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|■ - ■■ ——i THE STATE TRIALS,


■ ■■ ——i THE STATE TRIALS, CLONMEL, THURSDAY, SEPT, 28.-The trial of Mr. Smith O'Brien, M.P., for high treason, was opened this morning. The Countess of Donoughmore sat in the sheriff's box near the judges Lady Osborne and several other ladies were in the sheriffs' gallery, but neither Lady O'Brien nor Mrs. O'Brien was present. Sir Lucius O'Brien and the Rev. Edward O'Brien, brothers of the prisoner, were in the body of the court. The Attorney-General, the Solicitor-General, Mr. Scott, Q.C., Mr. Sausse, and Mr. Lynch were the counsel for the Crown; Mr. Whiteside, Q.C., and Mr. Francis Fitzgerald appeared for the pri- soner. Before Mpr. O'Brien was called upon to, plead, the prisoners Tyne, Orchard, and O'Donnell were brought up, and Mr. O'Callaghan was assigned as counsel for each of them. Upon their retiring, Mr. O'Brien came to the front of the dock, and stood for souse- minutes leaning against the rail. He was then accommodated with a seat. He was perfectly composed, and nodded familiarly to Dr. Gray, who sat near the dock. The prisoner was then called: upon tosay whether he was, guilty- or Dot guilty of. the charge in the indictment, to which he replied; in an emphatic manner, "Not guilty." Mr. Whiteside said he had to ask for a copy of the. panel of tne.. jury for a few hours. The Lord Chief Justice said the court was of opinion that the; application must be refused. The panel, which contained 288 names, was then read over by the Crown Solicitor. Mr. D. Fitzgerald, on behalf of Mr. O'Brien, challenged the array. On the grounds of partiality and unindifferency,he prayed that the panel might be quashed. The Attorney-General thereupon applied to the court to appoint tr;ers, and the Hon. Mr. G. J. O'Callaghan, another of the grand; jury, and the Hon. A., Prittie having been sworn to try the issue, The triers declared their verdict in favour of the sheriff's panel. The court then, at a quarter past seven o'clock, adjourned. CLO-NiEL, r# RIDAY.-Tho trial of Mr. W. S. Brien, M.P., WAS. this morning resumed. The excitement which was exhibited yes- terday had much increased. There was a greater number of ladies. present in the gallery, and every part of the court was crowded. The prisoner remained, perfectly calm throughout. Mr. Whiteside then made application to the court to have the jury chosen by ballot. The Attorney-General refused. The panel was then called, and a large number were challenged p I by the prisoner, and the jury stood thus:-R. M. S. Monsergh. (foreman), E. C. Moone, R. A. Gason, J. Going, John Lloyd, J Perry, J. Russell, E. Penefather, T. Sadlier, J. Tuthill, S. Mbn- sergh, and C. Going. Mf. Fitzgerald stated that he and. his learned friend wished all. the witnesses to leave the court. The Attorney-General had no objection but one genIJeman, Mr. Hodges, was also engaged on the part of the Government to. report the proceedings on this occasion. The prisoner So far as I am concerned, I do not acquiesce in. Mr. Hodges being present. He departed from his character of a, reporter. We afforded him every accommodation at various pub- lie moeti ngs,-we treated him as a guest, and now it turns out thats, he was a spy. I think he has no right to be present. Mr. Lynch opened Hie" PFEADMGSJ^ANIFftfiie''A1{l?S¥ft:y-vienera.t addressed the jury. Mr. H odges, the Government reporter, was the first witness, examined. He deposed to his having gone to a. meeting of the Confederation in March, and proceeded to read a speech Mr. O'Brien made on the 15th of March, 1848, on the occasion of moving an address to the French nation, as well as other speeches,, The court soon afterwards adjourned. The trial of Mr. Smith O'Brien was resumed on Saturday, at ten o'clock. The following witnesses were examined for the prosecution :— Captain Eman, 41st regiment, who was entrusted by General Macdonald with the packet of letters found on Mr, bmith O'Brien, after his arrest at Thurles Mr. Gore Jones, stipendiary magis- trate sub-inspector Cox constable Mulroone Mr. T. Burke, an extra clerk in Mr. Redington's office, who deposed to having received the letters found in Mr. O'Brien's portmanteau: Mr. Allisson, deputy-governor of Kilmainham gaol; Mr. W. 0'Hara» who identified a letter as being in the handwriting of Mr. O'Brien; Mr. Franklin, moneyer of the Provincial Bank of Limerick; Mary AnneKeeley, sister-in-law of Mr. Halpin, late secretary to the Irish Confederation; James Stephenson Dobbm, an ill-favoured fellow, formerly a member of the Redmond O;Neil Club, who underwent a long and searching cross-examination by the' counsel for tha. prisoner;, Mr. Blake, county inspector of constabulary, and seve- ral other witnesses whose testimony was comparatively unimpor- tant. The jury were then locked up for the nigiit, and the court adjourned till Monday morning. DUBLIN, MONDAY MORNING. The Cork Constitution has a letter from Clonmel, contain- ing some curious gossip connected with the State trials and the prisoners. The correspondent of that journal says :— "During the last few days Smith O'Brien has amused himself writing poetry, distributing the scraps amongst his friends. To one gentleman he gave the following :—■ Whether on the gallows high, Or in the battle's van, The, only place for man to die Is where he dies for man. WILLIAM SMITH O'BRJEN' The Limerick Examiner is literally crammed with details of the progress of the extermination system in Clare and Limerick. MR. RICHARD O'GORMAN.—Three different persons in different parts of Limerick and Clare were arrested last week by the police. on suspicion of being Mr. Pvichard O'Gor- man, jun." Qf the suspected was the ilev. P, Moran, Catholic, curate of Kilruah. The second was a Dublin attorney, and. the third an English commercial traveller. MR. DOHENEY.—A correspondent of the Freeman gives another version of Mr. Doheney's escape to France, still more romantic than the previous accounts, and the Limerick Chronicle of yesterday states that the insurgent rebel" has been polite enough to announce his safety to the Lord Chief Justice Blackburne. Mr. Dohcney, according to the Hue and Cry, is everything but an arbiter eleyantiarumbut in the case of the Lord Chief Justice it must be admitted that he has carried politeness to the extreme. Perhaps the miracle is to be attributed to the climate of France. THE STATE TRIALS.—Under this head the Clonmel cor- respondent of ihe Freeman states that among the parties summoned to give evidence on the part of the prisoner is Major-General Napier, who is expected in Clonmel this day Joseph Parker, and the private secretary of Lord Mel- bourne, at the period of the passing of the Reform Bill. These gentlemen are expected, it appears, to prove the cir- cumstances on which Lord John Russell was to have given evidence, or, in other words, they are expected to show that y the leaders of the Whig prty were not at all times so op- posed to physical force as they are at present. THE "\VILIT OF ERRon:-The Freeman's Jcimial of this morning slates that arrangements are already in progress for the issue of a writ of error, in case of an adverse yerdict. It has been whispered hero that the Government' will give directions to Mr, Monaghan not to consent to the process in case a vcrdict against Smith O'Brien should render it neces- sary.

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