THE STATE TRIALS. {From the Times' Reporters.) Clonmel, Thursday, Sept. 21.

New Zealander, Volume 4, Issue 286, 24 February 1849, Page 7

THE STATE TRIALS. {From the Times' Reporters.) Clonmel, Thursday, Sept. 21.

The grand scene of the drama which Mr. W. S. O' Brien and his companions have been lately enact, ing has now arrived. The Special Commission is opened. Yesterday afternoon the Lord Chief Justice Blackburne, the Lord Chief Justice Doherty, and Mr. .Justice Moore, the judges selected to try the State prisoners, reached Clonmel, having been escorted from the station at Tburles by a company of Dragoons and a. body of mounted police. Many of the grand jurors who had been summoned for the commission, and numerous visitors attracted by the unusual and interesting character of the proceedings, also arrived during the day, and towards the evening the crowded streets nnd excited appearance of the town betokened the ap. proach of some must importaut event. It was thought possible that the jurors, on their road to Clonmel, might be interrupted by the parties of the ituurgpnts who are atill prowling about the neighbourhood ; hut tlue prec mtions were taken to prevent it, the polire patrolling throughout the day the various approaches of the town, and in no single instance has the slightest molestation occurred. Any person might have travelled as uninterruptedly as in the most peaceful times. This morning the Court-house was opened at ten o'clock, and tbe applicants for admission were most numerous, but Mr. Pennefather, the sheriff, had made such excellent arrangements, that whilst every accommodation was afforded to those whose duties required their attendance in couit, a large body of the public were also admitted without there being any inconvenient pressure from the crowd. The judges took their seats at twelve o'clock, and the Clerk of the Crown haviug read the commission, the following gentlemen were called and sworn as the grand jury to try the indictments. Viscount Suirdale (Foreman), the Hon. Cornelius O'Caltaghnn, the Hon. F. A. Prettie, the Hon. H. Hutchinson, Sir E Waller, Mr. R. P. Barker, Mr. S. !Moore, Mr Bagwell, Mr. A. Goring, Mr. M. Penntifather, Lieutenant-Colonel Palliser, Mr. J. Bailey, Mr. J. B. Barton, Mr. J. Trant, Mr. J Cardin, Mr, W. Quin, Mr. J. Butler, Mr. S. O'Meagher, Mr. H. Trench, Mr. C. Goinir, Mr. T. Lalor, Mr. J. Larrigan, and Mr. J. Couke. Only eight names were called without being answeied before the requisite number was made up. The Lord Chief Justice Blaokburne then addressed the jury as follows :— Lord Viscount Suirdale and Gentlemen of the Grand Jury of Tipperary,— l feel assured that you participate in my feeling, and in that of every person who has the peace and happiness of the country sincerely at heart, of regret that her Most Gracious Majesty has now, after the lapse of a very few months, found it necessary to iisue the commission which has just been read lo you, whereby she calls upon her subjects to aid her, by performing their duty in the administration of the criminal law of the land. Distressing and deplorable ai such a measure would be under any circumstances, it becomes so in the last degree, when we konw that the measure has originated in machinations and attempts which constitute the crime of high treason — a crime the highest in degree which a subject of the realm or a member of the community can commit— a crime whose object is the total destruction of our sjcial system — the subversion of all of life and property, and one which no human l>eing can contemplate without knowing that it must Jcad to the shedding of human blood, and must entail upon the country all the horrors md all the miseiies of civil and social war. As I have alluded to the formrr Special Commission, under which the greater number of you were called upon to perform your duties in January last, I think it but just mid go far satisfactory to observe, that the crimes and outrages whit h formed the subject of your investigation at that period do not appear to hate any connection, as far as I am informed, with the maters which will now come under your consideration. On the contraiy, I have reason to believe, and I do sincerely hope, that the firm administration of the law under that commission, and at the assizes which have since intervened, have been attended vrith the most Balutary eliect, and will justify the hope of the restoration of peace and order in the country. Gentlemen, the crime of high treison is one happily of 6Uch unusual occurrence, and with respect to which there are peculiar provisions that do not be'ong to the investigation of other crimes or misdemeanour, that I think it my duty, in order to assist you in the discharge of yours, to point ont to you the peculiarities of the Jaw relative to that charge, in order that you may regulate your course accordingly, and see in which way the evidence may be laid before you is to be applied when you come to consider the indictment. But, in the first instance, in order to make these observations on the nature and course of the proceeding per fectly intelligible, I think it my duty to give you a general— and but a very general outline of the nature of the case, as it appears to me on the perusal of the informations which have been laid before me on the part of the Crown. Gentlemen, it appears from them that for some months past a political body or s ciety, formed for political purposes, held its meetings and conducted its proceeding! in the city of Dublin. At those meetings there were a number of inflammatory and seditious speeches delivered by the leading members of that body. About the middle, or towards the latter end of July, those members — I mean the leading members — or some of them, appeared in different parts of the south of Ireland, and at last seem to huve determined upon making the county of Tippet ary the scene of their future operations. Accordingly a large body of people were assembled, and wer<? hatangued, and upon more than one occasion it whs distinctly announced that there was to be an immediate arming of the people, with the view of severing Ireland from the British dominions, and erecting it into an independent kingdom. la pursuance of those instructions, which extended to the procuring of arms by any means whatsoever, legal or otherwise, in the last week of July several large bodies of armed men appear to have congregated in various parts of the country ; they were marshalled and trained, and officers, on some occasions at least, were nominated at their meetings as leaders: barricades were erected in some paits of the t country, which on one occasion had the effect of obstructing the march of her Majebty's troops, and which upon one occasion appear to have been designed for preventing the arrest of persons against whom warrants had been issued. On the 29th vi July, these proceedings appear to have reached, for that time at least, their consummation. A body of police on its march to the scene of the disturbance that had taken place, was encountered and neaily surrounded by different armed bodies of men ; the result was, that they took shelter in a house, and there an actual conflict took place between them and the assailants. Upon the same day another body of police was similarly assailed ; the result in both cases you probably know. This is all I think it necessary to lay before you, preparatory to the statement of those rule*, which, in respect to the law of high treason are made fcr your government, for the regulation of the Court, and tor the security of the subject. Ihe indictment, as lam informed, will contain two disiinci classes of counts, and each of

those relate to a distinct treason^, both are founded on the provision! of a very ancient statute; a statute passed so long ago as the reign of Edward 111., and without troubling you with the details of the language of that statute, it is sufficient for my purpose — and I think for yours — to say that it contains amongst others, two provision! relating to two distinct speciei of treason which are the subject of this indictment, and wh'cli you will h»ve to investigate. The first of those is expressed, in the language of that day, to be " compassing the death of the Queen," and that, as I have before given you to understand, is the treason charged by one or more of the counts of the indictment which )ou will have to consider. Gentlemen, by compassing the death of the Queen it is not meant merely to impute, nor under the circumstancei at all to impute a design against the personal life or personal safety of the Sovereign. The Sovereign, whether kiug or queen, being in our constitution the representative of the state, any attack on the sovereign power of the state is, under this statute, to be treated as an attempt upon the person of the monarch, and therefore you will not have to consider whether the personal death or actual injury to the person of the Queen intended, but whether the design, as proved by the overt acts stated in the indictment were of a character which comes under the description of an attack on the sovereign power of the state. I shall put before you some instances to t>how that I have correctly stated the law, and that by compassing the drath of the queen you are to understand the crime of aiming af the deitruction of her sovereign power ; and it matters not whether that design be to depose her from her imperial authority over the entire of, or a part of her dominions ; the crime of deposing, and the crime of compassing her death, will be equally committed, whether the object be to dep ise her trom the whole or only a part of her possessions. I shall now read to you from authors of very high authority in the law, Mr. Justice Foster and Loid Tenterden, some passages to show you that I have correctly explained the words of the law, " compaising the death of the Queen," to mean an attack upon her Imperial authority. Mr. Justice Foster, in describing the crime of compassing the death of the monarch, says, " anything wilfully or deliberately done or attempted, whereby the king's life may be endangered ; therefore measures for deposing or imprison, ing h m, or getting his person into the power of conspirators, are overt acts of this treason"— (hat is, the overt act of compassiig the king's death, though you will obseive that none of them is an act against him peisonally. And he then says, " Offences which arc not so personal have with great propriety been brought within the same rule, as having a tendency, though not so immediate, to the same fatal end ; and therefore the entering into measures in concert with foreigners or others in order to an invasion of this kingdom, or going into a foreign country, or even proposing to go thither to that end, and taking any steps in oider thereto, these are covert acts of compassing the king's death." And again. " Many offences falling directly and by name under other branches of the statute may be brought within this compassing the king's death ; lev} ing war and conspiring to levy war are overt acts within this branch of the statute," that is, within the branch of the statute which makes compassing the queen's death treason. And aijain, ♦* It has been settled" — this is the language of Lord Tinterden — " by several cases actually adjudged on by the opinion of text writers on this branch of the law, that all attemps to depose the king from his royal itate or title, to les'rain his person, or to levy war against him, and all ronspiracus, consultations, or agreements for the accomplishment of these objects, are overt acts of compassing and limgining the dea:h of the king." I have now closed the observations and ciled the authorities which I hope are sufficient to explain to you what is meant in this statute, and in tbe indictment which transcribes its terms by " compassing or imagining the death of the monarch." I have now to tell you tltat the crime of high treason consists altogether in the intention, the mere design against the king's life or his imperial authority is tbe offence created by the statute ; but as intention or design is in all cases, at le sc in the generality of cases, almost universally to be inferred from acts, from declarations, written or or il— that intention so to be collected must have for its basis, and as the proof of it, the commission of certain overt acti. No man can dive into the tecrets of his fellow-creatures; the thoughts of our hearts are known but to One, and the refute intentions and deuigns must always be collected from acts and declara. tions, and those means by which in the ordinary inteicoune of life we judge of men's intentions ; and the law with respect to high treason which consists in intention, makes it requisite tor the Crown to sptcify particularly in its indictment the overt acts — that is, the acts done and the means used by the party charged for the purpose of effectuating that intention. Accordingly, the indictment which will be submitted to you will contain the overt acts, whatever they may be, upon which the Crown relies, and in support of those they must satisfy you that some one or more of those overt acts has actually taken place ; and you mugt be satisfied by the evidence uhich the Crown may submit to you, that one or more ot the overt acts have actually been committed in the manner in which they are there stated to have been committed. But it is further necessary for you to attend to this — that not only must one or more overt acts be proved, but one overt act must be proved by two witnesses, or there must be several overt acts proved by two distinct witne&sei. You will not be justified in finding the bill of indictment unless there be two witnesses to prove the same head of treason- two witnesses to one overt act, or two witnesses to several overt acts, you will, therefore, carefully attend to that consideration when the witnesses in support of the indictment shall be under examination. And, now, with respect to that which is the sul)3tance of the charge, the intention to be inferred from, or expressly proved, if it can be, by overt acts. It is to be infened from acts, writings, or speeches, or from some general declarations, which, so far as regards mere oral declarations not testified by writing, you ought to pay n* regard to, as acts of treason appearing in evidence, unless those words be connected with some design, or some conspiracy, or some direction or incitement. Woras by themselves do not constitute acts of high treason ; it is not only in connection with acts they become evidence of the intention ; and when you are considering the evidence with respect to the intention, the substance of the charge, the only rule I would have you observe is this— and that is, the rule apply, ing in all our dealings and transactions and inter, courses of life, not *imply of law, but a rule necessary to be observed whenever a question of intention or knowledge becomes the sum and substance of the charge — to presume a man to mean that which is the natural and necessary effect of his own declarations and acts. Having now concluded the observations I had to make upon this branch of the statute aud this particular charge, I repeat again, you will take care not to find the indictment unless the first species of treason be estahhshed by two witnesses—two witnesses to the same overt act, or two witnesses to different overt acts. The other class of counts to which your attention will be directed requires very little observation from me, and it is that class of counts by which the party

charged will be alleged to have levied war on our Sovereipn Lady the Queen in her realm. That charge alio is one which must be, and will be in the indict, ment, grounded on one or more overt acts, and the rule in this particular, as to the necessity of having two witnesses, is the same as I have just now stated to you. But the levying of war must be evidenced by insurrection and actual force. It is otherwise not within the meaning of the statute " a levying of war." But further, it muit be a levying of war not for any private, personal, or particular object— it must be for the purpose of some general innovation : and I have no hesitation in telling you that if such should appear on the evidence to your satisfaction, that the object of this insurrectionary movemont wai the severance of Ireland as n part of the United Kingdom from the re« mainder, and erecting it into an independent Power, that would be such a purpose as the statute jequires. This appears, by the language of authorities to which I may refer for the purpose of further illustrating what I have said — *' Insurrections and risings for the purpose of effecting by force and numbers, however ill arranged, provided, or organized, any innovation of a public nature, in which the patties had no special or particular interest or concern, have been deemed instances of the actual levying of war." And again, 14 It is essential to the making out of the charge against the prisoner, that there must be an insurret* tion ; that theie must be force accompanying such insurrection, and that the object of it must be of a general nature." These are all the observations I. feel it | incumbent upon me to make for your government or direction. If any difficulty should occur to you, we shall be most anxious and ready to assist you ; but I believe I have now pointed your attention to those peculiarities in the law of high treason with which, perhaps, before you were not so familiar, and which are co necessary for you in the consideration of the indictments which will be submitted to you. I believe the Crown is prepared to lay those indictments before you, and I now leave you to consider them. (The Grand Jury found true bills against William Smith OBrien, Terence Bellevv M'Manus, James Orcliatd, Dennis Tighe, and Patrick O'Donnell. After a lengthened trial, the jury was addressed by Mr. Whiteside, on hehalf of Mr. O'Biien. The following is a portion of the learned gentleman's veiy able defence. The verdict, as it was given by the jury, appeared in our last.)

THE SPEECH FOR THE DErENCE. On Thursday morning Mr. Whiteside commenced his defence for the prisoners. The learned gentleman referred to the evidence with respect to the proceedings at Killenaule and Ballingarry, and animadverted upon the conduct of the informer Dobbyn. Mr. Whiteside said—" I am now come to what appears the most important pait of the whole case; I allude to the affair of (he widow Cormacks; and let me say, I do sincerely believe that the whole cause of that affray arose from the anxiety of Captain Trant to effect the arrest of Smith O'Brien. The whole of this gallant gentleman's military glory appears to rest on the achievements of th. t day, and I am told that he drew up a despatch on the subject which might take its place beside Gurwood's despatches of the Duke of Wellington. lam even told he commenced it with a poetical phrase ot a martial character — " Who takes the foremost foeman's life, Himself shall couquer in the strife." (Loud laughter.) It is true that Mr. Trant bore his blushing honouis thick upon him. (Laughter.) He was wounded, but not killed, for I saw him to day. (Liughter.) He cannot say where he was wounded, hut some police said to him, ''Do you know what, Captain ; you are wounded, although you don'c Know it." (Luughier.) No proof was given that a bullet was found, except by the evidence of a witness who was not there at all. Even General M'Donnld, when examined, did not seem to know any more of the bullets than Inspector Trant. The police was opposite the open window , but there was not a scrape on one of them. There is one piece of evidence with respect to which I desire to vindicate the honour of my client. It is caid he cried out to the people ' Slash away boys ! slaughter them all,' but theie words were never uttered by him ; and I khould observe that no account whatever was drawn up of that transr clion next morning, which is a remat liable thing, there being magistrates next door to tiiem. There is, gentlemen ot the jury, one piece of evidence still remaining, and I am not here to gainsay its importance — the evidence of Dobbyn Mr. Dobbyn appears in the character of a spy ; that is clear. To me his own phrase—' I went there to plot ; tliey were plotting, and I went there to counterplot.' My first objection to his evidence is, that there is not a particle of it confirmed, from beginning to end. He says that he was a member ot the Rtd Hand Club, and that in his capacity as member or president of that club, he attended three meetings of the Irish Council— on the 15th, on the 19th, and on the 21«tof July. Now, I know that he was an engineer — that he ceased to be an engineer ; and what he stated upon the table is true — he descended into the capacity of an attorney's clerk. I khould like to have got from him the reason why. I admit there was a meeting held ; but I insist it was a public meeimg, where certain resolutions were adopted, and also published, and couched in audacious language, I admit. But nobody 8a w Dobbyn there. How was it that none of the constabulary who were outside were called to prove that they saw him go up ? There was not a meeting called in the city of Dublin in which the police — and very rightly — did not watch, in order to preserve the public peace. Yet not a man of them was called to say that they saw him enter the meeting. Do you think the Lrown forgot to give that ? Do you hink that the able and astute, and experienced Attor-ney-General — do you think that the Solicitor-General, who is, perhaps, more experienced still in criminal matters— do you think that they forgot that ? No, depend upon it; but then when no evidence tan be had, why then nothing can be made of it. Then again, as to the secret meeting of the 19th, we have no conhumation of itj but on the contrary, we have the evidence of the respectable reporter here (Mr. Hodges), who did not falsify a word, and who has sworn to Mr. O'Brien's speeches, in which he repeatedly denounced all secret meetings. It would have been vital evidence if a policeman could have been brought who sasv him walk up stairs. Do you think they did not know the value of it ? Why, gentlemen, siuce this trial commenced, they have sent to Dublin for two policemen who deposed that they had seen the title of the ' Red Hand Club' on the window of a house, and yet tliey uilowed those policemen to go down horn that table without asking them if they had ever seen Dobbyn enter it. Did you observe that ? I did ; it is must significant. There is not then a particle of evidence to coulirm this witness. The informer swore that when they went to ballot a " war directory," it was agreed that no clergyman should be voted fur. Now that was a distinct, as clear, as positive, as any statement that ever came from the lips of a witness in a

court of justice. Notwithstanding that, there appea to have been eight votes given to one clergyman, the Rev. Mr. Kenyon, and one for another, the Rev. Mr. O'Malley. Novr if there were any criminulity attached to that proceeding, which I deny — the fact being that the directory was elected to conduct the affairs of the clubs — I ask this question : Does the Government expect the Protestant gentleman in the dock, whilst the Roman Catholic Priest walks abroad at liberty, in all the freshness of health, strength, and vigour, administering to his flock and fulfilling his avocation ? I call upon you, gentlemen of the jury, to vindicate the Crown, the Attorney General, Lord Clarendon, and the British minister, by returning a verdict of acquittal in favour of my client. Father Kenyon was a leading man— a prominent man— and I say he was an honest man; but if guilty, the Crown, by prosecuting that gentleman at the bar, who is not so guilty, for he had no vote at all, has been guilty of the grossest perversion of justice. If you expect we are to have impartial liberty in this country, I call upon you to take your stand on behalf of the entiie people ot this realm. Let the Protestant be convicted if guilty, but unless you mean to live under the basest despotism which ever disgraced fieeborn men, resolve to have an inflexible and impartial administration of the law. Gentlemen of the jury, I have spokfn to this ca<e. I have gone through the entire case Of the prisoner, and it is for you to say if the charge prefeired against the prisoner is made out against him. That charge is high treason, eompaising the death of ihe Queen, and levying war against her." Mr, Wniteuide continued — " I know the weighty difficulties I Lave had to encounter— T know how incompetent my feeble powers are to gra[ - pie with and master them— l know that ptejudice has blocked up the avenues to some understandingi— that calumny has done its woik.and that it is said by many, the impracticable politician must perish at last. Had he been a hypocrite— had he been a ge fish traitor in politics— had he said what he did not believe— had he unsaid to.day what he said yesterday, he might live to enjoy individual prosperity, after tiuding with tact, upon the miseries of his country. But however wrong he might have been in the opinions he imbibed, lie has adhered to them consis'enily and Readily, and he now suffers for being consistent in what he honestly believed to be true. He has been hunted — he has been reviled — he has been caricdtuied— he has been slandered in his native country, he has been puisued from one extremity to another as a traitor— covered with obloquy and calumny ; and where is he to look for justice— where it he to look for a temperate consideration of his whole political life ! Where, but in that palladium where the law has placed his safety— the honour, diicernment, and humanity of a jury of his countrymen !^ A rampart of defence that jury ought to be between him and his prosecutors, if his crime consisting of the intent of the soul, has not been sufficiently established. Juries must not be unbending. Juries may regard the frailties ef human nature— Juries should cast the broad shield of their protection around the man who they believe, however equivocal his conduct, has not in purpose, in heart, in soul, transgressed the law. Such it the high office assigned to you by that constitution, whose foundations were laid in the deepest wiidom, which, in a succession o<" ages, has been cemented by the patriot's blood, and consecrated in the martyr's fire. It is for you to say, as between the Crown and the prisoner, whether his guilt is established or not. The law of om countiy — wise, just, merciful — has declared that if there be a doubt, that doubt must be given in favour of the prisoner — that doubt must be given in favour of him whose life is sought to be affected. Therefore I say, that now, if you havo a doubt, stand between the prisoner and his grave. Review his life — the feelings of patriotum he imbibed from his mother'? breast; the passiou grew from a. fathei's example, I admit, to a dangerous excess. The father recounted to him how, in the last mcmoiable night of our national existence, Grattau and Plunket and Bushe had bpjken — how he was convinced by the giavity of his arguments, persuaded by his eloquence, and borne away by patriotic ardour. The son, I admit, has caught up those lessons he was taught, and has practised them to his peril to-day ; he was taught to believe that the Union was carried by corruption, and shculd be repealed by honest men. To restore Ireland to her parliamentary existence has been tbe labour ot his life— a delusion, I admit ; but is not death on the scaffold a terrible punishment for believing that Irishmen have the capacity and intellect to rule the affairs of their native country ? Would to God gentlemen (said Mr. Whiteside), that in this case Mr. Smith OBrien was my only client. The happiness of an ancient, an honourable, a loyal family was, is at stake this day. The church, the bar, the senate, have furnished members, though they differ from him in politics, to give the brotherly consolation on this melancholy day. Should you senJ him to the scaffold, they mmt labour on hereafter with broken hearts through a cheerless existence, suffering in sorrow in the land they love. A venerable lady, who lives amidst an affectionate tenantry, amongst whom she has lavished her fortunes on whom she confers blessings awaits with trembling heart your verdict. If that verdict consigns" her son to death, that heart will shortly beat no more. Six innocent children also wait to be told by you whether they are to be e tripped ot their inheritance which has descended on this family for ages —whether they are to be thrown, beggared and fatherless, on the world through a barbarous and cruel law whether they are to be restored to Hie and joy, or plunged ioto the utmost depthi of da. k despair. Thore is another — another who clings to hope — may it he blessed!— in you. Her heart'b blood she woulJ give to save the object of her youthful affection. Do not, ' except commanded by conscience, send her unto an unUmely grave. Even in this case Ido not «k for pity in a wajliug spirit— l will not blame you if you convict my client, nor will he— the last accents of his hps will breathe a prayer for Ireland's happiness and for Ireland's constitutional freedom. The sad moments that shall precede his mortal agony will be consoled, if through his suffering and his sacrifice some system of government shall arise— which has never existed yet— wise, impartial, just, and above all, consis* tent, which win conduct his country to wealth, prosperity, and greatness. Gentlemen, in the great compact between the people and the Crown, her Majesty swears in an oath, framed by wise and just men, to administer in all her judg i ents, no cruel, remorseless, fcangumary code— but justice in mercy. A verdict m accordance with those divine principles winch here ought to shine out in gloiious peifection between the prisoner and the Crown, will not be a triumph over the law, but a triumph of the law { and as you expect justice tempered with mercy, so administer it heie today. In nothing can mortal man— though immeasurable the distance still— approach so near to the Almighty attributes as in the administration of justice. Divine justice will be tempered with mercy, or dismal will be our fate. As you expect it, so administer it. Remember that the last faint murmur on your quivering lips will be for mercy, ere the immortal spirit will take its flight to another, and, I trust, a better and a brighter world." (The learned gentleman concluded, amidst loud expressions of appiobation, his very eloquent address, and shortly afterwards withdiew from coutt.)

Smith O'Brii'N. — The tn.il at Clonmel has concluded m a verdict of '* Guilty," eieompaniod with a mt> r ,l emphatic lccommrndalion to mi rcy. Everybody v.ill fed (hat both justice ami meicy ate satisfied by ILis lelurn. Of Mr. O'J3m j n's actual t;mlt theieran be no serious doubt, thoupli ilu* splendid ability with which his <Men re lias beeti conducted did just surest the appiphcnoion of n veidicl, which we are MJie would have bepn woM. injurious to the r-rosppcls oi lir-laud. " For many re.'soi-s" weave ready tojdin in the prayer of the juiy, as Mide-d we hove \ontr, betoie expressed in anticipation to this irsulr. Nr. Smith O'ljiicn, with BORic quilities thut crave our compassion, cuunot be ccnsidried an cntnely acrountabK' person. ll is eiitlm!i)Hbm sc.ucely Hows him to b'" 1 coiibcjous of his own intentions. In other words, lie hardly know*- \ifli<it he wants or what he means. On a foii»cr ocpinhvi he rxcitcd the ridirulc oi the nation, and even of ins brother lcpe.ilera, by a piece of childish obstinacy, wiihouf either raeanijig or point' His present vagaiyhas been of a moie famous cluiaclet, hut they who identify the martyr of the ronihnlt' with the hero of JS-iDin^arv, will desire for him nothing moie than an entire and final withdrawal from theexiitementof polnVcal life. — Times.

Tins O'Buir.Nr Corki <sp<wm,Ner,. — In cftinrctiou with the correspondence found in Mr, Smith O'Bnui's portmanteau, the Evcnhin Hciuld has the following strange revelations :—": — " The extent to whirls the coirespondent implicates the Popish ccclesia n .tica] body, greilly exceeds what was puniaiily supposed, foi not only does it compromise to t lie full extent of high treason ceituin simple parish pueslsand coadjutors, but in a less degiee, lorn ot the Popish pi elate*. Oue of chese mitred tiaitois, is sn atrhbishop, and all cf them aic discreditably knov.n to the public iilieady. Their names have! hicn stated to ua upon authority; but of course, we do not publish them. We shall howevor, mention a statement which has i cached us as a pendant to the fact — a most untowaid one for a Whig government — which we have just iccordcd» We have been informed, thut between Loid Claiendon and the noble lord at the head of Her Majesty's government a disagreement has ansen as to the course to be pursued under existing cncumfetatiees. The Lord Lieutenant, it is alleged, stiongly ui^es the wisdom or" a firm and impailiiil administration of the law n the cases of the dciical rebels, whilp, Lord John Russell, it is said, insists upon the expediency of on amnesty as respects that class of offenders. Judging from the characters respectively of the two statesmen, ■we should have been disposed to revtrse the parts assigned to them by our informant, especially when we call to mind the Whig Viceioy's defeiontial letter to Dr. Murray. To this diametrical opposition of opinion upon a topic involving so much of In land's futunty, is attributed the hitherto unexplained vsit of the Premier to our shores. If there be, u c will not {-ay a ceiUiinty, but even n probability of J.he truth of the information which has reached us, under cncumstanci-s which have we confess, stiongly disposed us to give it credit, it is impossible to conceive a stronger corroboration of our repeatedly expressed conviction, that a committee of inquiry into all the circumstances of the Irish insurrection ought not to be dispensed with. The Habeas Corpus Act has been suspended, and not only have Ministers been entrusted with extraordinary j-owers, but the country has been put to extraordinary expense. There can be no doubt then of the leasonableness of a public demand for an account of a stewardship in- I volving so exaggerated a trust and so vast a public stake."

The following extraordinary statement is from Satmders's (Dublin) Neivs Letter:— " Sir, — It may not be either uninteresting or uninstructivc to bring under the notice of the public the particulars of a conversation I had with one of the 4 leaders' in the late insunection about four days before he left Dublin for the provinces. Under present circumstances I must withhold his name, but of this I can assure you, that lie was considered one of the most able as well as sincere among those who had the directing of those proceedings which have hud so fatal a termination for all who paiticipated in them. "I met him perchance at the south side of Fitz-william-square a few days before he had iiretrievably committed himself. ' Well,' said he, « the time is now conic; you always pronrsed to give U 3 your assistance when we really required it. We are now driven to act by the proceedings of the Government ; and, although our time has been anticipated, still there is now sufficient food to maintain us in the field for n month, and at the end of that period the harvest will be in.' " ' May I ask you,' said I, ' have you calculated the numbers you can bring into the field ? Have you formed a plan for a campaign ? Have you secured the co-operation of any important section of the Roman Catholic deigy ? For, if you have not all these points arranged, you are sure of meeting with a most disastrous defeat.' " ' Oh, my dear fellow, it would be impossible,' he replied, ' to calculate upon the mimcnce numbers that v/ill flock to our glorious standard as soon as it is unfuiled — on that point there is not the leasf. doubt ; in fact, all we apprehend is, that too many will flock to us, and that their numbers will evnbanass our operation? by the difficulty of feeding them. Aa for a regular plan for a campaign, we have none at present— the unbooked for proceedings of Government have completely deranged our original plans, and we must now act according as circumstances dictate. In answer to your third question — have we secured the cooperation of any considerable number of the Catholic Clergy ? — I have to obseive, that we have a sufficient number of them with us to render nugatory the opposition of some. In Watcrford, Tipperary, Limerick, and Cork we can rely upon numbers of them joining us ; and when we have four or five witli us we shall be able to persuade the people that the opposition which may ha given us by some slupid old sordid priest is dictated by selfishness, not religion. O, we are suie <it nil the really good priests, and with them we shall be able to overbear the rest, 'lhcy aie pledged to us.' " I .shall not mention the n,imes of the clergymen he enumerated then as having actually encouraged the Confederates to resort to extreme meaauies, and upon whose co-operation they principally relied for support, but I do solemnly pledge myself that he named at least one dozen within a circuit of four miles of the Castle, besides several dozens m the piovinces. Whether he had sufficient grounds for the belief he expressed I luve no further guarantee than his word ; but that he is a person of the most unquestionable veracity no one who knows him can doubt. He mu> have been too h-ssty in coming to conclusions, and his hopes mny have hud no real grounds to work upon ; but of this I assure you, that bo far as I have gone 1 have given a faithful epitome of our conversation. " 'My dear hiend,' said I, ' you sre a much younger man than I am, and although your talents and genius Mie or a much hi^hci order than mine, yet I ha^e much more expenence in u.e world thin you could possibly have, as oae, therefore, who possesses soire knowledge of Irishmen, and the state of parties in this country, I feel it to be ray duty to warn you of the dangerous gulf into which you seem dclerm ned to p <.- cipitate youraclf. You t-ty ' you aie afraid too many

vt'H flivkfojo'ir staruldid at fir-jt.' Your fenrs my fiiend, v. ill inn in the wiom; direction. Rcmeinhor, I tell Juti, thai when il comes to action you will he mismMy duelled, nnd thai, j on will never pet <is rrnny men to a n l wilh you as would storm succi^fully a polu o bnnatk.' " ' Oli, noi«ense, man !' Mr. • exclaimed, with some indignation, 'how can you faiily unlicipale such a ipsull, when ou Slicvenamon, tlie other day, thno wcte 50,000 men who only waited for ' the word' to overwhelm the cnthc force at her Majesty's disposal in tho provnn-e of MuistT? Look al Waterloicl, wheic thousands tinned out at a moment's no'icc, and e\ci) in opposition to iheir leader-* ; anil it was as much as they could do to lc.tiain ibem froia annihilating cvny soldier m the city , hut, unfortunately, it is the rasp in eveiy country, persons ale to be found who put the worst rorulrnclion upon cvei)Lhin<r, and are always looking al the daik aide of iho picture. 7 " 'Well,' «iid I, ' il- is very necessary to make rorrect calcululions befoie a man iisKr hi 3 fortune and neck, and Iho^e calculations c.irnot be correct if we only look at tug bright side ol t \crythni^. My rea-.ons foi asserting that you will lie deserted are these — first, the people aie degraded to a depth that lenders them incnpnhleof and unequal to the accomplishment of any 'jifiit piirpo°e; no £>ieater sia;n an be nfl'oidrd thit tliese premises aic conect, than their willingness find extreme eagerness to congiegate i'l l.u«e mjiises to liear pel sons tall*. For 50 yens they luvo been lisleniiiij (0 tg'lv »nd huinbu" — not one of tbc inil'io.i of prornisrs by which they lme hem deluded into suppoitmjj riadiii^ and speculating agitators has bc^n fulfilled. Their condition is now infinitely wcr^e I). an when they coi'ini^nccd to ennqrc i*c- in ! \^ jy» " cs , to bear tjiouteis nviKe promises »ev>r to be lullill' d. ; They sec p.pneiation after generation ol ' =j,outm» thieve*-' inipiovo (heir o\sn foi tunes at Ihe expense oi Unpeople; they behold these things, je"i after ycai, ■ day alter day. and yet they never dica n of sviiluliaw- | ing their support horn a sjstem &o abominable, so (!<■- 1 grading, that I veijly beiievc it could not be pinclised, j lor the same length of time, and with e imilir lueeesa, 1 upon any otlurracc ol people, on the entire globe. | Yes, my friend, it will take at lea^t iif'y ycais oi ceaseless labour upon the part of enlightened leaders ' to make the people of this country a nation of mai; ! !hey have been debased, brutulhsed, sisid dcgruled by 1 the oppression of their landlouU on tho one side, nnd the lying, peculating system of agitation, which lley wcie told was to raise them in the scale of nations and ! humanity, has sunk them to a depth 01 ('egradation which almost precludes a hope of ever raising them from. At SlievcJiamon their favourite pastime was going on when they assembled 111 such numbers, but when ' action,' which they have been always taught to i>bhor, i-> requited ol them, the grass of Shevenamon will not be much trampled even by ' Uie men of Tipperaiv.' My second reason for saying you will be deseited is, that the Catholic clergy will to a man oppose you. You look astonished. Now, remember 1 tell you that you do not know them. The Catholic cleH',y value their influence and authority over their (locks far more highly than they do any temporal blessing which the success of the stiugglejou aic about to embdik in could confer on tins countiy. Repeal of the union, separation from England, 01 the establishment of an Ilii.ll Republic, v.ould not be consideitd desirable by them if any of these events should be brought about by the paity to which you belonjr. They hite you infinitely more than they do the Orange, man, or even the Saxon ; lor jou have always advocated doctrines inimical to their temporal authority. They will never forgive you ; they hate and detest you, and if they now seem to sanction your proceedings, it il only in obedience to the will of their flocks, which they know it would be dangerous openly to oppose, but which they hope time muy be productive ot events that will enable them to icsuiiie their former sway over. Remember, I tell you that your destsuction as a party would be hailed by the Catholic clergy of Ireland as a blessing they would value much more highly than the lepeal of the union. If you rely upon their support you only deceive yourse'f, and if you enter into this contest without it you sdciilice jourselvts, and you will ouly shed 'unrcdeemiug blood.' These are my reasons for anticipating a disastious failure.' Mr. — — walked with me for some minutes after I concluded my remarks without making an observation; at length he turned round and tool*, me by the breast of the coat, and said in a most serious tone, ' If I thought that the Catholic clergy would be capable ot such baseness as to encourage us in a couise which they must all see leads us into inevitable contact with her Majesty's loices, ami then to descit us, I for one would deem any further steps in advance as tl'c sheeiest niaiinea 1 -. I would lc.ivc the country at once, and u&e all my cndeavouis to save my iriendj from the consequences of proceeding further. 13ut it is impo - sible to believe that thooe bishops and clergymen who have joined the league, those priests who have always privately encouraged us, that those who have openly advocated our doctrines, and have bjen apostles ot our fdilh, will desert us when the moment arrives fof proving our sincerity. I will not believe it; you take an ungenerous view of the piiestiy chaiacter. If they did not approve of our course, and weie not picpared to give us their support in the struggle to which it inevitably leads, they would have warned us, that ws might not only not calculate upon their FUppoit, but th it we must be prcpaied to meet their most determined opposition. This would he their honest, true, Chi istian duty, one which, I am sure they would per- ! form fearlessly it they considered it incumbent ; but, as they have not, I am sure they will give us that sup- ' port which their promises and nets entitle us to calculate on. For my part I embark in. tins struggle with all my hopes resting upon the suppoit of the Catho ie priesthood. Dr. , with las clergy ; Dr. — — — with his, Dr. — — with his, have already joined the League. To be sure, they say they do so upon ' the loyal, peaceful, and constitutional principle. This ia prudent at present — they could say nothing else now ; bat s irely every man of common sense must eea to whut end the League is approaching. It is composed entiiely of the advocates of 'physical force;' it has been ruibed in antagonism to the old debauched advocate of Ba<-gh-quay; end does not every person entering lha new orgiui.zalion know that he wi'l be called upon to maintain at the o word's point tho principles upon which it is founded ? I slill hold to my belief that wo aie sme of t':u assistance of the Catholic clergy. Eveiy fact I and consideration confirms me in this belief.' "'You will be a victim to jour crcduh' /,' [ ie plied, ' aud the noble feelings which render you incapable of suspecting baseness in others will bo your only suppoit when standing on the bunk o! an eaily grave, to which you arc sine to be conducted by tlie tieachery and baseness of those for whom you are about to sacrifice your valuable life. Yon will bj deserted nnil opposed by the clergy — you will be betrayed by tlie people — you will bo calumniated by both. Your ilcstiuction will be left to the Grovunmcat, and the cleriry will have got rid lor c\cv of tlio.lo they ronsidu lobe their most foimidadu encmes. Tue.o aie my o,)jt'ions, founded upon a long cj»pci enee , ,md they uil home ol (ho reauuii'. van '• induce me to tie chue aou 1 invitaiioiii t>> jowi in .< ttiU^le which J urn 0 mind at w'll tUi in the .]<'vtrtd, ion of i.U en^.'^ed 11 it. 1

15 Nou, Sir, thi 1 , i> lh" substance, find, as welt as I recollect, the veiy words of the conveisation i held with a (li"sfmoHi«jhP(l member of the late League, pro \ious to his depnrluio from Dublin. At picsent it would not lie prudent to mention his name; but time maybntiT this letter undor his notice, and 1 feel confident that he will jet acknowledge the truth of this rcpoit, as well as the justness and coucetnesa of my views. Poor fellow! he lm learned in even a shorter space of time tUau i aaticip'jted, the truth of my vaticinations ! " 1 send you my name andaddies3.