THE JUDGMENT ON O'BRIEN AND OTHERS. (From Bell's Messenger, January 20.)

New Zealander, Volume 5, Issue 320, 23 June 1849, Page 3

THE JUDGMENT ON OBRIEN AND OTHERS. (From Bell's Messenger, January 20.)

On Tuesday Messrs. \V. S. OBrien, Thomas F. Meagher.T. 8. M'Manus, and P. O'Donohue, were brought in the prison van from Richmond Bridewell to the Court of Queen's Bench, to hear the judgment of the full Court on their appeal from the findings and sentences of the Juries at Special Commission. The Chief Justice said, that in these leveral causes writs of er, or had been brought to convictions had at a spec al commission held in the county of Tipperary. He then proceeded to state the grounds upon which thoie writs of error bad been raised. With respect to the option and the appointment of the three Judges who presided at the commission, he declared that the first, objection raised, as to the caption, could not be sustained, and affirmed that he, as the legal depository of that commission, was bound to say that the Judges who presided there had been rightly and legally appointed to hear and determine, afnd, therefore, the first objection was not valid. The second objection he desided to be wholly insupportab'e, and he undertook to pronounce his judgment upon the plea of Mr. O'Biirn on the question ot his right to have notice of tiial served ten days before he was called upon to plead, and that copies of the indictment should be supplied him, with the list of the witnesses for the Crown endor^ed thereon, within the tame ten days, before he should be called upon to plead. The laws under which the prisoner in error had been tried were still in force in Ireland, and the acts ot the 25 h of Edward 111., and the acts of the 7 b and Bth of William 111., and of Queen Anne, entitled prisoners accused of high treason to h '»c copies of the indictment ten days be. fore trial; but these provisions did not apply to Ireland, and the huh n^ts which bore upon the question, en^ted the pri- oners so charged were entitled to have copies of the indictment only five days before they should he called upon to plead ; and, therefore, on those and several other giounds, which he stated at great length, he declared that the third objee ion had not taen sustained. The lust objection was that named on the alloculus, as to why the question had not besn put to the prisoner, why sentence of death and execu • tion should not be pronounced upon hin», winch the learnetl Judge also declared to be unsustainable. Judge Crampton next delivered judgment, and pro. cepded to review the same gronuds gone over by the Chief JusMce, on each, and all of which, he declared himself of the same opinion, mid pronounced it as his opinion, that the writ of en or in all Us bearings bhoald be disallowed. Judges Perrin and Moore followed, agreeing in opinion with the preceding Judge». The Court were unanimous in overruling the errors assigned, aud conn mcd the judgment of the Court below. This is a fair abstract of the proceedings, which we refrain from reporting at length, beimj assured that our readers have heard too much of the matt, r already to feel any desire to wade tluough three columns of technical law. Neither doe< the matter rest here. The cause has yet to come on in t v ie House of Lords on a writ of error.

Female Heroism — The Belfast Newsletter gives the following pnrticulars of « mo t unparalleled fe*t of female heroism :— " On WeJne day evening, a tanner in re^peotable circumstancts, Mr. Orr M'VttigU, resi ding at Ballylenaghan, in the vitinity ot Newtonbreria, rather more than three miles and a half Irom this town, bad Bceß, about 8 o'clock, two men respectably dressed, in a field adjoining his stuck yard, His two daughters, Gra-'e and Marearer, were with their father at the time— these tliree individuals, with a servant, comprising the whole of the family. Th eldest gul, Grace— a fine, liandsom*, high-npirited Rhl.at once challenged ihe met), and asked them wht-t tuey were doi.ig there One of the men replied, ' I beg pardon, we are watchmen, and are going in the direction of Knockbrucken. You may go to bed and teel quite safe, for we will keep waich tor you.' •W« cannot do that,' taid Grace M'Veagh, • for we too are paid for watch iug, and mu^t remain up.' Her sister Margaret aUo said ' We are much obliged to you, and we may probably go to bed tiy and by, lince we know that there in t waich out.' Hoover, tuspecting the appearance md intentions ot the fellows, the fmniiy did not go to bed but continued an active and diligent look out until midnight, when the lather, feeling tired, went to bed, learing his daughters (who armed themselves w c U) to

watch the premise!. About one o'clock, the girls distinctly heard the sound of a jaunting car coming along the Be'fast and Saintfield road, and stopping nearly oppoiite M'Veagh's house, which is distant about fifteen perches from the road side. M'us M'Veagh at once remarked the circumstance, and said to her siiter, ' What can those people be about at this time of night.?' • I am afraid no good,' was Margaret's reply; and at once the two poor unprotected women prepared to face the danger, whatever it might be. In the course of a few minuses they heard a number of persons speaking together in an adjoining field. Breathless with attention and anxiety they listened to the conversation, and suddenly they beard a cry fiom the party of ' Watch ! watch ! David Catherwood'a and David Mmgroves stacks Are in flame*!' Miss M'Vens-h im-niediHti-ly suspected this to be a ruse to withdraw them from their watch, or to ascertain whether any watch was really been kept, so the twogirU never uttered a woid, nor stirred a step from the spot where they stood cone aled. Two of the party then approached the stack-yard. One very large stick of hay was so close to tbe ditch which divided the y*.rd fioua the fiel', that it cculd be set on fire easily by n party standing in the latter, without crossing over into the stack-yard. The fel'ow who was foremost then took out a match-box and proceeded to strike a light, but he did not succeed. He next tried another, but with no better success. He • hen went into the ditch, pulled down an old harrow which was on the top of the hedge, and stood upon it, and proceeded to strike a number of matches at once. AH these movements were distinctly visible to the two trembling but yet courageous girls from the place of their concealment 5 and just at the ruffian was about to apply the light he had Ht last succeeded in striking, to the hay-stack, Grace M'Veagh (we had almost written Grace Darling) exclaimed, • What is this* ? What are you doing ?' The fellow made no reply, but drew back. IVlisi M'Veagh cried out • Stand!' and immediately fired with the musket with which she was provided, and which was double-chavged with swan drops, slugs, and small pebbles. The man instantly fell back; without uttering a groan. His comrade, who had left the ret>t of the party with him to fire the stack, then rushed forwxrd, crying, ' If the devil himself was there I would set it on fire.' As he came over towards the stack, Margaret M'Veagh met him, full front, armed with an old yeomanry bayonet, fastened at the end of a pole, and made several thrusts at his lace, wounding him severely. He too fell back exclaiming, ' D you, d-—— — you, I will not leave a "staple" of thatch but I will burn !" The re*t of the patty, seven in number, then made a rush towards the young heroines, who still bravely stood their ground, and one*of the miscreants discharged a pistol at Miss M Veagh, just as, suspecting his intention, die had drawn herself within the tempoiary cover which she had used fjr the purpose of keeping watch, but she was so near the shot, notwithstanding, that one of her hands is bo deeply m rked with the stain 0 fthe powder, that she has since been unnble to wash it out. The party then raised up their fallen comrades, one of whom must hive been killed, by the discharge of Miss M'Veagh's musket, dragging him to a heap of stones, which lay a few yards distant, where they laid him down. Meanwhile, Miss M'Vragh> who still kept her position, cried out ' Stand, or I will fire again ; I have a brace of pistols 1' Hearing this, the entire party fled from the field, leaving the dead or dying man behind them on the heap of stones. At length, dreading the return of the ruffians—but not till this moment — did the two valiant girls, half fainting with fatigue and excitement, return to the house to rouse their father, who was still asleep. On getting up and learning the circumstance;, Mr. M'Veagh sent a messenger to inform the police et Newtonbreda, and Constable Boyd, who was just returning from pitrolling the neighbourhood of Diutnbo, at once turned out his par y, and proceeded to tbe scene. Before the arrival of the police, however, Mr M'Veagh and some of hii neighbours, who had assembled at the place, found a cap on the spot where the man whom, his daughter shot had fallen. It is of a military style, with a high crown and deep peak, of blue cloth, It was perfectly rdd'ed, appaieully with the rough pebbles, one of which had passed through the part where the end of the peak was stitched to the cloth, immediately over the left temp'e. Other slugs or pebbles had pass d through the crown. The iniide of the cap was saturated with blood . Along with the cap were also found a quantity of lucifer matches, a number of newly invented " fire-lights," and a razor in a case, perfectly new. Be ore, however, Mr. M'Veugh or his family had gone out of the house a second time, the in* cendiaries had contrived to remove the body of their associate. Traces of blood were observed from the stack-yard to the road side, and where they had rested tl-e body previous to placing it on the car which had been waiting, and had conveyed away the whole party (as it was evident fr'-m no marks being seen beyond the spot), large pnols of gore wtre discovered. From the sound of the wheels and the lightnebs of the movement, it was conj ctured thot the vthicle was a j.unting-car, but vrhetneran inside or an outside one, from the darkness of the ni^ht, could not be ascertained. On his arrival at the place, Constable Boyd, with praiseworthy promptitude, at onca despatched a messenger to Belfast to inform the constabulary here, and tbe local police of ihe occurrence ; and having reported to the stipendiary Magistrate, Mr. J. L. M'Cance, at Ballinahinch, that gentleman attended at Mr. M'Veagh's house, yesterday, where he you met by Mr. Robert Butt, of Purdy's-bum, and Sub- Inspector Stafford, from Billinahinch A very lengthened investigation into the circumstmces of the case was held, at which the facts which we have above detailed were elicited. Informations were sworn, but whether anything else calculated to afford a clew to the whereabouts of the ruffians transpired at the inquiry we are not able to say. We need hardly say that tho excitement which prevails throughout the neighbourhood of New'onbrcda, and inintense, and that the excitement is unive f s lly mingled with admiration of the courage and heroism displayed on, the trying occasion by Mr. M'Vea s h's high spirited deed wher^vtr ihe circumstances have been related, i> daught r», who, we can confident'y assert, are well woithy of the highest mark of approbation in the power of the public und the Executive to bestow."

Californian Gold.— There is, says the Liverpool Standard, at present to be seen on tne Earl ot Deiuy's ««tae at Knowsley, a considerable quantity of gold dust imbedded in soil which has boen brought iron* California along with some rare trees and plum*. Educate the Armt.— - The Duke of Wellington says, and his saying desrrves to be written in the largest letters, over the Horse Guards, and round every cannon's mouth. "It is time that ignorance should ce»«e in the British Army." And it is high time ; but ire hope none of our military readers will have their vanity wounded, if We ventuie to put the following question ;—" When the aforesaid ignorance ceat i, how long will the British Army last?" Is it to be expect :d tnat some 40,000 men will quietly walk into ■ held to kill, or to be killed, when they are in a •tate to rea • ? Depend upon it, they will not do it to pleaie any body ! But still we cry. as loudly as the Duke, '< Educate the Army."— PuncA Thb Longest Journly to the Bank. — Going round by California.—/^