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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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THE STATE TRIALS . COMMISSION CO 0 RT . . Draws , August llT .-Their bnhhijw having reinmed the sittings of the Conrtat ten o clock , Mr Kevis Iud O'Dogherty was pot into tbe dock to Stand his trial agua for felony under the new Act . MR JiUB 3 HABTI * . . Mr Samuel Wat erhowe . the < b « man of the jary SKSfisESrt » ssstfaaa Sfestl ^ MS ]^ J £ lSng 2 = S £ - « excited manner , made some observations on the subject of the trial , fa the conrra of which he accused isrWaterhonse of having ' bullied' his brother
jams into finding the verdict , and concluded by challenging him to mortal combat . Instead of accepting the invitation to meet Mr Martin in battle arrav , he felt it his duty to have him cenveycd to Collegestreet police-office . Mr O'Rorke , solicitor for Mr John Martip , subsequently waited upon complainant , and apologising for the conduot of Mr James Martin , which he imputed to excited feelings , he represented the de < p pain which the circumsfanca would icfLct on the prisoner and his family . He bad also received a letter to the same envoi ; tram the gentleman himself , espressin ^ regret for the C 3 urs 3 pursued . He yrts to have appeared , in cnnEequence ef the matter , at College-street po'iee-ofrb 9 thw morning , but having received a summons to attend this Ceurfc , he thou ; bt it his duty , as he intimated last night , to bring " the circumstance bsfore the notice of their lordshipi . _ ,
Mr O'Rorlse and Mr Butt interposed on behalf of Mr James Martin , and apologiaed to the Court . The Chief Baron obssrved that Mr WaierhouBe bad acted very properly—that a groj 3 outrage on the administration of justice had bsen committed , and inquired whether the compfeinsnt had sworn informations in the case ? Mr Waterhouse replied that he wou'd have appeared this morning at the Police Office to do eo , bat that he had received & summons to attend that Court , The Chief Baron then directed that Mr James Martin , at the rising of the Court , ba brought before them , and either apalogise for his conduct or be punished according to the discretion of the Bench , TBIAL OF HR O ' DSGHERTT . The Clerk of the Crown then proceeded to call orer the panel from which the jury to try Mr CDo'beriy were to be fe k m .
Mr Butt , Q , C , challenged the array , oa the ground that the panel hsd not been well , equally , and impartially tried by the Sheriff . The Crown having joined issue , Messrs Rathborne scd Figgis were appoiated triers . Mr Butt , Q . C ., then stated the nature of the caalfenge . The prisoner's ciunsel did not mean to insinuate that the panel had been arrayed by the SherifFfor the purpose of prejudicing the Crown or tie prisoners , but that he had been influenced by a motive ; however honestly he might have entertained it , which ought net to have actuated him if he selected the panel with reference to tbe religion of the larora , believing that there ought to ba a
preponderance of Protestants oh the jury . The book returned to the Recorder , out of which the revised list wa > formed , contained 4 , 000 names from which the panel WB to . be arrayed indifferently . Of these , 3 009 were Roman Catholic 3 and 1 , 000 Protestants ; but into that Court a panel had been returned of about 150 , of vhom only 50 were Roman Catholics and 120 Protesfatais . He did not mean that a jury of Protestants vonldnot do fuli justice , but assuming Buoh a principle of ex lusion to have been adopted by the Sheriff , however iionea * lyi he conceived nothing could be more ealcn ' ated to excite distrust in the administration of justice or feeling of disaffection , than if persons were to ba admitted to privileges by law , and excluded practically .
Mr O'Rorke , goliciter for all the prisoners , was then examined , and deposed that he had twice applied foi a copy of the panel , or for permission to compare it with a list of jurors which had been madeouS at the time ef the revision . Mr Croker , agent for Mr Williams , gave similar testimony . A witness , Earned Charles Barber , was then examined with reference to the list which he had made out at the time of the revision of the panel by the Recorder . A long discussion ensued on the sabjecfc of this list , ¦ which was objected to be received as secondary evidance .
The original list , as actually revised and signed by { he Recorder , wa 3 then produced , and having been handed to Barbar , he was regaired to give evidence as to his knowledge of tha religion of the prisoners whose names it cantaioed . On cross-examination his testimony was deemed insufficient . Mr Batt intimated that he would allow the fact of felt thirty Roman Cataolic 3 being oh the panel to go tothe trial of itself . The High Sheriff wa 3 then examined , and deposed that to the beat of his ability he had arranged the panel without reference to the religion of the parties .
He was not aware of the religion of the prisoners at the time , nor even that they would ba tried , and he bxi natmade any inquiry of Mr Hamilton , the only person who assisted him in makiag out the array , as to the religion of any of the gentlemen whose names he had returned . After the list had been made out , ia shnwed it to Mr Ponder , who believed it to be a vary fair one ; bat fisding that there were bat thirty BomanCatholiraonit , and deeming that proportion too small , h § displaced twenty Protestants , and he felieved that there were fifty Roman Catholics on the present panel , and ne thought that a jasS
propor-The issue wasthen left to the triers , who found that { he array was fair and impartial . The Clerk of the Crown then resumed the calling of the list trom which the jury was to be taken , and tie challenges on buta sides having been disposed of , the following eenUemen ^ eie at length sworn : — David Alexander , foreman ; William Carson , Joseph Robert Cummins . John Cannon , James Wilson , George Lvon ? , Win . B . Lowry , James Hare , Jaaes Hunter ; John Harris , Samuel M'Alister , and Francis Walker . The Cierk of tbe Crown hating read the indictment , which charged the prisoner with the game offences as thcss alleged on his first trial—namely , the compassing , devising . &s ., to depose the Queen from fier style , hononr , and Rgysl name ag Sovereign of the United Kingdom , aad with levying war againEt ber Majesty for the purpose of compelling her to change her measures .
Ths Solicitor-Geaeral then stated the case on be-Itslf of the Crown , and intimated that other evidaree would be presentei to the jury , which the Crown bad cot bsen able to offer on tb . 9 first trial of the prisoner . The statement . for the Crown was , in substance , the same as that made by the Attorney-General on tiia day week . The first witnes called for the Crown was , Francis M ' Keaver —Ha depossd that ha kaew the prisoner for fonr or five yeare . Wa 3 engaged in the Bams establishment with , him—namely , ths t of Mr DsttOY&n , apothecary . Mr O'Djherty wa 3 then
serving his appren ' . icss&ip . Witness was at present Mr Djnovan ' s assistant . Witness was acquainted with the handwriting of the prisoner ( a document fU here put into the witness ' s hand } Ha believed thiato be in the handwriting of Mr O Djherty . A Juror . —Didy ^ u . ever see that document bafore bow ? Witness . —Yes ; three or four days ago I did . Jaror . —And yet you could not now say that it was in the prisoner ' s handwriting without looking over it ? Attorney . General—I desired h ! m to look over it . Witness . —I bavs no doubt of its beiiig in the prisoner ' s
h&udvjruias-A Jnror . —You say there are several corrections all through ths paper . Do you believe them , to ba in the prisoner ' s handwriting ? Witness . —I believe they are . Attorney-General . —When you first knew this gentleman , did he prefix the O' to hb name ? Witness . —I thinfe not . Crose . examined by Mr Butt . —18 aw the paper produced in Mr O'Ferrall ' a office three or fonr days ago . I think it was on Monday last . It was not a Sunday . Icannc- exactly say on what day it was , but it was toil week . I got a letter froa the police oommis-Bocera respecting my attendance at their office , and la consequence I went to Mr O'Ferrall ' s ofnse . I did not kiow what they wanted with me , I knew
Jfr O'Daaovan had bsen at the CaBtle previously , but I did not know then that he went there to examine whether the handwriting of this paper was the prisoner ' s . Before I went there Mr O'Donovan told » e for what I was wanted . Mr O'Ferral showed me the manuscript , and the mesient I eaw it I said , I bslieved it was in the prisoner ' s handwriting . I did sot read it through . I looked at the commenceaaent of it . I did not sea the prisoner write these two years . I uied to sea him write constantly . I ated to see him make entries in Mr O'Danovan ' s books , and write medical prescriptions , but I never saw him write any long document , such 38 & letter . Ia * TQuo doubt tt » & % & . < & paper produced ( the manuscript of the article headed 'Oar Harvest Prospects ')
in the prisoner ' s handwriting . ( Another document —the manuscript of the article headed ' Oar War Department , ' web here put into the witness ' s hands . ) This U not in tne prisoner ' s handwriting . I u « ed to fire in Poolbeg-Btreet , and was not then very well eff I was not promised anything lor giving my evidence " sor do I expect any thing on oath . ( The manraeript of the articles healed A Le 3 son from the Insurrection , of Paris , ' and ' Courage , ' were then put into the vitoega ' a bands , and he stated they were not in the prisocer ' d handwriting . ) Mr Yernoa , of the S-amp Offiee , was next examined —He depoed to the declaration of proprietorfchiji of tiie . Tmsuks having been lodged at n a office , iigned by Mr O'ltoherty and Mr WiMiams , and Daniel Hbban , the printer ; and aiso to copies of eaoh
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publication of that paper , eigned b y the prisoner , having been lodged there . Cross-examined by Mr Butt . —I account for the circumstance of one of the newspapers now produced being : signed ' Kevon Iz > d O'Doherty . ' and the other , ' K . I . Dohsrty , ' by supposing that the prisoner , whose original name I found on inquiry to have been Daherty , accidentally forgot h « own same ia the hurry of writing . Constable Michael M'Ginn , 12 G , examined . —He brought the newapaper produced at the office of the Tbibdhk on the 8 ; h of July .
Serjeant Prender examined by Mr Baldwin . —Os the 8 : h of July last ke went to the printing establishment ef Mr Purdon , on Batchelor ' c-walk , arsied wit ! a warrant for the arrest of a person named Hoban . After arresting Hoban he got from Mm certain manuscripts connected with tbe Tribunb newspaper , which he brought away to the detective officer in Exchange-cocrt , and locked up there ; they were afterwards taken to the Lower Castle yard . The manuscripts already referred to were produced , and identified by the witness as those which he had seizad . Constable Allen , 5 G . examined by Mr Penne father . —1 arrested the prisoter , Mr O'Doherty . at nis lodgings . I asked him if he was Mr O'Doheity , and he said he was . I then said I had a warrant for his arrest He asked me if it was for any matter conner ted with the Tribune , and , on my replying : n ! he affirmative , he said , ' Very well , that wiildo , ' and rhat he expected it .
Edw . rd Pardon examined by Mr Porrin . — lie was the proprietor of & printing establishment en Batchelor ' a-walk . He knew Mr O'Daherty . The printing of the Teibone used to be done at witness ' s establishment . Saw Mr O'Doherty there four or five times askiDg for proofs . MB JAMES MARTIN . Mr MartiB , brother to Mr John Martin , reosntly tried and coovicted , was then ,, at the command of the Chief Baron , placed at the bar of the court . Mr Waterhouse wa 3 also called , but he was not in attendance . The Chief Baron said—We desire Mr Martin and Mr Waterhouse to be in attendance at the sitting of the court to-morrow morning . Mr O'Rwke then applied that Mr Martin might be allowed to stand out on bail , stating that he would ba responsible for his appearance next morn - ingi The application was granted .
Bailiffi were then sworn to keep the jury ( for whom accommodation was provided at the Northumberland HoteH from eommnnicating with any persoD , and the court adjourned till this ( Friday ) morning , at ten o ' clock . Friday , August 18 . —The cDurt Bat at the usual hoar . THB ATTACK ON THE yOBBMAN OF J 9 HN MARTIN ' S JURY . Mr James Martin , the brother of John Martin , was sentenced to ene msnth ' s imprisonment for contempt of court * THE QPBF . N V . DOHBRIY . Mr Kevon Izid O'Djberty , the prisoner m this case , was placed at the bar , and the jury having answered to their name ? , The Attorney-General read the two articles headed ' Oar Harvest Proapects , ' and ' Our War Department , ' from the manuscript proved to be ie the handwriting of the prisoner , after which the case for the Crown closed .
Mr Butt , Q C . addressed the jury for the prisoner . This was the second time hensd to address a jury for his client , the Attorn ey-General in the exerciBe of his discretion having thought fit to Bubjeet the prisoner a second time to the agony of a trial in the same commission . He did cot object to his taking that course ; on the contrary , he preferred that he should do 60 ; because he thought the whole cage was now before the jury with sach immense advantage to the prisoner that he expected on this indictment he should be wholly discharged . He called the attention of the jury to the law and facts of the case , and begged of them to enter into a calm consideration of the conduct of tbe prisoner . He perceived that his learned friend Mr Wbiteside was takiDg notes for the purpose , he presumed , of replying to him , and he
woald be glad to be replied to by a man of genius , becanse a man of geniu 3 wonld not seek to prejudice themindg of the jury , or condescend to slander the advocate who discharged his duty to his client fearless of Attorneys-General , and perfectly regardless of consEquenoes . It was said that he ( Mr Butt ) had made an oratorical exhibition the other day , because he pronounced the English language as it ought to be prononnced ; and yet the Crown now invoked the aid of the man at the Irish bar , of all others who was best able to mike an oratorical display . But though the jury would ba fascinated by "his eloquence , he begged of them to come back to a sober consideration of ths case , and ask themselves how far the prisoner at tbe bar sought to depose the Queen , or to levy war against herto compel her to change her measures .
, He called the attention of the jury to the fact , that one page of the prisoner ' s manuscript was missing , and he thought the only passages on which they could deliberate had been inserted in that maoascript . He fouad , on comparing the manuscript with the printed article , that tbe manuscript of the following passage was not forthcoming : — To save the coming harvest asd ea ? e their longing thirst deep , deep in the bleed of the English fos . ' It waB a curious thing that the manuscript which contained that particular passage , and two er three passages before it , was not in the manuscript ; that had been produced . Taking all the facts of the case , the construction he asked the jury to put upon it was thiB . that the editor , who was newly appointed , finding that this manuscript was not strongly enough written to suit the altered tone
given to tae paper—for an altered tone had been given to it—altered ihis very passage which was so strongly relied upon . Did not this show the enormous danger to an innocent man of permitting a person to be convicted on constructive evidence . They found one page gone , aad they could only Snd that that one page was gone because the editor bad removed it , and subati * tuted for it something of his own . He begged to call attention ta the part of the article which he would assume was in the prisoner ' s handwriting , and from the leading idea in that article they could judge of the scenes that had tended to mislead his judgment . His client durine the famine fever of last year had
attended the fever aheds , and witnessed there the greatest scenes of misery- This it was that suggested the idea to him , and even the name of the paper , becsasa ia ancient R * me' The Tribune' stood between the Senate and the people . He called upon the jury to recollect the scenes that had occurred during the last year . Could they forget that a coroner ' s jury had found a verdict that the present Prime Minister of England was guilty of the deaths of those who died of starvation ? And though it might ba wrong on the part of the prisoner to speak of the Whig Minister 93 the 'jackal foe' who drove away the corn from the island , it was not treason to the Queen to make that
assertion ; No evidence was produced on the prisoner ' s behalf . Mr Whteside , Q .. C , about half-past two o ' clock , M 3 e to reply on the part of the Crown . Mr O'Rorke , tha prisoner ' s solicitor addressing their lordships , faid ha objected to the learned gentleman appeariag as counsel against his client , inasmuch as he had offered him a retainer oa tbe part of the prisoner on circuit , before he was retained by the Crown , and he refused to take it , The Attorney-General : My lord , Mr Whiteside is one of her Majesty ' s counsel , and he is bound by h ' u oath to a ?; t for her whenever called upon to do eo by the taw officeiB . Baroa Pennefather : Mr O ' Rorke , this ia a matter we cannot listen to here . It is qmte irregular . Mr O'Rorke : I consider it my duly , my lord , to mention the circumstance , and to enter my protest against the learned gentleman ' s acting for the Crown .
BaTon Pennefaikr * . You have done so ; but you were qaita ineeo ' » Mr Whiteside then proceeded to reply , and in doing bo < -xr > re 3 « ed his deep regret at the occurrence which hid just taken p ' . aci' , lest it should ba imagined fora moment that he had acted in any way which was unbecoming a gentleman of his profession . The facts of the case were shortly these—Mr O'Rorke , the gentleman who had addressed the Caurt , applied to him on circuit to defend some of the parties charged under the Felony Act at the commission , and offered him a retainer in the usual way , bat he declined to receive it , and he considered properly so , alleging that he had acted for the Crown in a similar case a short time previously , and that he b 3 lie ? ed that , as one of her Majesty ' s counsel , the Attorney-General purposed
calling upoa him again to act for the Crown . Under these circumstances he ( Mr Whiteside ) refused to be retained by Mr O'Rorke , and ha believed that he acted as ho was bound in duty to act , as one of the Qaeen ' s counsel , sworn to appear on her behalf when called on . The learned gentleman then went on to refer te the Acts of Parliament upon which the prosecution was foHnded , and to show the jary that the manuscripts proved to be in the prisoner's hand writing fully Bastained the indictment , by establishing the intent which existed in his mind . He also submitted that he was equally to be judged as to his intention by all the publications relied on by the Crown , although not in his own handwriting . Mr Whiteaide concluded his reply at six o ' clock , when the court adjourned . Satdrdit . Aug . 19—Tha court saUfc tea o'clock ; the prisoner was placed at the bar ,
and—Baron Pennefather proceeded to charge the jury . After the very fall discussion the case had undergone , and the very able arguments they bad heard , aa well for tha prisoner as for the Crown , little more remained for him than to draw the attention of the jury to the exact question they had to try—to the Act of Parlianwnt upon which that question arose—and shortly to draw their attention to the portions of the evidence which appeared to him mainly to bear upon the case . The Cro wa were bound to eetablieh , by legal evidence , the charge made against tae prisoner . In this case they bad legally established it , if the jury befieved the evidence , and , in point of law , they were not bound to call &nj other evid&aae . 'then it came to tius—whether there was any reason , from his manner , demeanour , or defect of opportuaity , to deubt the evidence of the witness who proved the psisoner ' s hand *
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writing ; and , secondly , he was bound to tell them that , if a fact were sworn to by a witness , and when that fact could bs contradioted by the prisoner , if it were not true , and if no such contradiction was given , the jary must ask themselves whether Bucb . contradiction could be truly given ? Could they conceive that the prisoner ( if this was not hia handwriting ) could not produce a witness to prove that faot ; He had not done sa , and the jury were bsuud to ask themselves what oredit they were bound to give to the uncontradioted testimgny of a witness swearing that he had no doubt of the handwriting . Those were questions whioh it was his duty to presentto thejury for theirconsiderationand it was the duty of thejury to give them the
, answer , which their sense , moral feelieg , and attention to their oaths , required them to do . Assuming that it was the prisoner ' s handwriting—or at least assuming that he was bound to leave it to the jury for their consideration whether it was or not—they should next consider what bearing it had upon tbe case . It appeared to be a manuscript with several corrections and interlineations , and they were to judge whether it expressed a deliberate intention or not , or whether it was merely a hasty composition not intended for use or to express a deliberate opinion . Toe jury were to consider from this document , and frem the manner in which it was prepared and circulated ( and all on it , including the corrections , are sworn to be in the prisoner ' s handwriting : ) ,
and from the fact of the publication , whether it evincea the mind of the prisoner , and bis concurrence in tha matters stated in that publication . It would appear that the print is a faithful copy of the writing , as far as the writing exists ; but there was a portion of the printed paper which was not in the writing . It appeared from Borae reason—acoident , or other came not explained—that about one sheet , or what might bs supposed to be one sheet of this writing , had been lost or abstracted , and the part ef the print for which there was no corresponding manuscript , was unquestionably a part of the print deserving serious consideration , and , perhaps , not the least objectionable in the whole of the printed document . It waB asserted by the prisoner ' s counsel that supposing , but by no
means admitting , that thia paper was in the bandwriting of the prisoner , the part missing was abstracted purposely by some other person who superintended the printing in the nature of an editor , and that this passage was not in the genuine writing of the prisoner , and never did express his sentiments . He had with a pencil marked the passage in the iadicktnent which was to be sent ap to the jary , and they would bave ta consider , on looking to the part where it broke off in the manuscript and where it recommenced , whether the entire printing waB or was not composed by the same person . They would see , whether the publication of the entire of the print took place with the privity or consent of the prisoner , and he would suggest to them that if any person had
interpolated a passage in the prisoner ' s writing against hia privity and consent , and if thifl person were the editor of the paper , under his control , what ought to have been hia conduct bsfore any subsequent publication took place ? What ought to hava beaa hia conduct in any subsequent publication ? When he was apprised of what was published , what should have been his course ? Should he have continued the editor in office , or should he bave continued the paper if he could not control the editor ? He bad the means of releasing himself from further responsibility by withdrawing his declaration from
the Stamp-office . In calling their attention to this article , he wonld remind the jury of the excuse whioh bad been offered on his behalf by the prisoner ' s counsel . He said tbe prisoner ' s feelings were so much exoited by the misery he Baw passing before his eyes , that be made those publications . But was it consistent to say there were motives in the prisoner s mind for the publication , and then to deny the publication altogether ? He had also understood tbe learned counsel to say , that even if it were the intention of the prisoner to prevent the exportation of com , that would not amount to an intention to levy war .
• Salus populi aupsema lex , ' He did not know whether that expression was used , but whether ic was used or was not , it waB not fcr individuals to judge what was ' sains populi . ' It was not for the writers in newspapers , or any other class of the community , totorm a judgment of what they considered the safety of the people , or to carry out by force and violence , and by general insurrection , those projects which they might consider necessary . What , he asked , would bathe state of things in thiscountry , if the imaginations and caprices of eaoh individual were to be enforced by the point of the bayonet , and if every man could justify the calling of the people into insurrection by the motto , ' Salus populi suprema lex V A man was not to do that because he thought
it was right , and was resolved to do it at all hazards . The constitution knew of no Buch thing . People might discuss s question calmly and dispassionately —they might discuss with vehemenco and with talent those measures which they thought right , and enforce them by argument to the utmost extent of their ability , but beyond that they had no right to go . They had no right to enforce or to attempt to enforce by armed insurrection the thing which , perhaps , they might think right . He said ' perhaps , ' because it was hard to suppose they could think right suoh things as were contemplated by these productions ; but Buppose they did think them right , they were not justified in point of law in enforcing those intentions by insurrection aad violence . If such general
insurrection broke out , whether it ba to prevent the exportation of corn or any other purpose whatever , it would be a levying of war , and aa act of high treason on the part of all these who engaged in it . If the insurrection did not break out , but was merely contemplated , tke p&vtUs who devised aad intended it would be guilty of an intention to levy war against the Crown , and that would be a felony within the act of Parliament . Thejury were to consider this question , and give to it the mildest construction they could . Let them not attribute to the prisoner guilt , except they felt constrained to do so , for the law considered every man innocent until hia guilt was proved . If he might venture to express a wish , it would bs this—that those who had been led away
by publications , euoh as had appeared before them —by evil advice , by a sanguine temperament , or any inciting or exciting caus 9—might reflect calmly and dispassionately upon the blessings which they dow enjoy , upon the safety and security for life and liberty , and upon ths safeguards which the oonatitation throws around even tkOBO who are accused of an endeavour to sacrifice and deatrey that constitution . They should think of those blessings , and not by a rash desire of change—by the desire of change to be effected by blood—by the sacrifice of life—by the loss of everything they held dear—lead te results whioh would sink them in a state of slavery , and subject them to an iron despotism . He whhed those things c > 7 uld be thought of , and that men when about
cresting dioturbance or revolt , would—laying aside all considerations of others— : ill considerations even of right or wrong—calmly reflect upon the consequences , and Bee how much they were likely to lose and hazard by such conduct . He could not avoid expressing these feelings which pressed upon hia mind In a manner be could scarcely give utterance to ; bathe did not use them in any manner to influence their verdict against the prisoner at the bar . They were trying him on an abstraot question to bs decided upon—by bis acts , and his acts alone , independently of other considerations . They were not to consider the conseqnenoe 3 of what he had done , or what be had intended ; but they were to consider whether he did intend it , and had evinced that intention in a manner beyond all doubt .
Thejury retired about one o ' clock , The foreman after % brief absence , returned into court and aaktd fer the newspapers * Attorney . General . —I have no objection ; the publication have been proved in evidence ; but a question was raised respecting the papers . Baron Pennefather . —The prisoner ' s counsel objected to sending up the newspapers , as they contained other articles baaides thosa which are the subject of the prosecution , and unless the prisoner ' s counsel censent , I oaanot send them to you . Mr Butt . —I don't think that in a case of this kind we would be justified in consenting . Attorney . General . —Then-it sheet of the indictment contains a verbatim copy of the articles . The jury retired .
At half-past one o ' clock the jury again oame out and applied for a copy of the Aot of Parliament . Sir Colman O'Loghlen . —Since that question was last ducroaad I have referred to Thistlewood ' s oase aad in that case Lord Chief Justice Abbott consented to give the Act of Parliament to the jury . Attomey-General . -He read it to them . Sir Colman O'Loghlen . —He offered it them , but one of them said it would bo sufficient for hia lordah \ o to read it . Foreman -There are some of the jurors who have a doubt as to theact ' s showing hit intention , and beg you will again explain it . Baron Fennefather read an extract from the Aot of Parliament bearing upon the point to which his attention had bsen called .
A Juror . —Does the mere publishing of an artiolo imply an intent to do the aot ? Some or the jurors think we must tell the innermost thoughts of the gentleman . Baron Pennefather . —The mere publishing will not be enough . You must be of opinion that he had the intention in bra mind . If he wrote it a man can scarcely be said to write what he did not intend , as thatifheknowinglypublish . es a thing , it is to be taken that he intends what is the fair import of what he knowingly publishes . At half-past three o ' clock : tha oourfc directed the Bheriff to inquire if the jury were likely to agree . The sheriff on bis retirn intimated that thejury told him they were deliberating , thara was no chance of their speedy agreameat . but they did not give the matter up .
At half-paat five o ' clock the Chief Baron again directed the sheriff ( o ascertain if the jury were likely te agree . Tha High Sheriff . ' -They hive net agreed , my lord . Chief Barsna—Swear bailiff . ' ,
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The High Sheriff . —Two of the jurors desired me to mention to your lordiship that they are very ill . Thejury were called out . Foreman . —There is not tbe slightest probability of our agreeing . There are three or four of the jury who are not of the a ame opinion as the rest , and if we were to remain closeted until Monday morning , I am as oonfident aa I exist , that I would have the same answer to give to your lordship . I am very unwell , and have been lone m attendance during this commission . I must call in the first place for medicine , and I feel if I were oloseted f « the night , it would endanger my life . Another Juror .-- ! am also unwell . Dr Speedy was directed by Baron Pennefather to ascertain the state of those jurors' health , and report to the court .
. On his return he examined ( he foreman , who was ver unwell , and had all the premonitory symptoms of fever . It would be dangerous to his health if he were longer confined . Another juror also suffered from palp itation of the heart . Baroa Pennefather . —If they were kept for the night would it be dangerous to the life of Mr Alexander ? -Witnes 3 .---I think m . Baron Pennefather . —Would keeping him now on be attended with danger . —Witness . —Certainly , my An entry was made on the record pursuant to the evidence of the p hysician , and the jury was dig . ° It ia the intention of the Attorney-General to have th e prisoner again tried the next commission . to the
Mr Butt . —I am instructed apply on part of the prisoner that he should be let out on bail ; Baron Pennefather . —Certainly not . The prisoner wasthen removed . SENTENCE OP TRANSPORTATION ON JOHN MARTIN . The prisoner was brought up to receive sentence . The Clerk of the Crown asked him if he had anything to say why sentenoe should not be pronounced u pon him . , ... . . Prisoner—My lords , I have no imputation to cash upon the bench , nor hive I anything with whioh to charge the jury . I think the judges desired to do their duty aa upright judges ; and I think the twelve men put into the box , as I believe , to convict me , voted honestly according to their prejudices . I have no enmity , against the sheriff , or against the sub-sheriff , or against any person engaged in the arrangement of the panel . I have no enmity to the
Attorney-General , or to any person who v&a engaged in what is called my trial . I don't think I have been yet tried . Legal formalities have been carried on . for three days , and there has been a verdict of guilty againBtme , but I have not yet been put noon my country Twelve of my countrymen , indifferently chosen , have not been put into the jury box , but twelve men selected by the persons who represent the Crown in this country , for the purpose of convicting me , and not of trying me , were put into that box . They were put into that box beoauae tae parties representing the Crown knew that their political principles were opposed to mine ; and the question at and not matter of
issue was a matter of politics , a fact . I do consider the judges to be upright and honourable men ; and with respect te the charge I make asrainBt the constitution of the jury , I have no legal evidence of its truth ; but nobody has a moral doubt about it . Everybody knaws what I have said is the faot , and I would represent most respectfully to the court that they , as upright and honourable mea—as judges and citizens—ought to see that the administration of justice in this country is above suspioion , I have no more to say about my trial ; but I wish to say something in vindication of my character ana motives , aftersentence is passed .
Chief Baron , —We can hear nothing from you after sentence ia passed . Prisoner . —Even admitting the confined constitutional doctrines I have heard broaohed in this court to be the right doctrines , I am not guilty according to Aot ot Parliament . I did not intend to levy war against the Queen , or to depose the Qaeen , by the article of mine on whioh the jury have framed their verdict of guilty . The object of the article written ia prison and published in the last number of my paper , was this—to advise my countrymen to keep arnu , because it was their inalienable right , which no Aot of parliament or proclamation can take from them . I advised them to keep their arms snd we their arms in their own defence against all assailants
—even assailants who might c > me to attack them unconstitutionally and improperly using the Queen ' s name . My object in all my procedings was to assist in establishing the national independence of Ireland—for the benefit of all the people of Ireland—for the benefit of tae people , the landlords , the judges , professional men , and all Irishmen . I sought that object because I thought it was a right object , and because I think national independence the right of the people of the country . Living in retirement , I never would have engaged in politics , but because I thought it necessary to make an end of the horrible crimes this country presents , its pauperism , and the hatred of all classes towards each other . While that system lasted I cjuld not have peace of mind , and
could not enjoy anything in this country at all , so long as I believed my countrymen were forced to be vioieus and to hate eaoh other , and were made paupsra and brutes . I acknowledge I have been but a weak assailant of the English power , I ' &m not a good writer —I am not a speaker at all . I had only two weeks of experience in the conducting of a newspaper when I waa put into gaol ; but I am satisfied to refer to my coantrymen to everything I have written and said , and to rest my chara : ter oa a fair and candid exa . mination of them . I will say nothing in vindication of my motives ; but let every tair and bonoBtman , bo matter how prejudiced it maybe , calmly take what I Have done , and consider my acts , and be mast be aatisfied that my motives were pare and honourable . I have no more to say .
The Chief Baron then proceeded to pass sentence on the prisoner , and pointed out the evils which were likely to result to the country from the course he had adopted . He mentioned those circumstances , not with a view of calling them to the attention of the prisoner , but aa a warning to those who had been led , or might be led , into similar oouraas . The court had ' elt bound in awarding their sentence net to disregard altogether the recommendation of the jury to mercy . Prisoner : I beg pardon for interrupting your lordship , but I oannofc condescend to accept meroy . I believJ I am morally right , and I only want justice . The Chief Baroni after some further observations , sentenced the prisoner to ten years' transportation ,
TI 1 E QUKEB V . SHAW , The trial of Mr Shaw , the printer of the Fjslon , was also postponed . THE QUKBH V . DELANY AND 0 THHH 8 . Thomas Delany , and the other printera of the Natios , ware admitted to bi \ l . They ate bound by their recognisances to attend at the next commission . IHB DANGER OF KBEPIBQ PIKES . Mr Baldwin , Q . C ., reminded the oourt that during that commission a lenient oourse of oonduot had been adopted by the Crown towards those persons in whose possession pikea were found , on the parties submitting * but he bagged to « ive twtice , that takiag into consideration that the pike is a weapon which could not be kept for any good purpose ^ they would feel it their duty in every case where , in future , a pike was found in a man ' s possession , to press the oase against him .
THB QUBBW V- WILMAM 3 . Tne trial of Mr Williams , the partner of Mr O'Dogherty in " the proprietorship of the Tribune , waa postponed , on the application of the Attorney-Ganeral . ( From the Morning Foil ) Dcfblin , August 17 th . —Great damage has been done about Limerick by the heavy rain of the last few dap . Fields of wheat , barley , and oats , are prostrate in all directions . The potato rot is now almost universal . Oa Saturday night , a barbarous murder waa committed on the person of Mr Leahy , an Irish school instruotor , while returning from Enniskaan ( county Cork ) fair , held on that day . He was struck on the head with a large stone , and killed on the spot . Nine persona have been arrested on suspicion .
Several men-of-war ateamara are now eruwing about the Bay of Killala , and one ia actually aachoredin KAloamm , where , it will be reoolleoted , the Frenoh landed in ' 98 .
EXECUTION OP PATRICK PRICE . This unfortunate young man , who was only about twenty yeara of age , waa oanvioted at the late assize held for the Queen ' s County , for the murder of John Mahon , at Loug hteague in that county , on Sunday , the 7 th day of Maroh , 1 S 47 , underwent tUe awful sentence of the law this day . At abaut half-past eleven o clock , 100 of the oanatabulary , with the dataohtaentof theTlat Regiment , quartered here , were drawn up in front of tha gaol . There were about 1 000 persons col ' ected to witness the execution . At twelve o ' clock the convict was launched into eternity , and died without a struggle . BTATB OF OLONHSL AND ADJACBNT TOWNS . ( Prom Sa , unden ' s News Letter . )
Clonmel , the adjacent towns , and surrounding country remain perfectly quiet , though nswy plaoaa are still without their constabulary station ; there seems to be a remarkable absenoa of even minor crimes , nor does there appear to be the least likelihood of a serious outbreak here , or anywhere in this ooHnty . The only thing that would reader it at all probable is the progress of the potato disease . Many of the small landholders say , it' the potatosi fail they can pay no rent , and the ? will not allow their corn to be boM or removed , but that it must remain with them to Bopport them—and they state their determination to keep it in their own hands at all risks . I greatly regret to Bay that the blight does prevail more and more : there ore few fields in this neighbourhood that are free frem it . Many of them are badly attacked , and in several instances a considerable proportion of the crop is already gone .
THB 0 BOP 3 IN IBB SOUTH OP IBKtlND . A gentleman who has traversed the greater portion of the counties of Cork , Waterford , Cartow , and Kilkenny , within the last week , has oomtannioatod the following information of the growiag crops
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vrhioh is possessed of national interest at the present moment : — ,. , . Iu the counties of Cork and Kerry , which form a large proportion of the south and south-west of Ireland , the plant of potatoes has been exceedingly large , computed by many to fully equal the growth ot two years ago , when the mo 3 t destructive blight waB experienced . With scarcely a Bingle exception , the fields now present nothing but a ' blackness of withered foliage , the Btems in some instances retaining their green hue , and in others , turned to a yellow colour , after the destruction of the leaves . The
disease , judging from the colour of the fields , ha 3 been m « t virulent in the extreme southern and western part * of the couaty . Iu Kerry especially , not only the leaves , but the stems also are perfeotly black . Traversing the road from Cork to Youghal , which skirts the north-eastern side of Cork county , not a field could be seen that was altogether iree , the great bulk , equalling fi » eaixths of the whole , being to all appearance completely destroyed . The tubers , when dry , present , in these counties , more or less unequivocally tbe cigns of decay ; blaok spota are apparent , and in gome oases they have already rotted
The wheat-lands in Cork have universally suffered from the beav y rains . Oata are lodged on the greund ; and the general feeling throughout the oeunty ia one of extreme despondenoy . Proceeding in a north-easterly directirn from Youghal , through Dungarvan to Waterford , the lesser quantity of rain which nan fallen in that district is apparent from the better standing of the graifl . Wheat , notwithstanding , ia very light and thin , but little has yet been cut . and the continuance of wet unsettled weather during the preaeat week is every day diminishing the chance of a successful housing . From Waterford , striking northerly by Knocksople , though county Kilkenny to Carlow , the country wore a more cheering aspect . In the neighbourhood of Kilkenny , wheat and oata are reported bs being good crops should not a longer continuance of wet prevail . . .
After leaving Watorford , the eye is relieved in a great measure from the succession of blackened fields whioh wear bo distre ^ icg an aspect further south , but over the route of one hundred miles travelled from that city to Dublin , a perfeotly healthy Said was a rare exceptien , the large majority varying in their darkened hue from the first brown tint , symptomatic of approaching ruin , to the jet black colour indicating complete destruction . As a general deduction , the main or late crop ia almost universally afleoted , the disease assuming a greater intensity in some districts tban others , but from its direful effcots in those parts where its fi-st appearance waB manifested , great fearg are entertained for those where at present it ia yet in a less virulent form . The grain crops in South Ireland being thin on the ground , and a very small proportion yet cut , are anticipated to bo under an average in yield . To these barley form ? a partial exception , which in most places appears well .
JOHN MARTIN . ( From the correspondent of the Morning Herald . ) It is really melancholy to hear the poor people of the neighbourhood of Loughorne ( near Newry ) apeak of their benefactor . Several of his tenantry came up to town to be present at his trial , and , aa they hoped , his escape—for they could not bring themselves to believe a man se amiable , bo gentle , and pious , as they had lon g known him , could be an iociter to bloodshed . Mr Martin ' s property at Loneborne is said to be worth & clear net rental of £ 700 a year . Two of bia brothers have also lauded property in tbe same neighbourhood , eaoh of about equal value . I understand that before he published a single number of the Fblon he assigned all his interest at Loughorne to hia brothers and sisters , which pretty plainly
shows that ke calculated on the punishment which has been pronounced upon him . He served his apprenticeship to an eminent medical man , but having more taste for agricultural pursuits than those ot his profession , he devoted himself to the more simple and le * s exciting . However , he did not abandon entirely the study of physic He was ever ready to administer advice and medicine gratuitously to hia poor neighbours , and all who sought his assistance ; and , accsrding to the report 1 haye received , an incalculable amount of good he did iu this way . As a land * lord , he waa beloved by his tenantry for his kindness and liberality , while frem his suavity of manner and excellent qualities he was a great favourite with the gentry around him . It appears that John Mitohel and he were schoolfellows and most devoted friends .
( From tbe Daily News . ) REMOVAt OF PRIS 0 HBR 3 . Dublin , Aug . 18 . — This morning fourteen prisoners were removed from the gaols of Kilmainhara and Newgate , under a strong escort of constabulary and city police , and sent by railway to King 3 town from whence they were transmitted , on board war steamers , to Belfast . It is supposed that the crowded state of those gaolss was the cause of tbia removal . . We subjoin the name , of the prisoners . —Mr Meany , of the Tribunb newa paper ; Mr Brennan , of tbe Irish Fblon ; Mr O'HigginB , the Chartist leader ; Mr O'Rorke , of Clontarf ; Mr Walsh ; Mr Crotty , one of the clerks in Pirn ' s establishment ; Mr Baker , of the same ; Mr Taaffe , a barrister ; Mr Bergin ; Mr Eugene O'Reilly .
MORE ARRESTS . Dublin , Auo . 19 . —Five of the young men employed at the establishment of Messrs Ca&nock and White ^ of Henry-Btreet , were thh day arrested in their employers' shop by a party of polio , and taken to the Police Commissioners' Office , Lower Castleyard , Five foreigners , who were arreated at the Charlemont Hotel , Armagh , on Sunday morning last , after being Bent to Dublin , guarded by a strong nolioe fores under the command of Sub Inspector Kelly , were , after a brief examination , liberated by order of the Lord Lieutenant . They were all Americans , who had been making the tour of Europe . ( From the correspondent of the Morning Chronicle . )
ABBEYFEALE . Dtjblis , Friday . — Several more persons have been arrested , ohan ; ed with being concerned in the robbery of the m&il-bigs . Five peasant ; , aamed Tuomy , Danaher , M'Auliffe , Grady , and Cellina , were arrested by the police in the mountains , and were brought into Abbayfeala on Wednesday last . Nine others were arrested on a similar charge , near Liakowel , on the Kerry aide . W . F . Hartnett , who is in Limarick gaol , on a warrant for ' treasonable practices , ' is not at all implicated in the attack on tbe mail-ooaohes , but his brother , Daniel Hartnott , who has abioonded . Stephens died ia Kilkenny , on Thursday night , of mortification of the leg . The Clonmbl Chronicle contains the following . —
AftBEET OF ONE OF THE BALLING ABET WOUNDID Rebels . —A man of tbo name of Jsmas D « yer was brough into Glonmel yesterday ( Thursday ) , and ladgod in the county gaol ; lie was ona ct tke insurgent band in the battle of Boula ; b Common , aad at Balliagarry , and had a dreadful wound in the right bttaat . E trainee the afffiy , he has been concealed in one of the pits ta the vioinity of Boulagh , and from informatloa rec sired by the authorities , he was arrested down in the p it a few daya since , and conveyed te Killouanle , from irbioh place lie was CBCortod to Clonmel . JOHW O ' COSNELL .
It appears that Mr John O'Connell arrived in Dublin on Wednesday , and proceeded to take measures for inquiring into tha expediency of renewing agitation , in Conciliation Hall . It would seem that the parties consulted upon this question had a wholesome tear of tbe consequences , should the government insist upon all agitation being peremp . torily stopped ; aod it was deoided that the Hall should remain closed for gome months . —Leinster Express . ( Prom the correspondent of the Morning Chronicle . )
JIOBB ABRESTS IS DUQLLV . Sunday . —Last niijht constable Pander , of the detective polica , arrested Thomas Crotty at the establishment of Messrs Pirn , in South . Great George's . Btteit on aoharge of high , treason , He hasb ? en committed to Kilmainham . The prisoner is brother to James Crotty , arrested at the game placa game weeks sinoe , now detained in Belfast House of Correction . Mr Gunning Taafe . who waa arre 6 ted in Ballmgarry , has been committed to Newgate . BSCAPB « P MR o ' flORUAK , The Limbrick Examiner , a Repeal paper , alleges that Mr Richard O'Gjrman has eaoaped , and that Mr Little , the resident magistrate , unconsoiously aided in his flight . The following , which appears ia the Limbriok Chboniclb , relates to the same subject : —
In consequence of private information received that tho ohiefa charged wllh transon were at Ktlkee , a party of constabulary and Captain Norton ' s company of tha 88 th R glment , under the direction of Mr Little , R . M proceeded to Kilkee and its neighbourhood at tbe hour of midnight . Before the troops had quite arrived at Ktlke » Mr Little proceeded in advance , and ordered the Ideal constabulary to immediately surround and guard the hotels and some private houses . Os the arrival of the military a rigid search was made of ihe different plasea mentioned . The traitors ware said to be disguised as females , and occupied ladies' apartments ; It , therefore , became absolutely neoessary , on thia important daty , that all the ladies' bed-rooma ( notwithstanding the high rank of some ) woald be Sdarchod . This painful duty ( as many of tbe Udles were in » heir beds ) was performed by Mr L'ttle alone , and ia the most delicate manner possible , consistent with his magisterial duty .
The sale of the household furniture and effdota o ; Mr Charles Gsvan Dnff ^ , ' by order of the trustees ' ' is anaouneed for Wedoeaday next , and the two following davB . Judging by the catalogue , Mr Duff ?' * house and grounds at Merton , a mile from the metropoliB , mast have been , fitted « iH an elegant and cMtly matmar . AmoB » Bt the items is the followiug : — 1 Thefnrniture of an apartment in Richmond Prison , occupied by O'Counell , . Mr Duffy , and the other State prisoners of 1844 , m&aated wieh tbo Irish , harp in surer , aBd the date and place ^ f their use '
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Dublin , Saturday Morning—The arrangements are itt progress for a special commission ia the county of Tipperary , for the trial of Mr Smith O'Brien , Mr T . F . Meagher , and the other parties implicated in tke insurrectionary outbreak in that county . The letters and other documents found in the posaeision ol Mr Smith O'Brien have , it is under , stood , induced the Crown to expedite this com . mission . I have reason to believe that the commission will Bit at Nenpgh , the aasea town of the northern riding , and not at Clonmel , as had been generally supposed . I bave also learned that Mr Gavan Duffy will be tried for high treason , but his trial will take place at the commission in Dublin . »»_ .. j »«•«__ :- / . Til » , » ouu «_ .. _ .. .
Other parties ( now in custody ) will be tried for treason at the same commission in Dublin , The Limbrick Eiamikbr oeutaiaa the following : — Mr M'Corniack , an American , was arrestel on the coach at Abbajfeale , on his way from Killarnry to Dublin , He was brought to Limerick by Head Coastabln Mills , an 4 left in charge of Head Constable Mason at Moore ' s Hotel last night . He paid for the bead constable ' * occom . modatlon at the hotel , and was sent on this day ta Dublin , whore his wife and family are . He complains bitterly of the wantonness of his arreat , and bqjb that he has paid his passage to America ,
SHOCKING BARBABITT . A carrespondent at Miltown , Malbay , writes aa follows to the Limerick Examiner : — A horrible case of death , arising from utter destitution , happened on Thursday weeklaBt , in the parish of Mullagy , county Clare . A poor man , who was eut off the relief list , having no means of support , went into a potato garden at Moy-glass , Tbe son of the owner set a large dog at tho poor man , which ( horrible to relate ) knocked him down , tore blm open , and actually devonrod a part of his entrails . The inhuman wretch who set on the dof looked carelessly on , I hops that he will receive ( he reward he deserves fjr such au act . A party of police from Miltowo Malbay were out banting for him on Wed * nesday last , but returned without him , ( From the correspondent of the Morning Herald . )
Dublin , Monday eTening— This day Mr Edward Mathews , a young man who holds a situation ia a government office , waa sent to Newgate , under a warran t charging him with ' treasonable practices ' Ha is said to be the son of Mr William P . IVIathewa , secretary to the Board of Charitable Donations and Bequests , and that the charge against him is grounded on correapeadence which he has had with Mr Meagher . Dublin , Tuesday . —Mr Smith O'Brien has retained Mr Jonathan Honn and Mr Whiteside . Mr Duffy has retained Mr Butt . We know not whether Mr Meagher has yet engaged the services of counsel .
ARRIVAL OF THE BTATB PRISONER } IN BELFAST . About half-paat twelve o ' clock todav ( Saturday ) the government sorewateamer Trafalgar , landed fourteen of the statt prisoners at Dunbar ' a Dock . In the House of Correction ( says the Belfast Chronicle ) the prisoners are privileged to remain daring the day in a large room together , but at night each one retires to a cell allotted to himself . They are supplied with writing materials .
M ) BB ARRESTS . A respectable looking young man , whose name appeared on the sheet as Nicholas Johnston , dealer , was brought before Dr Kelly , at the Henry-street police-office , charged with having a case of pistols in his possession , contrary to law and without a licence . Dr Kelly sent the prisoner for trial at sessions , but said he would take bail fer his appearance . ( From the Daily Netvs )
MEDICAL IMSPECTION OP MR MARTIN IS NEWGATE . Dcblin , Tuesday . —The surgeon-general held A medical examination yesterday into the state of health of Mr Martin . The result is not known . Mr Martin has always been of feeble constitution , and studious habits have not lessened it . Bib chest looka very much contracted , and his extreme roundness of back denotes great weakness there . Eviction on a large tcale is said to be in progress at Ardmora , county Waterford , aud at Carrigaholt , inlClaro .
THB CR 0 P 3 . The accounts of the effect of the storm and rain of Sunday night , upon the crops ia the counties of Dublin , Meatb , Clare , Kildare , and Louth , are very distressing . It appears that the farmers , taking advantage of the favourable change in the weather on Friday and Saturday , set actively to reap the crops that were deemed fit for the sickle . Between the rain that has fallen since , and the storm of last night , all that was cut down presents a wretched ap »
pearance . There is every prospeot of an awful year , far woree than the year previous . The increasing blight of the potatoes , which ia almost universal ; the threatened blight of grain from the bad we < u ther , and even the difficulty in saving turf , oorabine to render the prospect most gloomy . The potato , disease is spreading frightfully through aH quarters and they are now becoming so bad and offensive in man v places that the very beasts refuse to use them . At Limerick , the wheat is so light and thin ia the ear , as to show scarce any nutritious substance .
MR BUTT AND THE SOLICITOR GENERAL . ( From the correspondent of the Morning Chroniclt . Y Dublin , Tuesday . —Daring the firet trial of Mr Kevin O'Doherty , at the ComminMon Court , last week , the Solioitor-General , Mr Ilatchell , made some observations in reference to stristurea npon the conduct of the Attorney-General , which Mr Butt » the counsel for the prisoner , looked upon as containim ; personal reflections upan himself . When the commission closed , Mr Butt made a communication , through a third party ( Alderman Hudson ) , requiring an explanation of those remarks . The Solicitor-General gave a reply to the effect that he did not intend any personal imputation whatever against Mr Butt , aad thus the matter has terminated .
THE CLBABAKCB SYSTEM . The Dublin Evening Pear contains tha following horrible account of eviotions in Me&th : —• ' The sheriff attended at Clondoogan on yesterday ( August 16 ) , accompanied by a numerous police force , and levelled to the ground seventeen houses , sending the unfortunate inmates , eighty four in number , adrift upon the world . The following are the n 4 ra . es of these wretched croatures : —Chai-leq Ash , wife , and five children ; Edward Morris , wife , and two children ; Thomas Brennan , wife , and seven children ; Michael Fitz « mons , wife , and five children ; Patrick Salmon ,
wife , and one child ; Richard Hanaon , wifp . and three children ; Mary Fegan and child ; Henry King , wife , mother , and three children ; Edward Murphy , wife , and seven children ; Widow Kelly , two children ; Widow White , two children ; Patrick Stoiea , wife , and two children ; Bridget Shauness , five children , deserted by her husband ; Widow Conneli , two children : Widow Gilligan , two children ; Richard Gilligan , wife , and two children ; Patrick Mouaghsn , wife , and two children ; Widow Johnson , twj children . I should feel obliged by your giving publicity to the above statement . I pledge mynelf to its accuracy . ' t » . _ . _ mm l »* ¦ . »
* Balunoahry , Mondiy , Aug . 21 . —Wo had a violent gale here last night . Itraieed inoeaaantly . Nearly the whole of the tents of the 74 th Rsgiraent were blown down—even tho mess-teno , which waa well ge « cured , eould not withstand the violence of the storm . Although the country is apparently tranquil , sill few are delivered up . The eaoarapment is expected to be atruck in eight or nine days . FATAL AFFRAY NHAR UPPBBARr . Templemirb Babhacks , Aug . IS . —This day aa DQ'iest was held at this barracks , before Thomas U Meara , Esq , on the body of Joshua Coiville , private of the 43 rd regiment , who died from injuries received m an affray with the people , on the 6 ; h inst . Charles Hunt , Esq ., R . M ., and saveral of the vffioere of the 43 rd regiment were present at the inquiry , ine following evidence waa given : —
John Irmn , oivpoval , was on his return from the town ot i : ipperary on Sunday , the 6 ch in « t ., in company with a comrade . He Baw a crowd of paople assembled round a man oa horsebick . The man seemed to bo exoiting tho people , who then ran ? tT L T ^ > and threw 8 tones st four soldiers of tha 43 rd . Deceased was one of that party . James Mason , a private of tho 43 rd regiment , de » po 33 d that he and nine others of th 8 military wera returning from & publio-house to their camp , bewean eisjht ' and nineo ' olook , wheu they met , ( about fifty yards from town ) a friar oa horseback . lie asked their business , and wa ? asked in turn what right had he to interfere . The corporal and deponent gave themselves Up to the picket . If they had gone to the camp in the state they were , they would have bsen confined , being iound iu a quarrel with the inhabitants . Heard no language that Bight calculated to insult any one . lnree ot the party were very drunk .
John O'Leary , a constable at Ti pperary , deposed with the Rey . Mr Griffin . Called onthem to como withhimtotheirbarracks , after which stones were thrown at the military . Called on a man whom he saw raise stones , and asked him in God ' a name to desist , and he said- Don't yeu see our priest insuited ? Thero were no atones thrown while the friar was there . One of the military ( thinks the corporal ) had the feiar ' a horse by the bridle . He went away as soon as he was let go . Arrested James M'Cartky , who hadatoneB in hi a banda .
Sub-Constable Denia Sheehan deposed that he oamo up to the place where the soldiers and Rev . Mr ( irifhu were in dispute . Was thore bsfore the constable . Corporal I ? win held the horse by the rem . Told him to let him go . He wmld not . Another soldier . came up and wanted him to so away . He then said , 'To hell with Popery . ' The people Wiaaed to strike him . D ^ pou . nt adviaedthe people not , nor to take u ? B&ones . They threw thgm away at the suggestion of the police . Some ether eyidenoe having boeia tfven , the jwy returned aa their verdict— ' Thit tho deceased diet on the 16 th instant , from the iajurioa recflived o * the 6 &b , from a blow of a stq » d on the side of the forehead ; and that said stona was thrown br some persen unknown . '—Evening Packet .
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6 THE NORTHERNJ IARV ' " AtJGUST % U ^ it- ~ *—— ——————^———^ ————«¦—1 ^ Ji M nii linm » animFmniniiiM » MiAliBgW ^ . ^ m ^ - — ¦¦»—™—^ «—^" ^™ " — " ~
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Citation
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Northern Star (1837-1852), Aug. 26, 1848, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct1485/page/6/
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