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Will you swear that you were there till after two? I cannot say when I came in unless I refer to my notes.

newspaper.

That is, the notes you took from the Will you swear that you saw Mr. O'Connell coming into the room that day? I either saw him coming in or I was there before him.

Is that your answer? I am not ashamed of it.

The Atlantic breezes in the county of Clare harden the face? They have not hardened mine.

Do you swear that neither the Atlantic breezes nor any thing else has hardened your face? I do not understand the question.

Did you not tell me before it had not? Not exactly.

What do you answer? I do not know that they have hardened me in any way.

Then you are not hardened? No.

Do you think to prove by your testimony that you are not a hardened man? Most decidedly.

Were you at the Association on the 4th of September? I was. Were you present when Mr. O'Connell said, that no tumult should take place in his day? I was. [The witness read the speech]. I was there when Mr. O'Connell spoke that speech. I wrote this identical paper that day as the words fell from Mr. O'Connell's lips. I did not take that note from any Reporter's slips or from a newspaper. Mr. O'Connell said "that would not be an unnatural or unadvisable result." I swear it to the best of my belief. That is my own report.

Was any one sitting near you at the time? I cannot remember. To the best of my recollection Mr. Edwards was there, but I am not certain of it.

Can you mention any single Reporter who was there that day? There was a host of them there.

Do you swear on your oath he was there that day? I do not. Then you cannot remember any Reporter who was there that day? The usual corps was there.

Can you name any single man who saw you that day in the Association's rooms? Any one that was there might have seen me. I suppose Mr. O'Connell saw me. Mr. Ray must have seen me

there.

Did Mr. O'Connell speak to you? I am not on speaking terms with him.

Did you speak to Mr. Ray? I cannot remember that I did. You know Mr. O'Connell and Mr. Ray are both on their trial and cannot be examined? Yes.

You were among the Reporters taking notes? Yes.

Can you recollect a single man that you saw there that day? I connot remember at this distance of time.

You cannot remember-in Italian-Non mi recordor. Who was in the chair that day? I do not remember.

Was Mr. John O'Connell there that day? Will you allow me to refer to my notes.

Can you say whether he was or was not without referring to your notes? I cannot.

Now you may refer to your notes. Was he there? He was. I took notes only of what these three gentlemen said, because they were the leading men. One cannot, you know, play Hamlet with the part of Hamlet left out. Mr. John O'Connell made some observations. I cannot remember how long he was speaking. About an hour. It was a long speech. I do not know who spoke before him. I do not know that any one spoke but Mr. John O'Connell, that day. He made a long speech. I did not give a verbatim note

of it.

"This is not an unnatural result." Were those Mr. O'Connell's words? To the best of my belief they were.

How did you get in? The porter recognized me as belonging to the Press.

I cannot remember whether I looked at any slips of other Reporters, on that occasion. I saw Reporters writing short-hand that day. I will not swear that Mr. Edwards, the Reporter for the Freeman's Journal, was there. I think a short-hand Reporter could take a more accurate report than I could.

Cross-examined by MR. WHITEside.

I cannot swear I saw Mr. Duffy on the 6th of July, without referring to my note; nor on the 25th of July. The room was generally full. I cannot remember what Mr. Duffy said, without referring to my note. I did not take down every thing he said. There was nothing remarkable about what Mr. Duffy said. I did not give an account to Government or to Mr. Kemmis of it. I did not tell them how I took my notes. All I sent to the Morning Herald is not here. I said Mr. Ray made an observation, not a speech. It was a casual observation, and occupied four lines in my notes. As well as I remember, I swear I was present, but I will not swear that my report was not copied from another paper?

Will you swear that he did not say that he got a letter stating that some ballad singers had been taken up for singing seditious songs, and that Mr. O'Connell approved of the conduct of the persons who took them up? I will not swear that did not occur. These reports were to serve the purpose of letters; I do not undertake for their accuracy. I will not swear that Mr. O'Connell did not move a vote of thanks to the persons who arrested the ballad singers. An address of the Irish representatives was read, Mr. O'Connell commented on that address. It was a statement of the grievances under which the Irish people laboured, and that they were loyal to the Queen's person.

You stated that Mr. O'Connell said that the Irish were not disaffected? Yes.

That they were loyal to the Queen's person? Yes. I heard him speak of the French Constitution and Louis Phillippe, rather severely. He found fault with that Constitution, that it was a

mockery, because there was not a House of Lords in France. He said also they taught infidelity. I heard Mr. O'Connell say, he wished to correct the error that the Nation, or any other newspaper was the organ of the Association. I remember the day he proposed the plan of the Irish Parliament. I always endeavoured to tell the truth in my letters, although I made them a little flowery. The Morning Herald has changed hands lately. I heard Mr. O'Connell say that he would not, or the Association would not hold itself responsible for any thing that appeared in newspapers.

Witness. My Lord, I wish to explain.

Mr. Fitzgibbon.-Sir, you have explained. I object to your making a speech.

Witness. I merely wish to state, before the world, that these documents and letters were put into the Crown Solicitor's hands without my knowledge. I never knew it until I saw them in the hands of the Crown Solicitor.

Cross-examined by MR. MOORE.

I took the notes of the 3rd of October, on that day at the meeting. I do not know the Rev. Mr. Tierney's person. I mentioned him as one of the persons who were there that day. I put his name down having asked casually what his name was. It is from hearsay I derived my knowledge of him. I mentioned, according to my notes, that he was there. To the best of my belief he was there. I never saw him before nor since. I would not take upon me to swear positively he was there. Somebody, who I was told was Mr. Tierney, made a long speech.

Mr. Moore. My Lords, I have been making an application to the Counsel for the Crown which they do not think they ought to comply with. Your Lordships will recollect that the witnesses have read long extracts from speeches, which it was impossible that we could have taken down correctly. My application is, that we should be furnished with copies of those extracts as read by the witnesses.

The LORD CHIEF JUSTICE.-I do not know that the Court has power to make such an order.

Mr. Moore. I am sure that even if the Court has not the power of making the order, any difficulty felt on the part of the Crown, in complying with the application without the sanction of the Court, would be removed if your Lordships were to intimate that the copies ought to be furnished.

Mr. Fitzgibbon.-These papers are here as documents put in on the part of the Crown; we are, therefore, entitled to them.

The Attorney General.—Such a course has never been adopted to the present time; and I object the more to it when I recollect the course adopted as to one of those witnesses. The traversers are placed in no difficulty; they have every meeting reported by the short-hand writers for their own newspapers. Under all the circumstances I certainly will not depart from the usual course by furnishing copies of these documents.

Mr. Moore. I do not consider after what has been stated by the Attorney General, that I can call on the Court to make any

order.

Mr. Fitzgibbon.-I now submit that the whole evidence of the last witness Jackson should be struck out. He was brought here as a witness of what had been said and done at those meetings. From the Witness's own showing he had no means of giving evidence on the subject. This is the proper time to make the objection.

THE LORD CHIEF JUSTICE.-I do not think this is the occasion to make the objection. The Witness has been cross-examined by three of the counsel for the traversers. The objection may be well worthy of consideration, but not at this time.

Mr. JUSTICE PERRIN.-I do not think that the traversers have a right to strike out the evidence of any witness.

JOHN BROWN, examined by Mr. HOLMES.

I reside in Nassau-street, and carry on the printing and stationery business. I have been long carrying on the business. It is at No. 36. I know Mr. Ray. I have known him for several years. I have heard of an association in the city of Dublin, called the Loyal National Repeal Association of Ireland. Mr. Ray holds the situation of Secretary to that society. I was employed to do some printing work for that society. The association generally, through Mr. Ray, employed me. I have been four or five years doing work for the society. I have been paid for the work I have done, except a running account now. I was paid by Mr. Ray, and sometimes by a clerk in his office.

Have you received much money from time to time for the business you did?

I have.

Could you mention how much; be under the sum ?

Mr. Fitzgibbon. That is not evidence against the traversers. The LORD CHIEF JUSTICE.-It is evidence against Mr. Ray. Mr. Holmes. What amount have you received from him from time to time? I cannot say.

Have you kept any account book? I have; the account was sometimes about £20.

Mr. Whiteside. I object to evidence of the contents of this gentleman's books being given; they should be produced.

Mr. Holmes. Have you been served with a subpœna duces tecum? I was, and I have brought the books with me.

What amount have you received from Mr. Ray from time to time within the last two years?

Mr. Whiteside.-I submit this is not evidence. The first act in the indictment is on the 1st of March, 1843.

MR. JUSTICE CRAMPTON.-I do not see the relevancy of the inquiry.

Examination resumed. I printed this document for the Association. ["Report of the Committee of the National Repeal Association of Ireland."] I printed this document also for the same Association.

["Instructions to Repeal Wardens."] I printed these documents also. ["Description of the New Card for Members." "Proclamation relating to the Arbitration Courts." "Address to the Inhabitants of the Countries subject to the British Crown." "Rules to be observed by the Arbitrators." "Arbitration Notice." "Plan for the renewed action of the Irish Parliament."] I cannot say exactly the number of copies of the Report of the Committee that I printed, perhaps two thousand. They were sent to the Association, and I was paid for them. I printed four or five thousand copies of the "Instructions to Repeal Wardens." I was paid for them. I was paid for " Mr. O'Callaghan's Letter." I printed two hundred of the "Proclamation," two thousand of the "Arbitration Rules." I was paid for them. I printed two or three thousand of the "Address to the Inhabitants of the Countries subject to the British Crown." and was paid for them. I printed some of those documents from manuscript, and some of them from extracts from the Newspapers. I have none of those manuscripts. I was served with a subpoena to produce them, and I searched for them. I took this document I produce, of "Leinster for Repeal," from the printing office file. I cannot say whether any thing was printed from it.

Examination resumed.-I have a book in which payments are

entered.

Mr. Holmes.-Look in the book whether there is any entry made of payment for that document?

Mr. Whiteside. The entries in that book cannot be evidence. Mr. JUSTICE PERRIN.-Have you any entry relating to that document?

Examination continued.-There are two entries relating to a document for the Mullaghmast meeting. I printed 2000 of that document, which is entered; it is headed "Leinster for Repeal." I printed it for this Association, and was paid for it. The newspaper called Mullaghmast a monster meeting. I have no documents which I printed for the intended meeting at Clontarf. I think I printed some for the Donnybrook meeting. I did not bring all the documents, for it would take a cart to bring them. I brought these in compliance with the subpœna. All that are here were printed for the Association, and I was paid for them. I printed this document for Mr. Mahony. ["An Address as to the Revision of the Jury List, to the People of Ireland."]

Mr. Whiteside. There is no proof that any of these documents have been used by the traversers. They are no evidence against Mr. Duffy. The only evidence of his being a member of the Association is, that he was seen once handing in money at Calvert's Theatre.

Mr. Holmes. Every one of the traversers is a member of the Association, and these were printed for the Association, and paid for by the Association.

Mr. Fitzgibbon. The only evidence before the Court is that Browne printed these documents for the Association; but, with one

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