they are. The resolution for a petition was moved in the following words: "Gentlemen, I beg leave to move for the adoption of a pe"tition to Parliament, for a repeal of that fatal measure, the "Union." That was seconded by Dr. Walsh. I should observe in explanation, that the names of few of the parties who spoke, were announced; and it was only from making inquiries as to the names of the speakers, that I could get their names. The petition was read, but I did not take a note of it, because I thought the newspapers would give it. I did not apply for it. I read a copy of it in the newspaper. I saw it in more than one newspaper. I also examined the report of the proceedings in two newspapers. I have no copy of the petition. The next note of a transaction in my notes is of a resolution. I do not know any thing of it. The Rev. Mr. Kearney moved it; Mr. Clarke seconded it. There was another resolution moved by Mr. O'Loughlin, and seconded by Mr. Ryan, which I have not. The next is Mr. Robinson's speech. The next was the reading of the petition to Parliament. Mr. O'Connell's speech followed. I was taking notes at the table. I threw some of them into the fire, and my child cut some of them up. I threw the draft into the fire.

Re-examined by MR. TOMB.

I saw but one Reporter there. It was said he was for a newspaper. I understood there were more.

JOHN SIMPSON STEWART sworn, and examined by the ATTORNEYGENERAL.

I am a Sub-inspector of the Constabulary. I was stationed at Tullamore in July last. I was there on the day of the meeting on the 16th July. I went round the town the morning of the meeting. I saw banners and mottoes. There were a large number of persons besides the inhabitants of the town in the streets. The people came in thousands to attend the meeting. This was between nine and ten. I know High-street, Tullamore.

The Attorney General. What were the mottoes you saw in High-street on that morning?

Mr. Henn.-I object to that question. I submit that placards seen in the streets of Tullamore cannot be evidence.

The LORD CHIEF JUSTICE. Why not?

Mr. Henn. were put up. They may have

Because it does not appear when, or by whom they They were seen before the meeting took place. been put up in the night, when scarcely any one was in the town. The numbers who came in could not make it evidence.

The LORD CHIEF JUSTICE.I do not think that it is necessary to show by whom it was done, as the evidence now stands. Observe, that all the parts and particulars of what took place that day, cannot be given in evidence at the same time. What the Witness has sworn to, amounts to this ;-he was in the town of Tullamore on the day of the meeting, attending to his duty as an officer of police. In the morning vast numbers of people came into the town, and he, in the

exercise of his duty, went round the town to make his observations. He saw that the multitude did not belong to the town. He walked about to see what was taking place, and he observed sundry banners and mottoes. He states this as a matter of fact, which he saw in the course of the morning, while preparations for the meeting were going on.

Mr. Henn. He has not said where he saw those banners. I objected to his stating the inscriptions before laying foundation, by proving where the banners or placard were placed. A banner or

a placard posted in High-street is not evidence.

The LORD CHIEF JUSTICE.-It would not be evidence if it had not been proved that there was an assemblage of people.

The Attorney General cited Redford v. Birley, and Rex v.

Hunt.

The Court overruled the objection.

Examination resumed.-There were large numbers of persons in the town. They went through High-street. Large numbers came from Birr. There was an arch in High-street, stretching across the whole street.

The Attorney General.-Was there a motto on it?

Mr. Henn.-It does not appear when or by whom it was erected. The Attorney General.-The case of Rex v. Hunt, 3 Barn. & Ald. 578, proves that this is evidence.

Mr. Fitzgibbon.-There was only a verdict on the fourth count in that case. That was for attending an unlawful assembly. No one knows who erected this arch, what evidence is it that Daniel O'Connell is guilty of conspiracy? In Rex v. Hunt, there was only a verdict on the count for attending an unlawful assembly, and it was given in support of that count. There is no such count in this indictment.

The Attorney General.-In Rex v. Hunt, there was a conviction on the fourth count. Chief Justice Abbott in his judgment in that case says: "Inscriptions used on such occasions are the public expression of "the sentiments of those who bear and adopt them, and have rather "the character of speeches than of writings." Accordingly the evidence of inscriptions on those banners was admitted. The present case varies in no respect from that, except that this is an indictment for a conspiracy for doing that which was done in Rex v. Hunt. The character of an assembly must be shown by the banners. That is what I am proceeding to show. The special pleas in Redford v. Birley, exactly apply to this case. On these authorities I am entitled to show the preparations for this meeting, and every thing that took place at it.

Mr. Whiteside.-There is a manifest distinction between this case and that of Rex v. Hunt. It does not appear that this arch was erected or these banners carried by any persons connected with the meeting. The Chief Justice, in that case, says, that the inscriptions are a public expression of those who bear and adopt them. This inscription was never adopted by any of the traversers. It might as well be said, that, if arches were erected at Clontarf and

the meeting was at Donnybrook, the inscriptions could be given in evidence to show the intention of the persons assembled.

The CHIEF JUSTICE. I think these flags, mottoes, and banners are admissible in evidence, for the purpose of showing the real character of the meeting. Suppose the parties chose to call their meeting a peaceable meeting, but that, in point of fact, it was of a hostile character, which would be evidenced by the banners, could it be contended that they were inadmissible to show the real character of the meeting? I am of opinion that the objection should be

overruled.

Mr. JUSTICE PERRIN.-Evidence of acts and declarations is admissible to show the object of an assembly. Here is an arch erected in a public street, leading to the place of meeting, in the same town, not so remote as Clontarf is from Donnybrook; and if it was permitted to continue there during the holding of the assembly, it would be admissible to show the intention of those holding that assembly, and must be considered as an expression of opinion. This case is not exactly the same as those cited, but the principle exactly applies.

Examination resumed.-On one side of the arch was written : The Slave-master may brandish his Whip, but we are determined to be free. On the other: Beware of physical Force. Beware! Physical Force is a dangerous Experiment to try on Irishmen. Repeal shall not be put down by the Bayonet. The Roman Catholic chapel at Tullamore is opposite the Corn Market. The platform could be seen from the chapel gate. There was an arch opposite the chapel gate, with the inscription, Ireland, her Parliament; or the World in a Blaze. The meeting was held on Sunday. The greater number of the persons entered under that arch. The platform was exactly opposite to it. There was a banner opposite the platform, with the inscription: Ireland must not be, ought not to be, shall not be, a Serf Nation. There was a motto on the platform: Nine Millions of People are too great to be dragged at the Tail of any Nation. There were other inscriptions, He who commits a Crime gives Strength to the Enemy. God save the Queen. There were others: See the Conquering Hero comes. Cead mille failtha. Peace and Perseverance. Repeal. Justice and Prosperity to all Classes and Creeds. Breathes there a Man, &c. Ireland welcomes her Liberator. The crowds began to come in early, but the greater number from half-past nine to one o'clock. The greater number came by the Birr road. A great number of bands came into the town. About nine or ten bands. I suppose they were temperance bands. They came in at different times, with large numbers of people. They came in in sections of four. To Mr. JUSTICE PERRIN.-I mean four abreast.

One of them got out of his place to stop at a particular house, and a horseman said to him, "dyou, Sir, keep your ranks;" he obeyed and returned to his proper place. I counted between seventy and eighty sections of four. I could not be particular to the number, but I think there were about three hundred. The footmen did not come in with the same regularity. I observed persons giving directions to the

crowd generally, halting them and getting them into order. Mr. O'Connell arrived the night before the meeting. I think the arch in High-street was erected the night before. I saw the one opposite the chapel. It was erected in the morning after ten o'clock. I saw the mottoes over the arches between half-past nine and ten o'clock. Mr. O'Connell came to the platform about two o'clock. I saw Mr. Steele also at the meeting. I have no doubt Mr. O'Connell was there. I heard some parts of Mr. O'Connell's speech, I was in a store overlooking the platform, ten or twelve yards from it. I heard him say "that he came there from the centre of Ireland to "announce to them the certainty of Repeal. He would prove from "Peel and Wellington that Repeal was certain," or words to that effect. He likened Peel to a fool who came to a river and stood there to let the waters flow past. He made some allusions to Lord Beaumont, and called him "despicable Beaumont." As far as I heard it, he alluded to a speech of Peel's, who said he would prefer a civil war before he would grant Repeal, and he then said, "the better "day the better deed; let him make war on Ireland, for he stood "there to hurl his high and haughty defiance at him." I am not giving his exact words, but I took this down, as nearly and accurately as I could. He said, the people of Ireland should not be compelled to pay for the Church to which they do not belong. He alluded to the Government or somebody giving him the ecclesiastical establishment, and he said he would take it as an instalment. He did not say how much he would take, but he said: "I will take what I get, and I will make them then give me the remainder." He then asked whether there were any teetotallers there, and a great number of people put up their hands. He then said, "If I want you, can"not I get you any day in the week; but I will take care I will "never want you." He then told them not to vote for a Tory or anti-Repealer. I calculated there were from sixty to seventy thousand men, women, and children there. I do not include the residents of Tullamore; all the persons left Tullamore that night. The meeting dispersed at about five o'clock. Some of the bands were in white, some in green and white.

Cross-examined by MR. HENN.

I am not a short-hand writer. I was quartered at Tullamore two years before this. I was apprised of the meeting. It was my duty to attend and report what occurred, and I did so. I heard Mr. O'Connell say something about Ribbonism, but at that particular time I lost the whole thread of his discourse. There were a great number of men, women, and children in the town. All went off as peaceably as it was possible. There was not the slightest occasion for the interference of the police, nor slightest tendency to riot or disturbance.

Mr. Henn. Do you not think there was less probability of accidents from the crowd observing such order in coming in? I do not think the order was observed to prevent accidents.

Have you attended other meetings? I have been at some meetings at fairs and markets.

Have you seen persons going in this order at funerals? I never have. I went about the town the night before the meeting. I am almost positive I saw the arch in High-street the night before, but I am not quite positive I did. I am quite positive I saw the motto, Ireland, her Parliament, or the World in a Blaze. I saw it on the Sunday morning, the 17th of July, at about ten o'clock.

You did not interfere to take it down? No.

Will you swear it was not taken down that day? No.

Will you swear it was not taken down before the meeting? I will not.

Was it close to the platform? I was at an angle so that I could not see it.

Was it there when you went home? I went home a different way.

Did you see any one putting it up? I did.

Where were you when Mr. O'Connell went on the platform? In the store overlooking it; the arch was not opposite to that.

Will you say it was there at twelve o'clock? I cannot say. Will you swear it was there at the commencement of the meeting? I did not see it.

When did you see it last?

different mottoes.

When I went to take a note of the

Can you swear you saw that motto at twelve o'clock? I think I saw it about eleven o'clock.

You took down one motto, Patience and Perseverance?

I did.

Did you observe these words, and Obedience to the Laws, on the same banner? No.

Did you see Repeal, but no Separation? I did not; it is not on my notes, and I would have taken it down if it had been there. Were there not a number of ladies and gentlemen there? I saw a number of women and children, but very few ladies.

Did you see the people coming from church? I did not.

Did you see on a placard, The Queen, God bless her? I saw God save the Queen. I do not recollect seeing The Queen, God bless her. There were several minor mottoes and inscriptions in windows which I did not take down. I took down every one that was across the street and on the platform. I took down all the principal ones. I did not take down all those which were publicly exposed. I think I may swear I took down all those on the platform; but I am not positive. I have no recollection of seeing on a placard, The Rose, Shamrock, and Thistle. I took down my notes at the meeting. I wrote my report on the next day at three o'clock. I received my directions on Saturday and Sunday. I sent it the next day.

NEALE BROWNE sworn, and examined by MR. NAPIER.

I am a resident magistrate at Tullamore. I was there on the 16th of July. I know where the church is. My house is on the High-street. I saw the people coming into town from the western side, from Frankford, at about one. Persons had come into the town