Tell me now which is all this, treason, conspiracy, sedition; or flat burglary? I never joke when I am on my oath.

There was a country fellow on the platform who told a person in the crowd whom you did not see to be gone, and not create a disturbance? I did not know what he might be doing.

You have idle times in the North, I think? It is very singular, the less I have to do the better I like it.

Now did you not say you never joked when on your oath ? That is really no joke, Sir.

You were not much pressed on that day? Indeed I was by the crowd.

Why you are joking again, but there was nothing more to incommode you-your whiskers were not pulled? The crowd was very great.

Were there ladies and gentlemen amongst them? Neither.

Did you dine comfortably that day, and had you a good bed? It was pretty hard.

When did you leave Mallow? That evening.

When did they ferret you out as a witness? About the month of December.

Are there any respectable people in Mallow-any proprietors in the town-shopkeepers or landholders near it? Plenty.

Why, then, have they pitched on you-a policeman who escaped to tell of your imminent hair-breadth escape from the scene of slaughter? I was sent here.

Re-examined by MR. BREWSTER.

Mr. Anderson, during the day, was for a while in Barrack-square. He was not in the crowd. He was in the Court-house. I do not think he could conveniently hear what was going on.

HENRY GODFREY sworn, and examined by MR. FREEMAN. I am in the Constabulary. I am a Constable. I was stationed at Donard, six miles from Baltinglass. On the 6th of August, I was ordered into Baltinglass. I came there the evening before. I saw great numbers in the town between twelve and one o'clock. I saw them coming in waggons from Rathvilly. At that time I saw one band. I knew the Rev. Mr. Nolan at that time. The band was in a waggon. There were great numbers. I saw several banners, but I do not recollect the inscriptions on them. I took no note of them. This was in the town of Baltinglass. The meeting was held near the town. I heard Mr. Nolan desire numbers of people to go to meet Mr. O'Connell. I heard a man saying, that "the shouts were frightening the pigeons." "Yes, and the Protestants too," said another. This was before Mr. Nolan. The waggon had gone over the bridge in the direction to meet Mr. O'Connell. I heard no other persons say it in the crowd. I cannot say when the band went to meet Mr. O'Connell. I was dressed much as I am dressed now, in

plain clothes. I cannot say what time I heard the expression, but I think it was between twelve and one. I met Mr. O'Connell on the road coming in, nearly about one o'clock. I heard a man say that this was the day that would frighten Saunders. I know Mr. Robert Saunders, he lives at Saunders-Grove, a little more than two English miles from Baltinglass. This was just before Mr. O'Connell came up. I made a memorandum the very day, just after the meeting. I do not recollect any other expression. I attended the place of meeting. I saw Mr. O'Connell, Mr. Lawlor, the Rev. Mr. Nolan, Mr. O'Farrell, the Roman Catholic Curate from Dunlavin, about eight miles off. I saw Mr. Copeland. He was Chairman. He lives at Dunlavin. That is about seven Irish miles from Baltinglass. I saw the two young Metcalfes, from the Park. I saw a man who was named to me as Mr. Steele. He is here. I saw young Mr. O'Connell there. Mr. O'Connell spoke; he said: "that he did not despair of getting the Repeal, for he had the people to back him;" he also said: "there were some millions of money sent out of the country;" he did not say how much; he stated that the taxes were to be paid out of some fund; I heard him say something about Lord Wicklow; I heard him call Mr. Fenton a "bog-trotting agent; "I do not recollect that I heard him say any thing more. I heard Mr. O'Connell say that they would get the Repeal; that they would not be refused, as they were all sober and determined men. I saw the Rev. Mr. Lawless there. He said he should have Repeal. He talked of having met some clergymen in travelling to Dublin, and that he would leave them the tithes during their natural lives. I cannot say how many were at the meeting. I was not alone. There was another man with me.

The pressure was very great.

Cross-examined by MR. FITZGIBBON.

I was

I have been back and forward to Baltinglass ten or eleven years. I am known there. I have been a policeman twelve years. always at Baltinglass in my uniform. I saw many that I knew in the crowd that day. Some near me, and some not. I was not insulted nor molested, nor even any expression used hurtful to my feelings. There was no attempt to remove me from the crowd. I might have got up to the platform. Mr. Nolan was near me. The person who made the reply that the meeting would frighten the Protestants, was near me. I saw him. I was within a yard of him. I did nothing. 1 looked at him. I would not know him. He appeared to be a countryman. He was in a frieze coat. I did not know the man who spoke about frightening the pigeons. I cannot name any man who heard that expression. I endeavoured to avoid the notice and the eyes of those that knew me. Any place that I saw them, I would slip off to some other part of the crowd. I had no trouble to do that. I found a place where none knew me, in front of the platform, sometimes twenty, and sometimes ten yards from it, in different parts of the crowd. When I heard the expression, "This is the day that will frighten Saunders," I was beyond

Hughes' hotel on the Dublin road. There was nobody I knew near me then. I cannot say whether any other person heard the expression. I was near the man that said it. I do not know him. I did not ask him his name. I did not think it was my duty. I took a note of the expression between the time I heard it, and the termination of the meeting. I did it on the side of the road. Show me your note? I have not it here.

Did you not, awhile ago, look at your note, and pretend to read it from your book? I did, and I have it here [handing a paper to counsel].

Mr. Fitzgibbon. Did you not awhile ago tell the jury that you made this note the day of meeting? I did not tell them that

note.

Did you believe I was speaking of any thing else than that paper? Did you believe my question was about the paper in your hand, or any other paper? I cannot answer that question.

Now answer this simple question where is the original note from which you say you wrote this book? I think it is burned.

Dead men tell no tales: when did you burn it? When I went home, after sending in my report.

Were you ordered to take notes ? I was ordered to take notice of particular words.

Do you mistake my words? I do not remember that I was ordered to take notes. It was with a pencil I took notes: I went prepared with paper to take notes.

Repeat the expression again respecting Saunders. I will: it was, "This is the day that will frighten Saunders."

That is what you have written. Something to that effect. I heard words to that effect from several persons; some said, "Saunders will be frightened to-day." Another said, "Devil's cure to him, he would not come down and join the people for Repeal."

Did you not tell me this minute that you made a note of the phrase? I made a note of it upon the paper that was burned. I took notes that I did not mention in my report.

Does the book in your hand correspond with the report which you furnished? It is nearly the same as my report, but I cannot say it is exactly the same.

Mr. Freeman. If Mr. Fitzgibbon intends to cross-examine the Witness, with respect to the document, it should first be placed in his hands. That is the fixed rule of law.

Mr. Fitzgibbon. Mr. Freeman has misunderstood my question. I merely asked if the report which he delivered is the same as that which he had in his book. I did not ask him anything about the contents of the report.

The Attorney General. There is no misunderstanding of Mr. Fitzgibbon's question; and I submit that question is illegal. The point was decided in the Queen's case, that a witness could not be examined as to the contents of a paper, without having it put into his hands. The question put by Mr. Fitzgibbon was: "does the book in

your hand correspond with the report which you furnished?" surely that is tantamount to an inquiry as to the contents of the paper.

Mr. JUSTICE CRAMPTON. You had better put the question again, Mr. Fitzgibbon.

Mr. Fitzgibbon. Did you copy your report from the book in your hand? In the first instance I made out my report from the notes which I took on the day of the meeting, and then I copied what I have in my book from my report. I copied the report which is in this book from the report which I sent into my officer.

Did you copy the book from the report before you sent in the report ? Yes.

Are you sure now? Indeed I think I am. I have explained to you how it was. I took a report from my original notes, and sent it off, and a copy of that report I brought to my station.

What became of that copy? I do not know what has become of it. I dare say it is at home. I am sure I do not know; stay, stay, I believe I have it here-yes, here it is. This is the report which I took from my original notes.

Well, read it through and tell me do you find in it anything about "Devil's cure to Saunders? No, there is nothing about it here.

Mr. Fitzgibbon. Why, Sir, you do not think it worth your while to look through your notes for it? Oh, I know it is not in it.

Where were you when you made out your report? In a house in Baltinglass.

Who owns that house? I forget the man's name.

You forget his name? Yes, I do all I know is, that he is a carpenter.

He keeps a lodging-house-does he not? Yes, he does.

And you lodged in his house, and have been for ten or eleven years in Baltinglass, and yet notwithstanding all this, you forget his name? I do not remember it. I never lodged in his house but

once.

Your memory must, indeed, be very treacherous, and yet you can remember what Mr. O'Connell said that day! Passin gstrange that! I think I may let you go down, Sir.

Witness. My Lords, I never was stationed at Baltinglass for more than a fortnight, and there are numbers of people there whom I do not know.

HENRY TWISS Sworn, and examined by Mr. MARTLEY.

I am a Sub-Constable, and was so in the month of August last; I was stationed at that time at Redcross in the county of Wicklow, which is thirty miles distant from Baltinglass; I was at Baltinglass on the 6th of August last; there was a Repeal meeting there that day; I arrived at Baltinglass the evening before; I went there on duty; I made a report to my officer of what I saw there; I sent in my report on the morning of the next day; this document now handed to me is the report, and was written by me; there was a great crowd at the meeting; I am not at all in the habit of estimat

ing numbers, but I am sure there were, at all events, 5000 persons at the Baltinglass meeting; I am confident that I am greatly under the mark; I saw Mr. O'Connell there, and others whom I do not know; the chair was at one time occupied by a gentleman named Copeland, from near Dunlavin; another gentleman was subsequently called to the chair; the second Chairman was some person from Kilcullen Bridge; I was at the meeting about one o'clock; I mixed in the crowd; I was ordered to attend the meeting in plain clothes, and I did so; I saw people coming from various directions, some came from Carlow, others from Tullow; I was on the platform at one time, at another time I was within five yards of it; I heard people in the crowd make various political observations; I heard some people saying, "Ireland was trampled on, but she shall be so no longer." "The time is nearer than you think. Let us wait "patiently for some months. Ireland was trainpled on long enough, "but she shall be so no longer;" the meeting lasted as well as I remember from about half-past two to six o'clock; I was shewn Mr. Steele there that day; I saw the Rev. Mr. Murtagh there; he made a speech; I cannot state what he said, as I made no report of it.

Cross-examined by Mr. MACDONAGH.

I took no notes of what was said by the speakers.

I presume that when you heard the people say, "the time is nearer than you think," they were speaking of the Repeal of the Union? I could not say; but you may suppose so if you like.

You are not able to ascribe any other meaning to it; but the Repeal of the Union was the subject they were discussing? It was. Did you see all the people retire? I cannot say I saw them all retire, but I saw them going away in every direction.

There was no breach of the peace at that meeting? Not that I could see.

And no tendency to a breach of the peace? No; not the slightest.

Everything went off very peaceably? It did.

PATRICK LENEHAN sworn, and examined by MR. TOMB.

I am a Police Constable. I was at Baltinglass on the 6th of August last. I saw the people coming into the town to meet Mr. O'Connell. I cannot say how many, but there were some thousands there. I saw them going over the bridge of Baltinglass on the Dublin road. I was at the meeting when Mr. O'Connell came there. I was in plain clothes. I was about thirty yards from the platform. I saw Father Lawlor of Baltinglass there, and Mr. Steele, and the Rev. Mr. Murtagh, of Kilcullen. I heard Mr. O'Connell tell the people that he was glad to see them there, and that he hoped they would be there when he came again; they all shouted at that. After the meeting was over I went across the bridge towards Baltinglass, in the direction of the barracks. The place was very much thronged. I heard some of the people saying