The Sun.
London, England, 1844-02-05 00:00:00

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for. all the fiurposes f this trial, they mighe- • fe s
proposition in point of law, and then the simpl -flss-73
is that a conspiracy to do a criminal act is itself sqn
that the. two propositions he had stated resolved tgentie ve r-J-LT
into that one ; because a .combination to effect a lagfßeVelel r' 170
pose, such as to.proeuret the repeal of an Act of Parliement,
Was not itself a crime.; knit if the parties combined to effect
that by the commission of criminal acts then it was a crime.
The question simply -was- not the combination to procnie
lawful effect, but the combination to use the criminal means.
To use constitutional means was not a criminal stet,
therefore that could not constitute a conspiracy ; it was cca-
binizig to do the, illegal act that constituted a consisiracy."'"
He hoped the jury would keep - the fret strongly in
mind, that there was no- principle in the law, as' laid &Sin,
that a party could be guilty of a conspiracy, before i &ear
proof of the fact • was established. There should 'be
clear proof that the party conspiring--that tbe act sets'
the act of all—and then it. might be given in evidence
against all of them. 'With these opening observations he would
call their attention to-the charges which had been preferred
against t
gaionsptutigtbeethrat vve.errae.gostis;
ouTtee Crowntri
trial, and
prosecrhy had'teorslavaleio put-thou on
thought _
the-files of that Court a doctimenti in the form of an indictment,.
which Might well be termed a monster indictment. It had
vast Variety of charges set opt on the face of it, and also a vast
variety of what com-
plain: was termed overt acts. He did not co-
plain:of what was put on the indictment, but he must say that
the defendants were put to egreat deal of expense with regard
to the overt acts, not one particle of which was even given in
evidence of the offence of which the defendants stood charged.,
The jury must be all satisfied, however, that every single overt
act eat proved, or they could not find a verdict of guilty, nor.
could they necessarily come to the conclusion of guilt without
that. Had the jury any doubt whatever about the common,
object of the parties '(the traversers)—if common object they
had it 'all ? lie would ask them,'
was it not a repeal of the
union that' hey sought, and that they were not guilty of the
charge Uttibuted to them at all Seeking fer a repeal of
the union was the reel offence of which they were guilty ;,
but that was not charged in the indictment, and for this rea-
son—the Attorney-General well knew it was not an offence,
and that if be had put such a charge in the, indiettrient, it_,
Would 'not" stand one moment in that Court, as it was, sto
crime in law. You see the way it was raised by those .who
framed the indictment. Instead of charging them with the.
real fact, the Crown presecuters allege that the defendanti
are guilty of a 'crime • but if you are satisfied that their
object was a repeal of the union, alone to be accomplished by
legal means, then ,he 'would defy them• to convict the
traversers. How ma they be warranted; On their oaths, •in
convicting them of a combination or confederacy, and the
crime of conspiracy to raise discontent and disaffection in
the minds of her Majesty's subjects ? And inthis cese,,supe
pose one of thein did use illegal means to effect a repeal of the
union, that would not affect the 'other traversers in :tile
least degree. Why, the charge wu so preposterous, to vague,-
and so absurd, when it was said that such would be a charge
of conspiraiy. and a criminal offence, that' it really deserved:,,,
not the . least attention or consideration, for any person samoi,
what 'the real intent 'was, and how the alleged charge endea-
veered to evade it . A conspiracy to raise discontent l What
was the meaning of that charge ? Was it to be supported in a
Court of Justice that all free discussion was to he put down ?
If so, there would be an end to all constitutional law.
Was he to be gravely told that men were to be rut on
their trial for a criminal offence. bemuse they bad made
Certain speeches? Was their object a legal one? If So,
such a charge as is preferred here Cannot be for. •
a moment 'sustained or entered into. Was there a particle of
evidence thit disaffection was roused among her Majesty's sub-
jects? Was there a charge of disaffection to the Queen,
which, he would admit, was an offence? No. Was there ,a
charge of disaffection to the Government, or to the Constitu-
tioo ? No 'such ithing. No, it was among the liege, subjects;
of ber-Blajesty, and in a case of the present nature the charge
shout m
e plain and intelligible to the commonest understand-
e 'would ask, after all they had heard from those ele-_,
Oda tiers'Ons Who had
.Preceded him, as to those meetings, -.
way To the real object to convince the Government of the - •
-Country as to 'what were the-real sentiments of the Irish people.
'!lttr. O'Connell's whole. life belied 'the charge—that was also .
clear during the. Whale Tp!ogrese of.. that agitation which
ended in the eucerresful issue of emancipation, and which
proved to him the great and beneficial effects following from
the preservation of peace. He was not there to answer for
the validity of Mr.. O'Connell's reasons ; but let them be
answered by something else rather than a State 'prosecution.
Let the Parliament 'of Great Britain decide on the merits.
Let the assembled intelligence of Britain do so-;.but such' a
prosecution as the present would not do it,' for he felt firmly
convinced that the result of that prosecution would be—no mat-
ter what it would be in that Court—to promote, rather than to
repress what it was intended to effect. He trusted, whatever
were the results, that he should not live to see the day when
free discussion-would be put down by means of a State prosecu-
tion. The next charge was that the traversers conspired ."
to bring into hatred and contempt the Courts,' as by law
established in Ireland for the administration of jus-
tice. , He then alluded to the Arbitration Court. It
was absurd to say'' - that to recommend men to submit
their disputes to their fellow-men, that that was calms-
laten to bring into disrepute the constituted Courts of the:
laud. That was as absurd as to say that to make a complaint
egotist thp superior Courts was a crime. He begged the jury
to' keep in. mind the fact, that before they pronounced a ver-
dict against any one of the traversers, they must be satisfied
beyond all reasonable doubt that the said traversers did con-
spire-together; not merely to procure a temporary repeal of the
union, but to do those illegal acts specified in the indictment.
On what did the Attorney-General mainly rely? He said,
" True it is these meetings were all very peseeabletrue it is
there was no outbreak—true it is there was no indication
of the slightest breach of the peace- but I say that •
the object was different. from that propounded.' True it is that
as yet,no mischief has ensued.,
:1 Why. Bemuse fortunately,
I have put a stop to. agitation. knew. that 'there would be
ad outbreak,end so by a Crown prosecution I prevent it." He 1
(Mr. Henn) recollected hearing of a Learned Gentleman once
stating,. in addressing ;jury, " Gentlemen,. I smell a rat, I see
it breWing in the storm ; but if it please God I will crush it in
the bud."—(Laughter..) ~But now to make more particular
reference to his client. Mr: Steele avowed that it was-
his highest privilege to approve of every act of Datiiel
O'Connell, and he would not permit hira to stand there
as his advocate, were he not now, on his past, to repeat
the assertion. What was the charge preferred against -Mr.
Steele. That of. making a certain speech on the 3rd of
October, in 'which he seconded a certain resolution. The
conclusions to which the counsel for the prossecution had
come were as legitimate ea, any ever pronounced by the
splendid Dogberry bimself.—(Laughter.) • Dogberry had
been put into his (Mr. Henn's) mouth, by *bat at college he
was taught to call a concatenation of. ideas. There had
been „so little proved in the present case, and so much said
and- premised, 'that he was reminded of is play of Shake..
speare s called. MucAadoabout Nothing.--(Laughter.) In that
play Dogberry cut a distinguished figure. On one occasion a
witness says--" I heard him say he received 2,000 ducats for
defaming the character of a certain lady." " Black burglary,"
says Dogberry. And when the Counsel for the Crown read
those speeches—" Treason," . says the Attonsey-General.—
(Laughter. ) " Sedition," says the- milder Solicitor, and
" black burglary," says Mr. hoirewster..l-(Great laughter. )
Having first determined on finding the traverser. guilty ef a
seditious conspiracy, the scissors vreie put in requisition ; and
by transplanting to this indictment, from the ephemeral pre.-
ductions of the day,. the . speeches 'of the defearlants, itn-
rnortality was conferred upon them,- He could well con--
ceive with what feelings the clerk' employed on the occasion
performed his duty. The recording angel certainly mast
have blushed • when be gave it in---(Laiighter)—and
monstrosity as well as the. eruel nature of the charge, Must
have induced him, it he had the smallest. amount of sensibility,
to shed a tear upon the occasion and .blot it put for ever.— .
(Laughter.) The Learned Gentleman 'then observed, that
as the preceding speakers had touched-upon every topic
that required notice, he should net,trouble them much further
by going over the same ground. He was convinced of their
integrity and impartiality, and that by their verdict they would
not raise the question Whether the trial by. jury—that palls,-
diem of British liberty—Was only a vainglorious boast, but
that'they would prove that there was not, on the fart of the
whole earth. a country in which .a
person would be more cer-
- taM of obtaining justice Ulan Ireland, and from a jury of IrishProtestents,
!dr. -Humes, on behalf of the junior bar; made a request to
their Lordships, that as the space was not sufficient for theifae-..
commedation, they should have access to the gallery. He did
not think it right-that the gallery should 'be confined to Olds*
only who had tickets.- The junior bar were more particular in
thisreeuest, as Mr. O'Connell was to speak on Monday.
he Cis me JUSTICE said it appeared very reasonable that.
the bar should have every accommodation which they. might
procure. He was aware that 'the High Sheriff had taken
great pains to accommodate all classes of the public who'
wished to hear what took place on that extraordinary trial,-
and he had given admirable accommodation to' that class Of
gentlemen who gave publicity to what took place in that
Court,--they claimed it as their right, indeed, and it was at
once conceded to them. The gentlemen of the bar had like.;
cadence certainly in the place appropriated fur the bar, pro-
vided they went there in their professional dress ; bat he was
of opinion they had no right of precedence whatever over the
public in any other part of the Court. There was a gallery
set apart for persons of distinction; and he apprehended"ea
there saw several Peers of the realm standing in the et titW
. • J
allotted to them. •
'lke Hrou Sneerer requested pertnissien to explain the
rangements he had Made: The members of the bar bad, of
course, the exclusive right to that portion of the Court set
apart for them : - the side gallery and the two rows in the
front gallery' were set apart for Neis arid' their families, and
there would •be a great number of them in attendance on
Monday; and the directions he had given to the' police were'
net to allow barristers as such, in their professioual costume,
to CI the gallery to the exclusion of the general public. The
gentlemen:of the bar had a habit, be supposed a proper 'one,
of asserting their privilegei by' going Wherever they liked
when.they had their caps •and gowns on—(Laughter)—in fact,
they seethed-to expect that wearing their caps and gowns—
Cater J USTICE. =Their wigs and gowns.—( Laughter. )
, Hien .SIIIERUF—AII I, can say is, that I have had the
greatest difficulty in 'keeping order among the gentlemen Of
the junior bar.--(Renewed laughter. )
-11e.r. Justice BuILTON expressed his opinion, consorting with
the, regulations of the Sheriff.
At. four o'clock the Court adjourned till ten on Monday
morning. .

DRITRY.q.AXE THEATRE.—The 'following high so-
ciety have visited this theatre within the last few days to see
Richard the Third and- The Bohemian Girl Most Gra-
cious Majesty, Prince Albert, and suite the Duke and Du-
Chess of Beaufort, Duke of 'Sutherland, Duke' of Brunswick;
Marquis of Douro, Marquis of Worcester; Earl 'of Chester-
field ; General Espartero ; Marchioness of Sligo, Marehloneet
of Conyngham, Earl. and Countess of Wilton, Countess of
Dunmore; Ladies Somerset; Carrington, Wharnclitle, Cecelia
'De Vaux, Lenfiard, Gardiner, Broke Vere, Caroline Cocks,
Graham, Walker •, Viscount Hawarden, Earl of Errol ; Lords
Hillsborough, Gifford, Torrington, .Alfred Paget; A. Fascia-
rence, Castlereagh, Manners, Stanley, Eliot, George Paget,
Henry Lennox, Charles Wellesley, Soaliam,-Auckland, Wen-
Duncannon ; Sir W. W. Wynn, Bart. ; General Sir
Arthur Clifford, Bart.; Sir Thomas Lennard, Bart.; Sir
Simon Clarke, Sir Thomas Gage, Bart. ; Colonel Wylds,
General Meade,. Hon. Paul, Methuen, Hon. Miss Devaux,
lion. Mrs. Scarlett, Count De Wenitta, Count Kielinanseggs,
Sir Benjamin Hall, Bart.; lion. Mr: Griurstone, ecc.; &e, &C-
Mr. Wilson has quite recovered from the attaok.of
hoarseness under which he laboured .last Monday, and Ivy*,
observe that he is to appear at head-quarters to-nightztn
Music-hall. During last week Mr. Wilson gave hrncetet.
tertainmentof Mary, Queen' Scot., -at Itrirtl,
and Cheltenham, with ' great success,
crowded
audiences
greetifig him in those towns.
' CuLLOStrVoir.--The
raillay works at this plVe,
are proceeding with great rapidity-. Vie double rail is I
down for a considerable is mnce westward -from the tovll:
The buildiUgs-for the
but little doubt o
!Lion are progreising rapidly, and
bt the opening of the line
there' can .I.f.e-no!r Times.
tl F,:ceter in April.— IP-este/.
Little did the Crown lawyers
Trig s:TATE
tl4y cotiimence4 their ill-starred prosecution,
that to , entire terms would lie consumed; or of the pro-
now h*:oming violent, that it would not be trough t
to a close; for a fortnight after the present writing. Solos,
iadeed, suppose that it will go on to AU Fool's-day,valga,tly
designated the I§t of. April. We- confess, however, we arts
not. of that ittanher—ltuntan efghirame- has its' limits.
Even the Mt6rney=Getieiar Minot lleht out,—Widilis
Evening Post,