The Sun.
London, England, 1844-01-31 00:00:00

;whether he was a member of the Association, or who paid
r them?
ad? n Yet the Attorney-General calls on you to assume,
presume, that he was a member of the Associa-
tion, if the object of the Cro,n was to arrive at the truth,
Vas their bounden duty to produce this seditious vender of
ous publications. Do you think that Mr. Kemmis, the
LeePectable Solicitor for the Crown, than whom no man dis-
''untfies his duty more faithfully and more respectably,
r,s ot instructed as to who he was and what he was ?
Why, main repeat, was not this vender of sedition pro-
? •He could have told us whether he was
member of the Association, or from what old
17etntY he drew his account. But my learned, acute,
ver friends, perfectly understood their business.
16,17 one knows that even at the assizes such songs and
tmieations were sold by wretched paupers at the corners of
halistreets. He knew that the Attorney• General would not
Ta suggested any coarse that should have the effeet of
—"nig the traversers fall into a trap, or one by which they
knwould be
compelled to call a witness, of whom the traversers
e
" nothing, and of whom the Crown might possibly know
tuneh.
,• Sack an imputation was utterly unworthy of them, and
should only be brought to think so if he should hear the At-
-0,11-General say, in his reply, that the traversers ought to
as their witness this vender of sedition. Mr. Moore had
observed to them on the principles on which a British jury
sh
eerl42 decide. We can all understand that an indictment for
wh• traeY might be justifiable, or the only proceeding by
le individuals could be punished in certain eases. In
Tiii.nfi
.against private individuals for doing a peivate
nt might be necessary t3indict persons for a conspiracy.
In °Persons might conspire to rob a man of his property, and
sit
a ease the concert of their acts might be taken as the
vsit evidence of their conspiracy. Men might be charged
e 2,, offences; of another character, and an indictment for con-
nni might here too be the only remedy. Bat the law of
spumee nstitution looked with jealousy on the doctrine of con-
e.._Y being resorted to as a political instrument in a State pro-
and I again repeat that it becomes a still more ob-
e,„:41118 proceeding—one to be discarded and sCouted from a
igritof justice, when an indictment is founded on three bun-
g /r"Parate acts; the Learned Gentlemen then cited the case
against 411'1 Hunt before referred to. It was an indictment
epi tft Int and nine others, on several counts, for a con-
s° ;MT to disturb the poetic and tranquillity of the country, and
hie'lmte discontent, disaffection, and hatred of the law among
aiesty's subjeets.
C k Ca IR I? Jurrice—Where is the case cited from?
r,! Havonete—From Barnewall and Alderson 536. The
unet,:, ea, not of that indictment was for their attending an
tenient assembly. It is stated, that bodies of persons at-
*4l4 the meeting at Alaacheater appeared in military
'll•Yi•with the step and movement of a military march.
of the
Might, perhaps, account for the anxiety of some
the e Witnesses to prove the military character of
b;_processions to some of these meetings ; it was
tlVl.,:ru'rat bIr.H to brinung t
thand his cem withompanionin the ps.rinciple of this count
The result of this
the„._!as, that five were convicted and five were acquitted,
all the object of the Crown was to get them
eeuenevicted of the
Cocnspiracy. How did they es-
• ten); „the meshes of the net ? Because the jury
convicted teen ought
that thonduct of the five
teen ought to bo visited onc themselves alone ; and
1.73' were not satisfied that any preconceived plan of conspi-
Zvi w" Proved out of subsequent transactions ; stud these
ine Isere convicted, not for conspiracy, but for assembling an
Car assetahlv. The jury repudiated, as dangerous to the
titution, this indicting for conspiracy. Then why was
fo rte,,unt a count in this indictment against the traversers
thhe'reding an illegal meeting? Gentlemen, the ease is
tioe f " neck or nothing" for the Crown ; it wants a convic-
e "tor
t.,..,wnspiracy and therefore it would not insert a count
the —"auk gan unlawful assembly; it thought that if you had
'pant
ilternative you would only find those guilty under that
of the /he did attend such meetings, and acquit them
shone o,euntfie of conspiring. There is another case which
%se ""e same spirit in a British jury. It was that of the
v• Drinkwater, and others, reported in Carrington and
eteate.,s• This, too, was a conspiracy to disturb the peace, and
of ensdacentent and disaffection; the jury rejected the counts
Isere --..w,sPitacY • yet at the meetings in this case, the people
" if any individual should dare to interfere with you,
Inee* "Is heal" How different was the conduct at all the
the ars held by the traversers. A Mr. Vincent made use of
tor him "ring words :—" To your tents, 0 Israel." It was not
see to pat any construction upon these words. They
ghepl to be a favourite quotation, and were mentioned by Mr.
siee'l having been used. In another speech, on another occa-
the b,,;:„. Vincent also said " One heart and one blow, death to
bile'"eged orders ancl'u with the Government which the
have established." This was the language then
of the tury, yet they were net of opinion that the acts
Plan 0„, ceplled were to be attributed to any preconceived.
teed, • conspi____
Feu but arose at the moment out of the pro-
ne, 'its the meeting. They believed that the meeting
to. end eseie, ; they acquitted them of the conspiracy, and
n 0- 4"4 guilty of only attending the unlawful assembly.
end e'itlieorne back to Mr. Ray, and on hie part I statecon
the L. un you to go with me, that there is no act of
07. to be attributed to him in any part of this char g
that ,lest was a legitimate object ; and, independently ef
• at ihZr• Ray attended the meetings at the Corn Exchange
hone secretary of the Association ; and I call on you, as
eenserhie men, to say whether you can reconcile it to your
sh„-n,_eecor say on your oaths, whether in what hr said, or
trite: enoraeter which he appeared,there was anything of the
bat intention ascribed to him in the indictment. He would
4.44co:tretuarie;aret-:o4h!herged the dut he owed to himself and to his
. would not have asserted the principles he avowed
13`ettaieed;nor have fulfilled his duty as the servant of the
had he acted otherwise. All this must, therefore,
verdi`,4 into consideration in finding Your verdict, and that
Tha'' I trust, will be one of acquittal for my client.
freshmen ourt was about to adjourn for a few moments for re-
krt, when
Nee • FITZGIBBON rose, and in a faint and scarcely audible
till m1406(4 as we understood, for the indulgence of the Court
that „morrow, on` the ground of indisposition. He also said,
Ireton' a case of such magnitude, though he knew the jury
!leitLeuxious to attend, yet if they were called on iu such
In 4: anceouion to hear the views of so many persons
•ti e s
stisame day, it might sot be contributive to the ends
,L.
krth.ne CHUM JUSTICE said he felt great unwillingness to press
la Fitzgibbon to go on; he had observed that he had been
trial under of under la severe cold daring a greater part of this
he Court all felt that no undue time had been taken
oy the several twogenlemen who had addressed the Court and
%Liar'', neither of om could complain of the conduct of
r '4"ate• This was an additional reason why Mr. Fitzgibbon's
bleitest to begin his address to-morrow, insteadof to-day, should
, cOncede. The Court would, therefore, adjourn till
s"-,...teorrow.
The Arrouststr-Gustlaat. said he would not for a moment
Zoos Mr. Fitzgibbon to go on, but Mr. Whiteside and Mr.
`Donough still had to address the Court, and he thought one
Of them might go on. One of the traversers, he understood,
Was to address the Court himself. He admitted that the illness
of Mr. Fitzgibbon was quite a sufficient reason for his not ad-
dressing the jury, but he thought it might be desirable that one
of the other gentlemen should do so.
Mr. FITZGIBBON said the Court had been kind enough to
take_, his indisposition into consideration as one of the ingre-
dients of its decision. But he did not found his application
'Pon that. If they forced him to go on be would be prepared,
sad if there were no other reasons but his personal convenience,
he should beg them not to make their rule merely upon that.
Judge By axox—l suppose the counsel for the traversers
ha made some arrangement as to the order in which they
Were to speak.
PMr O!CowNELL—They have ; there has been a certain dis-
osition of forces on this occasion, and another counsel mus
el substituted now.
1,...191EF JIJSTICE--I suppose so. He will then do as I stated at
the case will then be adjourned till to-morrow.
traversers and their counsel then quitted the Court,
"l!kh sat afterwards to dispose of motions.

REPEAL ASSOCIATION.
DUBLIN, MONDAY.
Thedausual weekly meeting of this Association took place to-
hi!
,ln the Conciliation-hall, which was densely crowded be-
,,,, a two o'clock, the hour fixed for the meeting.
-r,l taken by Caleb Powell, Esq.,
iek 111. P fogr The chair
..nnerhe county of
le.lib°llt twenty minutes put two Mr. O'Connell entered, and
'''' greeted with enthusiastic cheering.
Alrer the ordinary routine business was gone through,
11.., ' 0 CoNNELL arose amidst loud cheering.
. He said he
tzmto hand in money from a lady, Miss Ellen Dodd, of
si—,. "town, and moved that she shoud be admitted.—(Car-
-157 ) M. O'Connell handed in various other: subscriptions,
raystiding Mr. Edward Francis Murray, son of Sir arnesMur
thethe
letter was dated from Genoa, and expressed regret
Ilia', the Present Ministers made no attempt to remove or dim-
at e mountain of injustice in Ireland.
a r• O'Conem. again rose, and said he wished to allude to
1%7/Ate le
r that occurred at the sitting of the Court this morning.
ie °l3, O'Connell sought permission of the Court to explain,
o eferenee to what had fallen from his distinguished
become
ill:aet°rdaY, that nothing on earth could induce him to
he I.IY Manner a party to any compromise of repeal. H.e sa d
tlti-lelt. it a personal duty to prevent any misunderstanding on
itZoint, as he never would consent to anything which could,
to a e least dove*, compromise the inalienable right of Ireland
..0 • , .
ofti',acetic and national legislation.—( Cheers. )
r• SMITH O'BRIEN rose amidst loud cheering and waving
r,;.tv, to address; the meeting. He said, as no notice of his
teeteituilitious had been given, be deemed it necessary to put the
tiozi g possession of there, especially as the Tipperary elec.
th 1.%;" at hand The resolutions were then read by
a ort. ~, .
kientleman, as follows
14`eellesolved, that inasmuch as it will greatly conduce to the
Deal "el mir national eause, if candidates favourable to a Re-
-atie i
vi, of the. IJuion be relieved from all expenses connected with
te b
.e eetions, and as, in the present state of the law relative
str4eerY, the choice of the electors may be defeated by the
ing ~.:t expenditure on the part of the candidates an provid-
lt-re,hment for voters or in conveying them to the poll
in th?ruestly recommended by the Repeal Association that,
weer ',event of a Contest for any county, city, or town, the
char al Parishes should send their voters to the poll free of all
hci te, direct or indirect, to the candidate chosen by the
"Ple, to
4. That n'phold the cause of our country.
kofe fiat the thanks of this Association be tendered to those
i u b e7lienal agent! who shall volunteer their gratuitous services
~ "If of candidates favourable to a Repeal of the Union.
at •
other in Cu. any intimidation be used by landlords or.
4,1_, toe revent electors from voting for such candidates, it
ti:,7,irshlthat all the cireamstances conneeted with such ip-
llation should be made known to the Repeal Association. '
the set %M. Gentleman said he congratulated the meeting on
lortooltte Proeeeutions, which afforded the Irish people the op-
repearept,' 7Of Putting on record the wrengs which caused the
l thul...3venaez.it. Those prosecutions had rallied around I
core to '''' true friends of freedom of discussion. He would net
that tent nn the coaduet of the Government, or say whether
ebotihianduct was calculated to excite respect or contempt. He
er th 11" comment en the defence, so far as it had proceeded,
had eett magnificent speech of the distinguished advocate who
t'its slc;idressed the Court on Saturday, aid who insisted that it
Uo th_ the the
nor the Catholic, not the aristocracy:
forltst.ee democracy, but the union of both, that was required
sh • ea", freedom, and prosperity to Ireland.—(Cheers.)
but thcillethi not refer to the result of the trial now pending,
:estlllitto e Would say, that either result, a conviction or an
'Or it ~.::‘ ' !'lollld be equally disastrous to the Government,
trio. -":, in reality, the Government that were upon their
who
In 4111 tO air.
O'Connell his position was that of a man
btlze "be elevated even still hiEher in public opinion, and in
ile ‘l4;l4.de_°°?,..and affection of his conntrymen..—( Cheers.
ecreaoitriuu Learned Gentleman then proceeded to refer. to
tiectious ' ults in detail, showing their advantage in rendering
ti ilar more pure and independent. Resolutions exactly
Vecrli e4retiFeenrsatscadtbj
,ilieoeppele
of
fp-I of L' erick and it was by
..,
~,Y little goer . people
wouldim obtain a triumph.
"i fro .... Qom had, hould say, been y the peop e
!elltitti.vpusit II indeed any coreion at all, to compeltheir repro-
`hat at ° ImPport a repeal of the union ; but he should say
Tsheeeiresolohteittict geperal -election such would not. be th.e case.
4itia red the a- he had submitted to their consideration had.
;i.t ageietsi__Cpproval of him to whom they all looked for advice
silo%
tqioluetiq , and of the committee of that Association. The
en'an concluded by moving the adoption of the
Alr. ;,-,'
Pro •-oNNELL
se P"ed b„ ~ rose, he
said,
he to , ma talented to second the resolutions
the be ma
b and patriotic friend, and if they
sor, he would because ho (Mr. O'Connell) approved of
7artt by his
friend
most unfeignedly say, their being brought
11mlratiott of Inend ought to ensure them the respect and
_2' .Muncent the
peolple. Mr. O'Brien came amongst them
41 Itupoutis Peri , and whatever might be the result of
I Stat° trials, tie people of Ireland would sot