The Sun.
London, England, 1844-02-12 00:00:00

rriv SVNT, LONDON, MONDAY EVENINO, FEBRUARY 12, 1844.

then proceeded to read Mr. O'Connell's speech at Mallow,
observing to the jury, the word " enemy" occurs very often
in very many of the speeches made here and elsewhere by
Mr. O'Connell, either in the presence of some of the traversers.
or others, and was also made use of by other persons among
the traversers in their speeches. Whether it be the word
" enemy" or " Saxon" it will be fin. you to say to whom the
designation 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-
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 Englishman who subdued Ireland had sent away
80,000 of the people 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—I 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 CHIEF JUSTICE—I 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? He says—" They"—that is, 44 Peel and Wellington—
may get the blunted truncheon of Cromwell, and may, oh,
sacred Heaven! 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 remarkable 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 religiose sneer, 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. And,
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 he 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 spceclits 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.
lon 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 meetings, 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 thOiune words, but in substance and in spirit
it was altogether Pie Same. which was. repeated and de-
livered by Mr. O'Connell. to .who came that day to lis-
ten to him. What object had' they who,had attended him
on that occasion, and who took part im 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 uninapeached witness,
Mr. Frederick Bond Hughes, who described the banners
that were there to have had these mottoes on them
44 The man who commits a crime 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—(here 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 find 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 remon, as 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 jury,
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 un-
equalled in the crimes of the history of the world until
the massacre of the Mamelukes 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
Quaker-J.—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-
ministered 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 LORDSHIP continued 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 in 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 would not, but that they
dare not again attack them. He admitted that they were
there not by accident but by design; and in reference to the
arbitration system he said, " We want to get the adminis-
tration of justice out of the hands of the enemy," and that he
wished to show the nations of Europe that they were able to
do their own judicial business, and that they required not the
Saxon or the stranger to do it for them.) Now, Gentlemen,
I will ask you, is this free discussion ? Ask yourselves, is it
right or proper to circulate such 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 same subject,
and here again he 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 by a trustworthy, because an unimpeached witness,
that is John Ulich Macnamara. (His Lordship read a por-
tion of Mr. O'Connell's speech, Which has already ap-

peered ; and said)—l 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 or 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 an-
other person, who was in a kind of Botany Bay of his own,
and those who stood aloof being thought to be Ribandmen,
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 bedoubly 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
Judges, 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 he 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
such the tendency of the language to which I have alluded ?
That assemblage consisted of as many persona as had met at
'Para. It was the greatest of the monster meetings which
took place in Ireland. And is the British Parliament to
be told that those hundreds of thousands excited in that
way, should be in such a state that the moment that
gentleman (Mr. O'Connell) thought proper to stamp his
ti ot they should re-assemble for any purpose for
which he might require them ? Does such a state
of things belong to the system of free discussion, or
does it prove the purpose of intimidating or overawing the
Legislature of the country? Another objecl, alleged against
those who are implicated in this charge of conspiracy is
the depreciating the courts of justice as established by
law, bringing them into contempt, and inducing her
Majesty's subjects to withdraw from those courts,
and have recourse to others. Is there any evidence in
this transaction of the affair at Mullaghmast given you
in support of the charge of the alleged conspiracy ?
Have you, or have you not, Dr. Gray coming forward
and making a statement that the time is come to be re-
lieved from those courts over which presided the Saxon
and the stranger ? Have you, or have you not, Mr. O'Con-
nell adverting to the same topic at the meeting held at
Clifden, where he stated that the institution of those ar-
bitration courts was to be the foundation of a judicial
system which was to upset or overturn the regularly con-
stituted tribunals of the country? We have him again
recurring to the same subject and commenting in the same
way at Mullaghmast, on the appointment of arbitration
courts, and-placing therein those magistrates who had', been
dismissed by the Chancellor for attendance at repeal meet-
ings. You have Mr. Ray coinciding in those sentiments ;
you have Mr. John O'Connell, who likewise made a speech
at that meeting, in which he •concurred in the general ob-
jects, and appears to have been himself one of the arbitrators
at Blackrock, appointed by the authority of the Associa-
tion. Gentlemen, I have thus pointed out distinctly the bear-
ing of the Mullaghmast meeting had on almost all the ob-
jects of the Association, and I have also pointed out the par-
ticular persons accused on whom it bears. Hitherto I stated
nothing of the Rev. Mr. Tierney, who does not appear to
have attended at, or participated in, the meeting at Mullagh-
mast ; nor, as I understood it, is there any evidence that he
became a member of the Association until the 3d of October,
which was the day but one after Mullaghmast. It is quite
true that he had a little pet meeting of his own—(A laugh)—
at Clontibret, on the 15th of August, the day on
which the great meeting was held at Tara, which ap-
pears to have gone off with more peace, decorum, and pro-
priety than attended those I have referred to.
Mere were magistrates and policemen present at it. But as
he did not think that meeting had been much pressed against
Mr. Tierney, he (the Chief Justice) was willing to adopt the
same course, the more particularly as some little uncertainty
appeared to exist in reference to the parole evidence given by
M'Cann, a policeman, who was examined as to what took
place between him and Mr. Tierney on the 15th of June.
Mr. Tierney attended a meeting of the Repeal Association on
the 3d of October, the day but one after the Mullaghmast
meeting. Whether he was cognizant of the resolutions
passed at the latter meeting, he (the Chief Justice) did not
know ; but the matter was so recent, and occurring at a
place so near, it might be asked, could he avoid knowing
them ? Mr. Tierney made a speech on the 3d of October, and
concluded thus :—" I have always said you were victorious,"
that is, mind, Gentlemen, in the field ; " and you must now
prove successful when you are unanimous ; nothing can
prevent you of success, except your own timidity and
treachery : are you ready to sell your country?" and, Gentle-
men, loud cries of "We are not," followed that question.
" There were two ways to be followed ; one was to slavery,
the other to victory ; and if you select the first you deserve it,
but if you select the last, you will be yet blessed by unborn
generations." The Rev. Gentleman concluded by handing
in 921. from the north. To that speech Mr. O'Connell paid
the marked compliment of a speech, and proposed the
thanks of the Association to him ; the vote of thanks was re-
ceived with acclamation and adopted by the Association,
and it was for them to say, under the circumstances,
whether the Rev. Mr. Tierney participated in the common cause
or not. Now he (the Chief Justice) had gone through all the
traversers, with the exception of Mr. Duffy, who, it was not de-
nied, was also a member of the Association, and it was proved
by various documents, independent of which it was not at-
tempted to be disputed, that he was the proprietor of the
Nation newspaper, a paper more or less in connection with
the Association. He was also accussed of having entered
into this common conspiracy, so often detailed, although it
was not sworn that he attended any of the great meetmgs,
and to prove it, various documents, as he had before stated,
were put in evidence, for the purpose of showing that he was
engaged in what was alleged to be the common object of
aiiTonheheadecl crisis
the conspirators. (His Lordship then read articles from the
N
7sSuompoenthuinsf,—isanCodmlienfrir Our Nationality"
_ ';,o the jury to say
'whether those documents afforded proof that Mr. Duffy was
aiding and assisting in the general confederacy. He next
read from the Pilot articles, entitled the " Duties of a Sol-
) dier," and "The Army, the People, and the Government.")
Another letter which had been read bore the signature of the
Rev. Mr. Power, a parish priest in the county of Waterford,
and it inculcated the notion that private soldiers were to con-
sider in their own minds whether they ought or ought not
to obey the commands of those who are in authority over
them ? and it was for the jury to consider whether these
articles were or were not published by these alleged conspi-
rators, with the view of making the arm y refuse to act, if
called upon to repress any tumultuary uprising which might
be produced by their own acts. He need not tell them that if
the traversers intended so to interfere it was a high offence,
and several Acts of Parliament had been passed to punish any
person who presumed to interfere with the army. Although
there was no evidence of these publications reaching the hands of
the soldiers, yet, if the jury were satisfied that the traversers had
combined together for the purpose of tampering with the mili-
tary, although the fact was never executed, the crime was as
complete as if they had succeeded. He had one subject more
to which he would in particular direct their attention—
namely, the arbitration courts. They would observe, that
the charge was not simply combining together to bring for-
ward the erection and constitution of those arbitration courts,
but the main and principal charge was this—the combining
together for the purpose of endeavouring to bring into disre-
pute and discredit the existing courts of justice in the coun-
try as by law established. There was a great deal of argu-
ment, and a great deal of what he thought unnecessary state-
ment, with regard to the subject of arbitration. It was given
in evidence, that b_,y the law of_ the Society of Friends, any
man who had a dispute with another person was bound,
hi the first place, to endeavour to decide the question by
arbitration before he was at liberty to take proceedings
at law, and, moreover, that rule of the Society was
enforced by another rule, that any member of the Society of
Friends who would decline so to terminate the suit by arbi-
tration before lie went to law was to be expelled or read out
of meeting, as it was called by the Society. The Ouzel
Galley was also referred to, and to these gentlemen, consist-
ing of the principal merchants of Dublin, suits were referred
and decisions made by them ; but the system of arbitration
adopted by them was not analagous to what was proposed,
by the traversers ; for, although it took upon itself to de-
cide the disputes and differences of those who thought proper
to refer to the decision of its members, its proceedings were
always based, in the first instance, upon a writ issuing out of
the superior courts, and thus the arbitration was subordinate
to the superior court. But
it was stated further that the
decision of the courts by arbitration was also desirable upon
a conscientious and religious principle—namely, putting a
stop to the administering of oaths. That was a very
plausible argument to be brought forward now ; but it
would be for the jury to decide whether they were not
set up for an entirely different purpose. Recollect that,
in the address from the Association to the subjects
under the British Crown, one of the grievanees which was
proclaimed to the world at large, as far as the British sub-
jects were concerned was, that persons had been appointed to
the bench hostile to, or not having feeling
with the people of
the country ; and therefore they were dissatisfied with those
courts, and the mode in which the administration of justice
was dispensed in them. Now, if the people combined, in or-
der to put down the existing courts of justice, as derived from
the appointment of the Queen, and to set them at naught,
and to induce the subjects of her Majesty to withdraw from
their cognisance the administration of justice, such an asso-
ciation, or agreement with such an intent, was a violation or
the law, and any infringement upon the Queen's prerogative
in that respect had always been considered a high misde-
meanour. The subject was treated clearly by Judge Black-
stone, in his celebrated Canon Laws, Ist vol., p. 277 (1837) ;
" The King is the fountain ofjustice, and general conservator
of the peace of the kingdom. The original power of judica-
ture, by the fundamental principles of society, is lodged in the
society at large; but in England this authority has been
immemorially exercised by the King or his substitutes. lie,
therefore, has alone the right of erecting courts of judica-
ture, and they should be erected by his authority." Such
was the common law of this country, as laid down by Black-
stone, and it was, therefore, an infringement, and a violation
of that law, if two or more persons presumed and took upon
themselves to enter into a common design to detract from
the respect due to the Queen's courts of Pali", and the way
in which the law was administered in those courts. There-
fore it was to be considered what had taken place—the man-

ner in which tliciie Artiitfation Courts and the principle of
arbitration was carried tint these fiarties. Ile held in
his hand a Report of the Arbitration Coniniittee; Which was
presented to the Association, and dated the 21st of Atigitet,
1840, and they would find in that Report a statement of the
system that had been proposed by Dr. Gray and submitted
to the Association, and by them carried into one of its laws.
The offence contained in the indictment with regard to those
courts was not an attempt to establish Arbitration Courts,
although, perhaps, that might be an offence ; but he did
not say whether it would or would not. However, the one
charged he took to be clearly criminal, and was a com-
bination to bring into disparagement and disrepute the courts
of justice as existing by law in the country, to bring them-into
contempt and-disregard among the subjects of her Majesty,
and to induce them to go to other tribunals to settle their
differences—which he had already shown from the language
'of the traversers themselves. There was a paper adopted by
datedthe A s i
in tat
gt iuo
snt,, bleBl4on aw Rh
jeepho reto
no ft
atihne Arbittherationn
sC
forom tetreee,
.
commending and adopting_ this new system of Jurisprudence.
It went on to say, " Your Committee are of opinion, that in-
asmuch as many of the Magistrates who possess the confidence
of the people, have been dismissed, and deprived of the com-
mission of the peace, in consequence of their attachment to
the cause of legitimate independence, Arbitration Courts
should be established, and, in order to secure the harmonious
working of such a system, they recommend that a standing one
will be formed to arrange and superintend the carrying out of
those testimonials." The same Report reconimended the ap-
pointment of those dismissed Magistrates, for the reason that
they had been dismissed by the Government, by the constituted
authority of the reality, and not because of their legal or other
knowledge, local information, property, conduct, or any other
qualification, and the situation of chairman of the arbitrators
was to be given to any dismissed magistrate, if one should
be found in the district. Was that a reason why the parties
in question were to dispense with the powers of those courts
of justice which her Majesty, by her letters patent, thought
proper to provide, in the exercise of her undoubted preroga-
tive, as courts of law for the benefit and protection of her
subjects ? There were four other grounds of accusation. The
eight traversers were indicted for having conspired and agreed
to raise and create disaffection, hatred, and unlawful opposi-
tion to the Government and Constitution; secondly, whether
they .conspired and agreed, or any, and which of them, to
to stir up jealousies amongst the queen's subjects, and to pro-
mote to her other subjects, especially the Irish against
the English ; thirdly, whether they, or any or which of them,
conspired and agreed, or any or which of them to excite dis-
affection in the army ; fourthly, whether they conspired and
agreed to collect unlawful assemblages in large numbers in
Ireland, in order to obtain changes in the laws and Consti-
tution by intimidation and the demonstration of physiCal
force ; and lastly, whether they, or any, or which of them,
conspired and agreed to bring the courts of judicature estab-
lished by law into disrepute, and with the intent to induce
the subjects of the Queen to submit their disputes to other
tribunals. If they were of opinion that the traversers, or any,
and which of them conspired and agreed to do, or caused to
be done, the said several matters, or any of them,
then they were to And such traversers, or traverser
guilty of the conspiracy as laid. The Lord Chief
Justice concluded his charge as follows m.----You are
called on, in the first place, to pronounce -whether
these traversers, or any, or which, did conspire and agree to
raise dissension in her Majesty's subjects, or to hatred and
unlawful opposition to the Govatiment and Constitution.
2dly. You are called on to pronounce whether these tra-
versers, or any, or which of them, did conspire and agree to
raise disaffection amongst the Queen's subjects, especially
those in Ireland against their fellow-subjects in England.
3dly. You will have to say whether they, or any of them,
conspired and agreed to excite disaffection in the army.
4thly. You will have to decide whether any or each of the
traversers conspired to effect changes in the Constitution.
of the country by a demonstration of physical force.
Lastly, Whether they, or any of them; agreed to bring•
the courts of judicature, established by law, into diets,-,
pute, and induce the subjects of the Queen to submit.
their disputes to other tribunals. If you are of opinion.
tdetshrusiactaraltmteilrtesislseinehedrste..st,raversers, or any of them conspired and agreed
to do, or cause to be done the said several matters, or any
of them, then you are to find such traversers or traverser
con-
sisting of thoseotEbrlvetsome
Every
Tml
guilty of the fact of conspiracy as laid. I have, Gentle-
men, put the question to you in the language of the in-
home to the traversers, or any of them, to your satisfaction,
emm.ustßbuet,
dGeeenniteleaminenn,ocent
fivee saep
person
rerPta°:anngee
mbaaieinhs
csw,ettai Crownesnretyehd eguu
ei
guilty
ol%ofbe
act establish bobnl iess
conspiracy
being
thatabetye i theg bt
cri-
minality is a thing which must be proved, and not merely
till the contrary is proved. The defendants plead their inno-
cence on the ground that they had a right to do the several
things given in evidence, and had no criminal intent. -If it
should be your opinion that they had no criminal intention in
the acts proved against them, you would be bound to acquit
them ; but if, upon the other hand, you should be of opinion
that those were not the real objects of the defendants, and
that whatever their real designs might be, that they had the
criminal intentions attributed to them by the prosecution, and
be satisfied that the traversers acted in concert in further-
ance of those intentions you will be bound to find them
guilty. You have been pressed by arguments appealing
to your feelings, and sometimes to your apprehensions
—you have been addressed by a greater number of
persons of ability than accused persons ever before had the
advantage of, and nothing was omitted that could possibly
strengthen your case. Gentlemen, you are by law indif-
ferent—you are to be biassed by nothing but the oath you
have taken, which is, that you will give a verdict according
to the evidence—that is your duty; and to enable you to do
that, I never saw a jury who, during a long trial, extending
over a period of three weeks, paid such individual attention
to the case, the evidence that has been laid before you, and
the several gentlemen that addressed you on either side. I
feel perfectly certain that you will decide conformably to the
dictates of your reason and of conscience; and I .do hope that
the Lord, who rules over all, will enlighten and direct you.
I have now no more to say.
The Foreman of the Jury—My, Lord, as the jury are much
fatigued, I beg leave to ask whether it is absolutely necessary
to conclude this case now ?
The CHIEF Jusnce----I Am sorry to tell you, that after the
charge has been delivered it is not possible for us to
allow you to separate to-night. You may retire to your
chamber, •but I regret to say we have not the power of
giving you that liberty which has been hitherto afforded
you, of going to your homes. You must remain in the
custody of the Sheriff, holding no communication with
others, and the chamber is the only place that I am aware of
which you have a right to occupy. I have known instances
in which the jury were not allowed to separate, but they
were permitted, while in the custody and care of the Sheriff,
to have the accommodation which it might be expected they
would require during the time that would elapse before
giving their verdict. Wherever I have known anything of
that kind done, it has been by consent, and unless there be a
consent in the present case, I am not aware, Gentlemen, that
I am at liberty to make any other reply to your question
than that which I have given.
The issue paper having been handed to the Foreman,
Mr. Justice CnAmrrox said that he had no doubt the
Sheriff would afford the jury every accommodation they
might require.
The jury then retired.
Mr. HENN—Before the Court separates there is one point
to which I-desire to call your attention. We submit that
there has been no evidence in this case of any act done in the
county or city of Dublin, and that we are entitled to
have a verdict.
The CHIEF JUSTICE—What do you call the meetings of the
Association, and the speeches made there ?
Mr. HENN observed that there was no printed document
proving that the meetings were held in the city of Dublin.
Mr. Justice CRAMPTON said he would take a note of the
objection.
The excitement which now prevailed is beyond descrip-
tion—the whole bar standing—the cry everywhere, the
Chief Justice has closed his charge. The jury are locked
up—passages closed—no admittance. The Chief Justice,
Mr. Justice Burton, aml Mr. Justice Crampton withdrew.
On doing so.
Mr. Justice BURTON intimated that the Court was not to
be considered adjourned, as those Judges had only retired for
a short time to the chamber.
Mr. Justice.PEfinnt remained in the midst of the most ex-
traordinlFy suspense.

Mr. MoonE rose and said, on the part of the tra-
versers, he had to object to the documents being
given to the jury, as he had been instructed that marks and
scores had been made under particular marks of them, which
he did not think should go before the jury in that shape.
Mr. MOORE (to the Clerk of the Crown)—Have you the
documents produced on both sides?
Clerk of the Crown—Yes.
Mr. MoonE—You have those produced on our side ? Yes.
The Clerk of the Crown, after a little time, said that he
could not say whether he had all the documents or not—they
were constantly sought for.
During the discussion the foreman and some of the jury
were in the box.
Mr. Justice PERRIN (to the foreman)—ls the room suffi-
ciently large for your accommodation ?
Foreman—lt is, my Lord.
Mr. HENN—Our documents, when proved, were lodged
with the officer, and we have not got them.
The ArrousEY-GENErt.u.,—All the Crown documents are
here. It was not our duty to look after any other documents.
Mr. Justice PERRIN—The Attorney-General is quite right,
all his documents are forthcoming.
Clerk of the Crown—l marked eleven documents, but they
were handed by me to Mr. Ford. I had my part of them re-
turned to me, so that I cannot be answerable for others.

Mr. HENN—Mr. Ford required to have them ; they shall
be returned, but none of the newspapers are forthcoming.
Mr. Justice PERRIN—I understand a' messenger has been
sent to the Stamp-office for them—they shall be handed to
you soon. _ _

Mr. HENN said that they objected to any documents going.
before the jury without having them inspected by the counsel
for the traversers.

The Crown did not make any objection, and, at the sug-
gestion of Judge Perrin, the documents were handed to Mr.
Whiteside on behalf of all the traversers.

Mr. HENN—Surely, Mr. Bourne, you can be able to tel
me in point of fact, if you marked every passage read in de
fence, as well as those read for the Crown.

Mr. Bourne replied that he had not ; he believed that he
did so to some.

Mr. WHITESIDE, Q.C.—Have you, Mr. Bourne, marked
this paper in this manner ? (Passages were underscored in a
newspaper which Mr. Whiteside handed up.)
Mr. Bourne.—No.

After a long pause,
The ATTORNEY-GENERAL rose, and said that it was the
wish of the Crown that the question of the documentary evi-
dence should be decided one way or the other.
Mr. MOORE, Q.C., said that it was originally the intention
of the traversers to have the documents sent up to the jury,
provided that there was not on the face of them any im-
proper marks. Some of the papers were underscored
in passages which were read on behalf of the Crown,
while no such marks were attached to those passages which
were put in as evidence for the traversers ; and he considered
that it would not be right to consent to have those papers
sent up before the jury, as their attention would naturally be
directed to the passages so marked.
Judge CRAmrroN—Certainly not. You are quite right.
The ATTORNEY-GENERAL—My Lord, it would be right
to inform the jury that these documents are not to be sent be-
fore them in consequence of this objection.
Judge CRAMPTON—I shall have the jury informed. Some
of them required a little refreshment, and I have ordered
them some of a temperate character.—(Great laughter.) I
will remain here for a few hours, and then if the jury have
not come to a decision, I will have bailiffs sworn, and they
can have the use of the room for the night.

After a short time all the counsel for the Crown retired.
Mr. Sheil and Sir Colman O'Loughlin remained on behalf
of the traversers.

HALF-PAST SEVEN.
Mr. Justice Crampton has just entered the Court, without
his robes, accompanied by the High Sheriff, and stated that
he will retire for the present, but that he will be in attend-
ance again at a quarter to nine o'clock, and that in the mean
time the counsel for the Crown and traversers, with the soli-
citors and officers of the Court, may also retire until that
hour.

Bailiffs were then sworn to prevent access to the jury.
The Court and its vicinity continue to be crowded, and the
most intense anxiety is evinced by the assembled masses to
learn the result.