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‘of their capture, and who had been, with a good ae at present to justify any degree of alarm.

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TO THE EDITOR OF THE EXAMINER. Sir,

The independence arfd fearlessness which von have on all occasions exercised in exposing fraud ond op- pression, induce me to crave an insertion of the state- ment of transactions under the cloak of justico, so that the Public may have an idea of the administration of the laws in this section of the Island,* and having been a witness to some of the proceedings of the case, | am enabled to give the facts connected with the same, with- out fear of contradiction.

Early in September last a number of persons, acting in concert with R. D., a Sheep Reeve, had taken and seized several Rams going at large contrary to law, and confined them ina honse ‘belonging to one of the party ; and as the same persons had made considerable gains in former years by pursuing the same calling, it is evident, that another plan was preconcerted by them this year, in order to make their vocation as lucrative as possible, as the proceedings taken by them will indicate. These officials, instead of notifying the owners of the seizure of their rams—kept the affair a matter of the greatest secrecy, and by that means precluded them from regaining their property on paying the fine; and although one of the owners resided within a few chains distance, no intimation had been given him, until the time prescribed by law for redeeming the ram had ex-

ired. Notices of the sale of these rams were posted up in the neighbourhood, but the time limited by law for re- deeming them having expired, no one went to see them, save one individual, who had learned from the notices

of reluctance on the part of those having the charge o theni, admitted to see them. ‘This was the only disin- terested person who saw the rams during their capti- vity.

On the morning the sale was to take place, a number of persons attended ; some with the intention of bidding, and others to see iframs, missing by them, were among the number to be sold, but to their disappointment the rams were not forthcoming, the Party who had charge of them alleging that they were stolen during the night.

But the affair was not designed to end here—-neither were the owners of the rams designed to pass with the loss of the rams alone. A summons under the hand and seal of D. K., Esq. J. P. was the next day served on J.S.,.citing him to appear before him, to answer R.

THE EXAMINER.

eee A NN hE thant ee etal stance

CHG MALIA,

MONDAY, NOVEMBER 6, 1848.

——— :

Third

On Saturday evening the English Mait—furnishing

7

English Mail for October.

bernia—treached Charlottetown. We have space to in- sert only a short summary of the news,

Domestic politics in England, says Willmer & Smith, are ina complete state of abeyance. The Court has returned from the Isle of Wight to Windsor Castle.

THE CHOLERA.

The alarm which was at first created in England by the appearance of the cholera on its shores has sensibly abated. ‘I'he Registrar-General of London has reported thirty additional cases only up to Saturday the 1th ult; but, on the other hand, the general health of London is better this year than in ordinary years, only 991 deaths having been recorded last week within the biils of mor- tality, against 1154, upon an average of five years, On- ly one case has been reported at Birmingham, and Man- chester and Liverpool have entirely escaped the pesti- lence.. Inthe city of Edinburgh the ravages of the disease seem to have been rather more extensive than in any other place, while the port of Leith has compara- ‘tively escaped. When the whole subject, indeed, is regarded in a national point of view, there is nothing

STATE OF TRADE,

The general state of trade and commerce during the past week has been quiet. In the Produce markets, both foreign and colonial, there has been considerable langour. Importers have supplied the market rather freely with most descriptions of goods, and although reduced rates are accepted, buyers act with extreme caution. ‘here is more inquiry fur money, but the rate of discount camnot be quoted lower.

/ADDRESSES TO THE LORD-LIEUTENANT IN FAVOR OF MR. W.S. O’BRIEN.—CONVICTION OF MR. P. O’DONOGHUE.—TRIAL OF MR. T. F. MEAGHER.

D., the Plaintiff, “in an action of fifteen Shillings for having aram going at large, contrary to law.” This citation, however, was of some benefit to the defendant, forit officially conveyed to him mformation of the ram that his sons could not find during the preceding week, becatise they did not discover the secret place.

The magisterial mandate was, of course, obeyed, and the defendant met his prosecutors before the tribunal of justice. The first day had passed without recording judgment, and the trial was postponed to another day, when the worthy Judge pronounced the defendant liable tothe payment of the fine, together with costs of the suit—amounting in all to about £3. which the defend- ant has declined paying on the ground of the trial being :ilegal.

Having now, Mr. Editor, given a plain statement of

the leatiing facts of the case, I beg te adda few words by way of comment on the subject. The part acted by those who took the rams and concealed them, and after- wards sued for the fine, cannot be justitied by any person of upright intentions or pure motives: they have de- prived the owners of their rams, asserting that they were stolen from them, but when it is considered that the place where they were secreted, is a spot far from being renowned in past times for the safety it has afford- ed ‘to property, but, on the contrary, @ part of the dis- trict notorious for the midnight dastard’s deeds, a suspicion that they were not taken far away, is Justifia~ ble, Injurious as a faction may prove to the interests of a community, or an individaal, the injury 1s increas- ed by an officer of justice heading in an official capa- city that faction; this was the case In the proceedings described, and had not the defendant sagacity enough to discern the deception practised against him, a consi- derable sum would-have been extorted from him, under the name of Justice, after having been deprived of a valuable ram. The owners of the other Rams taken and concealed at the same time, were more fortunate in escaping the ordeal of. trial, the prosecutors having

. san fal delayed sunmoning till they would see (as they Said) 1°) they would gain on one at first. Being sensible of

having too much intraded on your attention and space,

aud leaving the matter to you and the Public to judge, von (Uhursday), at which time Mr. Whiteside had|

[ remain, Sir, — Your obedient Servant,

JOHN STEWART, Teacher. Lot 51, Three Rivers, Oct. 17th, 1842.

*i'he Act 4 W.4 cap. 5, empowers 2 Sheep Reeve to take and seize all rams going at large between the 15th of August andthe t0th of December, and if no owner can be found to claim aram so taken within three days from the seizure there- of. the ram is to be sold and the proceeds allowed to the reeve ; but the act does not authorize a Justice of the Peace to sum- anon a pefson tor having a ram going at large.

Nor THe Oxcy One or roe Sort.—A chap away

T he anxiety testified by all ranks and parties in Tre- land in stepping forward to second the recommendation jof the jury of Clonmel, to spare the life of Mr. Smith |O’Brien, reflects great credit on theirhumanity. We ‘think, perbaps, that the other convicted men, who are not allied by rank and lineage to the great aristocracy of freland, might have also received some little consi- ‘deration at the hands of the memorialists.

The demeanour of M‘Manus during his trial, the for- titude, ifnot heroism, which he has displayed through-

| |

‘out the severe ordeal he has undergone, might we think, have elicited some more zealous interest in his behalf.

The Lord-Lieutenant, in reply to the deputation of Ahe inhabitants of Dublin and its vicjnity on behalf of Mr. O’Brien, courteously declined to give any direct answer to the memorial “beyond the asstrance that full weight would be given to the recommendation of ithe highly respectable jury which tried him.” ‘The

|

lives of the prisoners now stand as hostages for the i

future peace ofthe country: and we earnestly hope that

}

‘no untoward event will: supervene, to counteract the

‘Queen’s Government, apparently entertain at the pre- ‘sent moment. We may add that the formalities for bringing a writ of error have all been complied with by ithe legal advisers of Mr, O’Brien; but the official privi- ‘lege of granting or refusing the certificate. with which ithe Attorney General is invested, will not be exercised ‘by that officer until after his return to Dublin. It is isnggested, with apparent probability, that the Attorney |General will not disclose his intentions until he has ‘conferred upon the subject with the heads of the Go- vernment,

| Farther reports of the Clonmel trials show that Mr. |P. O’Donoghue, after some hours deliberation, has been

found ghilty, and a recommendation of mercy accorded, ‘in consequence of his having withdrawn and discon- ‘nected himself from his associates previous fo the at- tack on Farrinrory.

| The trial of Thomas Francis Meagher commenced on Monday the 16th uit., and was likely to occupy the ‘whole.of that week. ‘The latest date from Clonmel to

‘Liverpool, previous to the Steamer leaving, is the

commenced his defence for the prisoner. Great inter- est is excited by the trial.

The Dublin Commission was to open on Saturday the \2st, at which Mr. Duffy of the ‘ Nation” and Messrs. | Williams and O’Doherty, of the ‘Irish Tribune, were

.to be put upon their trial for Felony. i =

FOREIGN EUROPEAN NEWS. | Averrra.--The stupendous events which are pass- ‘ing in the neighbourhood of Vienna and in the Austrian empire, have kept all Europe in alarm and amazement |during the week. Our readers have been apprized of ithe progress of the war between the Hungarians and

down east, whoserved four days on a jury, Says he is so'the Croatians; a war not of principles, but of race

full of law that it’s hard work for him to keep from ehneating som >*hody.-—Beston Liberator.

against race: and last week we were enabled to an-

/nounce the breeking out of the insurrection in Vienna,!

dates to the 2ist ult. and brought by the Steamship Hi-|

merciful feelings which the Lord-Lieutenant, and the}

83

the flight of the Emperor, and the ascendancy of the insurgent party on the 7th and 8th ult—full particulars of which are given in another page of this day’s Era- miner, At this juncture, Jellachich, at the head of a numerous army of Croatians, was advancing towards Bada-Pesth, with the view to suppress the insurrec- tionary proceedings in Hungary, when the intelligence of the revolution of Vienua reached him. He instantly turned his columns in the direction of Vienna, and ad- vanced with rapid strides towards the capital. Auers- berg, the Emperor’s general, who had previously taken uphis military position at Belvidere, in the suburbs of Vienna, had kept tue population in hourly alarm of bom- bardment ; and during the 9th, 10th, 11th, and 12h ult. the inhabitrnts of Vienna have undergone all the terrors of a momentarily expected seige by the two armies.

The Emperor hss retired, not to Innspruck, but to Olmutz, in Moravia. He carries with him an effective force, and from that point he will be able to rouse the countless thousands of Sclavonians who are ready to carry on an internecine war against their German fel- low-subjects. It is plain, from the elements we have described, that a civil war, more frightful than any ever recorded in history, seems upon the point of bursting forth. The French hold aloof and do not move, well knowing that Russia stands ready with an army of 200.- 000 men, upon the confines of Poland, to throw the whole weight of her power in the scale of§he Emperor and in support of the Sclavonié quarrel,

Iraty.—In Italy these events are producing serious results. The Hungarian soldiers at Milan have de- manded Jeave to withdraw to their own country, and the position of Radetsky appears perilous. If Charlies A! bert should seize the present favourable moment to cross the Ticino, he may drive the Austrians out of Lombardy faster than he was lately expelled himself. The present events may speedily change the whole face of Europe,

Spain.—In Spain there has been some trifling war- fare in the Catalonian provinces, but nothing of a deci- sive character, There is no particular news from Por- tugal.

TO CORRESPONDENTS.

We have received a communication from a corres- pondent at Indian River, relating to a charge of perjury preferred against him by a certain Reverend Gentleman of the Established Church, and accompanied Ly a withdrawal of the same charge by the same Reverend Gentlemen. This communication is likewise accompa - nied by a rsquest to have it published three times as an advertisement in The Examiner. Now, we beg to say we are not so badly off for an advertisement that we should lend ourselves to a matter of this description— and we accordingly decline publishing the communica- tion for these reasons: That the accusation being pri- vate, the retractation also private, no injury could have been inflicted on the party accused: that an action has been commenced, as we understand, by the accused against the accuser; and as the former has thus looked to the Supreme Court for a vindication of his character, we-cannot perceive thathe has any claimon the prema- ture interference of the Press. We have rio acquaint- ance with either of the parties concerned in this busi- ness, but we may take this opportunity to remind them, and through them the public generally, that a public journal should not be expected to become the chroni- cler of the disputes, bickerings and accusations which may and do arise every day inthe year between pri- vate individuals, unless such disputes and accusations are known or believed to affect the public welfare.

We have fieard it rumoured that His Excellency the Lieutenant Governor has transmitted to the Secretary of State for the Colonies The Examiner of the 16th ult., with the view of eliciting his Lordsip’s opinion on the editoria] remarks in reference to the Irish State Trials. We cannot help thinking that Madam Rumour has in- vented for once a very silly falsehood, for, by such an act His Exce!lency would seem to doubt the ability of his Law advisers to determine whether the remarks in question demanded the serious attention of Government. {f we thought any reliance could be placed on the ru- mour above referred to, we would recommend His Ex- cellency to forward The Examiner of the 30th ult, containing an explanation of the obnoxious editorial.

Scarcity at THE Noxtn Cape.—A paper called the Western Canadian notices a Jetter from Mr. ‘Thomas LeMarquhand, dated Cascumpec, P. E. Island, Oth Sept. and addressed to a Mr. Jacques Blanchord, which states that the Grain crops along all the North side of the Island have been destroyed ty rust, and the Potatoe crop by the prevailing disease. The ivhebitame being in consequence exposed to great suffering, re- quest that vessels coming down to the Island fer Oy would bring flour in payment.

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