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II FEE STATE TRIALS.

the traversers in their speeches. Whether it be the word
" enemy" or " Saxon" it will be for you to say to whom the
desipatiOn is attached. Can it have the meaning or any
"other description than that of English ? It is for you to say,
(His Lordship having proceeded with the reading of the
speech, when he came to the words—" We will violate no law ;
but you are much mistaken if you think that they will not
assail us.") Gentlemen, it is true, as I have before observed,
that not only at the meetings of the Repeal Association, but
also, I believe, with scarcely one exception, at every public
meeting that was called to aid the objects which the tra-
versers•had in view, there was a most industrious inculca-

TWENTY-FOURTH DAY.
COURT OF QUEEN'S BtliCll, SATURDAY.
THE QUEEN V. DANIEL. O'CONNELL AND OTHERS.

Their Lordships having taken their seats on the bench at
0 o'clock,

The CIIIEr JUSTICE proceeded with his charge to the jury,
and commenced by recapitulating the observations with
which he concluded yesterday, respecting the sums of
money contributed to the funds of the Association by these
and other countries. Very large sums came not only from
America under the Britisli dominions; which might have an
interest in what was going on in this country, but also from
the United States of America, which, in reference to Great
Britain and Ireland, were foreign countries. Those sums of
money were handed in in large amounts; and they had in-
controvertible evidence that Mr. O'Connell spoke then of
the forces he had at command and acting under his control;
and.that at one meeting he said he would lake the Opportu-
nity the next day of handing into the Association several
stuns of money, amounting in all to about 1,1001., all from
America, and for the purposes of the Association. The Asso-
ciation was thus provided with funds for the purpose of
working out the ends and objects for which that Association
was formed. Mr. O'Connell and the other traversers con-
tended that this was all legitithate, and that they had a
right, by all legal and constitutional means, to get rid
of the union if they could. So far the Attorney-General
concurred with them ; but the question between them was
this—whether the means resorted to by the traversers were
or were not legal? or whether; in pursuing their object in
the manner they had adopted, they had agreed to transgress
the law in the manner charged iu the indictment under which
they were then on trial? As far as he knew, the only legal
means to obtain a repeal of the union would be by addressing
petitions to the Queen or to Parliament, as by law esta-
blished; nay, there might be more than that—there might
be thp introduction of free and fair discussion to ascertain the
opinions which were entertained by the people generally on
the question of the union. But there must be nothing done
inconsistent with free and fair discussion—no threats for the
purpose of intimidating the Ministry and the Queen; and
still less should the traversers take the law into their own
hands, and endeavour to alter the constitution of the coun-
try from what it was made by the Sovereign and Legislature.
He would now procoed to lay before the jury some of the
acts of the Association in furtherance of what they called
their legal intentions; and the first document to which he
should call their attention, was one submitted to the Associa-

tion to the people not to violate any law. "He who com-
mits a crime gives strength to the enemy." That is
their Maxim. It will, however, be for you, Gentlemen,
to consider whether in the whole of the conduct and de-
meanour of the the traversers they had actually in view
the preservation of the public peace, or whether those
warnings and this advice were given for a particular pur-
pose—the keeping back any violation of the law—the
keeping back all violence and resistance to the law until the
time should arrive when they would be prepared to make such
use of their existing forces as their particular circumstances
might then suggest. In his speech Mr. O'Connell stated that
the only FAiglisliman who subdued Ireland had sent away
80,000 of the peOpl& as slaves, all of whom perished in the
short space of twelve years; whether that statement is a
true one or not, I cannot tell—but with what object was it in-
troduced?, "Yes," continued Mr.- O'Connell, "Peel and
Wellington may be second Cromwells; they may have his
blunted truncheon." And recollect, Gentlemen, that this
portion of the evidence was proved on the part of the tra-
versers by Mr. Fitzgibbon.
Mr. FITZGIBBON-4 beg your Lordship's pardon ; that is a
mistake.
The CHIEF JUSTICE—I would not have made the asser-

tion, but that I find in my own handwriting a note to that
effect.

Mr. Close said he had taken a note of 'what took

place, and the paper was 'given in evidence by the Crown.
The Citith, JUSTICE-1 may be mistaken, but certainly I
made an 'entry at the time in my own handwriting. I will
not dispute with Mr. Fitzgibbon on the point; and you will,
therefore, take it that the paper containing a report of this
meeting at Mallow was proved by the Crown. What is the
language of Mr. O'Connell, and to which I had been advert-
ing? lie says—" They"—that is, " Peel and Wellington—
may get the blunted truncheon of Cromwell, and may, oh,
sacred Heaven I enact upon the fair occupants of that gallery
the murder of the ,Wexford ladies.=(oh, oh.) But lam
wrong; they never shall." The report adds, that here the
entire company cheered and waved handkerchiefs. Now,
Gentlemen of the jury, was that speech made in the spirit of
fair discussion, and as an appeal to the reason? The Chief
Justice then commented on another part of this address, in
which Mr. O'Connell stated that the massacre of the Wexford
ladies was no mere appeal to the imagination, for that 300 of
them, old and young, maidens and matrons, taken in a
part of the town called the Bull-ring, appealed to the
humanity of the English, and were cruelly slaughtered.
The effect of this address was manifested by cries of " Oh,
oh," and great sensation. Now, Gentlemen, what is
the meaning of the introduction of such language, and of
details of this nature ? If there was a word of truth in this
story, the event must have taken place 260 years ago ; and
for what purpose is such language used? Is it, you will ask
yourselves, for the purpose of free discussion upon a political
question, or is it for the purpose of exciting, by this detail of
horrors, the animosity and hatred of the Irish towards the
English ? " May not," adds Mr. O'Connell, " such atrocities
be enacted anew ? But no, we were a paltry remnant then ;
we are nine millions now." That is not the only occasion
upon which the assembled multitudes were treated with
stories of such a nature and of atrocities perpetrated by the
English on the Irish. Among other very renfarkable meet-
ings was one held at Tara, in the county of Meath, on the
15th of August last. The place was one considered deserving
of particular veneration. It is a place religions sacer, and
selected upon that - account, as well as for its historical
associations. Captain Despard, who attended that meeting,
estimated the numbers present at 300,000, while Mr. O'Con-
nell and those in the interest of the Association as infinitely
the most numerous of any of the meetings. According to
some accounts a million of persons were present, and Mr.
O'Connell estimated them at a million and a half. Anti,
Gentlemen, there was a dinner in the evening, as on pre-
vious occasions; and let me now read some of the ways in
which the conviviality of the evening was enlivened by the
speech of Mr. O'Connell. (His Lordship then read extracts
from the speech of Mr. O'Connell, until lie came to that por-
tion of it where mention was made of the massacre of three
hundred females in Wexford, when his Lordship continued ;)
Now, Gentleman of the jury, you have here the same hor-
rible and revolting story of most astonishing barbarity and
cruelty again repeated before another of those vast assem-
blages of persons, who are told of British cruelty and bar-
barity committed 260 years ago, with an intimation that such
scenes may occur again. (His Lordship then proceeded to
read another extract from the speech, and went on as fol-
lows :)—Now, Gentlemen of the jury, it was the constant
practice of Mr. O'Connell, at most or all of the meet-
ings, to call on the assembled multitudes to obey his
call, to be ready to come again when he should think
proper to call on them, and that was one of the occasions
on which he made use of that language. He said that
when he should want them, the people would not be
found to have melted away like snow, should an English
army invade this country; that the people would be found
together again, inspired, no doubt, by the tale of the bar-
barity inflicted on their ancestors by the people of Great
Britain, of which he more than intimated the threat of a re-
currence. After commenting on the speeches made at other
meetings, his Lordship came to that held at Mullaghmast,
and said persons began to assemble early in the morning, and
to march by different ways to the centre of attraction, the
Rath of Mullaghmast. Great numbers came from Dublin,
having, no doubt, been apprised of the meeting, and prepared
for the occasion by the circulation of the placards, printed by
Browne under the direction of the Repeal Association. It
appeared, too, that there were a great number of those who
came from Dublin who had wands and repeal tickets stuck in
their hats, upon which was written, " O'Connell's Police."
You have heard a great deal about the power of these police
in preserving the peace wherever they were ; but it does not
always happen, Gentlemen, that the absence of riot and the
appearance of tranquillity is a proof of the absence of guilt.
You have heard a good deal about the placard that was cir-
culated at the Mullaghmast meeting; but I should like to
know, Gentlemen, how it has come to pass that none of the
O'Connell police ever attempted to stop the vending and circu-
lation of that infamous production ? I will now read it for you,
Gentlemen, and you will see if it does not pretty nearly
agree' in spirit and in meaning to what has been
said at Mallow, Tara, and other monster meetinffs, where
the traversers, or some of them, were present. (His Lord-
ship then read the document in question.) That, Gentle-
men, is the conciliatory, argumentative, peaceable, tranquil
way in which the people who assembled at that meeting
were to be addressed. I have said that no attempt was made
by any of Mr. O'Connell's police to prevent the circulation
of this placard. • Now, Gentleman of the jury, so far were
they from putting down, or attempting to put down, the cir-
culation of this story and the horrible statement I have just
read, that you will find in the speeches made by Mr. O'Con-
nell—one of which was before the assembled multitude in
the open air, and the other at the dinner or banquet on the
same evening—the same story was repeated ; not exactly,
perhaps, in the same words, but in substance and in spirit'
it was altogether the same which was repeated and de-
livered by Mr. O'Connell to all who came that day to lis-
ten to him. What object had they who had attended him
On that occasion, and who took part in his deliberations,
some of whom repeated in their own language the self-
same story and sentiments? The history of what took
place at Mullaghmast is given by an unimpeached witness,
Mr. Frederick Bond Hughes, who described the banners
that were there to have had these mottoes on them

tion on the 22d of August, entitled " A Plan for the Renewed
Action of the Irish Parliament. He had already explicitly
told them; that as the Act of Union remained unaltered by
the proper authority, the Queen was bound by her corona-
tion. oath to support it—and no set of persons had a right in
themselves to attempt any alteration in that Act, except
those legally authorised—the Sovereign and Parliament of
the country ; yet here was a plan for making new laws and
a new constitution for that part of the United Kingdom
called Ireland. It commenced by stating, first, that " the
Irish people recognise, acknowledge, and maintain, and will
continually uphold .and preserve upon the throne of Ireland,
her Majesty Queen Victoria, whom God protect—Queen by
undoubted right, and by hereditary descent, of Ireland—and
her heirs and successors for ever." Now, from the time of the
passing of the Act of Union, and. up to the present, she had
ceased to be the Queen of Ireland. The King at that time
was King of Ireland, but since the passing of that Act he
ceased to be and the title merged in that of King of the
United Kingdom's of Great Britain and Ireland—in fact, thence-
forth, the King or Queen was Kingor Queen of Great Britain
and Ireland. That process, therefore, was one for an entire
alteration in the constitution of the country as by law esta-
blished; and to propose in lieu thereof to place her Majesty
on a separate throne, which could not be done without the
consent • of the Legislature of the United Kingdom sanc-
tioned by the Throne itself. The plan went on' secondly, to
state that " the people of Ireland will acknowledge, and
will maintain and preserve, the privileges, hereditary and
otherwise, of the peers of Ireland ; together with the legis-
lative and judicial authority of the. Irish House of Lords,"
&c. Now they (the jury) would have to say was that the
language of petition to the Parliament and King or Queen of
the, United Kingdoin—or was it a petition at all 7 Was it
not rather a demand, than the language used in a. petition ?
The fourth plan (the Chief Justice went on to observe) was
for the increase of county members • the sixth provided for
aright of voting by virtue of household suffrage ; the seventh
provided for voting by ballot ; the eighth provided that the
monarch of England -de facto should be monarch de jure
of Ireland; and the ninth acknowledged the connexion be-
tween Great Britain and Ireland, by means of the authority
of the Crown, to be perpetual. He did not see how much
such a plan as that proposed by Mr. O'Connell, being as it
was a direct violation of the coronation oath as at present
existing, could possibly be carried into effect according to
law. It is impossible, then, to repeal the union in the exist-
ing state of things ; but the union might be altered if
the Legislative wisdom of the country, together with
the Crown, should think fit to adopt, and if the Par-
liament of the united kingdom, with the concurrence and
sanction of the Crown, tisought proper to pass a new Act
of Parliament, either repealing the union or modifying it
as it at present stood with regard to the connexion
between Ireland and England. That was the legitimate
mode of doing it ; but as long as the law continued as it now
was, there was the Queen's coronation oath to be violated,
and the statute of the 40th of George M. to be outraged,
before the plan'laid down by the Association could possibly
be carried into practical effect. There was no attempt made
to petition the Queen in this plan suggested by the Associa-
tion ; nor was there any recommendation in it that the Re-
peelers should petition the United Legislature. This plan or
manifesto of.the Association was put forward as the demand
of the Irish people, organised and disciplined as they were to
have their objects carried into effect according to their own
wishes and desires—by whom or how, he (the Chief Justice)
did not know, nor did the plan specify. However, this plan
was laid before the Association, and there was no statement
whatever that it was rejected. What was the Association
doing in the meantime, while the authoritative demand on
behalf of the people of Ireland was thus placed upon their
records? They thought right to have meetings held in dif-
ferent parts of -Ireland. Now, Although it had not been ad-
mitted in that Court that he or the Association had convened
more than a few of those monster meetings, yet it yrould be
seen by the repeated declarations of Mr. O'Connell himself, in
the Association, or out of floors, that he or the Association had
called all of them. It would be for the jury to say, whether
theie meetings were held for the purpose oi' petition and free
discussion, or whether they were called together inorder to
make a display of the physical force and powerful strength
of the • Irish nation, banded together by the ties of the Asso-
ciation for effecting their objects by the agency of such
means as had been imputedto them by the Attorney-Gene-
ral. He was not inclined to lay much stress upon the fact of
there being bands of music at those meetings ; there were
bands almost in all instances—perhaps in every instance, and
those bands were in great number, 30 or 40 of them being at a
single meeting. There were flags, and banners, and inscrip-
tions, but to all this he was not inclined to attach much im-
portance. Although it was true that in some cases violence
of expression might appear in some of their mottoes and de-
vices, they went but a little way to establish the crime im-
puted, namely, that the traversers intended, by intimidation
and demonstration, by physical force, to overawe the Govern-
ment of the country. These bands were something, no doubt,
contributing more or less to the existence of physical force,
but they constituted, after all, but a slight ingredient in the
case. The striking feature in these meetings was the immense
Masses in which the people were collected, and the nature
'and violence of the speeches which were delivered to
the assembled multitudes on that occasion. Generally
those speeches were made by Mr. D. O'Connell ; but that
gentleman was not by any means the only person to address
the meetings. There were other persons also, some of whom
were included in the number of the %reversers, who took the
opportunity of making their feelings known to the face of the
assembled multitudes. It was for the jury to decide, from the
tone and tenor of those speeches, whether they were delivered
by men who were acting in pursuance and promotion of a
common design, and that a criminal one. From a few of
these speeches he would take the liberty of' selecting
firstor
two passages for the consideration of the jury.
would refer to was the meeting held at Mullingar on the 15th
of May, and which was attended by Mr. O'Connell and Mr. Barrett. In the presence of that assemblage, composed of a
multitude of persons amounting to hundreds of thousands.
Mr. Barrett thought proper to express himself in language
which he should read *out the Pilot of the 15th of May, Mr.
Barrett's own paper. Mr. Barrett could disown whatever there
might be of criminality or violence in the speech, by the asser-
tion that what he uttered escaped from him unpremeditatedly
and in the excitement of the moment—that it was allot effusion
—but that the thing should be passed over, inasmuch as it
' was not preconcerted or premeditated ; but there was not a
particle of evidence to show that Mr. Barrett's speech de-
served to be so characterised. It was a deliberate speech,
and not:only-did Mr. Barrett utter it at Mullingar, but it was
to be presumed that he wrote it down, and when he had ar-
rived in Dublin he had it printed and circulated in his paper,
the Pilot. His Lordship then read an extract from the
speech, concluding as follows :—" We will crouch, but it will
be the crouch of the tiger, ready to take a terrible spring,
and clutch our independence. Come what may, the dye is
cast—repeal must be successful. We have a leader worthy of
our people, and a people worthy of such a leader—a people
!sober, forbearing, resolved, and possessing all virtues which
will enable them to obtain, by showing that theyare worthy
of, national independence." That speech was delivered on
the 15th of May. See how simultaneously the operations
of the Association, the meetings, and all these proceedings
went on together. He now came to the Pilot of the 31st
of May, and they would see that in that paper Mr. Bar-
rett gave a report of Mr. O'Connell's speech at the great
Longford repeal meeting. The jury remembered what
was stated at that meeting by Mr. O'Connell with respect
to an English Roman Catholic Nobleman, Lord Beaumont.
He (the Chief Justice) would not 'go into the particulars of
the dispute between the two individuals, but he alluded to
this speech as showing the Opinions which Mr. O'Connell
uttered in presence of the populace with respect to what he
thought might take place in England if opposition were
made by the Government. to his plan and that of the Asso-
ciation. (His Lordship proceeded to read that passage from
Mr. O'Connell's speech at Longford where he alluded to the
sensation which would be created in the popular mind to-
wards England, in case coercive measures were used against
this country.) It would befor the jury to say, whether they
thought the use of such language as this a fair and legitimate
mode of exercising the right of free discussion, and bringing
the mind of the
people to bear constitutionally on political
-
questions. What was this man of Ireland, Of whom Mr.
O'Connell spoke 2—something existing only in the imagi-
nation of Mr. O'Connell, who framed and fabricated this
story for the purpose of having its effect. No such story
ever existed ; it was a supposition_a kind of novel invented
by him upon the occasion ; and for what purpose ? To
have free discussion of the subject of the union, or to have
the passions of one portion of the.people of this country
excited against another, and violence, and deeds of violence,
prOvoked by the introduction qf
uqounded atni false stories
of this nature. The speech was received with `: hear and
cheers ;" and that was the way in which stories of the kind
were received by awe multitudes of loyal Wien. His Lordship
talon praceeded read bar. O'CApAv--1 swell At Mallow,
observing to the jgry, the WQr4 eneuly'ro,CCYl •y4ry often
in very many of the aPPech-es made 'here and elsewhere by
O'conneil, either lii the proson§-cif some Qttbo traversers
or others, and was also made mg or by other persons among

" The man who commits a crime v gives strength to the
enemy"—that, Gentlemen, is their favourite motto ; " Ire-
land must be a nation ;" " Repeal ;" "A country of nine mil-
lions is too great to be dragged at the tail of any nation."
Gentlemen, is that argument or threat? Mr. O'Connell, when
called upon at the dinner, spoke these words—(hero the Chief
Justice read extracts from the speech alluded to). The
Queen's Speech that was here alluded to by Mr. O'Connell
we have not now before us ; but I tind from the context that
it must have been a speech disapproving of the steps of the
repealers. Because that speech was presumed to be spoken
by the Queen and composed by her Ministers, therefore that
is the reason, us alleged by Mr. O'Connell, for calling to-
gether again this enormous meeting at Mullaghmast. " I
thought," says Mr. O'Connell on that occasion, "that the
monster meetings had demonstrated the opinion of Ireland,
but when the Queen's Ministers' speech came out, we saw it
necessary to do more. Accordingly, we called a monster
meeting at Clifden, we called another at Lismore, and we
are now at Mullaghmast." Now, Gentlemen of the jurv,
mark these words: " I chose it for .an obvious reason.- We
are on the precise spot on which English treachery—aye,
and false Irish treachery too--consummated a massacre nil.,
equalled in the crimes of the history of the world . until
the massacre of the Mameltikes• by Mehemet Ali. It was
necessary to have Turks to commit a -crime in order.to be
guilty of the crimes of English. We are assembled here this
day to express our determination in open day not to be mis-
led by any treachery." Is that, or is it not, of a piece and
in unison with the printed paper circulated all over Mullagh-
mast in the course of the same morning ? The Chief Jus-
tice then commented on Mr. O'Connell's statement as to Dr.
Gray and his son having held a petty session of their own,
and that they would select chosen Judges in the room of the
magistrates, who were unjustly deprived of their offices.
This is the reason he gives for setting up the arbitration
courts ; not with a view of putting a stop to the taking
of oaths—not with a view of assimilating themselves to the
Quakers—not with a view of assimilating themselves to the
usage of the Ouzel Galley, who act upon process directed
from the superior courts—but with the view of appointing
to those courts magistrates dismissed by the Government
for attending repeal meetings. Again, he said, "That
with those courts they would see justice realised in Ire-
land ;" and was not that saying that justice was not ad-
ulinistered at present in Ireland ? Was that statement made
to bring into disrepute the courts of law, as now established?
The Chief Justice then adverted to Mr. O'Connell's allusion
to the rebellion of 1798 as " premature and rash." (His
Lordship then read the resolution adopted at the meeting,
and entitled, the " Leinster Declaration." Those resolutions
have already been published in the course of the proceedings.)
The Court then adjourned for a few minutes.
At the resuming of business his Lonnsitircoutinued to read
Mr. Barrett's speech to the end and continued :—That
was Mr. Barrett's part in the drama performed at
Mullaghmast. At the banquet which followed Mr. Daniel
O'Connell made another speech. Was there any difference
in its tone and manner from that previously addressed to the
multitudes iii the morning? I will read it in order that the
jury may judge for themselves. (The Lord Chief Justice here
read copious extracts from the speech of Mr. O'Connell on
that occasion. It referred especially to the supposed slaugh-
ter on the Rath—precisely the same story that was circulated
among the people assembled at the meeting, and it was said
that their Saxon masters would not dare to attack them again.
Not, let it be. observed, that they Ivould not, 1)4 that they
dare net 4gait} attack theiii: Ire ailinitted that they were
there riot by ficeicreqt Nit by &Sign ; and in reference to the
arbitration system he said, " We want to get the adminis-
tration of justice mit of the hand* of the enetny,v glut that lie
wished to shr the natigns 4f &wipe flint they were !khle to
do their own jucliciallittegiess, and that they required not the
Salmi or the stranger to do it fur them.) Now, Gentlemen,
I will aik you, is this free discussion? Ask yourselves, is it
right or proper to circulate each a narration of bygone

deeds, the truth of which the narrator could not be ap-
prised of, and which he knew he could not? I will ask you,
Gentlemen,. is is not • a proof of the hatred of the speaker
towards England, and that such language was uttered
with that gall and bitterness which were sought to be
excited in the minds of one portion of her Majesty's sub-
jects against the other. Mr. O'Connell made a second
speech that day, into which he introduced the tame subject,
and here again lie dwelt upon the cruelties of England to-
wards Ireland. (His Lordship read a portion of this speech,
and then continued by saying :)—I will now, Gentlemen, call
your attention to the meeting at Tullamore, where Mr.
O'Connell spoke, and the evidence with regard to which was
given lw a trustworthy, because an unimpeached witness,
that is John Ulich Macnamara. (His Lordship real a por-
tion of Mr. O'Connell's speech, which has already ap-
peared; and said)-4 come now to the part taken and the
speech made by the Rev. Mr. Kearney in the presence of Mr.
O'Connell. That Rev. Gentleman brought forward a resolu-
tion, pledging the people to , continue the repeal agitation
so gloriously brought forward by the Liberator of their
country. 'there was a resolution for the adoption of a pe-
tition brought forward, but there was no proof that such a
petition was ever signed or adopted. The same gentleman
said that when they got all they wanted, it was only then
that the steam of repeal would be properly got up. Mr.
O'Connell was present, and he did not deny the truth of
what might be fairly deemed an imputation on himself,
namely, that of acting a dangerous and uncandid part.
In his speech, Mr. O'Connell alluded to a circumstance
which a friend of his had witnessed. It appeared that this
person saw some men working in a field, but apart from au-
other person, who was in a kind of Botany Bay of his own,
and those who stood aloof being thought to be Ribandinen,
the gentlemen, addressing them, asked why they shunned the
other poor fellow. Their answer was, " Oh, that fellow re-
fused to become a Repealer." " Those good men," observes
Mr. O'Connell, " were combined for the cause of repeal, and
it is absolutely necessary that you should be''dotibly alive. I
cannot have man, woman, or child without becoming a Re-
pealer. The Saxon will be roused from his slumber, and the
union shall be—must be—repealed." The next speech made
was by Mr. Ray—l mean that at the banquet of Mullagh-
mast. Mr. John O'Connell also spoke at that meeting,
and Dr. Gray, so that five of the alleged conspirators
were present on this occasion. Dr. Gray spoke. (His
Lordship then read portions of the speech of Dr. Gray,
relating to the arbitration courts.) Gentlemen, does the
speaker, when he talks of the people having been long
trampled on by aliens and enemies, mean the existing courts
by which justice is administered—does he mean the Queen's
iudges, appointed by the law of the land ? I shall now close
these observations on the day .of Mullaghmast—a most im-
portant meeting, and, indeed, more important than any of
the other meetings which took place elsewhere, exposing
to you and to those who have to decide in this case what
were the real objects and intentions of those who are ac-
cused before you for entering into this alleged conspiracy.
The general effect of that combination cannot be mistaken,
nor can it be denied that discontent and animosity were
inspired among the people of Ireland against the people of
England, by calling up the memory of by gone scenes, the
truth of which we cannot now ascertain, and which,
whether they, were true or not, it is now at least gratuitous
to call up in the minds of the people. Mr. O'Connell, sen.,
(for there are two of them), made two speeches at that
meeting. Mr. . O'Connell, sen., it ,was who gave orders
for the procuring .of that assembly ; Mr. O'Connell,
sen., it was who selected that place for the purpose, be-
cause it had been the scene of a former bloody massacre
and murder committed by the English of that day on the
Irish of that day, in order to revive and bring back to fresh
life and vigour those feelings which must have inspired
the friends of the sufferers on that occasion. You may
recollect how eloquently he describes the scenes of blood and
horror and suffering which had been enacted on that spot ;
and it was not for nothing, Gentlemen, that lie brought the
people together in that place, and made a speech to them on
that spot where all that was dear to their ancestors was sa-
crificed by English cruelty and treachery. It was to revive
and bring back those feelings that he did so, and to infuse
them into the breasts of all those present who listened to his
eloquent description of those atrocities. What is the first
accusation against the traversers ? It is for endeavouring
to excite hatred and dissension among one portion of
her Majesty's subjects against another portion ; and was not DUBLIN, SUNDAY MORNING, FOUR O'CLOCK.--
such the tendency of the language to which I have alluded ? „„ . , between
and .
The ttinc the
That assemblage consisted of as many persons as had met at
Tara. It was the greatest of the monster meetings which was spent in a manner but little suitable to the so.
took place in Ireland. And is ,the British Parliament to lemnity of the occasion. The Court throughout the
be told that those hundreds of thousands excited in that -
way, should be in such a state that the moment that time was packed to suffocation. The, majority of
those assembled appeared determined to amuse them-
footgentleman (Mr. O'Connell) thought proper to stamp his
selves as best they might; and so the interior of h
they should re-assemble for any purpose for
which he might require them ? Does discus a state
Majesty's Court of Queen's Bench for an hour-and-
doesef things belong to the system of free sion, or
it prove the purpose of intimidating or overawing the a-half very much resembled that of a minor theatre
Legislature of the country Another object alleged against between the acts, when the audience is at once very
noisy and very facetious ; personal allusions to offic
erw
those who are implicated in this charge of conspiracy is
the depreciating the courts of justice as established by
of
.the
.Coatit or individuals present, imitations of
Majesty's subjects to withdraw from those courts,
law, bringing them into contempt, and inducing her
venous degrees of merit in the crier's voice, false
and have recourse to others. Is there any evidence in alarms of the Judges' arrival, and betting with every
this transaction of the affair at Mullaghmast given you variety of odds and amount on the result of sho s,-;..)
in support of the charge of the alTeged - conspiracy? fanned a-Babel of sounds which effectually drowned
Have you, or have you not, Dr. Gray, coming forward all the efforts made by the officers ofthe Court to silence
and making a statement that the time is come to be re-
it. Outside an angry, and anxious, and excited mob
re-
keyed from those courts over which presided the Saxon
and the stranger? Have you, or have you not, Mr. O'Con
. had been forming every minute addingith
ato
solid its
nell adverting to the same topic at the meeting held at numbers, until the Round flail was filled with
Clifden, where he stated that the institution orthose ar- mass of human beings, and the outer squares became
bitration courts was to be the foundation of a judicial impassable save
the F save throouugrhoaztnsu:sasofpapeotleideeimnetTe
sameTh
system which was to upset or overturn the regularly con-
stituted tribunals of the country? We have him again quay out
recurring to the same subject and commenting in the same manner by the very lowest of the 'Dublin canaille,
way at Mullaginnast, on the appointment of arbitration who passed their time in scoffing at the police, or
•
courts, and placing therein those magistrates who had been discussing the proceedings at the trials with great
dismissed by the Chancellor for attendance at repeal meet-
angs. You have Mr. Ray coincidin in those sentiments; zeal and gusto. A body of mounted police patrolled
through their masses to keep the carriage-Way a
have Mr. John O'Connell, who likewise made a speech
you
at that meeting, in which lie concurred in the general ob- little clear, whilst divisions of the same force were
jects, and appears to have been himself one of the arbitrators drawn ttp at intervals along the Quay-wall.
~/
at Blackrock, appointed by the authority of the Associa- At length Mr. Justice Crampton entered the Court
tion. Gentlemen, I have thus pointed out distinctly the bear-
at about a quarter past 9 o'clock, and, attired as he
ing of the Mullaginnast meeting had on almost all the ob-
jects of the Association, and I have also pointed out the par-
was in plain clothes, took his seat upon the bench
ticular persons accused on whom it bears. Hitherto I stated All the law-officers and counsel on the Crown side,
nothing of the Rev. Mr. Tierney, who does not appear to as well as those engaged for the traversers, were pre.
have attended at, or participated in, the meeting at Mullagh- viously in attendance. The jury having been sent
mast ; nor, as I understood it, is there any evidence that he for at half- act 9 o'clock,
became a member of the Association until the 3d of October, i
which was the day but one after Mullaghmast. It is quite • The Foreman entered and said,—My Lord, we are
true that he had a littlepet meeting of his own—(A laugh)— not quite ready. (Marked sensation in the Court,
at Clontibret, on the 15th of August, the day on as the words showed that there would be a verdict
which the great meeting was held at Tara, which al., some way or another.)
pears to have gone off with more peace, decorum, and pro- Mr. Justice CRAMrTON—Very well , Gentlemen ,
priety than attended those I have referred to.
There were magistrates and policemen present at it. But as we shall wait for you.
he did not think that meeting had been much pressed against His Lordship and the foreman then retired, and
Mr. Tierney, he (the Chief Justice) was willing to adopt the again the same busy hum sounded through the Court
same course, the more particularly as some little uncertainty as before"; and the audience, to make up for the seri-
appeared to exist in refertnce to the parole evidence given blcv on tress of the previous five minutes, became more
M'Cann, a policeman, who was examined as to what too
and facetious than ever. The character of the
place between him and Mr. Tierney on the 15th of June. noisy
Mr. Tierney attended a meeting of the Repeal Association on betting was changed, and one of the junior counsel for
the 3d. of October, the day but one after the Mullaghmast the traversers was heard to offer .5 to lin favour of
meeting.. Whether he was cognizant of the resolutions Carrickfergus against Kilmainham Gaol, as the future'
passed at the latter meeting, lie (the Chief Justice) did not place of durance for his clients. The time wore
place so near, it might be asked, could he avoid knowingknow;
heavily...
them? Mr. Tierney made a speech on the 3d ofOctober, and Crampton returned to the Court, and direeted the
concluded thus :—" I have always said you were victorious," jury to be summoned.
that is, mind, Gentlemen, in the field; "and you must now
In a few moments the door was oe4,
prove successful when you are unanimous ; nothing can pen -and the
y •
preVent you of success, except your own timidity and jur entered amidst the profoundest silence.
Th
treachery : are you ready to sell your country ?" and, Gentle-
e Foreman (addressing the Court)—Are we to
men, loud cries of "We are not," followed that question. give our verdict upon each count of the indictment,
" There were two ways to be followed; one was to slavery, my Lord ?
the other to victory ; and ifyou select the first you deserve it,
Mr.. Justice CRAM TON—Yes, Gentlemen.
but if you select the last, you will be yet blessed bv unborn
diet The Foreman--And are we obliged. to give a Ver.
generations." The Rev. Gentleman concluded by-lianding
on every. count, whether agreed or not agreed .11
in 921. from the north. To that speech Mr. O'Connell paid
the marked compliment of a speech, and proposed the Mr. Justice CRAMPTON—Certainly. •
thanks of the Association to him; the vote of thanks was re- Mr. HATCHELL, Queen's Counsel—Not if they are•
ceived with acclamation and adopted by the Association, not agreed on every count, my Lord. They can't, if
and it was for them to say, under the circumstances,
they are not agreed,
whether the Rev. Mr. Tierney participated in the common cause
r understand me,
or not. Now he (the Chief Justice) had gone through all the Mr. Justice IAtAMPTON ray
traversers, with the exception of Mr. Duffy, who, it was not de- Gentlemen. If you are agreed upon each count, or
nied, was also a member of the Association, and it was proved upon all the counts, you have only to say Guilty or
by various documents, independent of which it was not at- of Guilty, . according to your verdict. If you,
tempted to be disputed, that he was the proprietor of the
,Nation newspaper, a paper more or less in connection with agree upon some and not upon others, you will state
the Association. He was also accussed of having entered those upon which you are agreed, and also the names
into this common conspiracy, so often detailed, although it of' the traversers with respect to whom you have
was not sworn that he attended any of the great meetings, agreed. ,
.and to prove it, various documents, as he had before stated, The Foreman—And take no notice of the others?
were put in evidence, for the purpose of showing that he was Mr. HENN—There must he a finding on the others ?
engaged in what was alleged to be the common object of
the conspirators. (His Lordship then read articles front the Mr. Justice CRAMPTON—Certainly.
Nation headed " Something is Coming"—" Our Nationality" The jury then withdrew, and •
—" The crisis is upon us"—and left it to the jury to say His LORDSHIP, after a pause of a few minutes, sea
whether those documents afforded proof that Mr. Duffy was —I am disposed to think that if the jury wereegreei
aiding and assisting in the general confederacy. He next on certain counts, and not upon others, I should be
Army-, read from the Pilot articles, entitled the "Duties of a•Sol-
dier," and "The Arm, the People, and the Government.") at liberty to receive their verdict so stated.
Another letter which had been read bore the signature of the Mr. MOORE-4 think we had better wait, ray Lord.
Rev. Mr. Power, a parish priest in the county of Waterford, Mr. Justice CRAMPToN.—Just se. I merely threw
and it inculcated the notion that private soldiers were to con- that out for your consideration in the meantime.
cider in their own minds whether they ought or ought not
to obey the commands of those. who are in authority over Another anxious and more solemn interval elapsed
them? and it was for the jury to consider whether these till twenty-five minutes past eleven o'clock, when the
articles were or were not published by these alleged conspi- jury entered their box amidst the most profound stal-
-1 rators, with the view of making the army refuse to act, if ness, the foreman holding the issue paper/hi his hands
called upon to repress any tumultuary uprising which might which was handed down to the Clerk of the C
be produced by their own acts. He need not tell them that if who then
proceeded to call over their names rowea
the traversers intended so to interfere it was a high offence,
and several Acts of Parliament had been passed to punish any those of the traversers. There being no response to
:ra.sLersrossehouitutddhosaideati
person who presumed to interfere with the army. Although the name of " Daniel O'Connell."
h a(Th toe
mALreotuhNaEty
theG
there was no evidence of these publications reaching tile hands of
edthatut.hno
the soldiers, yet, if the jury were satisfied that the t reversers had
their recoemisances.
combined together for the purpose of tampering with the midi- Et's:
tart', although the fact was never executed, the crime was as -, 0 . . .
• complete as if they had succeeded. He had one settled more Mr. .t. orde—l appear here for Mr. O'Connell,
to which he would in particular direct
.their attention— My Lord, I will send for him if Mr. Attorney-Gen,-
namely, the arbitration courts. They would observe, that raj desires it.
the charge was not simply combining together to bring for-
(1,1"..1r. Justice CRAW row—Will it not answer .f if
ward the erection and constitution of those arbitration courts,
... Connell to appear by attorney ? .far r.
but the main and principal charge was this—the combining
together for the purpose of endeavouring to bring into disre- The ATTORNEY-GENERALIt is not with any view
puts and discredit the existing courts of justice in the comp 11. to harsh Steps that I move they should be callecl upon
try as by law established. There was a great deal cif ggl4, their recognisances, but as a matter of regularity.
ment, and a great deal of what lie thought nonece.saary state- Air. Gartlan—lt was understood that, Mr: Daffy
ment, with regard to the subject ofarbitivical, It was given
should not be expected to appear.
in evidence, that by the law of the Society of' Friends, any.
..
man who had a cuspate with another person was bound, Mr, Justice CRANIRT-CvS.--It2 is only,. a matter Of
In the first place, to endeavour to decide the question by for Mr. Gartian. [The traversers iverd then .3eYip.
arbitration -before he was at liberty to take ITecocsfings rally called upon their reeogetieences,' whelf- it at'
at law, and, moreover, that rule of the Society was eared, that Mr. O'Conneli,'wr. J. O'Contiep, *fi
enforced by another rule, that eti-ty member of the Society of
Friends who would decline so' ie. terminate the suit by al4. earned
Mr. .
tration before he iietit to law was to be expelled al' relictof the' Crown (turtling CO theshry-bor)
Tierney, and Mr. Duffy were 096014
a& The Clerk
(Seri tiers in the Court).
of" meeting, as it was called by the Seeitita-. the Ouzel —Gentlemen, are au all agreed,... '. i
Galley was also referred to ao 4 thc.se gentlemen, mutat- 'The Foreman—Yes.
inga 0.,t_41 p.ringkrial MgcOants oi` PubliPt Walti were referred The Clerk of the Crown (leading the issue paper)—..
a;i4 4r,call'llls Mii4 by 11te1..11 i but the system of arbitration Gentlemen, you say nothing on the first and second
soopted hy the,* was INt ansisos to what was proposed i counts. On the third you say, Daniel O'Connell, B.
by the trversera ; for, altliouet it took upon itself t.:
: Barrett, and C. G. Dutfy are guilty.
girds the disputes au'.: 'XiiTerences of those whe thought propertieprocee,qngs
outwer4 I Mr. Justice CRAmpTON —lf there be no finding to refer to tne decision of its nienlb,:xa, ha o
always based, in the find inseance, neon i!.. . ,
the first or second counts, the veratctas sniper/ed.
1 the etiorior courts, and thins.theanibt.traiitio‘i‘tl-Nivtaiissrutitiarriate
stated thither that the IF e n
The 9r ma We consider that they Were too
to the baperior court. But it w

THE 'VERDICT.