The Sun.
London, England, 1844-01-22 00:00:00

directed at once to the respective boroughs. He had taken the
population of the Reform Bill as the basis of his plan. He ( Mr.
O'Connell) was anxious that men of wealth and station should
join them (the Repealers). The time was come when Ireland
could no longer be governed for or by a faction. England had
given them emancipation in 1829, but not equality. With re-
spect to the law of landlord and tenant, it had been said by
Chief Justice Pennefather that the nature and intent of the
Act of Parliament was only in favour of the landlord to enforce
his rights. The law never had the interest of the tenant in
contemplation at all. These were the words of a Tory
„Lord
Chief Justice.—(Laughter throughout the Court.)
Cross-examination resumed by Mr. Sergeant WARREN—
Did you attend the meeting at Loughrea ?—Yes.
State en what day that meeting took place ?—On September
the 10th.
Who were present at that meeting ?—Mr. O'Connell, Mr.
Steele, Dr. Gray, and Mr. Barrett.
Have you a note of Mr. O'Connell's speech at that meeting?
—I have.
Read it.
Mr. HENN, traversers' counsel—ls this a note you took
yourself, and not a copy of another's report?—Yes.
Mr. Sergeant WARREN—Read it.
"Mr. O'Connell said he regretted that the state of the weather
would compel him to narrow his expressions of gratitude to the
smallest space. They all knew there was high authority for
saying that it rained on the just as well as on the un-
just. He would wish to give before them the outpourings of
his heart at the splendid spectacle of that day. Connaught
was doing well. He had around him that day enough of physical
force to achieve the greatest revolution. But let them as-
semble peaceably, and Ireland would be again a nation."
Sergeant WARREN —Did you form an estimate of the num-
bers that attended the Lourghrea meeting?—Yes, I did.
Sergeant WARREN—How many persons, or about how many,
were present, do you think ?—I should say about twelve thou-
sand. I was present at a public dinner on the evening of the
same day. If I said that Mr. Barrett was at the meeting, I
said so inadvertently, and I took the first opportunity to correct
my error. Mr. Barrett was at the dinner.
Sergeant WARREN—State the names of such of the tra-
versers as were at the dinner ?—Mr. O'Connell was there, and
so too were Mr. Steele, Mr. Barrett, and Dr. Gray. I heard
Mr O'Connell speak at the dinner, and have a note of his
speech on that occasion.
Are you acquainted with the appearances of the traversers ?
—I am.
Sergeant WARREN—Point them out, if you please.
The witness turned round, and, after some hesitation, said—
" I only see Mr. O'Connell, Dr. Gray, Mr. Ray, and the Rev.
Mr. Tierney."
Sergeant WARREN—Look round and try if you can identify
any more of them ? Oh ! yes, I see Mr. John O'Connell.
Sergeant WARREN—The traversers ought to be together ;
this difficulty on the part of the witness arises, my Lords, from
the circumstance of the traversers not being all here.
Mr. WHITESIDE—I am rather inclined to think it results
from the circumstance of their not having been all there !
(Laughter.) The Learned Counsel alluded to Loughrea.
COURT—Do the Counsel for the traversers admit that Mr.
Duffy was at the Loughrea dinner?
Mr. WHITESIDE—I do not admit that Mr. Duffy was at any
meeting, except, perhaps, an Association meeting.
Mr. M'Doisouon-1 admit that Mr. Barrett was at the
dinner, but not at the meeting.
Mr. O'CoN NELL—The witness did not say he saw Barrett at
the meeting; hut he said he was at the dinner.
Mr. FITZGIBBON— Unless there be an attempt to dispute
identity, we will readily concede the fact of any of the traver-
sere having been at any meeting, which, in point of fact, they
did really attend.
Sergeant WARREN—You said you had a note of Mr. O'Con-
nell's speech at the dinner of Loughrea; pray be so good as to
read it.—(The witness here read from his note-book his note
of Mr. O'Connell's speech on the occasion in question. The
speech commenced with a denunciation of the Tories for having
put into the mouth of the Sovereign a speech, in the sentiments
of which she did not herself concur, for the paltry purpose of
keeping themselves another year in office. He expressed a hope
that what he uttered might reach the ears of her Majesty, and
that she would learn that from the accession of her family to
the Throne up to the present day justice had never been done
to this country. )
Witness—Then, my Lords, Mr O'Connell proceeded to
denounce George the First, George the Second, George the
Third, and George the Fourth ; I have only a topical note of
the proceedings just there, and, consequently, am unable to
give his express words ; I only know that he denounced them.
Sergeant WARREN—Go on with the reading of your notes
of Mr. O'Connell's speech.
The witness complied, and read his note, the substance of
which was, that the Irish people had ever been distinguished
for their loyalty and allegiance to their Sovereign, and they
would never cease to be so distinguished, for that their loyalty
was— " True as the dial to the sun,
Although it be not shined upon."
That the Government had commenced by threatening civil
war upon the Repeaters, but that the people had not crouched
to that threat, and that the menace, consequently, would not
be repeated ; that the Government had spent a great portion
of the session in forging an Arms Bill; and that he (Mr.
O'Connell) would get his arms branded in perpetual
proof of the insolence and tyranny of the Saxon; that
the Irish people, if they were unanimous and did not vio-
late any law, must succeed in obtaining their liberties ;
and that they ought to humble themselves before Providence
for the purpose of imploring that the virtue of perseverance
might be vouchsafed to them, and that wisdom might be
granted to their leaders to conduct them in the paths of peace
and tranquillity into the temple of genuine and rational
liberty, which was fonnded upon religion Red morality. " I
tell the Times that those meetings are the safety-valves
through which the boiling wrongs of the national soul" (witness
remarks) ' I have lost the next word after soul, but I suppose
it was evaporate') " into the certainty of success ; they raise
in them (the people) a Divine hope that the days of the woes
of Ireland will not last for ever." The witness continued
to read the speech of Mr. O'Connell at length in nearly
the same terms as previously published, until he came to the
following passage :—" Ireland wants no monarchy."
Mr. O'CONNELL, who was sitting, as on the previous day, at
the table, immediately under the witness's chair, here said,
with the appearance of much astonishment, "No monarchy?"
.--I would make Mr. O'Connell's meaning more clear if I were
to write out another translation from my notes ; but this is a
literal translation of what he said. Mr. O'Connell did not
mean to say that Ireland required no monarch, for he says
afterwards, " To the Sovereign we are attached by the most
dutiful allegiance."
This part of the witness's evidence and explanation were very
confused, and rather in an under tone, so as to render it difficult
in the gallery to catch his precise words.
Mr. Sergeant WARREN—Turn to the meeting at the Corn
Exchange on the 13th of September; look at your notes of that
day's proceedings, and say which of the traversers were there?
—Am I to give you an answer founded on my own observa-
tion, or from what I find on my notes.
Mr. Sergeant WARREN—You are not bound to omit any
names, if from your own knowledge you can speak positively
of persons having been present, although you do not find their
names on your notes?—Mr. O'Connell was there. His name
is the only one on my notes; but I know Mr. John O'Connell
and Mr. Ray were there.
Sergeant WARREN—Refer to Mr. O'Connell's speech in
presenting the draft of the address to the fellow-subjects of
the Crown in every part of the world.—The witness then pro-
ceeded to read the speech, after which he said he had notes un-
connected, of the points in that address, and he read several
disjointed passages, among which were the following ;
" They say that the English Judges are better than
.ours-1 deny, it." " Such a judgment as that of the
English Judges, tespecting the Presbyterian marriages, never
was given on this side of a hot place."—(Laughter.)
When that speech was concluded what was done ?—Mr.
O'Connell moved the adoption of an address to the inhabitants
of all the countries subject to the British Crown, and that that
address be placarded wherever the British Crown had power.
' You mentioned yesterday that you had received a manifold
copy of that address ?—I did.
Now read it.—The witness took up the manifold copy and
had read about six lines of it, when be was desired to read
the printed copy of the address, as it would be more easily
perused. When the witness had read as far as the fifth article
of the address, he appeared to be very weak—when
The CHIEF JUSTICE said, this gentleman seems very much
exhausted.
Witness—l will be better in a few momenta, my Lord.
Judge CRAMPTON—Perhaps it would be better for the Clerk
of the Crown to finish the reading of the address.
The address was then handed to the Clerk of the Crown, who
concluded the reading of the document.
Here the Court adjourned. On again meeting
The direct examination of the witness was resumed.
By Sergeant WARREN—Was at the Clifton meeting; it took
place on the 17th of September ; some of the traversers (Mr.
O'Connell and Mr. Steele) were present ; does not remember
any one else.
A Juror—Only the two ?
Witness—Only the two. Remembers Mr. Dillon Browne
was there; heard him speak. ( Read his speech from his notes. )
He said the men of Connemara had actea bravely in rallying at
this meeting ; that if not so numerous as in other places, they
were few, but brave. He wished Peel and Wellington
were there to see their mountain cavalry ; and he would be
glad to know if the heavy dragoons could follow them through
the mountains. 'they assembled that day to show their strength,
not to violate the law ; they were resolved not to sully their
conscience at the will of any despot. What he had said of Mr.
Darcy was wafted on the wings of the press to the ears of that
gentleman.
Sergeant WARREN—Did you take a note of what Mr. O'Con-
nell said on that occasion ? Yes.
Sergeant WARREN—WiII you read it?—The witness then com-
menced reading Mr. O'Connell's speech at the meeting. He
commenced by saying that the present was the most transcend-
ant meeting he had ever seen—that he was now making an ex-
periment, and he wanted to know whether they were not as
bravo as the rest of Ireland—whether Connaught was not as
honest and as faithful as the other three provinces.—(Cries of
"We are, we are.") Whether they did not hate Saxon
tyranny as much as any other portion ?—( Cries of " We do
more so.") All he wanted was, Ireland for the Irish, as
France for the French, England for the English, and Scot-
land for the Scotch. The Irish were as brave and more
moral, than any other nation in the world. '1 he battle of
Ireland was to be a peaceable battle, and he would keep them
out of danger. They should proceed in a constitutional
way, but if he wanted them they would come again. He wanted
that every person should pay his own clergyman ; the Pro-
testants could then have what they liked for their own church,
and the more they paid the bettor. The struggle for emanci-
pation was one for the advantage of the rich ; but Repeal would
bring physical prosperity to the people. They were to oast tlo
violence. He came to teach them another ippon from that—
that peace, order. and obedience to the law, stern the means by
which they would wrest everything from ilielmseraies. If they
had the Repeal, prosperity would flow in uposlkisem, and would
they not give a shilling a-year for this objeitd, Very sergeant
paid a shilling to each recruit, to enlist s,tui entrassaro ; but Ise,
did not want to entrap them, buthe told them bawd shouldbe
for the Irish. He again repeated that Do violence was to be
used. His motto was—" Whoever committed a °rime gave
strength to the enemy." He could not be doing anything
was bad when he had the support and countenance of the saitenl
clergy of the people, and their venerated arceliblshop.s.
that be
they found him possessed of such support, th notationdid that
nations have fallen," &c.
Ese Were you at the dinner on that
must be doing some good. Then came the qy " The
sir. Sergeant WARS
day ?--I was.

Mr. HENN—Then you did not take a full note of the com-
ments he made ?—No, I did not.
Mr. HENN—Then, can you supply from memory the sub-
stance of the comments which he made use of ?—Yes. I would
be enabled to do so on referring to my notes.
Mr. HENN—Did you not swear, Sir, five minutes ago that
you could not give the comments?—No, I did not.
Mr. HENN—You swore you could not depose to the sub-
stance of the comments most assuredly ?—ln general I can
swear to the substance, but with reference to passages of the
comments I do not pretend to give the precise words that were
used by Mr. O'Connell.
The SOLICITOR-GENERAL said there was a preliminary
question to be settled, and on which he was entitled to the
judgment of the Court before the discussion went further. If
the witness said he could give the substance of the comments,
or the language of Mr. O'Connell on that occasion, they had
a right to get it from him by reference to his book and memory.
If the witness was not able to depose to all that was said on
that occasion from beginning to end, it ought not to be con-
tended that he could not state such portions of the speech as he
could depose to fully, and to give the portion of which he took
the substance. It was a new proposition to say so, and one
that he ventured to assert was not to be found in any law book.
They had a right to get from Mr. Ross any portion of what
Mr. O'Connell did say, and then let the gentlemen on the
other side get the remainder from him if they pleased, and not
presume that they (the Crown) could not get what they
really were entitled to, and could give in evidence.
Mr. HENN—Why, strictly speaking, you could not use the notes
taken by the witness at all, except to refresh his memory ;
if there was a written publication given in evidence they might
read a portion of it, and it would be then for us to use the re-
mainder of it ; but when a witness takes a partial note of pro-
ceedings, he is not entitled to use it. By the strict rule the
witness could examine his notes to refresh his memory, and he
must rely on that then-
Judge CaAstrroN—l think you confine your objection to
the short summary taken of the speech by the witness, or do you ,
extend it to the words that he is really able to swear to ?
Mr. HENN—I object to his entire evidence, unless he has
taken a full note of all that passed, and I therefore submit his
evidence cannot be received.
Judge CRAMPTON—I understand ; that is quite sufficient.
CIIIEF JUSTICE—We will admit the evidence, considering
that we are acting in conformity with the well-known principles
of the law.
Sergeant WARREN—Proceed, and state as fully as you can, from
your notes, the speech of Mr. O'Connell ; and when you come
to the portions which you have not taken fully, or where your
notes are imperfect, state so. The witness proceeded to read
the speech of Mr. O'Connell for a few minutes, and then, ad-
dressing the Court, said, "Now, my Lords, I have come to the
point at which my notes are cot so full—shall I read them ?"
Mr. Justice CRAMPTON—DO you object, Mr. Henn?
Mr. HENN—If the witness can give the substance and mean-
ing we do not, my Lord. We call upon him to go on.
The witness then proceeded to read—" The Union was not
a compact or agreement. It is not valid. But it is said, that
although it was carried by the foulest and most atrocious
means, that it has worked well for Ireland. I deny
th•+t. From the Declaration of Independence, in the year
1782, up to the year 1799, there never was a country
progressed more rapidly, and I have the authority of Lord
Clare to that effect. Before Emancipation, no man spoke
of repeal but myself ; I always looked upon the Relief
Bill only as the means to an end—but a step to repeal—
and lest that should happen, which has since happened, namely,
that I should be accused of suppressing from tise people of
England my intention ultimately to seek for it, I always de-
clared my determination. In my address to the electors of
Clare, in the year 1828, a contest which was of such import-
ance in effecting Catholic emancipation, I distinctly put it
forward as an inducement to the electors to vote for me, and I
promised that if I obtained a seat in Parliament I would bring
the measure before the house. I have now, for the last time,
vindicated myself from the charge of concealing my intention,
and I will read an extract from Mr. O'Driscoll's book, dedi-
cated to the Marquis of Lansdowne." The witness then said
he had not taken a note of the extract.
Mr. HENN—Are you able, from memory, to give the sub-
stance of that extract ?—I am not. Witness then proceeded to
read the remainder of Mr. O'Connell's speech, where he stated
that from the year 1800 to 1828 the British Constitution was
only in existence in Ireland during an interval of five years,
and stated Mr. O'Connell referred to various Acts of Parlia-
ment passed during that time.
Mr. HENN—Are you able from memory to supply the sub-
stance of what was said?—No.
Mr. HEN understood you to say you could?—Mr.
O'Connell quoted several Acts.
Sergeant WA RREN, for the Crown, submitted these inter-
ruptions ought not to be allowed.
•Vitness proceeded to read the portion of Mr. O'Connell's
speech, where he relied on the vast falling off in the trade of
Ireland. " There were more cattle sold at Balliiiasloe before

the Union than since. There was not one head of cattle ex-
ported then for every 800 exported now. The Irish people
consumed them, and did not export food. He took the trou-
ble to look over Lord Brougham's speeches, and Mr. O'Con-
nell referred to several passages. Also the report of the Poor-
law Commissioners—number of destitute poor in Ireland—
comparative number of Protestant and Roman Catholics--that
the Welsh, who committed crime, were much better
treated than the Irish, who committed none. He
proceeded to give a summary of the conduct of
Ministers during the last session of Parliament, which
closed with a speech of an extraordinary nature, and said
he was greatly pleased with the Morning Chronicle, which
he was not generally in the habit of being from the way in
which it described the speech. It stated the speech was the
very essence of stupidity or impudence, he forgot which, for his
part, he thought it contained both. He would not banish the
impudence from the stupidity, or the stupidity from the impu-
dence, but rather have laoth combined. He denied any inten-
'ion of speaking disparagingly of the Queen. He separated
her acts from those of her Ministers. Kings condescended to
scold and Queens to speak hastily of him. He called a Minis-
terial speech base, bloody, and brutal, and he never retracted
what he had said. The present was a Alinisterial speech. They
could not help giving it utterance. But he blamed the Minis-
ters for not having advised the speech to be given by commis-
mission, and not have compelled her Majesty to speak it. But
she could have expected no better from them. At the very
commencement of her reign the vilest insinuations issued
from their villainous press. A dropsical complaint of one
of :the ladies of her Court gave rise to statements which out-
raged every feeling dear to a child or woman, and which he
would not venture to repeat in the presence he was in. Did
they not inflame the mind of the English public, until a mis-
creant thought he would be doing a good act to shoot the
Queen? He loved the Queen, the object of his kindliest
affections, and, consequently, with his station, felt towards her
the tenderness of a parent. He thought it was cruel towards
the people of Ireland to disturb the affection they entertained,
by making the Queen utter this speech, and make them be-
lieve they never trusted the English, but were deceived. If
they had given the speech by Commission, he would not blame
them ; but all should recollect this was not the speech of the
Queen, but the Ministers ; but there was nothing in the speech
to retard, on the contrary, it should rather stimulate their ex-
ertions. They had now the additional motive to rescue their
beloved Queen from the hands of those Ministers. He be-
lieved if it had not pleased God to give her a family, her life
was not safe among them. The Queen's family had this
peculiar merit, that they stopped the irregular ambition of
one who it was frightful to think would corns to the throne.
Nature had placed their innocence as a barrier against the
worst calamity that could be inflicted on the nation. Oh !
thank Heaven, there is that security against the worst evil that
could possibly happen. We have a double motive for our
exertions—to rescue the Queen from those miscreants, and
our country from'tyranny. We have the two highest motives
that can give energy to human action, love of country and al-
legiance to a woman. Rally, then, with me, and burrs for the
Queen.. I now come to the Ministers' speech, and Peel, Wel-.
lington, Stanley, and Graham. What a scene for the con-
queror of Waterloo, with the Queen in his hands, to makesuch
a speech to Parliament. She is made to whine out something
half-piteous and half-imploring about the seal of her subjects.
The Queen is made to say, I have done something for the good
of the Church, about being unable to do more, and leaving the
rest to the zeal 'of her subjects. The Duke of Wellington, if
poor Napoleon had been alive to witness his defeat (then fol-
lowed some references to the Church of Scotland and
the disturbances in Wales). It is my opinion that
the Legislative Union is inconsistent with any good
object whatever—that instead of being essential to
the strength and stability of the empire, it tends to
produce weakness and decay—that instead of being a bond of
connexion between the two countries, it is the very thing which
puts the continued connexion in jeopardy. Circumstanced as
Ireland is, I am perfectly convinced that if the union is not
repealed by legal and constitutional means, and above all, if it
does not take place during mv life-time, the result willhe a san-
guinary struggle for perpetual separation, and God forbid that
any unjustifiable means should be used. Ido not say this is a
natural or unavoidable result; all I say is, while I live I hope
my countrymen will not despair. As long as I live, at least, I
will struggle legitimately and constitutionally ; and I bequeath
do -those who follow me their own course of proceeding. He
concluded by a motion for a committee to prepare an address to
be placed before the Queen and all her subjects.
Sergeant WA R neN—Was the motion agreed to ?—Yes.
Have you taken a memorandum of any approbation or disap-
probation of any part of that speech ?—No. I was present at
a meeting of the Association on the 4th of September. Mr.
O'Connell, Mr. Ray, Mr. John O'Connell, and Mr. Steele,;were
present. Mr. O'Connell spoke at the meeting.
The witness then commenced reading his note of what Mr.
O'Connell spoke on that occasion. He commenced by referring
to the meeting which was to take place at Clontarf on the Bth
of October and to the prospects of success for the repeal. He
then referred to the Queen s Speech, and the effect which it
produced on the Irish mind. The Ministers dared not to make
that speech till the end of the session, when it could best be ex-
posed to view. A weak and miserable Ministry was incapable
of resorting to any other advice. He congratulated the people
en the increase of the repeal feeling among them, and also on
the symptoms that were apparent of a better temper among the
high-flying Orangemen of the North. He mentioned she
surprise he felt at seeing a sensible letter with the name of
Londonderry attached to it. He denied that the Speech from
the 'Throne was the personal speech of the Sovereign—it was
not a personal speech at all ; it was no more the Queen's
speech than it was his (Mr. O'Connell's), and he was not very
likely to pronounce a speech of that kind. The suggestion
contained in that Speech was grossly disloyal ; it was disloyal to
represent the Queen to the people of Ireland as hostile to their
liberty. He then called attention to the letter in the Morning
Chronicle, signed " One Who Whistled at the Plough," from
which he read extracts. He pointed out the injury done to the
Reform cause in England by the physical-force doctrine of the
Chartists, and warned the people strongly against violence of
any kind. He said the resolution for the non-consumption of
exciseable articles was not yet'proposed ; it was saved for a great
emergency. He would shrink from nothing. He announced
his intentian of attending meetings at Loughrea and C'onne-
mara in the following week, where he would defy the spies and
informers of England to produce confusion. He then pro-
ceeded to detail his plan of the management of the fran-
chise of the Irish Parliament. He would arrange them in
such a manner that if the Queen chose to issue; writs for the
assembling of the Irish Parliament in six weeks, they might be

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Estate to the fury who were the traversers press ld'
dinner.—Mr. 0 Connell, Mr. J. O'Connell, Dr. Grayerlut
..,-
Mr. Barrett. , , ,
Look at your notes?—Oh, no, J. O'Connell was not nt
I
was thinking of Mullaghmast meeting, when Mr. J. 7;iCt-
nell was in the chair.
Look to your notes of the Clifden meeting?—There were
present at the Clifden meeting Mr. O'Connell, Mr. Steele, and
Dr. Gray. I don't remember that there were any other of the
traversers.
By a juror—You said that Mr. Barrett was present ?•—I
was confounding this meeting with that of Mullsghmast; the
only persons present at this (the Clifden) meeting were—Mr.
O'Connell, Dr. Gray, and Mr. Steele.
Have you a note of Dr. Gray's speech on that occasioia ?--
Yes. Dr. Gray in answer to the toast said—
Have you a note of the toasts preceding that ?—No ; I have
no note of the loyal toasts. Dr. Gray, in answer to the toast of
the people, said—" That formerly the aristocracy tyrannised
over the people, but the people were now showing the bearing
of men, determined to be free—that he was much struck with
the difference in the bearing of the people then and that exhi-
bited by them some two years before, when he had visited that
place. Let their conduct be firm, and let them flinch before
ne tyrant landlord, and where was the man that would dare to
eject them from their holdings because they were repeaters ?
Let them observe peace, order, and tranquillity, and they
would finally triumph.
Mr. Sergeant WARREN—Have you a note of Mr. O'Con-
nell's speech on that occasion ?—Yes.
Read it.—( The witness here proceeded to read the speech,
which commenced with expressions of delight on the part of
Mr. O'Connell at the majestic sight which was presented on
that occasion. He said that Leinster, part of Ulster, Mune
ster, had done their duty, and now Connaught was at its post:
There was then (said the witness) a sentence about virtue
..
and religious sentiment which I was not able to catch. The
speech then went on to refer to the prosperity of Ireland un-
der
a domestic legislature. He (Mr. O'Connell) might be
asked why, when having so much physical force around him,
he did not make use of of it? He replied that he would use it,
but not abuse it. Its use was legal and moral combination.
There are then, said the witness, the words " poetical imagery"
—(Laughter)—but I have not the whole sentence. The words
are not mine, but Mr. O'Connell's. The speech went on to
express Mr. O'Connell's delight at seeing the thousands and
hundreds of thousands that poured out of every valley to the
meeting. They would use no violence—they would reserve
their strength till they were attacked. But the Government
would not attack them ; the English Government said they
would not attack them. To that statement he would reply,
" Thank you for nothing, says the gallipot.”--(Laughter.
They could not catch an,old bird with chaff—(Laughter)—and
they would not catch an old lawyer with chaff.—(Laughter.)
(The witness here stated that a sentence followed, which he
was unable to catch, and then proceeded.) Mr. O'Connell
then alluded to the reports that had appeared in the news-
papers of the first meeting of the Arbitration Courts, Dr.
Gray in the chair, and the announcement that they would
meet every Friday after. He stated his conviction that they
would work well, and hoped that hereafter he should be able
to apply the principle on a more extensive scale, so that before
long he should deprive the principal Courts of half their busi-
ness. He would play a game that should checkmate the Go-
vernment in time. It might be necessary to go slowly to
work, and that the people of Ireland should continue their
confidence in him, but it was better to go slow and sure,
than fast and uncertain. In allusion to some opinions that had
been expressed in the newspapers, he said he never took
advice on matters of law from the newspapers ; he
relied on them for matters of fact only. No country
in the world had an abler or more' honest press than
Ireland ; and it was a great proof that they were in the
right road, when they found so much talent in the press in-
listed on their side ; but he could not take the law from them.
He had more projects in his head for checkmating the Govern-
ment, but he should not speak of them. He said further,
that the English Government had done nothing to conciliate
Ireland. They had offered nothing as a remedy of their
grievances but a miserable compromise, giving them what
children called the smallest half. At present his monster
meetings were almost done ; there were not more than seven
or eight to be held. He remarked on the conduct of the
people at those meetings which had been held, and the extract
concluded by an eulogiuta of the moral and religious character
of the people of Ireland.
The SOLICITOR-GENERAL—Did you make any calculation
of the number of persons at the meeting at Clifden ?—I did.
What number attended?—Five or six thousand.
Were you present at the meeting of the Association at the
Corn Exchange, on the 27th September ?—I was.
Which of the traverser! did you see there ?—Allow me to
look at my notes. I never was a day without seeing some
of them.
I only ask you as to that particular day.—Dr. Gray, Mr.;
O'Connell and Mr. Ray. . , .
Did Dr. Gray make any remarks on that occasion?--Hedid:
Have you a copy of that report read by him, or do you brow
what was the subject of it ?—lt was with respect to the Arbri-
tation Courts.
Is there among these documents (handing them in) a copy
of the report read by Dr. Gray 7-1 have not a copy of
that report.
Were you furnished with copies of any documents on that
occasion connected with the Arbitration Courts?—Yes.
Have the goodness to read them.
Witness then read one of the documents. It was an un-
filled up notice that an Arbitration Court had been appointed
for the district of --, and that Mr. hod been appointed
to furnish every information that might be required. It was
signed, Thomas Ray, and printed by Mr. Brown, 36, Nassau-
street.
Have you any other document connected with the Arbitra-
tion Courts ?—Yes ; but not on that day.
Other documents were handed to witness, and from them he
selected one which was read by the officer of the Court. It
was headed by a harp and crown, and ran thus ;—" These pre-
sents ate to testify that thelLoyal National Repeal Association
has perfect confidence and perfect reliance on the ability
of Mr. --, as Arbitrator, to dispose of, adjudicate,
and settle, any disputes that may arise in the said
district of --."
Sergeant WARREW—Have you any other documents respect-
ing Arbitration Courts, which you received that same day?—s
At the meeting of the Repeal Association, which was held on
the 16th of October, I got a document which purports to be a
copy of the: rules and regulations to be observed by arbitrators,
and also by persons in various districts of the country who
wish to submit their disputes to arbitrators.
Sergeant WARREN—Read it.
The witness, who appeared to be very much exhausted,
handed the document to the Clerk of the Crown, who read it.
It was as follows :
" RULES TO BE OBSERVED by ARBITRATORS IN DISTRICTS,
THE PEOPLE WHEREOF MAY CHOOSE TO SUBMIT TURIN,
DISPUTES TO ARBITRATION.
TOWERS OF ARBITRATORS.
" I. Arbitrators will remember that they derive their legal
power to adjudicate in any given case, solely from the consent
of the disputing parties, to submit their disputes to the arbitra-
tion and award of the arbitrators, and will therefore be careful
never to enter on any case, until both parties have consented to
submit the cause of dispute to their decision. This con sent
should, in general, be had in writing, and the name of the ar-
bitrators, RR well as the cause of dispute, should be stated
therein. The consent (which is legally called a deed of sub-
mission) should then be signed by both parties in presence of
a witness. In trivial cases, a verbal consent, in the presence of
a witness, will suffice; but, as in the case of a written consent,
the arbitrators should be named by the disputing parties.
" ll.—lt is Mega/ and an indictable offence for arbitrators to
administer an oath. In hearing cases they will therefore not
only not administer an oath themselves, but they will not permit
the disputing parties or their witnesses, or any of them, to take
an oath, or use such asseverations as may be deemed or con-
strued into an oath. Neither ought the arbitrators to take any
form of an oath themselves.
" IlL—Arbitrators may, when duly nominated by both the
disputing parties, decide and adjudicate in all cases ex-
cept such as are called felonies, as theft, forgery, passing base
coin, and such like.
" The cases that more properly belong to the province of
arbitrators are such as hitherto chiefly formed the subjects of
expensive litigation in the magisterial and other Courts. Streit
as wages, debts of all kinds, disputes between employers and
the employed—including servants, labourers, and mechanics--
trespass, disputes concerning meanings—claims on foot of al-
leged damage sustained in any mode whatever, whether by
breach of contract, or by assault and battery. In cases of as-
sault, the complainant mast seek for the recovery of damage
sustained as the result of the assault committed, and the arbitra-
tors may award to the injured party any amount of pecuniary
damages that they may them a just recompense.
" IV.—Arbitrators are not limited as to the extent of their
jurisdiction as are Justices of the Peace and Assistant Bar-
risters. They may, when duly nominated, adjudicate in
cases involving any amount of property. In all cues,
however, over '2Ol. a stamp will be necessary to render the
consent (or deed of submission) an award legal ; but in
all cases under that sum, the consent and award require no
stamp to render them binding in law. The ordinary sche-
dule of stamp duties, to be had at the office of every vender
of stamps, will show the amount of stamp duty required in
each case, amounting to, or exceeding 201., and the arbitra-
tors should direct the disputing parties to procure same, and
the cost of same should be allowed, in making up the award,
to the successful party.
" ORDER OF PROCEEDINGS.
" V.—The form of notice from the plaintiff to the defendant,
should be signed by the plaintiff, and the notification appended
thereto, signifying the willingness of the arbitrators to act, if
duly nominated, should be signed by some oste of the arbitra-
tors of the district.
" Vl.—After the parties have come to the plate of hold-
ing the arbitration, and before the plaintiff be allowed to
make his statement, the arbitrators should ascertaln
whether both parties be present. If they be not, the hear-
ing must be postponed. But if both parties be present, the
arbitrators will inquire if they mutually consent to submit
the cause in dispute to their arbitration. Should both con-
sent, then the arbitrators will follow the directions given
in Rule No. I. Should they, however, not consent, the
arbitrators will, on no account, proceed any further with
the case.
" Vll.—The parties having indifferently chosen an 4
named the arbitrators, and consented to abide by their
decision and award, the arbitrators will proceed to bear the
case in manner following : —The plaintiff should be called
on to state his case, and having done so, he may be exa-
mined by the arbitrators, and cross-examined by the
defendant. The witnesses for the plaintiff to be then
called,
and respectively examined by the arbitrators and
cross-examined by the -defendant. The case for the plaintif
having closed, the defendant should then be called upon to make
his statement, and having been examined by the arbitrators,
and cross-examined by the plaintiff, bis witnesses aro to be
called, and a similar course pursued to that directed in the cue
of the plaintiff's witnesses, The case on both sides havia
closed, the arbitrators will proceed to make their award, 'able')
must in all cases be in writing, and be signed by the arbitrators
named by the disputing parties, and by none others, save the
Secretary, who must sign as witness. Whew so signed, the
award should be publicly read by the Chairman.
" Note.—ln all cases of arbitration, the wife or child of
either party may be examined; and a witness may be called a
second lime should the arbitrators think fit. It may be ad-
visable, for the purpose of eliciting truth, that the witnesses on
both sides should be sent out of the room until required for
examination.
" Vlll—The disputing parties, or either of them, should be
allowed to have the aid of professional men it they choose. In
such case the professional agent will state the case, and ex-
amine and cress-examine witnesses, instead of the party litigant,
as stated in Rule VII.
" IX.—Should the arbitrators find a difficulty in cominngforto
a decision in any case, a reasonable time may beeste'Licewbere
making the award ; but it is advisable that, n
"GENERAL 'LVOV.
hifetitrinpir.aeticable, the award be made immediately
s,sem open to the public;
" X. The arbitrators should s'i'rs
llm :nifestation of approval or
a,od it is deemed advisable thart
audience,a be prohibited, as ce-
nt disapproval by the suitor 9.
, s
Quieted to disturb the proceedings.
11 cause the secretary to make an
" %.1. The Arbitrators vri
book of each case that comes before them.
entry in the minute
to the notice of complaint, or
after the
Should there be no appearance,
a shouldd shouldtl the ct.ahsee
mhavese beenbe
heard, settled,
he
ee willwiil
eenterilt e r itthaecc!rditi glparticulars
under their respective heads.
" XlL—The original deed of submission and the award are
to be carefully preserved by the secretary, as they may be nes
cessary for the future security of the respective parties from
further claim!, It will be hit duty, however, to manly oopiee