The Express.
London, England, 1848-05-17 00:00:00

tql.lll

public prosecutor, to endeavour to emit* your passions, or
appeal to your imaginations. As public prosecutor, it is my
duty and my inclination, to appeal only to your reason and
your judgment. It is my duty to bring bekre you the facts,
and having proved them, I trust I shall be acquitted of
having over-sated anything in the sm. ch I have delivered.
The question you will have to consider is, the scope and
tendency with which Mr. O'Brien's speech was delivered. I
scarcely expect that his counsel will avow these objects to have
been seditious and then ask a verdict at your hands. If you
think upon year oaths that the speech bears the construction
whch I have fixed upon it, you will of course give a verdict
for he crown ; but if lam mistaken, if the object war
merely free discussion, and the obtaining cosatitutional ends
by peaceful means, then you will give your ',edict against
me. I look at the question with the eyes of an advocate ;do
you look at it as jurors, and I have not the shadow of a
doubt but that the verdict will be what it ought to b.,.
Mr. George John Hodges was then sworn and examined
by Mr. Serjeant Warren : When did you come to this
country ? Ou the 10th of March.—Who accompanied you ?
My son.—For what purpose did you come here 1 To take
note at political meeting' for the government.
Mr. Butt said he would admit the correctness of the
speech, with the exception of one portion set forth.
Court When we come to the reading of the document,
you can decide upon that; but I apprehend thete prelimi-
nary math rs must be attended to.
Examiustion resumed: I was introduced to Mr. O'Brien,
and he said that I should get every facility at their meet-
ings ; at my desire, he apprised the meeting that I was
there from the government; Mr. Diilon was present at
that meeting as chairman.--Serjeant Warren Did you take
a note of his speech ? I did, bat 1 have not transcrib: d it.—
Court Well, read it slowly from your notes for the jury.—
Mr. Butt: Dues your lordship think that Mr. Dillon's
speech can be given in evidence here ?—Court : I do ; he was
in the chair, and, I suppose, announced the object of the
meeting.—Mr. Hodges then proceeded to read the 'pooch
delivered by Mr. Dillon, in which he denied that the confe-
derates were desirous to ci este disorder or tumult, and that
if the Lord Lieutenant thought such was their intention, he
neglected his duty ice not prosecuting them.—Court:
Was Mr. O'Brien present when that speech was delivered?
—Mr. Hodges: I could not swear that; he might be out
while I au hiking notes of the chairman's speech.—
Serjsant Warren: Did you see Mr. O'Brien there before
and after the meeting? Mr. Hodges : I did—Court: Yoe
knew him before ? Air. Hodges : I did, my lord.—Serjeant
Warren : How soon after the delivery of the chairman's
speech did you see him % Mr. Hodges: He followed with
his speech immediately after.—Mr. Butt said the Youghal
address set forth in the information was not admitted by the
traverser.—ls reply to a questioa from the Court,tdr. liodgep..
atoned that he gut the address, printed, at the meeting, and
that the one set forth was that which was read.—Court : With
the exception of that printed address the remainder is ad-
mitted? Mr. Butt I believe all the rest.
After some discussion it was agreed that the entire speech
should be then read from the transcript made by Mr.
Hodges.—Mr. W. S. O'Brien said that if ho could say,
from his recollection, that any portion oi the speech
was incorrect, he would stop the reading of it,—and
say so —The Chief Justice said the chairman's speech
should be admitted, as the witness states that lie saw Mr.
O'Brien there immediately before and after its delivery.—
hr. Taylor, a juror : Mr. Hodges swore that ho could not
say whether Mr. O'Brien was present during the delivery of
the chairman's speech.—Court It is admitted.—The tie-
elute then proceeded to read Mr. O'Brien's speech in
estates.
Mr. Hedges then read the address brought for-
ward by Mr. W. S. O'Brien, and his speech upon the
occasion.—A juror (Mr. Taylor): When you left the Musie-
hall, did you see any attack upon life or property ?—Mx.
Hodges: I did not.—Juror: Then, as far se you could see,
you don't know of any bad result having occurred in con-
sequence of that speech?—Mr. Hodges: No.
Edward Banuun, inspector in the constabulary force,
sworn and examined by Mr. Baldwin, Q.C.: I know where
the Mu.ic-hall is situated in Abbey-street; it is in the county
of the city of Dublin ; I have read the speech of Mr. O'Brien
in the public papers—the speech just read to the court by Mr.
Hodges. Mr. Baldwin then re-read those pumps from the
speech. hich had reference to the advice given by the traverser,
that the people should endeavour to fraternise with the isol-
&try and constabulary, and asked the witness what meaning
he attached to them ?—The witness replied that their object
was, so he considered, to induce the police force to swerve
from their allegiance to the crown.—A juror: Did you hear,
witness, the question recently put by a fellow-juror of mine
to Mr. Hodges, as to whether any riot followed the delivery
of this speech then or since ? Witness: lam not aware that
any disturbance followed the delivery of the speech; I did
nut hear it uttered.
The court then retired a few minutes to take refreshment,
and when it sat again, and the jury had returned to their box,
Mr. Burr, Q.C., ruse to address the jury on behalf of the
traverser. He said—Gentlemen of the jury, in this case I
am counsel tor the traverser, Mr. O'Brien, and it is my dray
i to endeavour to satisfy you that he has not committed a
mime fi r which you otialit to find him guilty. It ever,
gentlemen of the jury, an advocate appeared before you
hosing reason to request your indulgence, I feel that I have
•just title to it now. I rise to address you, I confess, over-
whelmed with the deepest anxiety respecting the result
of this case : for, after I have exerted myself to the utmost
that my poor abilities will admit, if you had a verdict of
guilty against my client, the responsibility would be yours,
not mine. But deeply anxious as lam for the issue, lam
still more anxious lest, perhaps, some omission of mine may
lead you to find a verdict of guilty. I appear to defend
no ordinary man at the bar of this court to day. At
the bar of this court stands arraigned to-day, for sedition,
a man high in the esteem of all who kcow him—a
man of ancient family and lineage--a family and lineage
so ancient, that the Viceroy who prosecutes him is
proud to beast relationship to his blood. Not • man who
has nothing to lose, but a man of fortune—a man of station—
s man with everything that can make life desirable; and
who has embarked and risked all he possesses this day in that,
whether it be right or wrong, which he believes to be for his
country's good. This much I already knew of him in pub-
lic, beiore I had a personal acquaintance with him. But
now, that I have met and conversed with him, es between
counsel and client, I can confidently gay, that there is not
in the tamest recesses of his heart a single thought that is
sot worthy of a high sad noble-minded man ; and when I
reflect that the effect of a verdict of guilty will be to consign
such a man to a prison, I am, I confess, anxious for you, gen•
demon, for himself, and for the country—for, believe me, all
(omelet tie sight iu &country in which such a man asWm. S.
O'Brien is goiity, if guilty you pronounce him to be, of
sedition. At the conclusion of this sentence the majority of
the bar, together with the ladies and gentlemen in the gal-
leries, rose, and loudly cheered the sentiments of the learned
counsel.
The Chief Justice : 1 bet to state, once for all, that if
there be attempted a second manifestation of this kind, I
will order the court to be cleared.
Mr. Butt: I assure your lordship that nothing can be
more painful to me than any expression of feeling in the
court, and I must say they are not the real friends of the
traverser who have acted in this manner. Gentlemen of the
jury, 1 confess I feel much anxiety when I remember that
you do not, and cannot, come into that box to try this case
unprejudiced. I have, indeed, great reliance on your good
muse and integrity, and am sure you will endeavour to rid
yourselves of all prejudice. But I tell you candidly, Ido
not believe you can come into that box unprejudiced. By
every means the public mind has been poisoned re-
specting my client. Addresses have been got up
to excite the public mind, and lead men to think
that we were on the brink of a bloody insurrec-
tion, end to convince the public mind that my client
was a party to some design to disturb the peace
of this city. Your town has been occupied by a military
force, to impress the public mind that public and social order
were likely to be disturbed ; and if you, gentlemen, tun come
into your box unprejudiced against my client, in the lace of
all this, you are, 1 can only say, more than human nature.
You can form no estimate of Mr. O'Brien's opinions from
chi. prosecuted speech. His only instructions to me were
neither to retract nor disavow that prosecuted speech, and
my duty is to satisfy you that under the circumstances of
this eoun.ry you ought not to find that speech seditious.
The real question on which you are to pronounce your
opinion is, whether the language imputed to him be sedi-
tious or not. It is not a question to be decided on any
technical maxi.n of tee law. You, gentlemen, have a
very Difficult duty to perform—your verdict must
be grounded on public considerations. Let me tell
you, in the plainest and most distinct terms that
language can supply me with, that whether this
speech be seditious or not you, and you alone.
are the judges. To the judges of the lane
the e netitution has entrusted high prerogative,
and exsi'ed diet ities. Their part it was to expound the
laws under which we live; but on such a question as
this, whether particular words be seditious or not, the
constitution has given the determination to the un-
cootrolie dicretiun of twelve good and true men,
sworn on their oaths. Uncontrolled he said —uncon-
trolled he should say except so far as their own consciences
and a sense of their duty controlled them. He knew
not what view the judge who tried the use might
take of those words ; but were he to give it as his opi-
nion, and he might do so, that those words were seditious,
and that you were to act on that opinion, without emir-
ciong your own jud :aunts, you would not have kept the
oath you have settee. The Attorney-General (continued
the learned gentleman) had not given them a deli Anon of
sedition, but Ile (Mr Butt) would give them one ; and in
loins so, he would ask them to consider if Mr. U'Brien's
speech was not language which any freeman hail right
to use ? Aud he would also adduce instances of much
8 wager language being used by the most illustrious of
their fellow-couotrynaen in former times. The informa-
tion charged Mr. O'Brien " with being a wicked, turbulent,
and udiouus person, who wished to excite hatred and con-
tempt to her Majesty's government, and create a rebellion."
Now, did it net strike them as extremely singular that in the
entire of tic catalogue of crimes charged against his (Mr.
Bott's) cli. nt, the real crime of which he was guilty, if
any, was omitted ; and that was, a wish to bring the Act of
U,.ion into contemat? Not a word of that act appear! iin
the mturmatioes; w heroes they untruly stated that he wished
to upset the authority of the Queen—a much more ancient
and respected authority than the authority of the statute he
had rebored to. Mr. O'Brien never uttered a syllable
against the Queen, but he did against the Act of llinoa;
and he (Mr. Butt) denied that any man who dented
the authority of that act disputed her Majesty's autho-
rity. He would therefore ask could they account for
this extraordinary omission in the indictment? He
would now call their attention to the speech complained
so much to the parts
the crown—mid also
to the lath r der
guilty mem e
because it di
would Lite'
stake laws

r mu mem ItkleUtsvu
IlikUal to the parts read as the parts omitted by
—aud also to th. Toughal address. With regard
r document, nojury could fi.td Mr. fialith O'Brien
n account of it, wren sup,
.4. .. itious,
did ma contain his wor *5444: id
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