled the tailor , and who bad pretended tbat he had gene there to take a measure for a suit of clothes , and who afterwards wrote oat a Btatemeu '' to clear himself , did not also intend to bave ban on ? ofthe guilty parties , although he did not happen to

      arrive until after the door was shot . The defendant Jones was taken . on the night of the intended outbreak , armed , aud evidently prepared to take a _. hare in it . Argue was taken at a Jate honr , carrying a gun concealed under hiB coat , and whiob , aB a proof ef his guilty _knowledge , he stated to be an umbrella . Young was also taken in possession of a pike , wbioh betook an , opportunity to throw away at the moment of his apprehension ; and he . evidently also was prepared to take his share in the insurrection . Some of tbe remaining prisoners were taken at tbe Angel in _Webter street , Winspere having on a breast-plate , and being armed with a pike-head ; Prowton with a dagger ; Conway also having a pike bead ; and in the same room was also found a large quantity of ammunition . All these prisoners , therefore , . the Court considered to stand in the same position ; and ths only circumstance in favour of Poole , _IrODS , and

      Herbert was that they had no arms in their possession—* and thb was the only reason why a distinction was made iu their case . These being the _citcumstanoes which had led to tbe trial , and to the confession of guilt , it now became the duty of the Court to past the sentence of thelaw , which they trusted would operate as an example , and would deter others from committing the like offence . Thelearned judge ' then sentenced Abie . Gurney , Snowball , Soadding , Martin , Winspere , Prowton , Conway , Morgan , Young , Jones , and Coyne to be imprisoned and kept to hard labour for two years , and , in addition , to pay a fine of £ 10 to the Queen , and to enter into their own recognisances in the Bum of £ 100 , with'two sureties in £ 5 eaob , to keep the peace fer five years , and to be further imprisoned until the fines were paid and tbs sureties entered into . The other prisoners , Poole , Herbert , and Irons , were sentenced to eighteen months' imprisonment , with the same fine and

      sureties . One ofthe defendants , before he left tbe bar , exclaimed , ' Do you call that mercy , my lord V Baron Platt . —Yob , as mnch as you deserve . Johh Shaw was then again placed at the bar . He renewed his application to be placed among tbe first * class misdemeanants . He urged , in support of his application , that he wished to be allowed to communicate with hia wife and to be permitted to write , in order that he . might keep his business _together .

      which was all that his wife and six ohildren had to de * pendupon for subsistence . He also had an aged father and mother , . ' and brothers and sisters , to whom he should wish to communioate by letter ; and on these grounds he prayed the court to grant his request . He added , that he had never been a member of any _seoret _sooiety , and the Bpeech for wbioh he had been convioted of sedition was tbe only violent speeoh he had ever made , as tbe t witnesses against him , he said , would have proved , if they had been allowed to do 80 .

      Baron Platt in passing sentence said , it was with extreme pain the court was called upon to pass sentence upon a man who appeared to have filled a respectable position in society , and whe had a wife and a large family _dependent upon him . It was with regret they saw such a man place himself in the position of a fomenter of sedition , and endeavouring to set sooiety by tbe ears , and exciting passions whioh aimed at the destruction of all sooiety and all order . Hia objeot was perfeotly clear—at a period when rebellion was raging ia the sister oountry he bad eadeavoured to inoite the Irish and the English to join in tbat attempt , and to assist the movement of the disaffected in Ireland , by a rising in this oountry . The wretched men whohad just left the bar , tbs

      Bhrielcs of whose wives and ohildren were still ringing in the ears of the court , were probably among the viotirns of bis wicked proceedings , and tbat they had been worked up to the commission ofthe aot for whioh they suffered by his misguided eloquence . He therefore stood in a position to demand a severe sen * tence , and the station he occupied was a very great aggravation of his offence , and it appeared to tbe court moat deafly that he and _s _? me others had been tbe cause of the dangerous movement intended en the 16 th of August , bat whioh , fortunately for the peace of the country , had been prevented from arriving at a consummation . He had applied tothe court to allow him oertain privileges during bis imprisonment , but how oould the oourt grant suoh an

      application ? In that oourt no distinction should be made between the rich and the poor , or if there was , tbe man of eduoation and one occupying a respect able position , and Wbo waa aware of his duties , ought to be considered deserving of more severe pun * _ishmentthan a man who was poor and ignorant . Beser , a poor man who got his living by hawking fish about the Btreets , who was convioted for a seditious speech atthe same meeting , bad not been allowed any of the privileges which he now sought for , and he therefore felt that he could not interfile with regard to bis application . He was informed that by the rules he would be permitted to write every day , if he allowed his letters to be inspected _, and tbat he could also see his wife three times a week , and he had no doubt the aldermen who were

      visiting justices would grant him any reasonable facility . He had asked for mercy on account of bin wife and six children and his aged parents , bat in the name of God why did he did not think of his family before be committed suoh an offence t If he did _noc himself think of those who ought to have been dear to bim , and pause before he rushed into such a dangerous course , it was impossible tbat the court should ba swayed from performing its duty to the publio by suoh considerations . The defendant waa then ordered to be imprisoned for two years , to pay a fine of £ 50 , and to enter into recognisances , himself in £ 100 , with two sureties in £ 59 eaob , to keep the peace for five years , and , as in the other cases , to be further imprisoned until the fine was paid and tbe _auretiea entered into .

      The remaining defendants , Sheppard , Richardson , Greenslade , Bins , Taylor , Cox , _Gibbs , Alexander , and Samuel Harby , Martin , and Small , were then brought up , and having entered into their own recognisances in the sum ot £ 50 to appear and take their trial if oalled upon to do so , they were discharged _fromcustody . The whole of the business being thus conoluded , the oourt adjourned to Monday , Oot ; 23 rd .

      Cne Ifiarfeetsfv

      Cne _ifiarfeetsfv

      Mibk La.Ne, Monday.—This Morning The Sho...

      _MiBK LA . NE _, Monday . —This morning the show of _gamplesrresh up from the home counties waa small of wheat , and of Spring corn also limited . The trade for wheat opened dull , but the millers bought the English samples at about the rates of this day week , while foreign was held steadily without much business _doing . In barley thero is no alteration to notice . The oat trado 6 d , cheaper . Beans steady . White peas for English "rinds were the turn better . In flour or malt there is no change from last week .

      GENERAL AVERAGE PRICES OF BRITISH CORN . Por the _Week ended October 5 , 1848 , made up from the Returns of tbe Inspectors in the different Cities and Towns in England and Wales per Imperial Quarter _, j Wheat t Barley I Oats t Rye I Beam ( Peas PRICE I 52 s 9 d | 33 s 3 d | 21 s Id _) 31 s 9 d | 86 s id ) 39 s 8 d DUTIES ON FOREIGN CORN . Wheat I Barley I Oats | Rye I Beans I Peas is Od 1 2 s 0 d [ ls 6 d 1 ! s Od 1 2 s Od \ 2 s 0 _d _Psioe or Bbead in tbe _Metbofolis . —The prices ol wheaten bread in the metropolis are from 8 d to Sid : of household ditto , 7 d to 7 | d . Some bakers are selling from 6 d to 6 | d ; and league Bread Company ' s , Td per 41 b loaf _, weighed on delivery . POTATOES .

      _Bobouqu _ un _SriTALiiELDB . —Trade at theBe markets is at present dull , while prices are high in comparison with the price of bread . There have been some foreign arrivals at the waterside , as will be seen from the follow _, ing quotations . ' -Regents from £ 6 to £ 7 , Shaws £ 510 s to £ 6 ss , kidneys £ S 10 to £ 6 10 s , French £ 6 to £ 8 10 b * BoIgian £ 4 10 b to £ 5 the ton .

      Printed Brdougal M'Guwan, Ot 16, Greet Windmill, Street, Haymarket, In The Oity Of Westmins Er, Atthe

      Printed brDOUGAL _M'GUWAN , ot 16 , Greet Windmill _, street , Haymarket , in the Oity of Westmins er , atthe

      Umce, In The Same Street And Faneh, For ...

      umce , in the same Street and Faneh , for tne _Proprietor , FEARGUS O'CONNOR , Esq ., M . P _., and published . by WiiiUM Hewitt , of No . 18 , _Oharles-steret , Bran * _don-8 treet , Walworth , in the parish of St . Mary , Newing ; toH , in the County of Surrey , at the Office , No . 16 , Great _Windmill-stree * , Haymarket , in the City of West _, minster , —Saturday , October 7 th , 1848 .

  • Citation
    • Northern Star (1837-1852), Oct. 7, 1848, page 8, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/ns3_07101848/page/8/