The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1869-05-08 00:00:00

their live. for their country, ought to be remembered and
respected as good Catholics sad good patriots. (Cheers),
asst this moment in the country a young Prince et

-Ttiere

the ingfieh nation.
'A Voice—He be—
" Another Voice—No he's welcome.
'The Mayor continued to say that when that noble Irish-
man. O'Farrell, fired at the Prince in Auetralia, he wag im-
bued with as noble and patriotic feelings as Larkin, Allen,
and O'Brien were. (Great cheering and cries of 'He waa')
lie believed that O'Farrell would be as highly thought of as
any of the men who had sacrificed their lives for Ireland.
'Loud ghouls of 'bravo !) They all saw how a noble Pole
had tired at the Emperor of Ramis, because he thought that
the Emperor was trampling uimn the liberties of the people.
(Cheers) Well, O'Farrell, probably, was actuated by the
same noble impulses when he fired at the Prince. O'Farrell
was as noble an Irishman as the Pole, and as true to Ids
country, for each was impelled by the same sentiment to do
what they did. (Cheers ) The press of England had no
calumniated them, and the Orange press of Ireland had so
misrepresented them and their cause, that he would trample
on them if he could. (Applause.) He believed that England
would be able to crush them now tell times over. I Loud cries
of 'No, no.') That was his idea, but still he believed that
England, if she hail ttfty times the power at her back, must
give way. (Great cheering.) He could tell them why, too.
From the spread and influence of public opinion, he believed
Eng' ind would not be allowed to trample on the nights of
the Irish people. (Cheers.) been if she wished to do so,
she would not be allowed, lie believed the rights of this
country must be conceded. (Great cheering.)"
Your correspondent goes on to state that "the
guests of the evening" was next proposed by the
Mayor, who, after warmly eulogising Warren and
Costelloe, said "ha would not speak of them as he
did if he thought they had unlawfully come into
this country to throw grenades or to overthrow the
constituted authorities of the country." The Mayor
has since distinctly repudiated the worst sense put
upon the words alluding to O'Farrell and the
Prince; but, taking them as they stand in the full-
ness of their extiavagant folly or atrocity, bow is the
public prosecutor to fasten on them ? They do not fall
within the statute relating to words; they are too
vague to be treated as a specific incitement to
erime, and words must be strong enough to make
the speaker an accessory before the fact in order
to make them criminal under the common law.
Where there in no crime, there can be no acces-
sory. If any of the audience had hurried off to
emulate O'Farrell, there might have been a crime
to which the Mayor could be held accessory; but
nothing of the sort has occurred, or is likely to
occur, for the audience probably bore in mind that the
alleged nobility of his motives did riot save their hero
from being hanged, and the almost universal abhor-
rence of the deed is at once the answer and the antidote
to rant. It dues not affect the arg-iment, but, to clear
up a common error. I may aild that to attempt the life
of a member of the Royal family other than the Sove-
reign, the Queen's Consort, or the heir apparent, is a
capital felony, not treason.
The law delights in nice distinctions, and to say that
a man who has attempted the life of another was actu-
ated by the noblest motives is not exactly the same
thing as inciting to a repetition of the crime. Roman
Catholics of unimpeachable sanity and respectability
have highly eulogised the motives of Guy Fawkes and
his assoiiiates, but no one ever dreamt of prosecuting
them for inciting the lieges to blow up the Houses of
Parliament.
It will be a subject of general regret should it turn
out on inquiry that such an outrage on propriety, such
an insult to law and order, can be hazarded with im-
punity; and I am, therefore, not at all sorry to find
one high authority opposed to the conclusion at which
I have reluctantly arrived. Lord Cairns is reported
as having said on Friday last in the House of Lords ,
" The noble marquis (Clanricarde) who spoke just now ex-
pressed some doubt as to the proceedings that could be
taken. I entertain no doubt upon that point. If Her
Majesty's Government are in possession of the proper evi-
dence, the course, Ulla the only course, open to them is for
the Attorney-General for Ireland to file an ez officio infor-
mation in the Court of Queen's Bench."
It has been suggested that an information would lie
against the Mayor for malversation of office; but this
must be for some fault of omission or commission in
his official duties, and it was not in his official capacity
that he attended or spoke at the Fenian dinner, A
special statute (10 George 11., c. 34) was found ne-
cessary to displace the Provost of Edinburgh, who
was accused of neglect and misconduct in relation to the
famous Porteous riot.

The Mayor of Cork has published an explanation of
his extraordinary language respecting the assassin
O'Farrell; but, as the subject is exciting a good deal of
attention just now, we subjoin a fuller report of the
proceedings at the Improvement Committee of the
Corporation :
Mr. Lyons said Inc rose with feelings of regret to call atten-
tion to remarks that appeared in one of the newspapers as
having 'ellen from his worship the Mayor on Tuesday even
leg last. Ile thought it was due to the dignity of the corpora-
tion and their fellow-citizens, and to the dignity of the Mayor,
to ask him the Mayor( In public, and give hint an early op-
portunity to repudiate those sentiments, whi Ii certainly
ought not to conic from any menther of the council. or any
itizen or Christian. (Hear, hear.)
The Mayor As Mr. Lyons has put the question I will
answer it. lam not hound to answer it if I don't wish.
Hots ever, Mr. Lyons may have seen a letter of ndne in this
morning's paper, which, I think, ought to be satisfactory as
to any remarks I may have made the other night. I would
never advise, or in any way approve, of any acts of the kind
that Mr. Lyons gives toe credit for; but what 1,10 soy is
this—as I said the other night, and as I have right to say
still that Ido not approve of O'Farrell's act, ~or would any
man. (Hear, hear.) But I think O'Far,ll was actuated by
pure, high-minded, and honourable motives. (CI ies of
"Oh !" "Shame," and great disorder.) I was asked for my
opinion.
Mr. Dwyer: Ile was a mailman. (near, hear.)
The Slayer I dare say he war. Ido not want te question
whether lie was or not. I would not approve of shooting a
peasant or a prince in this country, I do not approve of mir-
ing human life. (Ilear hear!. one nation as against another
has a right, if she is powerful enough, to repel by force.
The Mayor, after some further observations, continued I
see in the House of Lords a question is to be asked by Lord
Lifford, and in the House of Csimmons by Mr. Peel Dawson.
Now, I ask what right has Lord Lilford to question any acts
of mine? Who is Lord Lifford ? I dare say he belongs to the
Orange party of Ireland, who hold the property of the Irish
people. (Question, question'. I would ask if he holds under
the Act of spoliation of the Irish nation? (Cries of "Order."
and confusion!. If my words are to be construed in the
way that they have been construed by Mr. Lyons, Cr by
Lord Lifford, or Mr. Peel Dawson, I say that they are quite
wrong, quite false and untrue, in construing thern as they
did. (Hear, hear,. But I will not deny to any countryman
of mine—l will not deity to the men who have been hanged
in Manchester, or to Barrett, who blew up Clerkensell, that
that they may be very sincere lovers of their country. (Cries
of "Oh," and interruption .
Mr. Nagle was glad the Mayor had given that explanation:
or, so far as he (Mr. Nagle; was concerned, he repudiated
and abominated the idea that anything to Ireland, or in the
history of Ireland, would ever justify the assassination of
one of
~the Royal Family. (Ilear, hear.

„
The Mayor Hear.
Mr. Naule : I say further, that the Queen herself, in her
personal character, lea model M virtue. (Hear.)
The Mayor Yes.
Mr. Nagle believed there was not one in the Council who
would sooner than the Mayor, if he saw the life of the Prince
threatened, protect him at the risk of his own life.
The Mayor : Yes: I would turn the pistol away.
Mr. Lyons said he had deemed it his duty to bring before
the Council the language of the Mayor on the occasion in
question. That language had been commented on by
the entire press of ilre4 Britain, and he (Mr. Lyons) at
forded the chief magistrate an opportunity of repudiating

._,
those sentiments.
The Mayor : You want me to stamp O'Farrell as a ruffian—
is that what you want me to do.
Mr Lyons: I do not want you to stamp O'Farrell as a
ruffian. . . . .. .. . ... . .... --
..

The Mayor repeated that he repudiated the act of O'Farrell,
but he had no doubt the man's motives were honourable.
(Oh, oh.)
Mr. Hawkes : Would you call a murderer au honourable
man?
Mr. Lyons: I must, as a citizen, state that I will not
act in any public body where the chairman of that
body says that a man like O'Farrell has any honourable
intentions.
The Mayor: May have.
Mr. P. O'Sullivan thought this was catechising the Mayor.
He had answered satisfactorily, and he believed every citizen
In Cork, of unbiassed mind, would think the same.
The Mayor It ought to be satisfactory to any right-
minded Irishman.
Mr. ()'Sullivan I move we consider the explanation satis-
factory.
Mr. Reardan observed that be could not arrive at any other
conclusion than that it was the absolute intention to open a
legal trap for the Mayor to fall into, and then hand him over
to the tender mercies of the Attorney-GeneraL The Mayor
had given a satisfactory answer, and he was not hound to
say any more. What right had the gentleman to ask the
question at all? The Mayor was the Mayor of the city of
Cork, and no human being had the power to displace him.
(Hear.)
Mr. Collins thought the Mayor had adopted the most
manly course in answering the question openly. He was glad
to hear the Mayor repudiate the construction that had been
put upon the words. The construction which had been put
upon them was the construction that the plain English
meaning of the words suggested. (Hear, hear.) But there
was another question to be considered by the Council, whe-
ther O'Farrell had good motives. (Interruption and cries of
" Question.") While that question was not allowed to be
discussed, he should protest against voting that the Mayor's
explanation was satisfactory. Oh, and Hear, hear)
The Mayor There is no smothering of discussion here.
There are gentlemen who state that I have given a satisfac-
tory answer. Ain I allowed to have an opinion in the country
at all? I, as an Irishman, to my own mind, have as perfect
a right to my opinion as the Lord Chancellor or the law
officers of the Crown. All that I meant I say again, by the
words I am said to have used was that the motives of
O'Farrell I considered as honourable as those of other men
that have died for their country. (Expressions of dissent.

An animated and irregular discussion followed.
Some members protested against the Mayor's ex.
planation being considered satisfactory, others thought
the Council had nothing to do with what his wJrship
said in his private capacity, while several insisted that
the language of the Mayor compromised the corpora-
tion, and should be repudiated and condemned. Ulti-
mately the meeting separated without taking any action
in the matter

On Salm-day a scene occurred at the Cork police-office.
Shortly after the Mayor took his seat on the bench he de-
manded the charge-sheet, which is usually laid before the
chairman. Mr. Pollok, a Conservative magistrate who has
had frequent encounters with his worship, had taken pos-
session of the sheet with the express purpose of keeping it
out of the Mayor's hands and refused to give it up. The
Mayor again angrily tlernanded the sheet, rising from his
seat and appealing to Mr. McLeod, the resident magistrate,
to say whether it was not his right to have it. Mr. McLeod
declined to interfere, and the Mayor thereupon attempted
to take the sheet from before Mr. Pollok. The latter held
firmly to the precious document, and between the two it
got torn. The two magistrates then abused each other in
round phrase, Mr. Pollok charging the Mayor with mis-
conduct, while his worship wondered what right Mr. Pot-
lok had to he on the bench at all, and promised to move in
the council that the whole of the Orange magistrates be dis-
missed. The audience and suitors waiting for justice looked
on half aghast and halt amused, and speculated, no doubt,
upon the advantage it would be if the magistrates ad-
ministered a little of their own law to themselves, and
bound one another over to keep the peace.
: Later in the day a meeting of magistrates, twenty-three in
number, at which Lord Fermoy presided, was held to Cole
shier what course should be taken to mark their sense of the
impropriety of the Mayor's language in respect to O'Farrell,
and, Indeed, of his general demeanour. After various sug-
gestions had been offered, and an hour's debate, it was
decided to call on the Government to take some action in the
matter. The magistrates were inclined to think that Mr.
O'Sullivan ought to be removed from thebench, but saw that
there were legal difficulties ill the way.

A large open.air meeting was held on Sunday to express
sympathy with the Mayor, and a vote of confidence In him
was passed. Ills " persecutors " were condemned. Placards
were posted denouncing Alderman Lyons as a traitor, spy,
and informer. The Mayor addressed a meeting disavowing
sympathy with assassination, arid expressing confidence hr
Messrs. Gladstone and Bright. At midnight tar barrels were
burning in honour of Mr. O'Sullivan, and there were other
rejoicings, but no disturbance.
The Mayor went to the police court an hour and a half
before the usual time on Monday morning, and discharaed
the diunkards before his colleagues arrived.

In the House of COMMOIIN, on Tuesday evening, Mr.
DaWFOII asked the Attorney General for Ireland, whether
certain words as detailed in the Irish correspondence
of Tha limos newspaper of 2Ptis instant alleged to have been

used by the Mayor of Cork at a banquet given hi that city
to two released Fenian' have, been correctly reported, and If
such words are substantially correct, what course the Govern-
ment intend to pursue.
Mr. Sullivan add there was no doubt that the Mayor of
Cork had used the deplorable words which hail been attri-
buted to him. The Government were of opinion that the
continuance of the mayor in the office of chief magistrate of
the city of Cork was not consi.tent with the dignity of the
Crown (loud cheers), but as neither the Esecutive Govern-
ment nor the Lord Lieutenant of Ireland had the power Li
remove him, he intended to ask leave to introduce atoll
to-morrow to prevent the mayor from continuing the office of
justice of the peace or any other office connected with the
administration of justice in Cork or in Ireland (renewed
cheers).