Carolina Watchman

              term of the watchman r,r s ibscription pet year tv i 1 illabs payable in idraitce bat it not paid in advance two dollar a:ui fifty cw wl h charged ijf_«_ise_u..vts inserted n 1 for tbe gnu and 25 cts ir e:i ch babarqoenl insertion court orders chirged _;. per ft iiiiriii-r iliin these mt.-s a liberal deduc non lo those n!n advertise by lhe year j.eitf.ks to the fc'.lnors must be post paid a rolina watch__ian jackson hill x c ) october 25 i 18 . messrs editors — 1 wish to occupy a spiall space in alamos in order to correct certain raise reports th t are in circulntion iilxjiit lexington in rdntion to thf course pursued l.v nyselfin the late appointment of postmaster there tbe report is that i made u state ment and certitiv to it thai 1 was well acquainted with mr mabry's qualifications for btrsiness and that i con ■ jered hun wholly incompetent lo attend to a post of ioe where lbe bosineas amounted io as much as at lex ngton tbe charge is entirely false and i will now nje.iv.r ro give the acts ia th case the last time 1 w.:s in lexington previous to the iew appointment being made dr b ii whitney ap roached me on tbia subject and did propose to me to ich a statement as is charged against me in the rports alladed to bat i declined a compliance with he proposition most peremptorily and reminded that man of a facl which be seemed to suppose tten to wit that he was n democrat and \\: mabry a whig could not lie ex it tne to do such iihiil forsooth i should f reverse my principles oi m and disregard . „ , ... r ,.•" conscience and the wishes of my friends — state tor the benefit of those who circula - report that i was at mr clemmons room in ■•• where whitney requested me to : no person there but whitney and jlemuions but the subject of certificates was not men 1 left lexington that evening and heard noth nj further about the matter till whitney received the ment these are the facts so lar is i am con e ned : and now tor the second one which is that a u democrat m lexington offered me the ap . fit it 1 would support cass and buder such ah met was made to me and i sha i only say th.-.t it was ..! accepted because 1 esteemed my principles far more han 1 would an office that would yield thousands much ess one thai would not yield a hare support and i can lot suppose there is a man who knows me believes that could in induced by the hop of gain to desert the irineip lea of the partv to which i belong messrs editors 1 wish to notice the originator ol bese reports who lie is and what he is is be a vhig 1 do not and never have considered him a whig vhat were his professions when he cam to lexington welve months ago he was neutral iii politics he oted but he voted tor men and nol or measures what las made him such a strong whig now ? it is only lhe lollars and cent — self interest is lhe sole cause and not he love o principle he carries out ihe old adage tt " when he is in rome be does as koine does i ■ democratic village he is a democrat and when in i win village he is a whig in order insecure the eus m in ins profession d w badget 1 os the watt 11man messrs editors 1 have not been an inattentiveob rrver ol the progress of rail roads in this country — lone have been commenced under unfavorable circum nd soon abandoned ; others have been badly instructed laid with light iron on wooden rails ren rnnj the road inadequate to transport heavy trains nd making an expense of repairs that absorb all the pro s instances may be found of roads constructed in us way which have been utterly unprofitable : such on ring relaid with heavy iron using the t rail making _ mad more efficient in power and expedition reduc g freights nnd charges one half ',) thereby greatly in teasing lhe business and rendering the stock profitable with the expei ience of kail roads properly construc d in the commencement some of winch in massachu tts have exceeded four fold the amount ol business ex rcted.and others rendered profitable by unproved con traction it mav be asked is north carolina to be dis duraged m rail road enterprize ! should ay not let the good old north state ex wd the raleigh and gaston rail road from raleigh iv a sort ot " central route toward salisbury extend dga branch if you please lo unite with the charlotte road but ihe mam stem looking to the tennessee line pith the expectation of being met by that improving hate i hop none will be startled at these suggestions k visionary ihe advantages of such a central route iroald be immense the line climate fertile soil and i ier.il wealth oflhe centra and upper portions of n l'arnlina have not been appreciated as tliey should be bese sections ol the state convenient to market w means of a rail road and their lauds would be enhanced in value in an after number i may live details of the advantages of the proposed central route j testimony of a north caroli na volunteer from the warreuton reporter mr verrei.l i hope you will permit me through the columns of the reporter lo correct a report which has gained con siderable circulation in this county re specting my opinions as to the merits ol the two candidates now before the people or ihe united states for the presidency i have been informed by several of my friends that a rumor is , irculation that 1 with other of the \. c returned volun teers am opposed to lhe election of gen taylor and do not intend to support him pt llie ensuing election how such a re sort could get abroad 1 know not ; for 1 now that no man has heard me express ny such opinion on the other hand 1 iave always declared a decided prefer ence for gen taylor over mr cass and im determined to support him if 1 am lor unate enough to reach the ballot box i telieve he is the decided choice ol two thirds of the returned volunteers and will certainly receive their hearty support — there are some who will vote against him 1 know but they are such as have been raised in locofoco schools and do lot feel disposed to give a vote contrary to that which they have always given — ask them what they think of the old hero and you will find them mute per fcetlyso urge them a little and they ll tell you he is a great man against u--om the tongue of slander cannot sue fchfutty war n m peoples editors looking up james brooks esq of the new york ex press has been nominated lo represent his district in lhe nexi congress we know not *°* mr brooks can speak hut if he can only "° it half as well as lie writes he will he an ac to ihe house of representatives he ls well known as one oflhe most racy and pun ent writers oflhe day our old friend john vy syme ofthe peters hug intelligencer has won quite a forest of urels during ihis canvass he has been ac j and untiring throughout and as lar as we earn has never heen beaten he lately u wised the rough and ready club of ports r«>uih upon which occasion the norfolk her w spoke of him in the following lertui • joiix w svmf esu ok pbteb__b0e6 his gentleman we are informed by a ports jtouth friend addressed lhe rough and ready j*b of portsmouth on friday evening last in peech of an hour and a half which was j^ra lerized by great wit and humor it a jouaded throughout in strong and well limed l8 and ia forcible illustrations of ihe position the carolina watchman bru.ver & james ) n j e ii • . i kcep a check ttpon ilr yocr editors de proprietors \ r_le r do this and liberty is s„re j l\m blilils gen'l harrison j volume v number 27 salisbury n c thursday november 9 1848 of general cass in regard to the wilmot pu visoaod baltimore democratic platform the peroration was in a high degree eloquent and impressive at the conclusion of the speech three hearty cheers wen given for petersburg and her worthy and talented son there are il-w persons in virginia lo whom ihe whig parly is more indebted lhan mr s fie is always ready with tongue and pen and with either weapon never fails to do gallanl service — richmond whig latest from texas the steam ship portland capt place arrived yesterday afternoon from galves ton having sailed thence on the 23d inst the most interesting news hy this arri val concern the murders and depredations l>y the indians from the austin demo crat extra ofthe 14th instant we extract freely as might have been expected from the short-sighted policy of the general government in disbanding a large portion of the rangers on the frontier before sup plying their places with a sufficient force of some kind for our protection — the in dians have again commenced their villa nous outrages upon our citizens for some days past vague and indefinite re ports have been flying about of the ap pearance of parties of lhe savages in va rious quarters ; but nothing of a reliable character reached us until this moment the two following letters were received between 11 and 12 o'clock which are of themselves a sufficient commentary with out any remarks of ours to the hon g t wood governor of the stale of texas : you are respectfully informed that there | is a body of hostile indians down upon us who have killed one of our citizens to wit our chief justice g w barnett ; and have killed four citizens of de witt county ; to wit : john york and his sons in law and wounded several others — york at the head of twenty-seven men was whipped by about one hundred and fifty indians on or near the coletto in de yv itt county two indians were seen this evening within two and a half or three miles of our county seat supposed to be spies thirty-seven men left here day before yesterday to go to barnetfs not having learned of york's light but went in pursuit of the indians who killed bar nett on the sandys in this county we know not precisely how great a body of indians are west of the guadalupe but from circumstances we are of the belief that in addition to the above mentioned number that there is still a much larger body we have sent couriers to lag range lavacca seguin and austin to give the information and place the citi zens on the look out and thus perhaps spare the lives of some who might ven ture unarmed on the frontiers we ask that through you the war department may be made acquainted with ihe expos ed situation ofthe texas frontier and pro vide additional ranging companies along above the settlements wm ii stewart at the instance of a meeting oflhe citi zens of gonzales county october 12 1818 gonzales oct 12 1818 dear sir — i arrived here to-day on my way lo austin which place i do not now expect to reach for several days owing to the depredations ofthe indians the settlements on the sandys about twenty miles west of this have been broken up and dr burnet is supposed to have been killed col means arrived to-day from below and states that capt john york with thirty men encountered a band of ind i;t ns some one hundred strong on the coletto on the 19th inst which re sulted in the defeat of york's party — capt york his son and son-in-law mr bell are reported as dead and capt tom linson as badly wounded twelve miles east of this on peach creek it is reported the indians have stolen some horses a small party has gone in that direction to ascertain the facts a company has also gone west in pursuit of the indians who killed dr burnet two small parties of indians have been near this place today about one hundred men have left this riv er but they are in detached parties and some fears are entertained that they met the indians in two great force to gain any advantage those who remained are without arms rendering it impracticable for any additional force to leave a company from austin might be of es sential service by crossing the country in this direction and if the indians are not met between the colorado and guadalupe they will in all probability be intercepted between this anil the san antonia two men named davis were killed a few days since on the clear fork of sau dv about twenty miles below this many reports are in circulation in ad dition to the foregoing yours respect fully clark lowen j b.shaw esq later from northern mi lico the matamoros flag ofthe 19th inst has la ler news from chihuahua saltillo mod clova and parras we extract all that is interesting mr henry love well known ns having proved himself a good and faithful soldier and one of the most trustworthy and fear less express riders on this line arrived at fort brown on the 4th inst chihuahua which place he left on lhe 7th septem ber our troops left on the 7th same day — col washington with bragg's battery and company ii d dragoons for santa fe — major graham with four companies of dragoons took the southern route pass ing the copper mines through the state ol senora to california the troops were all in good health and fine spirits and were getting along well corn through out the entire route is very scarce selling at eight dollars the fanega being at least four times the usual price horses mules and cattle are scarce occasioned by the ravages ofthe indians apaches who are continually committing depredations and making inroads upon the settlements — the ranchos and haciendas thought that country have heen abandoned the inhab itants congregated in the larger towns for safety this side of parras mr love was detained for 24 hours at a rancho being surrounded by a band of camanche in dians who after stealing a lot of horses and mules and wounding several mexi cans finally retired mr love in com pany with mr sherman came across a party of apache indians in the desert known as the travesia about eight o'clock on a dark night they hailed these in dians supposing them to be mexicans and were in turn saluted with a shower of ar j rows they returned the fire and re treated on the same road a short distance then by taking the mountains they avoid ed the indians during the next day but on returning to the road the indians took their trail and followed them to an arroyo or ravine swelled by recent rains and of difficult passage here they made a stand and when the indians arrived within reach of their rifles fired upon them kill ing their chief whom they saw fall ; they then dashed across the arroyo in cross ing mr sherman's horse which had been wounded by the indians lhe night before and being two weak from loss of blood to stem the current was instantly swept from under him and was washed over a fall of about sventy feet mr love threw his lariat over mr sherman and brought him safely to the shore mr love who has made several excursions on this route as also others states that he has uniformly met with kind and hospitable treatment from the higher classes of the inhabitants there are seven or eight hundred regular mexican troops in chihuahua col washington gave a splendid review at cbihua it was attended by an immense concourse — the review ground was sur rounded by carriages filled with ladies — governor trias in return gave a dinner to col washington and ail the american officers much good feeling was exhibi ted and the utmost harmony prevailed throughout ei hereldo of saltillo relates the as sassination of one don francisco porras a lieutenant in the old company of bejar who has heen murdered in a rancho near guilota by a man who occupied a house in that rancho and who had been a friend and comrade of the victim the mur derer had an accomplice lo perpelrate the horrid deed which was discovered by the owner of the rancho whose suspicions were excited by the pains the murderers were taking to heap with dry sand the spot where the body of porras was hur ried the body having been dugout it was found that lhe skull had been frac tured by blows inflicted with clubs the herald says the authorities were diligent ly pushing the trial of the murderers and adds that in the same week the bodies of four persons murdered in the neighbor hood had heen carried to that place a meeting of delegates from the neigh boring towns has been recently held in menclova to devise sufficient means of defence against the indians and also to carry against them in their own strong holds aggressive war which alone it is deemed will put a stop to their hostile in cursions the government of coahuila has appropriated a sum of 8300 for the purpose ; but that sum being deemed in sufiicint by the meeting additional funds are to be collected from contributors — the organization of a force to consist of 800 men well mounted and armed is con templated a letter from parras mentioned in the herald of saltillo says that a gang of thirteen robbers under lhe disguise of in dians had been attacked in the vicinity of aguachila,by the inhabitants of that place and that three ofthe band were killed and several wounded the way to get rich the onlv way by which capital can increase is by saving if yon spend as much as yon get you will never he richer than you are ' tis not what a man gets bui what he saves that constitutes his wealth go learn the first two rules of arithmetic — learn addition and subtrac lion add to your present capita any amount vou please — subslracl the sum which you add and tell me if the last amount will not be the same as the first every roerchanl should in e?ery year of his life make some addition to his capital you say yon get hut little and then next year you will get more for yon will have the profit upon the sum you save there is no royal road lo wealth anv more lhan to geometry the man who goes ou spending all he aet ind expects that by some lucky hit he shall lie raised to wealth will most likely sink into poverty — or into cases ot adverse fortune he has then no resource ; whereas by economy he may lay by a stock ihat may serve as a pro vision in case of adversity a man says that lhe times are had — the seasons are had — tbe laws are had be il so hut were lhe case reversed it would make no difference to you — look at home : you spend more than you get ; how can you be otherwise than poor flow many a respectable family have fallen from a high station which they worthily and honora bly filled because neither the gentleman nor the lady had been familiar with the first four rules of arithmetic had ihey known how to compare iheir receipts wiih their expenditure and to see which preponderates al their diffi culties might have heen avoided a very small acquaintance with the principles of commerce is sufficient to leach lhal if a man spends every year more than he receives he will necessa rily fall into poverty hiincs merchant magazine from the liverpool times of october 14 the cholera in ireland we regret to state that the scourge which during the last few months has desolated the eastern parts of europe spreading its ravages from cairo to st petershurgh and lingering within these few weeks at hamburgh has at length as anticipated reached the shores of great britain it is now officially declared by the register-general that the asiatic cho lera has appeared in the metropolis and well authenticated cases of the malady are reported from sunderland shields hull and edinburgh the disease made its appearance almost contemporaneously in sunderland and in the low-lying dis tricts below london rridge in both pla ces the first cases were those of intemper ate sailors who came from hamburgh and were attacked by the malady on the voyage as regards edinburgh the ori gin of the disease is left in doubt the official report ofthe register-gen eral in london reported thirteen cases up to saturday last in edinburgh up to the latest report there had been twenty-five cases twenty of which had proved fatal up to wednesday in the present week the number of cases in london is alleged to be about twenty but a daily ollicial re port is not yet issued the authorities in all parts of the country seem to he taking the most zealous precautions to counter act prevent and remedy this dreadful malady which we earnestly hope will make but a brief visit to our shores the alarm is greatly diminished respecting its destructive effects amongst the great body of the people ; and we trust with the ex tensive arrangements made to check its progress that lhe limits of its mortality will be confined to the seaport towns and that the great manufacturing hives of in dustry will be spared this frightful addi tion to the many sufferings they have late ly experienced the insurrection at vienna the german mail has brought tidings of another insurrection and revolution in vienna which has terminated like the first in the defeat of the military and the flight of the emperor the signal for the present uprising was given by the at tempts of the government or the war minister to remove from the capital cer tain regiments which had shown sympa thy with the popular party the people prevented thedepartureof these regiments which finally joined them and for the first time in the revolutionary events of ger many a body of soldiers were found on the side of insurrection the minister of war count latour has shared the fate of count lamherg and the two zichys ; and vienna was in the possession of the insurgents on the 7lh the honors that have been conferred on the ban have been revoked and it is now to be seen whether he will act up to his asserted in tentions — to replace the emperor firmly on his throne his army is nearer vien na than pesth vienna october 7 — two battalions of grenadiers had received marching ord-rs for hungary : a portion of the men refus ed to obey they were therefore escort ed by a regiment of cuirassiers as they approached the bridges over the danube they were received by armed peasantry who prevented them irom proceeding fur ther fraternized with them and commen ced demolishing the bridges the nation al guard arrived and sided with the mili tary the cuirassiers who could not re cross the bridge were obliged io retire a fight soon ensued between the grena diers national guard and the people on the one side and a battalion of fusitiers of the polish regiment of nassau on the other supported by troops recently arriv ed from prague the struggle lasted till mid day in the leopoldsladt and then spread to the city where a division of na tional guards fought against the students and the country people between the hours of four and five in the afternoon the ministry of war which was only guarded by thirty men was stormed and ransacked and the minister of war count latour murdered in the most barbarous manner by stabs in the body and blows of a sledge hammer or axe on the head and then hanged on a lamp-post in the court-yard the arsenal was defended during the night by the mil itary and a body of the national guard but fell into the hands ol the people to wards morning who immediately armed themselves tlie report of cannon and musketry continued all yesterday and du ring the whole of the night ; the alarm bells in the city and surrounding villages never ceased ringing the murderers of count latour declar ed that they would serve all those who shared his views in the same manner the ministry is dissolved ; the minister of justice is said to have been seized whilst attempting to leave the citv and is locked up in the aula the other minister with the exception of dobblhoff and llornbost ly have secreted themselves all the military have left the city and the fighting has ceased the diet declared itself in permanency and a deputation was sent to the empe ror at schonbrunn demanding a popular ministry and the revocation of the decree appointing the ban royal commissary of hungary this morning at 8 o'clock the whole im perial family left the schonbrunn in the direction of lintz all the troops on du ty at schonbrunn have followed them — the castle at schonbrunn is unguarded various proclamations were issued du ring the day in the name ofthe diet deputy senerzer by one is appointed pro tempore commander-in-chief of the national guard a second decree signed by the franz smolka yice president of the diet an nounces that measures had been taken to clear the town of the military and to de clare a general amnesty for all persons concerned iu the insurrection we learn that in the insurrection 150 persons were killed whilst the wounded were 400 or 600 in number mr morrill's account of his last balloon ascension at new york a description of a few of ihe principal events of my atrial tour may not be altogether uninter esting lo the public besides the publication will serve to re-assure my friends at a distance in regard to my personal safely i severed the rope that connected my aerial car and vessel with the earth al 5(1 minute lie fore live o'clock p m and ascended moderate ly it being almost a calm towards the south west my progress in passing over the city was very slow and in consequence the usual view oflhe aeronaut was prolonged indeed for several minutes after i had arisen in the dis lance of about a half a mile ihere appeared not to be lhe least progression forward ofthe hal loon the principal streets buildings and parks could be accurately raced out and were all seen at one view from lhe battery to the upper part oflhe city and from the north lo the east kiv ers the surrounding city and villages many miles in the country were also visible at lhe same moment as 1 rose higher and passed over the wes ! tern extremity of long island i appeared to be taking an easterly course ; i afterwards struck a current that moved me slowly towards the jersey shore i had now attained my greatest altitude olt rockaway 20 miles from new york and formed the project of crossin the sea to sandy hook or squam beach a distance of about 15 miles the view at this lime though distant was intensely interesting ; long island a;id through its whole extent appeared to lie four or five miles long lhe broad ex pause of ocean was before roe and lhe ci'.ies and country had become very diminutive iu ap pearance considering ihat i should not be able to land from that height for some lime and as it was near sunset 1 determined to approach nearer the earth i therefore opened lhe valve and al lowed a sufficient quantity of gas to escape lo secure a desce ding motion i had descended less than hull a mile when to my astonishment i found thai my course was no longer towards sandy hook but directly towards ihe broad at lantic ocean i discharged ballast and again ascended in hopes of finding a current thai would again carry tne towards llie shore ; bui to no purpose my position was a critical one but i thought my chances of safely were in favor of dropping into the water and running the risk of being picked up as i came down i saw lhe light ship about five miles to mv right facing the ocean and a schooner up towards the harbor i was being rapidly carried out to sea i thought tit to descend as fast as possible ; when i struck the water a little after sun-set in a standing posture i went down up to mv arms a flaw of wind at the same moment carried the balloon almost to the water t ti i u i : i ___ the car on its side and completely immersing me in water when lhe balloon again arigbted itself i stood knee deep and more in lhe water and although both my anchors were out i was carried away before the wind at the rate of about ten knots an hour i was at first in hopes that i might be seen hy some vessel which would come to my assis tance but as the curtains of night shrouded eve rvt hiti in darkness and nothing was to be seen but the distant sandy hook and light ship i began lo despair at every flaw of wind the balloon was carried ver on its side immersing me in water and letting out gass — 1 found myself gradually sinking inlo the water when i became necessary lo let my anchors go one after lhe other and then lo cut away tie cloth lining ofthe car and everything tbat could be spared i had been in the water more than an hour and a half and it now came up under mv arms ; the balloon lottered and threatened lo fall al together on lis side i was compietelj ch lied throu-'b and bad said my prayers for i lbe lasl lime when i l lugbt i heard ih lanl sound nf oars upon listening agai-b ■ was confident lhal i had been s*,,-n an l'iat assistance wa near though i could iee noth ing through the darkness it seems thai i ha been observed by the captain ofthe light ship a mr robert a pilot on board in drop into lhe water when a boat containing four men and the mate mr george w rich was dispiiched lo my assis lance they rowed s<-me ten mile before 7 were enabled 0 ,,„„,. d mini credit is due in 1 ft i 1 "" ieir humane and krenuous-fl ,, • ,• '" "-> fumt 11 savin me trom a watery grave 1 wm r °. lhe water and laken aboard b ,,„_,, * directed our course toward tbe si,i ul,lme we ar.ived about 9 o'clock i was received by the gentlemanly and hospitable captain mr.birt ling on board the ship where mv clothes were changed and i partook of his bountiful and well known hospitably till next morning when i left w'"h the j ,;„,, mr roberta who conducted me after changing info several boats in safety u be city where 1 arrived ihis tl.ur.dav even ing i wishthus publicly to express mv obligaiiot.s and lltanks lo these gentlemen ivlm inmi «.•,.. erous aud humane feelings alone rescued me irom my perilous situation my canvas was badly - rn by the outsider and mv balloon is much injured ; but i shall endeavor lo remedy these difficulties and make iy lasl ascension from this citv about wednes day of ne\t week respectfully c morrill new oik oct 1 1-it furtbefl foreign new state trials in ireland verdict of guilty on obries an d mc m a n i s and s i : n te n c lu of death passed trial of mil smith o'brien the ver dict on the 7th the court set at nine o'clock and lhe lord chief justice proceeded with his charge at the conclusion of which about _ o'clock the jury retired to their room at 20 minutes past five their lotdships resumed their seats in the courthouse a profound silence lasting for a few minutes succeeded their entrance hut xvas soon broken by a slight rustling noise near the door of the jury room trom whence the jury entered headed by lhe foreman who held the issue paper in his hand the clerk having completed the calling of names asked in rather a nevous and indistinct tone manifestly sensible of tbe painful effect about to follow gentlemen have you agreed to your verdict v the foreman — ' yes clerk of the crown — how say you is william smith o'brien guilty or not guilty ?" after a considerable lapse of time the foreman in a low suppressed murmur pronounced guilty tears might ba seen and sobs heard in every part of the court mr o'brien alone maintained a com posed aspect and acknowledged the ver dict hy slightly inclining his head to the jury the foreman of the jury essayed to say something but his self possession seemed to lail him and he said in a harsh under tone lo the clerk of the crown ' mr fed der can't you read the rest v the clerk then read from tbe paper what follows : ' we earnestly recommend the prison er to the merciful consideration of the government the jury being unanimously of tin opinion thai for many reasons his lil should he spared the clerk oflhe crown then resumed his seat and for about live minutes an unbroken silence prevailed the eves of all being fixed on lbe calm self possessed countenance of the prisoner at length chiel justice blackburn said in a low voice ' adjourn the court to ten o'clock ou monday morning proclamation to this effect was made mr o'brien was then removed from the dock and the building was soon empty at a quarter pasl ten on monday morn ing the judges entered the court the courthouse irom an early hour was dense ly crowded in every put and great anx iety was visibly depicted on every coun tenance as it was rumored ihat mr smith o'brien was to he brought up lor judg ment the only gallery vacant was ihat in which the friends of mr smith o'lhiiu were accustomed to sit during the protrac ted trial that gallery was entirely emp ty and formed a melancholy contrast to the other portions of the court the attorney general entered the court about five minutes after the silting of the court all eyes were directed towards that learned functionary who said — my lords i have to move that in the case of her majesty against wm smith o'brien the prisoner he called up for judgment chief justice very well soon afterwards mr smith o'brien made his appearance in the dock his manly bearing his calmness composure and firmness as he stood in front ofthe dock went tho theme of observation throughout the court the chik of ihe crown was about to read over the indictment and to ask what the prisoner had to say why sentence of death and execution thereon should not he passed upon him when mr whiteside q c.said that ibis was the proper time to make application to tbe court for arrest of judgbmenr he pro ceeded to state the grounds of the appli cation and then to argue them mr fitz gerald follow i a ti»e same side as mr whiteside t;.e chief justice aftrr con suiting n't some minutes with ins hiotlu-r judges pronounced their lordships deci sion which was that the objections sla ted by the prisoner's councel could not be maintained the clerk of the crown then asked mr o'brien whal he bad to say why lhc len ience ofthe li should not be passed up on bim mr o'brien aid — my lords it is twit my intention to enter into any vindication of my conduct however much 1 might have desired to avail m st if of this op]k>r