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6 THE NORTHERN 8TAR1 ' ' " August 26, 18...
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THE STATE TRIALS. CCMMI;SIO>T COURT. . D...
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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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6 The Northern 8tar1 ' ' " August 26, 18...
6 THE NORTHERN 8 TAR 1 ' ' " August 26 , 1848 .
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The State Trials. Ccmmi;Sio>T Court. . D...
THE STATE TRIALS . CCMMI ; SIO > T COURT . . Drain ? . Amust 17- -Tfaf-ir lordships having refumoa'iio & ittini ? of tie C-urtat ten r-eiock , Mr Kevin Izid O'Dogherty was put into tbe deck to Stand his trial sg tia for felony ' = ndc-r tho new Ac-.. MR JAMB 3 MAMIS . . Mr Samuel Wal ^ rhuase . the foreman of the jury whotnedaad convicted Mr Martin , adireuad tee Court with reference to an occurrence which usd taken D ' arwves'e ^ dav evening afn-. r tho verd : et had been Lmnd . " He stated that Mr James Martin , bretber to : he pris ner , entered complainant ' s anop in Dmte street bst night , and accosted hia in an excite ' manner , madoD . ma observations on tbo subject of Hie trial , is the course of which he accused Mr Waterheuse of having ' bullied' kia brother
jarors is -: f finding tbo veidict , and concluded by caalleaf in , him to mortal combat . Instead of accepting the invitation to meet Mr Martin in ba-t ! ea :-ra < - , he felt it his duty to have Lim conveyed to Coilerestreet poUce-tffice . Mr O'Rorke , solicitor lor Mr John Martin , subsequently waited upon complainant , and spoiosisinu ( cr tho conduct of Mr James Martin , which ' vb imputed to excited frelincs , he represented the deip pain which the circumstance would irfliet on tbo ;> ri ? oaer find his family , lie had also received a loiter to tb . 9 S 2 uie tfivcttrom the gentleman himself , ejp .-esiin * regret f-rf the courso pursued . He was to have appeared , in consequence ef the matter , at Coiiege-.-treet po'icc-offisa this morning , but aaTing rrcei ? etl a summons to attend this Ccurr , he thought it his duty , as ha intimated last nuht , to bring * he circumstance bifore tha notice of their lordships .
Mr O'Rorke and Mr Butt interposed on behalf of Mr James Martin , and apologised t- > the Court . Tta Chief Baron observed that Mr WalerLouse had acted very properly-that a g : oi 3 outrage on the administration of justice had been committed , and inquired whether the complainant had sworn informations in the ease ? Mr Wafcerhoine replied that ha would bave appearcd mis morning at the Police Office to do so , but that he had received a summons to attend that Court . Tne Chief Baron then directed that Mr James Martin , at the rising of the Court , bi brought belora them , u > d either apologise fir his conduct cr be puei = hed according to the discretion of the Beach . TEI 1 L OF MR 0 ' D < -GHERTT . The Clerk of the Crown then proceeded to call over tbe panel from which tte jury to try Mr O'Dogherij were to fce t k n .
Mr Butt , Q C , challenged tbe a « ray , on the ground that the panel had not been well , equally , and impartially tried by the Sheriff . The Crown having joined issue , Messrs Rathborne and F . ' ^ sis were ap pointed tritrs . Mr Butt , Q . C ., then stated the nature of the challenge . The prisoner ' s counsel did not mean to insinuate that the panel had been arrayed by the Sheriff for ; hs purpose of prejudicing tho Crown or the priy > nera , bat that he had besn icflaenced by a motive however honestly he might have entertained it , wlicb ought not to have actuated him if he selected tne panel with reference to tfce relig ion of the Jurors , believing that there ought to be a preponderance of Protestants on the jury . Tho book re ? urned to the Recorder , out of which tha revised list was
formed , o .-. ntained 4 , 000 names from which the panel was to * k arrayed indifferently . Of those . 3 000 were Roraar Cstuofici and 1 , 000 Protestant ? : but into that Court r , nan r-l had been returned of about 150 . oi whom f-.-ry 30 wire Roman Catholics acd 120 Protestants . He did not mean that a jury of Prottstatit- . woi-id i-... t . do fall justice , but assuming such a principle o ! t'X . iusion to have been adopted by the-Sheriff , how ^ vt- houes'ly , he conceived ootLinKconld be mort Ca ' cu aitd to excite distrust ia the administration of jas i <; a or reeling of disaffection , than it p ? rFons were to bo admitted to privileges by law , and excluded prac-ir . < y . Mr ' 'ftorke , solicitor fo ? all ths prison' -rs , was then Kami- •} . an 4 deposed that be had twice applied fo a copy of the panel , or for permission to compare it vritli a list of jurors which had baea made cu ; at the time ef ? he revision .
Mr Cvoker , agent for Mr Williams , gave similar testimony . A wun--ss , named Charles Barter , was then f xamined » ita reference to the list wsich he had m *& 2 out at the time of the revision of the panel by the Recorder . A Ir-n-j discussion ensued on the sur-jes '; of this list , which was objected to be received as secondary evidence Tie r-rfginal list , as aetuaL ' y revised nrJ signed by the Recorder , wss then pr . duced , and bavin ;? been hacked o Barber , he was req lired to give evidenci . ' as to hn knowledge of the religion of che prisoners whosa names it coctaired . On cross examination his testimony was deemed insufficient . Mr Butt intimated that he would allow the fact ot but thirty Roman Catholics bsing on the panel to go to tha 1 .-1 * 1 of itself .
The High Sheriff was then examise-i . anu deposed that to iae best of his ability he had arranted the panel without reference to the religion of the parties . He wi » n-t aware of the religion of the prisoners at thetirr . ? , nor even that they would be tried , abd he had nci made any inquiry of Mr Ilamiltor , the only person <* ? w assisted him in making out tha airay , as to the religion of atsy of the gentleman whose names he had ietutaed . After the list had been made out , he sh j wed it to Mr Ponder , who believed it to be a very fair one ; bat fisdinjj that there were bat thirty Rom' ! Catholics on it , and deeming that proportion toosm . iil , he displaced twenty Protestants , and he believe-d tbat there were fifty Roman Catholics on the present panel , and he thought that a jusl proportion . Ths j ane wssthen left t ? the triers , who found tbat tbe a-rsy was fair and impartial .
Tii ^ C : erk of the Crown then sesuraed the caT . ni ; of the ii-it Irom which the jury was to be taken , and the can ; --nges on bith eides having been disposed of , the . ¦ lowing gentlemen were at length sworn : — Divi Alexander , foreman ; Wiiliam Carson , Jogepb R ..-hert Cnmtains . John Cannon , Jarses Wilson , Geor ^ fc Lvon ? , Wm . B . Liwry , Jsmes Hare , Ja ^ es Hooter , J ^ hn flarris , Ssmuei M Alister , and Francis Walker . The C'i-rk of the Crown having read the indictment , -tieh charged the prisoner with tha ssme offence- v- tbcas alleged on his first trial—name !? , the com-. * :- ;• ' ¦ ¦ devising , & s ., to depose the Queen from fee ? iy-e . honour , and Rsyal name as Sovereign of ihe Uo . - ed Kingdom , a 2 d with levying war against her M .-nesty for tbe purpose of compelling her to change trmeasnres ,
The ^ - . lieitor-Geasril then stated the csEeon behalf ' A " . ne Crown , and intimated that other evi denes Wv-aidbapresen-eJ to the jury , whica the Cro ^ n had rot Oien able to offer ca ih-j first tri \ l ol the
urisoner . The 5 = r ^ tetac-Bt for the Crown wa ? , in substance , ths salt-i > . a that rsade by the Attorney . General on this d ? y we-: k . Tas ft ! v , wi n ? as caV . ci for fea Crown ^ a ? , Frai ..- ; 3 M'Eesver—lie ceposd that hs knew the prisf- thr io ? t ' ot-ror five y ^ aw . Was eni-a ^' - d ia tbe same ^ -Ubiishinent with him—rumely ^ ths t of Mr Don-v . . , . ayothees . ry . > lr 0 'D . - > her : y was then E 8 !? ' i is apprtnUc ^ hip . Witness wta at present Mr 1 " .- , van ' s assistant . Witness wss acquainted with j - iardwriting of the prisoner ( ad-c a meat was h * - - put into thi wifness ' s hand ) IL- believed this t - ) - in the handwriting of Mr OD- 'beriv .
A J-r ¦? . —Diay « u . ever see that document bafore BOS' ? Wi . cn-.. s—TVs ; three or four davs a :, o I did . Jnr ; .- —And yst you could not n ^ w say that it •¦ j ; id ii prisc-ner ' d handwriting wiiaout locking ov r -i < . .. t - : •> G ne ~ al . —I desired him to lor-k ovs ^ it . \ : i . ¦* —J S ; ivj n- > cioub ; . of its be : g v \' -. ' - . ? . pri-$ oii =. .- . < l- w i : i . j / . A o u . - -- * — You say there are 5 evt- ; a ! correc ' -lsm . ill throuc : : ao p * yer . Da you believe them t > be ia ths pric ^ n ^ - "« handwriting ? Wit ; :--. —I believe they are . /> tt- - General . — * > Yhenyoufi'stk : e ^ this gentlen'in -.. id he prefix the ' O ' to his taas ? W . r ; -v—I think not .
C < v - ramic ^ d by Mr Butt . —Issw the pnper produced : . Mr O'Ferrah ' a offica three or fo . < r liays ago . I tbink i . waa on Macday last . It was not a Smday . ii-sn -.. Sicily say on what day it W 3 « , basit was th ! swr- ; -k . I got a letter from the piliee nommiseior er- : -pecciEg my attendance at their tffhe , and in ccn = q enee I went to Mr O'Ferrall ' s Lffi-. e . I did n-t fe- -m whp . t they wanted with mi- . I knew Mr o'i ; Dovan had been at the Castle ( .-revi ^ uily , but I d : i rot know then that he w ? m cfc «? ' » to examine ^ -.-iSer the handwriting of fhi- < ii 5 yc-r waste-- ' prL o ; : t ? . Before 1 went there Mr O D ^ no--an told rae for -vn * t 1 was wanted . Mr O' Fer ; 4 i ' 3 D « wed me the m ^ n . . < -ript , and the meaent I va-a . it 1 inid I believed : . was in the prisoner ' s handwdting . I did not rea-1 it inraugb . I looked at the c ^ m ^ enc- ? - merit of it . I did not see the prisoner wriro ttnse
twoyeK : ; . 1 used to tea him write cjc-s ? . rjtly . I need ti -a bim make entries in Mr O'D > toran ' s books , ¦ :: ¦ $ writo medical prescriptions , but I never saw hi ? - , write any lans ; d cumen ^ , such aa a letter . Ih . - r . ve - . duibt that the paper produced ( the mi ^ n-Beripttf ^ iarticle headed 'Oar Harvest Prospect-.- ') in the ; - smtr ' s handwriting . ( Another document —the ¦¦ ..-nu * cript of tha article headed ' Oar War Decar meat , ' w & shtre put into the witness ' s hands . ) This i ? » tia the prisoner ' s handwriting . I used to livu it : - ' o . iibeg-street , aad waa net then verv well tS . I wiss ! - • . & proraieed anything for giving my evidence , nor do 1-tpect anything on oath , ( T ha waiiuscnpt of tbe k- ; 'des fee a ltd * A Lesson from the Insurrection of i' .-ri- - , ' aid ' Courage , ' were then put iuo the wi-. neer- ' - hauds < ird lie stated they were not in the prisorer ' - hdnd ^ riting . )
Mr Viiruoa . or the Stamp Office , was next exam itj ,., j — Ued ^ postd to the declaration of pmprietersbi . - ¦¦ ¦ ¦ ' . he 1 ' anjn . NB having been ledged at b ' B office , gi . it :- t-y Mr 0 'Dob ,. rty ann Mr Wiliiams , and 0 , 01-. i iioban , the printer ; and also to copies of each
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publication cfthat paper , signed by the prisoner , having been lodged there . Cros ' . eraaiii-. ed by Mr Butt . —I account for the eireuobtince of one of the newspapers now produced beini ? fi .-ned ' Kevon Izod O'Dafecrty . ' and the other , ' K . I . Doherty , ' by Huppo-ia ? that the prisoner , whose original name I found on inquiry to hare been D > herf . y , accidentall y forgot hia own name in the hurry of writing . Cons ' ab'e Michael M'Ginn , 12 G . examined . —He brought the newspaper produced at tho office of the Tribune on the 8 : h of July .
Serjeant Prender examined by Mr Baldwin . —Ob the 8 lh of July last he went to the printing establishment frf Mr Purdon , on Batchelor ' t-walk , arm « d with a warrant for the arrest of a person named Iioban . After arresting Hoban he got frcm Mm cprtain rusyuicripts connected with tha Tribdmb newspaper , which he brought away to the detective officer iu Exohange-coart , and locked up there ; lh' -y were afterwards taken to the Lower Ca ^ lfi Vjsrd . The manuscripts already referred to werepr-jdneed , and identified by the witness as those which he had seized . Constable All . n , 5 G , exaained bv Mr Penne father . —I a ' rested th . " pridoEer , Mr 0 'Doherty , at his lodging ? . I asked b'm if he was Mr O'Doherty , and he said bo was . I then said I had a warrant for his arrest . He asl ; ed me if it was for any mailer connected with the Tribuke , and , on my replying in ilie sffirmative , he said , ' Very well , tbat will do , ' and i hat he expected it .
Edward Purdon examined by Mr Pernn . — He was the proprietor of a printing establishment oil Bafchelor ' a-walk . He knew Mr 0 'Doner . ty . The printing of the Tbibokb used to bo done at witness ' s efitatjUsUmeut . Saw Mr O'Doherty there four or five times asking for nroofs .
MR JAMHS MARTIN . Mr Martin , b-other to Mr J .-hn Martin , recently tried and convicted , was then ,, at the command of the Chief Baron , placed at tho bar of the court . Mr Watcrhousa was also called , but he was not in attendance . The Chief Baron said—We desire Mr Martin and Mr WaterhousB to be in attendance at the sitting of the court to-morrow morning . Mr O'Rarke then applied that Mr Martin might bo allowed to stand out on bail , stating that he wonld be responsible for his appearance next morn - in ? i Tbe amplication was granted . Bailiff i were then sworn to keep the jury ( for whom accommodation was provided it the Northumberland IIoteD frcm communicating with any person , and ( be court adjourned till thia ( Friday ) morning , at t-n o ' clock .
Friday , August 18 . —The court sat at the visual hour . THE ATTACK ON THE FORBMiN OF Jf > HN MABTIs ' s JOB . T . Mr James Martin , the brother ef John Martin , was sentenced to ene msnth's imprisonment for contempt of court . THE QUEEN' V . D 0 HERTT . Mr Kevon Izjd O'Doherty , the prisoner in this cj £ c , was placed at the bar , and the jury having answered to their names , The Attorney-General read the two articles headed ' Ocr Harvest " Prospects , ' and ' Our War Department , ' from the manuscript proved to beie the handwriting of tho prisoner , alter which the case for the Grown closed .
Mr Butt , Q C . addressed the jury for the prisoner . This w » the second lime be had to address a jury for hidciitnt , the Attorney-General in tho exercise of his discretion haying thought fit to enbject the prisoner a second timo to the agony of a trial in the sane commi ? sion . He did not object to his taking that course ; on the contrary , be preferred that he should do so ; because he thought the whole case was cow before the jury with such immense advantage to I -o prisoner tbat he expected on this indictment he should be wholly discharged . He called the attention of the jury to tho law and facts of the cass , and begged of them to enAer into a calm consideration of the condn't of the prisoner . He perceived that his learned friend Mr Whiteside was taking notes for the purpose , be presumed , of replying to him , and he
won d be glad to bo replied to by a man of penius , because a man of genius would not geek to prejudice the minds of the jury , or condescend to slander the advocate who discharged hia du ' . y to his client fearless of Attorneys-Genera ) , and perfectly regardless of consiquencts . It was said that he ( Mr Butt ) had made an oratorio *! exhibition ths other day , because he procour . ced the Enplish lan ^ uate as it ought to be pronounced ; and yet the Crown now invoked the aid of the man at the Irish bar , of all others who was best ab ' e to m ka an oratorical display . But though the jury would be fa ? cinated by . his eloquence , be begged of them t > come back to a sober consideration of ihe case , and ask r-htmselves how tar the prisoner at the bar sought to depose the Queen , » r to levy war aeainst her , to compel her to change her measures .
He ca . led the attention of the jury to the fact , that one pai ; oof tbe prisoner ' s manuycript was missing , and he thought the r-nly passages on which they could deliberate had bemi inserted iu that manuscript . He found , ou comparing the manuscrint with the printed article , thst tha tnasuscript of the following passage was r . ot forthcoming : — ' To pave tha coming harvest asd ease their len » in ? thirst deep , deep in the blcod of tfce English * ' oo' It was a curious thing that the manuscript which contained that particular passage , and two er three passages before k , waa not in the manuscript than had been produced . Taking all the facta of the case , the construction he asked thejttiy to put upon it was this , that the editor , who was newly appointtd , finding that tbia manuscript was not stropgiy enough written to Buit the altered tone
given to the paper—for an altered tone had been given to it—altered ¦ his very pas-age which was so atrungly relied upon . Did not this show the enormous danger to an innocent man oi permitting a person to be convicted on constructive evidence . They found one page s ; one , and th ^ y could only find that that one page was gone because the editor had removed it , and substituted for it something of hia own . He begged to call attention to the part of the article which ho would assume was in tbe prisoner ' s handwriting , and from the leading idea in that article th <\ v could judge of the scenes that had tended to mislead hisjudgmeat . His client during the famine fever cf last year had
attended : he fever shtds , and witnessed there the greatest scenes of misery . This it rai that suggested the idea io him . and even the nsnsa of tie paper , because in ancient R-me ' The Tribune ' stood between the Senate and tho people . He called upcm the jury to recollect the scenes that had occurred -iuring tbe last yew . Could they forget that a corner ' s jury had f . iund a verdict tbat tbe present Prime Minister of England was guilty of tho deaths of those wfco died of starvation ? At ; d though it mis lit ba wrong on the part of the prisoner to speak of tho Whig Minister as the ' jackal foe' who drave awav tbe corn from the island , it was not treason to the Quean to make that
assertion . No evidence wa * produced on the prisoner's behalf . Mr Whr . eBiJe . Q .. C , about hall-past two o ' clock , rose to r .- 'oly on rli « yart of theCro-wn . Mr O'Pvorke , the prisoner ' s solic t or addressing their lordships , -aid he objected to the loomed gentleman appearing a ? counsel against his client , inasmuch as be had offered a .-ra a retainer ou the part of the prisoner on cireui * , before he was retained by the Crown , and ho r < -fu * ed to take it . The Attorn » y General : My lord , Mr Whiteside is one of her Majesty ' s counsel , and he is bound by hij oath to aot fer her whenever called upon to do so by the law officers . Baron PeDrefi'ber : Mr O'Rorko , this is a matter we cannot iisfen to here . It is q- 'i ' P i rr e . ; ul 9 r .
MrO'R-orbe ' . I consider it toy du .-y . my lord , to mention the circumstance , and to ent r my proiesc s = airst ihe k-a-ned gtathman ' o aoiing for tbe Crown . Baron Pennefather : You have done so ; butyoa we'e quite insular . Mr Whiteside tlien proc £ edeo ' to it-ply , asd in doing so sstressed his dtep regret at the f-ccurrence whioh hr . d just taken p '< c-, lestitsbtu'd \ y jra ' igined fur a rs .-ment that he had act- ; d in a ^ v wiy which was unbecoming a gentleman of his profusion . Tho facts of tLe case were shortly these—Mr O R-irke , tho gentleman who hud addreised the Court , applied to himon circuit to c ' efVnd snme of tha rar . ies rbvged under the Felony Act at the commission , and i-ffered him a retainer in the u ' -uial way , bat he defined to receive it , and he considered propirlv so , al \ - < ing that he had ccted for the Crown in a siaai ' ar < -. i ^ e a short time
previously , and that be b ? heved th-t as one of her Majesty ' s counsel , the Attorney-Gvueral purposed calling upon him a ^ ain to act for tht Crown . Under these circumstances he ( Mr Whitt-side ) refused to be retained by Mr O'Rorke , and hi believed that he actf d as he was bound in duty to ass , as oao of the Queen ' s counsel , sworn to appear on her b ^ alf when called on . The learned gentleman then went on to refer te the Ac s o ! Parliament upan which the prosecution was founded , and to show the jury that the manuscripts proved to be in the prisoner ' s handwriting fully su 3 t » . J 2 ed the indictment , by establishing the intent which existed in his mind . H-3 aho submitted tbat he was equally to bs judged ai to hia intention by all tbe publications relied on by the Crown , although not in his own hind writing . Mr Whiteside concluded his reply at six o ' clock , when the court adjourned . , , ,
Saturday , Aug . 19 —The caurt - ? at at lei o clock ; the prisoner was placed at the bar , aid—Baron Pennefather proceeded to charge the jury . Af ' er tha very full discussion tke case had undergone , and the ve-rj able arguments they had he ird , as well for the prisoner as for the Crown , little mor < . > remained for him than te draw the attention of the jury to the exact q-Kitio-. ) they had to try—to tha Aot of Parliament upon which that question amse—and shortly to tlr aw their attention to the portions of the e ? id ^ sce which appeared to him mainly to berr upon the case . The Crown were bound to establish , by legal evidence , ths charge made against the prisoner . In this case they bad legally established it . if the jury believed tlie evidence , and , in point of law , they were tot bound to call any other evidence . Then it came U this—whether there was any reason , from his manner , demeanour , or defect of opportunity , to doubt the cvi dence of the witness who proved the pnisocer ' a 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 be contradicted by the prisoner , if it were not true , and if no auoh contradiotion was given , the jury must ask thermelves whether such contradiction could ba truly given ? CouH they conceive that the pri > oner ( if this was not his handwriting ) could not produce n witness to prove that fact ; lie had not done so , and the jury were bound to ask themselves what credit they wero bound to give to tbe uncontradicted testimony of a witness swearing that ho had no doubt of the handwriting . Those were questions whioh it was his duty to present to the jury lor their considerationand it was the duty of the jury to give them the
, answer , which their sense , moral feeling , 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 j ury for their consideration whether it was or not—they should next consider what bearing it had upon the caso . It appeared to be a manuscript with several corrections and interlineations , and tbey wero 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 . The 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 tbe prisoner ' s handwriting ,
and from the fact of the publication , whethtr it evinces the mind of the prisoner , and his concurrence in the mat eis stated in that publication . It would appear that tha print ia a faithful copy of the writing , S 3 far as the writing exists ; bat there was a portion of the printed paper which waa not in the writing . It appeared from eo ^ e reason—accident , or other cause not explained—that about one sheet , or what might be supposed to be one sheet of this writing , had been lost or abstracted , and the part of tbe print for which there was no corresponding manuscript , was unquestionably a part of the print deserving serious consideration , aud , perhaps , not tho least objectionable in the whole of the printed document . It was asserted by the prisoner ' s counsel that supposing , but by no
means admitting , that this paper was in the handwriting of the prisoner , the part missing was abstracted purposely by some other person who super " intended 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 sentimen ' s . Re bad with a pencil marked the passage in the indictment which was to be sent up to the jury , and tbey would hare to consider , on locking to tbe part where it broketff in the manuscript and where it recommenced , whether the entire printing was 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 orconsent of the prisoner , and he would suggest to them that ii any person had
interpolated a passage in the prisoner ' s writing against his privity and consent , and if this person were the editor of the paper , under his control , what ought to have been his conduct bsfore any subsequent publicavion took place ? What ought to hays beaa his conduct in any subsequent publication ? When he was apprised of what waa published , what should have been bis course ? Should he have continued the editor in office , or should he havo continued the paper if he could not control the editor ? Hehadthe means of releasing himself from further responsibility by withdrawing his declaration from
the Stamp-office . In calling their attention to thia article , he would remind the jury of the excuse which had been offered on his behalf by the prisoner ' s counsel . Ha said the prisoner ' s feelings wore so much excited by the misery he saw passing before bis eyes , that he made those publications . But was it consistent to say thee were motives in the prisoner ' s mind for tbe publication , and then to deny the publicat ion altogether ? He had also understood the learned counsel to say , that even ii it were the intention of the prisoner to prevent the exportation of corn , that would not amount to an intention to levy war .
' Salus populi suprema lex . ' He did not know whether that expression was used , but whether it was used or waa not , it was not fcr individual to judge what was ' salus populi . ' It was not for the writers in newspapers , or any other class of the community , to form 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 this country , if the imaginations and caprices cf eaoh individual were to be enforced by the point of the bayonet , and jf every man could justify the calling of the people into insurrection by tho moi to , ' Salus populi suprema lex V A man was not to do that because he thought
it was right , and waa resolved to do it at all hazards . The constitution knew of no such thing , People might discuss » question calmly and dispassionately —they might discuss with vehemence and with talent those measures which they thought right , and enforce them b y argument to the utmost extent of their ability , but beyond that they had na right to go . They had no right to enforce or to attempt to enforce b y armed insurrection the thing which , perhaps , they might think right . He said ' perhaps , ' because it was bard to suppose they could think right such things as were contemplated by these productions ; but suppose they did think them right , they were not justified in point of law in enforcing those intentions by insurrection and 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 an act of hi g h treason on tha part of all those who engaged in it . If the insurrection did not break out _ , but was merely contemplated , the parties who devised and 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 . The jury wore toconeider this question , and give to it the mildest construction th ? y could . Let them not attribute to the prisoner guilt , except they felt constrained to do so , for tho law considered every man innocent until his guilt was proved . If he might venture to express a wish , it would ba this—that those who had been led away
by publications , suoh as had appeared before them —by evil advice , by a sanguine temperament , or any inciting or exciting cause—might rtfhct calmly and dispassionately upon tho blessings which they row enjoy , upon tho safety and security for life and liberty , aud upon tha safeguards which the constitution throws around even those who are accused of an endeavour to sacrifice and destroy that constitution . They should think of thoaa blessings , and not by a rash desire of change—by the desire of change to be effected by bbod—by the sacrifice of life—by the loss of everything they held dear—lead to results which would sink them in a state of slavery , nnd subject them to an iron despotism . He wished those ' . hinaa owH fce thought of , and that men when about
creating disturbance or revolt , would—laying aside all consideratioas of others—all considerations even of li ght or wrong—calmly reflect upon the consaquences , and see how much they wore likely to lose and hazird by such conduct . ^ He could not avoid expressing these feelings which pressed upon his mind in a manner he couH scarcely give utterance to ; but he did r . o !; uso them in any manner to influence their verdict against the prisoaer at the bar . Tbe . y were trying him on an abstract question to be decided upon—by his acts , and hia aots alone , inde > pendently of other considerations . Thay were not to conti'ler the consequence 3 of what he had done , or what he had intended ; but they were to consider whether be did intend it , and had evinced that intention in a ni : mner beyond all doubt .
Thv ju'y retired aboutono o ' clock . Tho foreman , after a brief ab-once , returned ialo court and askid fer the newspapers . Attorney . r , en : > ral — I hare no objection ; tho publi nCu-. h ^ n . v been r ? ored in evidence ; but a qu : r . if n was : ; iir , ' .: d scheating tha papers . Bann Pdnncf ' t ^ e ? . —The prisii- 'r ' s c-vamel objected to sending up tha newspaper * , ai tuny contained other articles besides those which a ,-o ths pubjeot of tha prosecution , and un ! e ; j the pria-j . ii . rM counsel consent . Ioaanoisend th » ci tj y u . Mr Butt . —I don ' t think tbat in a case of this kind we would ba justified in onsen ' -ing . Atto-ney _ G ; neral . —Tho ti-. ' f sheet of the indidtment contains o verbatim copy of SllS articles . The jury retuvil . Athalf past ouo »>' cWk the jury f < rain carno out , and a " . 'li ' . 'd io < - aopy of tha Act , < , f Pwliainsnt ,
Sir C-iioian O'L » ghlo l—Siuca that question was last liUcussod I hwe . referred to Thistletvood ' soase , and in » hat ease Lord Cnbf Justice Abbott consented ta giv-i fie Act ot Parliament to the jury . A tiorney-G -neral —He read it to them . SrColraan O'Loghlea . —He offered it them , but one tf : nem said it would be sufficient fir his lordshio to reid it . Foreman . —There are some of the jurors who have a doubt as to the act ' s showing his intention , and beet you will again explain it . Baron Pennefather read an extract from the Act of Parliament bearing upon the point to which hia attention had baan nailed . A Juror . —D ; es the mere publishing of an article imp ' ? an intent to da the act ? Some of the jurors think we must tell the innermost thoughts of the s-en ^ em ^ n .
B . ir . m Pcnnefatner . —The mora publishing will not V > e ennn . 'h . You must ba of opinion that he bad tho intention in his mind . If he wrote it a man can scarcely ba said to write what he did not intend , a « that if ho knowingly publishes a thing , it ia to be taken that he intends what is the fair import of what be knowingly publishes . At half-past three o ' clock the court direo & od tlio sheriff to inq lire if the jury were likely to agree . The ahsntf on hia ret . urn inVimatecl that the jury told him thsy were deliberating , thord was no chance of their speedy agreement but they did not ime tho matter up . At half-past five o ' clock the Chief Baron again dirf cted the aaeriff to ascertain ii the j ury were likely t- Hgree . The High SherhT .-They have not 3 greQr 3 , Chief Bsroa . —Swear bailifi ' .
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The High Sheriff . —Two of the jurors desired me to mention to your lordship that they are very ill . The jury were called out . Foreman . —Thero is not the aligU « ri probability of our agreeing . There are three or four of thejui-y who are not of the same opinion as the rest , and if we were to remain closeted until Monday morning , I am a 3 confident as I exist , that I would have the same answer to give to your lordship . I am very unwell , and have been Ion ? in attendance during this commission . I must call in the first place for medicine , and I feel if I were oloaeted fur the night , it would endanger my Hfo . Another Juror . —I am also unwell . Dr Spendy waa directed by Baron Pennefather to ascertain the state of those jurors' health , and repert to tbe court .
On his return , he examined the foreman , who was ver y unwell , and had all the premonitory symptoms of fever . It would ba dangerous to his health if he were longor confined . Another juror alto suffered from palpitation of the heart . Baroa Pennefather . —If they wero kept for the night , would it be dangerous to the life of Mr Alexander?—Witness . —I think so , Baron Pennefather . —Would keeping ? him now on be attended with danger . —Witness . —Certainly , my lord . An entry vras made on ( he record puvsuant to the evidence of the physician , and tho jury was discharged . It h the intention of the Attorney-General to have th e prisoner again tried the next CDinmisaion .
Mr Butt . —I am instructed to apply on tha part of the prisoner that he should be let out on bail . Baron Pennefather . —Certainly not . The prisoner was then removed .
SENTENCE OF TRANSPORTATION ON JOHN MARTIN . The prisoner was brought np to receive sentence . The Clerk of the Crown asked him if he had anything to say why sentence should not be pronounced upon him . Prisoner—My lords , I have no imputation to cast upon the bench , nor have I anything with whioh to charge tbe jury . I think the judges desired to do ( heir duty as upright judges ; and I tbink 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 tbe Attorney-General , or to any person who was engaged in what
is called my trial . I don't think I have been yet tried . Legal formalities have beea carried on for threo days , and there has been a verdict of guilty against me , but I have not yet been put uoon 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 because the parties representing the Crown knew that their political principles were opposed to mine ; and the question at
issue was a matter of politics , and not a matter of fact . I do con sider the judges to ba upright ond horourable men ; and with respect to the charge I make against 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 fact , and I would represent moat respectfully to the court that they , as upright and honourable men—as judges and citizens—ought to see that tbe administration of justice in this country is above suspicion . I have no more to say about my trial : but I wish to say something in vindication of my character ano motives , aftersentence is passed .
Chief BaiMn . —We can hear nothing from you after sentence is passed . Prisoner . —Even admitting the confined constitutionsl doctrines I have heard broached in this court to be the right doctrines , I am not guilty according to Aot of Parliament . I did not intend to levy war against the Q , ueen , or to depose the Queen , by the article of mine on which tbe jury have framed their verdict of guilty . The object of the article written in prison and published in the last number of my paper , was this—to advise my countrymen to keep arms , because it waa their inalienable right , which no Act of parliament or proclamation can take from them . I advised them to keep their arms and nse their arms in their own defence against all assailants
—even assailants wbo might erne 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 the 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 Grimes this country presents , its pauperism , and the hatred of all classes towards each other . While that system lasted I oiuld not have peace of mind , and
could not enjoy anything in this country atall , so long as I believed my countrymen wero forced to ha vioieus and to bate eaoh other , and were made paupers and brutes . I acknowledge I havo been but a weak assailant of the English power , I lam not a good writer —I am not a speaker at all . I had only two woeks of experience in the conducting of a newspaper when I was put into gaol : but I am sstisfied to refer to my countrymen to everything I have written and said , and to rest my chara -ter on a fair and candid examination of thorn . I will say nat ' ning in vindication of my motives ; but let every fair and honest man , no matter how prejudiced it maybe , cal-aalytake what I bave done , and consider my acts , and he must be satisfied that my motives were pare and honourable . I have no more to say .
The Chief Baron then proceeded to pass sentence on tho prisonsr , 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 tho attention of the prismer , but as a warning to those who had been led , or might be led , into similar courses . The OOUi't had ' olt 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 cannon condescend to accept mercy . I believj I am morally right , and I only want justice . The Chief Ba on , after some further observations , sentencad theprisocer to ten years' transportation . * - THIS QUBES V . SHAW . The trial of Mr Shaw , the printer of the Felon , was ako postponed . TUB V . DKLANY AND OTHERS .
QUSEN Thomas Delany , and the other printers of the Nation , wero admitte d to bill . They are bound by their recognisances to attend at the next commission . THE TJA . KCER OF KEEPING PIKES . Mr Baldwin , Q . Ci reminded the court that during that coui ' -sis . ion a lenient course of conduct had been adopted by the Crown towards those persons in whose possession pikes wero found , on the parties submitting ; but he bagged to give notice , that taking into consideration that the pike is a weapon which could not be kept for any good purpose , they would feel it their duty in e ? ory caie where , in future , a pike was found in a man ' s possession , to press the ease against him . THK Q , TJREN V- WILLIAMS . Tne trial of Mr Wiiliami , tho partner of Mr O'D-j ^ herty in ' the propriatorship of the Tmbu . vb , w . » s pa-itpoaed , en the application of the Attorueydneral .
( From the Morning Post . ) Duulin , August 17 th . —Gr « at damage has been done about Limerick by the heavy rain of the last fewdaj 3 . Fields of wheat , barley , and oats , are pras ' fiita in all directions , Tha potato rot is now alniT "* universal . 0 ^ 'ltnrday night , a barbarous murder was commit teu -in the person of Mr Leahy , an Irish sohsol inabnia -r , whilo returning from Ennisk ^ an ( oounty C-j .-k ) t sir , be ! d on that day . lie was struck on tho h ^ a-l w th a large stoue , a- ^ d killed on the spot . Nino pers . m ;! ;> ave been arrested en suspicion . Several meu-of-war steamers are now cruising about the Bay of KUlala , and ooo is aoSually anchored iu Kilcumin where , it will ba recollected , the Freuch lauded in ' 93 . EXZCUriO . V OF PATftICK PR 1 C 8 .
This unfortunate yjuog nun , wiio ¦ nn only about twenty years of age , wai osnvioted at the late asuaes held for ' tha Queen ' s County , for the murder of John Marion , at Liughteajue in that county , on Snnda * / , the 7 th day of March . 1817 , underwent thaa ^ fui sentence of tho law this day . At ab > ut half- -past eleven o ' clock . 10 D of tha constabulary , with t ' . ie dataoiiraeni of the 71 H Regimen' ; , quartered he \ . ai were drawn up in front of tha gaol . There w aof ) l , r . 1 , 000 p- ; riona col ' eo & ed to witness tha © xeoution . At twelve o ' clock thaoonviot was lauao > . e , i into eternity , and died without a struggle . BTA . TB Or CLONltUL AND AOJA-09 ' , ^ TOWHSt ( Prom Saunders ' s News Letter . )
Olonmcl , the adjacent taw } & n & surrounding country remain perfectly quia * # taou ? < j many places aro still without their c ^ o' . ubu ' . ary station ; there ascma to be a remarlja . \)> . a agasri 03 0 f even mi - nor orira « a , ror does their * 5 > ipposr fc 0 b 3 t ! lQ lQ ; igt [ j ^ . ho jd of a ssrious ouibr \ l here , or any where in this county . The only ta' , ng tna !; Wjuld reader it at all probable is the pr . »» r eS 3 0 f tiJ 0 pnta !; o disease . Many of the amall lanto' , idars say . if the po'atooa fail they can pay no rent , aud thaj will not allow their corn to be sold orreiy . 9 Ve 4 , but tha ; it mu ^ t remain with them to support thorn—and they state their determination to Ir . ep it in their own hands at all risks . I grea ' . ly re ' ^ t tosay that the blight does prevail mom and mi >' , e : thf re are few fields in this neighbourhood that ^ t 0 free from it . Many of thorn are badly attao ^ ed , and in several instances a considerable pro-Portion of the crop ia already gone .
TUB CROPS IN THB SOUTH 0 P IRELAND . A gentleman who has traversed the greater portion of the counties of Cork , Wattrford , Carlow , and Kilkenny , within the last week , has communicated the following information of the growing crops ,
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which is possessed of national interest at the present moment : — .. ,. , » In the counties of Cork and Iverry , which form a largo proportion of the south , and south-west ot ireland , tho plant of po ! atces has been exceedingly large , computed by many to fully equal the growth ot two years a ? o , when the raort d struotive bli * nt was experienced . With scarcely a single exception , the fields now present nothing but a blackness of withered foliage , the stems in some instances retaining their gnea huo , and in ethers , turned to a yellow colour , alter the destruotion of tho leaves . The disease , judging from the colour of the fields , has been mast virulent in the extreme southern and western parts of the county . In Kerry especially , not only the leavesbut the stems also are perfectly 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 tree , the great bulk , equalling five-sixths of the whole , being to all appearance completely destroyed . The tubers , when dry , present , in these counties , more or less unequivocally tho figns of decay ; black spots are apparent , and in some oases they have already rotted away . . „ , , The wheat-lands in Cork have univewa'ly fluttered from the haavy rains . Oats are lrdged en the ground ; and the general feeling thrjughout the oeuntv ia ona of extreme despondency .
Proceeding in a north-easterly direction from Youghal , through Dungarvan to Waterford , tho lesser quantity of rain which has fallen in that district is apparent torn tho bettor standing of tb . 0 grain . Wheat , notwithstanding , ia very light and thin , but little has yet bsen cut . and the continuance of wet unsettled weather during the present week is every day diminishing the chance of a successful housing . From Waterford , striking northerly by Knock-Bople , though county Kilkenny to Carlow , the country wore a more cheering aspoct . In the aeighbourhood of Kilkenny , wheat and oats are reported as being good crops should cot a longer continuance of wet prevail .
Afser leaving Waterford , the eye is relieved in a great measure from the succession of blackened fields which wear so distrewsg an aarect further south , but over the routa of one hundred miles travelled from that oity to Dablin , a perfectly healthy field was a rare exoeptien , the large majority varying in their darkened hue from tho first brown tint , aymp tomatic of approaching ruin , to the jet black colour indicating complete destruction . As a general deduction , the main or late crop is almost universally affected , tbe disease assuming a greater intensity in seme districts than others , but from its direful tffects in those parts where its fist appearance was manifested , great fears are entertained for thoso where at present it is yet in a less virulent form . The r ^ rain crops in South Ireland being thin on the ground , and a very small propertion yetcut , are anticipated to be under an average in yield . To these barley forms a partial exception , which in most places appears well .
JOHN MARTIN . ( From tbe correspondent of the Morning Herald ) It ia really melancholy to hear the poor people ef the neighbourhood of Loughorne ( nearNawry ) speak of their benefactor . Several of his tenantry came up to town to be present at his trial , and , as they hoped , his escape—for they could not bring themselves to believe a man 89 amiable , so gentle , and pious , aa they bad long known him , could be an inciter to bloidshed , Mr Martin ' s property at Lnuehorne is said to be worlh a clear net rental of £ 700 a year . Two of his brothers have al-o landed property io the same neighbourhood , eaoh of about equal value . I understand that before he published a single number of the Felon he assigned _ all hia interest at Loughorne to his brothers and sinters , which pretty plainly
shows that ho 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 pro ' ession , he devoted himself to the more eimpleand le s exciting . However , he did not abandon entirely the study of physic . lie was ever ready to administer advico and medicine gratuitously to his poor neighbours , and all who sought his assistance ; and , accsrding to the report 1 have received , an incalculable amount of good he did in this way . Aa a landlord , he was beloved by his tenantry for his kindne ; a and liberality , while from bis suavity of manner and excellent qualities he was a greit favourite with the gentry around him . It appears that John Mttchel and he ware schoolfellows and most devoted friends .
( From the Dail y News ) BEMOViL OP PRISONERS . DrjBtiN , Aco . 18 . — This morning fourteen prigoners wero removed from the gaola of Kilmainham and Newgate , under a strong escort of constabulary and city police , and sent by railway to Kingstown from whence they were transmitted , on board war steamers , to Belfast . It is supposed that thectowded state of thosegao ' s * was the causa of thia removal .. We tubjoin the name of the prisoners . —Mr Meany , of the Tribune news paper ; Mr Brennan , of the Iaisn Fblon ; Mr O'iliggiuB , the Chartist loader ; Mr O'Rorke , of Clontarf ; Mr Walsh ; Mr Grotty , 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 , Aug . 19 . —Five of the young men employed at the establishment of Messrs Cannock arid White . g Of Henry-street , were thu day arrested ill their employers' shoo by a party of polios , and taken to the Police Commissioners' Office , Lower Castleyard , Five foreigners , who were arrested at the Charleraont Hotel , Ainwh , on Sunday morning last , after being sent to Dublin , guarded by a strong do 1 : ' os force under the command of Sub Inspector Kelly , wero , after a brief examination , liberated by order of the Lord Lieutenant , They were all Americans , who had been making the tour of Europe . ( From tho correspondent of the Morning Chronicle . ) ABTmYFBAL *
rrjBLiM , Fuiday . — Several more persons hive bsen arrasled , charged with being concerned in the robbery of the mail bi ? s . Five peasant 1 ) , named Tuomy , Danaher , M-Auliffe , Grady , nnl Collins , wero arrested by tbe police in the rmuntains . and ware brought into Abbeyfeale on Wednesday hvt . Nine others were arrested on a similar charge , near Listowel , on the Kerry side . W . F . Hartnett . who is in Limerick gaol , on a warrant for ' treasonable practices , ' is not at all implicated in the attack on the mail-ooaohes , but his brother , Daniel Hartnett . who has absconded . Stephens died in Kilkenny , on Thursday night , of mortification of tbe log . The Clismbl Chronicle contains the following : —
AreesT of one of the Ballinoabbv WiMJNDED Rebels . —A man of the nomo ot JauK'B Dwjer wa ! brougu into Gionrnel yesterday ( Thursday ) , and iadgsd in ihe county gaol ; ho was one of tfia insurgent hand in the battl ? of Boula ; h Common , aad atBall-U & arry , and had a dreadful wound In the HgU . bnaat . S-tr since tho affriy , he h »<» been concealed ip , one of the pits in the ¦ vicinity o ? Boulagh , anl irom in ' foriaatlon rcooirod by the authorities ' , he was arrested down in the pit a f « w dayaslQDJ , and conveyed to iftiiiouanie , from whioh place be was escorted to Clonro o ' , JOBS o ' cf . NNBLL .
It appears that Mr J ' jhn O'Oonnell arrived in I Dublin on Wednesday , and proceeded to take msasuresfor inquirin * into y , ha expediency of renewing agitation iu Gonciliatinii Ha'd . It would seem that tha parties cansaltod u on this question had a whole some tear of the cop sequences , should tho government insist npon alt agitation being peremptorily Stopped ; W . d it waa decided that ' the flail should remain closed for Eomo months . —Leinster Express . ( From thaw respondent cf the Morning Chronicle . )
M 0 U 2 ARUEST 3 IS DURUM . Sunday . ; - -Last ninhfc constable Prender , of the deteccivo pel ' co , arrested Thomas Grotty at tho establishment of Morsrs Piin , in Sautb Gre » t George ' sstrast ^ r , aehar ? o of high treason , He has bfen comnur , » ed to Kilmiinham . The prisoner is brother to Jar flea Grotty , arrested at the same placa SMne weair 3 ainoe , now detained in Belfast ; House of CorreoMon . Mr Gunning Taafo , who waa arres-ted in Balhn-( Tarry , has been committed to Newgate . E- ! CiPB PP MR o ' oQRMAS . The Limerick Kxmiiner , a Rspjal paper , alleges that Mr Richard O'G lrman has escaped , and that Mr Littlo , the resident magistrate , unconsciously aided in his flight . The following , which appears in the Limerick Chronicls , relate- ) to the same subject : —
In enm-quoace of private information r-colvtd tbat tho chief * ctiarged with iroaeon wera at K'lkee . a party of oonstabulury and Captain Norton ' s company ofrln 88 bh R glment . und « r the dirtction of Mr little , R . M , proceeded to Kilkca and its nei ghbourhood at tho hour ot midni ght , Beforo tho troops had quite arrived at Kilkcc , Mr Litrla proceeded in advance , and ordered the local cocatibulary to immediately surround on ! guard tbo hotels and tomo pm .-Uo houses . On the arrival of the military a rigid search wm rWe of iho different plason mentioned . Tho trsl-ors wer * ea ' d to be dlsguioed as fatnalea , and occupied ladies' apartments ; it , therefore , b ^ camo abeolutily uectsgnry , on this importan ! datr , thst all tho ladies' bedrooms ( notirithgtandlnj : tho high rank of souk ) waulj ba searched . This painful duty ( as mv . ny of the Udl-.-s wero in their bedo ) was performed by Mr L'ttle alono , and ia tho most delicate manner possiMe , consistent with his magisterial duty .
Tae sa e of the household furniture and tUiobs oi Mr Charles Givan Duff / , ' by order of the trustees , ' ' ia announced for Wednesday next , and the twi following days . Judging by tha catalogue , Mr DuffyV hoii ^ e and grounda at Merlon , a mile from the metropo . is , musi ; havo betn fitted up in an elegant and costly manner . Amongst the items is the following : — ' The furniture of an apartment in R chmord Prison , occupied by O'Oonnell , Mr Duffy , and the other ata'e prisoners o ? 1844 , raounred with the Irish harp in silver , and the date and plaoe of their use . '
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Dubli . v , Saturday Morning—The arrangements are in progress for a special commigMon in th « euo [ ofTipperary , for the trinl of Mr Smith O'Bnea m ? T . F . Meagher , and the other parties implu ^ J in tho insurrectionary outbreak in that cn uni " The letters and other decumenta found in tha possession ol Mr Smith O'Brien hive , it ia UtK | stood , induced the Crown to expedite thia com ! mission . I bave reason to believe tbat the commission wjii sit , at Nenagh , the ass z * town of the northern riding , and not at Clonmel , as had been generally supposed . I have also learned that Mr Gavan Duffy win ba tried for high treason , but his trial will take p ' ace at the commission in Dublin . Other parties ( now in custody ) will be tried fur treason at tbe same commission ia Dablin , The Limerick Examiner can tains the following : „
Mr M'Cormack , an American , w « a arrcflfalon the coichat Abbejfeale , on his way from Killarncy to Dublin Ha was brought to Limerick by Head Coaitnble Mills * an-ilelt In ubargo of Head Constable Mason at Moore ' a Ho el last night . He paid for the head constnbltj ' a accom modatton at tbe hotel , and was Bent OU tMg flsy t , Dublin , where his wife and family are ; He compiai Ka bi ' . torly of the wantonness o . ' hie arrest , an 3 eays that ha has paid his passage to America .
SHOCKING BARBAItlir . A correspondent at Mdtown , Mulbay , writes as follows to the Limerick Examiner : — A horrible case of death , nrlsin ? f / oia utter destitution , happened on Thursday week last . In tha puri « h of Muiiagy county Clare . A poor man , who WB 3 tat off ihe rtluf , list , having no means of support , went iuto a po ' a ' o garden at Moy-gl & ss . Tho son of the owner set a largo dog ot thi poor man , which ( horrible to relate ) knocked bim down , tors dlui open , and actually devoured a part o : his entrails . The inhuman wretch who ftet on the dog looked carelessly on , I hope that be will receive the reward he deserves fjr such ao act . A psrty of police from Miltowu Malbay were out hunting for him on Wednesday last , but returned without him . ( From tbe correspondent of the Morning Herald . )
DonuN , Monday evening . —This day Mr Edward Mathews , a young man who holds a situation in a government office , was sent to Newgate , under a war . rant charging him with ' treasonable practices . ' He is said to be the son of Mr William P . . Mathews , secretary to the Board of Charitable Donations and Bequests , and that the charge against bim ia grounded on correspoadence whioh he has had with Mr M ^ ber . Dublin , Tue day —MrSmith O'Brien has retained Mr Jonathan Honn and Mr Whiteside . Mr Duffy has retained Mr Butt . Wo know not whether Mr Meagher has yet engaged the services of counsel .
iSMViL 01 ? lUE BTVTE PRISONERS IS B ? I , FAST . About half-past twelve o ' clock to day ( Saturday ) tho government sorewsteamer Trafalgar , landed fourteen of the otat * prisoners at Dunbar ' s Dock . In the House of Correctien ( says the Burnsr Chronicle ) the prisoners are privileged to remain during the day in a largo room together , but at ni (? ht each one retins to a cell allotted to himself . They are supplied with writing materials .
M BE AHRKSTS . A respectable looking young man . whose name ap . peared 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 rosaeaaion , contrary to law and without a licence . Dr Kelly sent tbe prisoner for trial at sessions , but said he would take bail for bis appearance . ( From the Daily News ) MEDICAL WfFECnO . Y OF MR MARTIN . ' IS SEWOVTE . Dublix , Tuesday- —The surgeon-general held a medical ex nmination yesterday into the state of hf-alth of Mr Martin . The result is not known . Mr Martin has always been of feeble constitution , and studi-ms habits have not lessened it . His chest looks very nuch contracted , and his extreme roundness of back den tes great weakness there .
Eviction on a large fcale is said to be in process at Ardmore , county Waterford , and at Carrigaholt , in ^ Clare . THE CROPS . The accounts of the effect of the storm and rain of Sundav night , upon tha crops ia tbe counties of Dub'in . Meath , Clare , Kildare , and Louth , are very cistreBaing . 11 appears that the farmers , taking advantage of the favourable change in the weather on Friday and Saturday , a ? t actively to reap the c-ops that were deemed fit for the sickle . Between the raiu that has fallen since , and the storm of last
I ninht , all that was cut down presents a wreiched appearance . There is every prospect of an awful year , far worae than the year previous . The increasing blight of the potatoes , which is almost universal ; the threatened Might of grain from ths bid we-. t'ler , and even the difficulty in saving turf , combine to render the prospect most gloomy . The potato , disease is spreading fri g htfully th'OUgh a'l quarters and they are now becoming so bad and off-naive in oanr places tbat tbe very bsasts refuse to use tbem . At Limerick , the wheat is so lijjht and thin in the car , as to show scarcn any nutritious substance .
M « BUTT AND THS SOLICITOR GENERAL-( From the correspondent of the Mommy Chronicle . ) Dublin , Tuksdat . —Durin ? tha first trial of Mr Kevin O'Doherty , at the Commisi-ioa Court , last week , the Solicitor General , Mr Harebell , made somo observations in reference to strictures upon tha conduct of the Attorney-Goueral , which Mr Butt , the counsel for the prisoner , looked upon as containing personal reflections upon himself . When the commission closed , Mr Butt made a coarn'mioUton ^ through a third party ( A'derman Hudson ) , rrquiring ao exphnation of those remark * . The Solicitor-General gave a reply to the t-ffect that he did not intend any personal imputation whatever againaJ Mr Butt , and thus the matter has te ? minat 2 d .
THB CWSARANCE SSsTBM . The Dublin Eve . ving . Post contains ths following horrible account of evictions- in Meittb I *— The sheriffahended at C oiidoogan an yesterday ( August lf » , accompanied by a aurnorcuj police force , and levelled to the ground seventeen houses , sending the . unfortunate iwaateai eighty four in number , adrife upon the world . The following i » re the names of thesewretched creatures : —Chad-lei Ash , wife , and fiTO children ; Edward Morris , wife , and two children ; Tanasas Brennan , wife , and seven chi'dren ; Michael Fi-awnooe , wifo , , ind fire children ; Patrick Salmon ,
wiie , and one child ; Richard Hannoii , wifH , and three cniltlren ; Mary Feg & n and child ; Henry King , wife , mother , and three children ; Edwasd Murphv , wife , and seven children i Widow Kelly , two children ; Widow White , two children ; Patrick Stones , wife , and two children ; Bridget Shauness . fire children , deserted by her husband ; Widow Council , two children .- Widow Giliigar , two children : Richard Gilligan , wife , and twooh'l . ' ren ; Patrick Monaghan , wife , and two children ; Widow Johnson , two children . I should feel obliged by your giving publicity to the above statement . I pledge myself to its accuracy . '
Balli ^ -garry , Monday , Aug . 21 .. —We had a violent trale here last ni ght . It raised incessantly . Nearly -. ha whola of th ? tents of tho fith Regiment wore o ' own down—even tho mew-tent , which waa well se « cured , could not withstand tho violence of tho storm . Aith . maa tha country is apparently tranquil , a-illfew sro delivered up . The encampment is expected to be struck in eight or nine days .
FATAL AFFRAY NSAR TIPPEEARr . Trmplku ns Bins-vcKs . Aug . 13 , —This day an inquest was iiold at this barracks , belora Thomas O'Meara , E ? q , tn tha body of Joshua Colville , prirate of the 43 rJ regiment , who died from injuries received in an afj-ay with the people , on the flch inst . Chirlea Uunfe , Esq ., R . M ., and saveral of the i ffieers ot ths -13 .-d ce ^ iravnt were present at tho inquiry . The following evidence was given : — John Irwin , ocrponl . wis on Im ve ' arn from the town ot Tioperary on Sun . iay , tbe Gsh in t ., in eompar . y with a comrade . IIo saw a crowd of people assembled r . mnd a man oa horseb ; ck . The man seemed to be exoiting the people , who then ran a ^ ay from him , and threw swnes at f > mr sokiiera of t ' le 43 ; d . Deceased was oae of that psrty .
James Mason , a private of the 43 rd n ^ i-neat , de « possd that ho and nino ot'ie-cs of the milhary were returnis ^ from a public-house to their caino bo . U- 63 n einnt . ' and nine o ' clock , when they : net ( aWt fifty yards from town ) a friar on horseback , lie asked tber business , and wai a * k ° d in turn what ri ; ht had ha to interfere . Tha orporal and depomnt ; avo themselves up to the picket . It they hv \ cone to the camp iu tha state they wore , thoy would have been confined bain * found is a quarrel with the inhabitants . U-ard no language that night calcu l ated to insult auy one Throe ot the pany wor . > very drunk .
John O Leary , a cusfablo at Tipperary , deposed tbat he saw two soldiers in an an ,,- ™ conversion with the Re ? . Mr G .-. ffia . Called on ' ihe . n to come with him to their barracks , alter whioh sconoa were thrown at the military Called on a uian whom ha jaw rane stones , and asked him in God ' s name to desist and he said- 'Don ' t you see our priest inftulled i 1 nerd were no stones thrown while the iriar was there . One of the military ( thinks the coruora !) had the friar ' a horse hy the bridle . Ha went away as soon bs he was let go . Arrested Jaraea AVCartliy , who hsdstoneg in his hands .
Sub-Constable Denis Sheehan deposed that he oame up to tho place n here the soldiers and Rev . Mr Gnffin were in dispute , Waa there before the constable . Corporal Irwin held the horse by the reia , lold him to let him go . iU wmld not . Another soldier camo up and wanted him to go awiy He then said , * To hell with P , -perv . ' Tho pecp . e wished to striko him . Dapciunt adviwdthe people not , nor to tnks up sfcooss . They throw th-. 'm away at the suggestion of the polico . Some ether evidence bavins been triven , the jury returned m their verdict— ' That tho deceased died on the 16 th instant , from the injuries received oq the Gtb , from a blow of a stone en tbe side of tha forehead ; and that said stone waa thrown by goae peraen unknown . '—Evening Packet .
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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) ncse2.kdl.kcl.ac.uk/periodicals/ns/issues/ns2_26081848/page/6/
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