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viz, that the demurrer thereto should be overruled would govern! the third, and the judgment on the second would govern the fourth. The fifth and sixth counts were essentially similar. The general demurrer was therefore overruled. Bargn Richards concurred. The Attorney-General then applied for summary judgment on the orisoner without going before the jury! The court said the law on that point was doubtful, and they were unwilling to act ina matter of such importance without consulting the twelve judges. ‘The crown law- vers wished for an adjournment that they might consi- der what was best to be done, and the court consented to adjourn to the following Thursday, January 11. The next day, at eleven o’clock Judge Perrin and Baron Richards entered the Commission Court, and having taken their seats on the bench, Mr. Duffy was placed at the bar.

The Attorney-General rose, and addressing the bench, said that there was some difficulty as to whether or not he should call upon the court to pronounce final judg- ment in this case. Tle would, tberefore, be glad to hear from the court the judgment that ought to be pro- nounced in accordance with the decision they had ar- rived at on the last day of sitting.

Judge Perrin said that before the court could pro- pounce judgment on the points referred to. on the re- cord, they (the judges) should, hear counsel as to what judgment should be given on the genera) demurrer,

Mr. Butt, Q. C. said that he, perhaps, would save the court the trouble of hearing the case argued. Ifthe court would permit him, he would withdraw the demur- rer, plead over, and be ready to go to trial without fur- ther delay, if the Attorney-Goneral. would enter a.nolle prosequi on counts declared by the court to be defective, and refrain from giving evidence on those counts at the trial.

The. Attorney-General sajd he was.quite taken by surprise by the proposal of the prisoner’s counsel. He had not had‘any notice of the intention of the prisoner to withdraw his demurrer, and; in that case, he could not consent to the motion of counsel on that question.

The court then ordered that counsel] should be pre- pared to argue the question as to what judgment should be pronounced upon the general demurrer, and for that purpese they (the judges) would: adjourn the ease until Saturday next (this day.)

The court was accordingly adjourned.

Judgment in the case of Mr. W. Smith O’Brien and

FHE EXAMINER.

FRANCE. Nothing of importance has occurred in France since our last. The President held a levee on New Year’s Day, the attendance at which was so numerous that he was obliged to receive his visitors im the gardens of his official residence. The great distress of the French people, and the omission on the part of Government of any plan for relieving that distress, appear to be acting injuriously for the popularity of the new President.

Tue Pavace or tHe Frencn Presipent.—The palace of the Elysee Bourbon, where the President is to reside, was built in 1718, and was then called the Hote} d’Evreux. Mme. de Pompadour purchased it from the Evreux family, and kept possession of it till her death, in 1764. It then became the property of the financier Banjon, who sold it in 1786 to Louis XVI. It next became the property of the republic, but it was not turned to.any use. Underthe Empire, Murat purchased it; and at the second restoration the state seized on it, without paying attention to the claims of Murat’s family. ‘The law which, after 1830, fixed the civil list of Louis Plitippe, had appropriated the Elysee Bourbon as the residence of Queen Amelia, in case she should survive her husband. This. palace was the last place inhabited by Napoleon, before he took his departure in 1815; it was there he alighted in June 21, after the battle of| Waterloo ; and it was there he signed his abdication in favour of the King of Rome.—Gatienant1.

ITALY.

The Pope is still in Gaeta, and even his greatest friends are beginning to lose hope of hia returning to Rome. The last accounts left him preparing to cele- brate the Christmas solemnities with great pomp, and for this purpose he had sent to Rome for his vestments. The Roman Ministry have been formed, and have re- solved to present a project ef: law to the Chambers for the speedy convocation of a Constituent Assembly. Austria is reported to have declined being a party to the projected Congress at Brussels on the affairs of Italy. She contemplates no appeal but to the sword. An official despatch of Windischgratz announces the voluntary surrender of the town of Raab to the imperial forces.

The following is the protest of the Pope, made at Gaeta on the 17th. ult., against the creation of a Junta at Rome :—.

“ Raised by divine. dispensation, in a manner almost

others in error v the Queen, will not be pronounced by the Court of Queen’s Bench unti¥ Tuesday next.

The estate of Lord Giengall,in the counties Tippera- ry and Waterford, wi!) be brought-to the hammer on the 29th instant by the. trustees,

Mr. Smith O’Brien has recently sent.a most beauti- ful prayer-book to the wife of Mr. John O'Connell, of Ballingarry, in token of the fidelity of her hushand.— The book was richly ornamented.

The Limerick Reporter contains the following :— “ We are informed, on good: authority, that so extreme is the destitution of most.exemplary . parish priests, ia. the diocese of Kerry, that several of them would: be compelled to abandon their parishes altogether, were it not for the assistance afforded by the bishop fram his own scanty resources.”

The last number of the Londonderry Journal contains the following :—* It is with feelings of no ordinary pain that we have to.announce that the cholera has made its appearance in, our. workhouse. Only one, case there. occurred, but it was a very decided, and, it is to be fear- ed, will prove a fatal one, the patient being a young man of twenty-two years of age, who had been previous- ly healthy, and in the house for eighteen months. We, have heard of two fatal. cases having occurred in the auburbs on this side of the river, but all that we can con- tidently assert of them is, that in each the disease ter- minated suddenly.”

miraculous, in spite of our unworthiness, to the Sove- reign Pontificate, one of our first cares was to endea- vour to establish a union between the subjects of the temporal State of the Church, to make peace between families, to do them good in all ways, and, as far as depended upon us to render the state peaceable and ‘flourishing. But the benefits which we did all in our power to heap upon our subjects, the wide-founded in- stitutions. which we have granted to their desires, far, as we mugt in all candour declare, from inspiring that ac- knowledgment and gratitude which we had every right to expect, have occasioned to our. heart only reiterated -pain and bitterness, caused by those ungrateful men ; whom our parental eye wished to see daily diminishing jin number, All the world can now tell how our benefits have been answered, what abuse has been made of our concessions ; how, by denaturalising them, and pervert- ing the meaning of our words, they have sought to mis- ead. the multitude, so that these very benefits and institutions have been turned by certain men into arms, with which they have committed the most violent out- rages upon our sovereign authority, and against the temporal rights of the Holy See. Our heart refuses to repeat in detail the events which have taken place since Noy. 15, the day on which a minister who had our confi- dence was.barbarously murdered by the hand of an as-

OTS PTL IE INS STS SS SE? ES Ee

of the acts of sacrilegious violence of which we haye spoken to return into the path of duty, have urged them to make still greater attempts. Arrogating to them- selves the rights of sovereignty, which belong only to us, they have, by means of two Councils, instituted in the capital an illegitemate governmental representa- tion, under the title of Provisional Supreme Junta of the State, which they have published by an act dated the 12th of the present month. ‘The duty of our sovereign- ty, in which we cannot fail, the solemn oaths by which we have, in the presence of God, promised to preserve the patrimony of the Holy See, and to transmit it in all its integrity to our successors, obliges us to raise our voice solemnly, and protest, before God and in the face of the whole universe, against this grand and ea- erilegious attempt. Therefore we declare to be nul! andof no force or effect in law the acts which have followed the violence committed upon us, protesting, s- bove all, that thie Junta of State, established at Rome, is a usurpation of our sovereign powers, and thatthe said Junto has not and cannot have any anthority. Be it known, then to all our subjects, whatever be their rank or condition, that at Rome, and throughout the whole extent of the Pontifical States, there is not, and cannot be, any legitimate power which does not ema- nate expressly from us; that we have, by the sove- reiegn motu-proprio, of the 27th of November, instite- ted a temporary commission of Government, and that to it belongs exclusively the government of the nation during our absence and until we ourselves shal! have

otherwise ordained. , A

INDIA.

The Indian intelligence, with dates from Bombay te the 3rd December, indicates that Lord Gough would have some sharp work to perform before the Punjaub is annexed to the British crown, which it seems, beyond e doubt, has been predetermined. His lordship, having crossed the Ravee at the head of 2000 men with sevent pieces of artillery, reached Ramnegur on the Chenau on the 2ist November, in quest of theenemy. It seems doubtful where Chuttur Singh is stationed, but he ia. said to be near Peshawur. The troops at that station , had mutinied, and Major Lawrence, at the imminent’ danger of his life, made his escape, and is now at Kohat It is fortunate that the troops at Attock remained faith- ful, and Capt. Abbot maintained his position in the Hazareh. There can be no doubt whatever that the rebellion was of the most extensive character, but as far as we ean judge, the insurgent chiefs had organised no combined scheme of action, and Lord Gough being now at the seat of action, it scems scarcely possible for Chuttur Singh and his confederates to accomplish their designs, whatever they may be. At Moultan there haé been some sharp skirmishing, our troops having suffered severely from the batteries of the enemy, and one sepoy regiment having further gone over to Moolraj, leaving the British officers ina most critical position, it was determined to make an attack npon the outworks erect- ed ; and after a most gallant hand’ to hand fight, when the British columns moved up to the rescue, the enemy was beaten at all points, the guns captured, and.the glory of ourarms amply vindicated. The enemy is sup- posed to have lost five hundred to one thousand men in all. Major Edwards’ gallant conduct seems still be- yond all praise. Since this encounter the siege of Moul!tan has remained in statu quo: it is not supposed that Moolraj will yield until a sufficient force is brought before Moultan so as to batter the place about his ears. Long before this a decisive action will have beer fought in the northern districts of the Punjaub, wher- ever the enemy may have given battle. ‘The Governor- General had nearly reached Umballah on the 23rd November. The next arrival will probably bring wus the news of the exact position of Chuttur Singh, and

sassin, applauded with a still greater barbarity by a troop of infuriated enemies to God, to man, and to every | just political institution. The first crime opened the!

Distress 1x Mayo.—That distress must exist to a’ very alarming degree in this country, is apparent from! the following fact. A poor weaver, an inhabitant of| Ballinrobe, was obliged, some short time since, to travel |

to this town in search of employment. He applied at! the factory of the Ballina and Ardnaree Industrial Com-| mittee for a job, and was fortunate enough to get. the materials necessary for a webofJinen. With these.he returned home, and after the lapse of some days, again made his appearance at the Factory with the web. For this piece of work he received a few shillings, about seven or eight we believe, and in order to obtain that smail sum he had to travel, at least, fifty Irish miles! And yet the poor man felt bappy at being relieved even in that trifling way by the conductor of the Factory. Ifthe distress of this unfortunate creature were not most intense, he certainly would not. have: travelled auch.a long distance in search of merely. temporary.as- sistance. This wretched man may be considered a type of the class to which he belongs, and, from view- ing his case, we may picture to ourselves the extent of the poverty by which his brethren are afflicted.— Balli- na Mayo Intelligencer.

Rareat Association.—John O'Connell, Fisq., M.P., gaa. forwarded .five guineas, his renewed subscription to

‘reduced to weep over and deplore with good men those

way to a series of crimes committed the following day| with sacrilegious audacity. ‘They have already incurred | the execration of every upright mind in our State, in| ftaly, and in Europe; they have incurred execration in all parts of the earth. This. is the reason why we can spare our heart the intense pain of recapitulating them |

|here, We were constrained to. withdraw from the!

place in which they were committed, from that place!

where violence prevented us from applying any remedy, | sad. events, and the still more lamentable want of power, in justice to. act against the perpetrators of these abo-| minabdle crimes. Providence has conducted us to this) town of Gaeta, where, finding ourselves at full liberty. we have, against the authors of the aforesaid attempts, and .acts of violence, solemnly renewed the protests. which we issued at Reme atthe first moment, in the| presence of the, representatives accredited to us| of the Courts cf Europe, and of other and distant! nations. By the same act, without in any manner de-| parting from the instjtutions we had created, we took! care to give temporarily tg our States a legitimate! governmental representation, in order that, in the capi-| tal-and throughout the States, provision should be made! for the regular and ordinary course of public affairs, as!

well as for the protection of the persons and property of |

‘

ibe Hepeal Asgogiation for 1549.— Freeman,

our subjects. By us, moreover, has been prorogued,

by that time the various columns of troops now advancing | to head-quarters wil] have arrived at their destination, and the opening of the campaign will. be sharp, short, and decisive. The troops altogether in the field are already 42,060 men, and will probably amount to 50,000 men when they are all collected. With this force there can be no doubt of the ultimate issue of the war, and the confederacy of the. Sikh chief being once broken, care rust be taken to prevent a recurrence of this more than Asiatic perfidy : the doabs of the Punjaub must henceforth be. governed by British authority.

‘Trade seems in a satisfactory state: our commercis!

repart will furnish the latest intelligence of the state of the markets.— European Times.

——

rr? The “Tames” new Paintrive Macuiste.— I us Times, in a long leading article, gives a description ot

'anew printing machine, which has been for the past

two months in use in that office, whereby the extraor- dinary number of 140 copies can be thrown off in a minute. It is a machine having eight cylinders, Hitherto, the vate at which it bas been worked is about 1000 revolutions per hour, or 8000 1umpressions ; but it is probable that it will be ultimately worked to 12,000 copies an hour, The name of the gentleman who con-

structed this wonderful piece of mechanism: ie Mr. Augustus Applegarth of Dartford.

‘Tue “ Dany News.”—It is said that Mr. Bright, M. P., and two or three other person’, have bought the

Rerzat Mewpgasure.—John Reynolds, Rsq., M.P. ithe session of the High Council and Council of Depu-, Daily News. Mr. Geerge Wilson, the Chairman of the

. a ities, Ww ir i i * is to be manager in con : . sha forwarded five guineas, his renewed subscription to | EB, who had recently been called to resume their inter- | ate Anti Corn Law League, 1s to edit “ny : ve ae . rupted sittings. But these determinations of our autho- Junetiou with Mr Dilcke, the present editor. ie pap Wee Wty, instead of causing the perturbators and the authors i to be made the ful] size of the London morning jour.

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