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

:--_Whether he was a member of the Association, or who paid
fo
them? Yet the Attorney-General calls on you to assume,
tinter, and presume, that he was a member of the Associa-
lf the object of the Cro n was to arrive at the truth,
!, was their bounciest duty t,o produce this seditious vender of
Infamous publications. Do %'ou think that Mr. Kemmis. ine
respectable Sn%eitor for thb;Crown, than whom no man dis-
!barges his duty more faithfully and more respectably,
re not instructed as to:. who he was and what he was ?
d Y, I again repeat, was not this vender of sedition pro-,
need? He could have told us whether he was
t, Member of this Aianciatio_,n or from what old
iah3r3! he drew his accannt. But my learned, acute,
L,veer friends, perfectly understood their business.
one knows that evett'at the assizes such songs and
~epublicationsr were sold by wren! paupers at the corners of
streets. He knew that Attorney-General would not
hate suggeted any course that should have the effect of
making the traversers fall. into a trap, or one by which they
I °lli be compelled to e:all a witness, of whom the traversers
_e_ew nothing, and V whom the Crown might possibly know
rich- Such an imputation was utterly unworthy of them, and
he should only tie brought to think so if he should hear the At-
elpeY-Gene..eal say, in his reply, that the traversers ought to
.1)1 a, witness this vender of sedition. Mr. Moore had
yuridvod to them on the principles on which a British jury
decide. We can all understand that 3.n indictment for
seiracy might be justifiable, or the only proceeding by
waieh individuals could be putaished in certain cases. In
reeeeding against private ir,dividuals for doing a private
on Tr,,eg, it might be necessary toindict persons for a conspiracy.
Persons might conspire to rob a man of his property, and
iu sech a ease the concert o,f their acts might be taken as the
Sty evidence of their conspiracy. Men might be charged
Ith offences of another character, and an indictment for con-
Ziraey might here too, be the only remedy. But the law of
e Constitution 1001-,,ed with jealousy on the doctrine of con-
spiracy being resorted to as a political instrument in a State pro-
secution ; and I again repeat that it becomes a still more oh-
'4lous procee'n,ing—one to be discarded and scouted from a
t:tirt of justice, when an indictment is founded on three bun-
f re
nd seParP:ce acts ; the Learned Gentlemen then cited the case
"aur-st Hunt before referred to. It was an indictment
against, hunt and nine others, on several counts, for a con-
tote lreite discontent, disaffection, and hatred of theco law among
'3 nlajesty's subjects.
De CHIEF JUSTICE—Where is the case cited from?
fa +or HATcnELL—From Barnewall and Alderson 536. The
unlawful
count of that indictment was for their attending an
assembly. It is stated, that bodies of persons at-
:T'ding the meeting at Manchester appeared in military
bOY,
mwith the step and Movement of a military march.
1, ight perhaps, accOunt for the anxiety of some
ft, the witnesses to prove the military characteo of
54 rocesions to some Of the meetings ; it was
°rdper tos bring them within thees principle of this count
t4ainst Dir. Hunt and his companions. The result of this
44'1 ;was, that five were convicted and five were acquitted,
airgb the object of the Crown was to get them
convicted of the conspiracy. How did they es-
e the meshes, of the net ? Because the jury
it for gra•ated that the conduct of the five
Znvicted men our.,ht to be visited on themselves alone ; and
were not satisfied that any precoaceived plan of conspi-
in' was proved out of subsequent transactions; and these
Itie were convieited. not for conspiracy, but for assembling an
Ili
a"etnbl'i., The jury repudiated, as dangerous to the
th t'gtitution, %his indicting for con piracy. Then why was
t!" not a count in this indictment against the traversers
attenc'.in,, an illegal meeting? Gentlemen, the case is
tither " neck or nothing" for the Crown ; it wants a convic-
t -4 7?or a conspiracy, and tht,refore it would not insert a count
tc,.)r act ending an unlawful assembly; it thought that if you had
t" a.'ternative you would .Pnly find those guilty under that
of who did attend soch meetings, and acquit them
the charge of conspiring. , There is another case which
taws the same spirit in a d3ritish jury. It was that of the
ifusen V. Drinkwater, and others, reported iu Carrington and
aYrie- This, too, was a conspiracy to disturb the peace, and
create
discontentand disaffection; the jury rejscted the counts
4 COnsplr?.ey ; yet, at the meetings in this case, the people
i;ere told, any
individual should dareo interfee with you,
ri'eak. his 'head. a"
How different was the conduct at all the
t the'tings held by the traversers. A Mr. Vincent made use of
!,); ft,llowing words :—" To your tents, 0 Irael." It was not
le him to put any construction upon these words. They
some to be a favourite quotation, and were mentioned by Mr.
sio I as having been used. In another speech, on another occa-
thnsl4.lr. Vincent also said, " One heart and one blow, death to
b:Privileged orders, and up with the Government which the
V,i°l.4 have established." This was the language then
?I'e the jury, yet they were not of opinion that the acts
11,,1ue accused were to be attributed to any preconceived
,e71,-er conspiracy, but arose at the moment out of the pro-
-4d
'ngs of the meeting. They believed that the meeting
; they acquitted them of the conspiracy, and
r them guilty of only attending the unlawful assembly.
Ilk,,°'", come back to Mr. Hay, and on his part I state
tb; 'All on you to go with me, that there is ne act of con-
yraeY to be attributed to him in any part of this charge.
lt object was a legitimate object; and, independently of
at, Ale. Ray attended the meetings at the Corn Exchange
1,3 the secretary of the Association ; and I call on yon, as
tLanurable men, to say whether you can reconcile it to your
ir.,,rienee., or say on your oaths, whether in what he said, or
,;.",e character in which he appeared,there was anything of the
-lainal intention ascribed to him in the indictment. He would
tt), have dist.harged the duty he owed to himself and to his
ittantry_he
would not have asserted the principles he avowed
4:lsoeen.te.rte:tried;rior have fulfilled his duty as.the ,ervant of the
be tatir,se had he acted otherwise. All this must, therefore,
str taken into consideration in finding sour verdict, and that
dtet I trust, will be one of acquittal for my client.
Tset ~!'e 'Court was about to adjourn for a few moments for re-
xrnent, when
vo:'.4r* FITz attinoN rose, and in a faint and scarcely audible
tire, appliQd, as we understood, for the indulgence of the Court
tba,t4;inorrow, on the ground of indisposition. He also said,
er,r` a case of such magnitude, though he knew the jury
• anxious to attend, yet if they were called on in such
!Niel
th succeision to hear the views of so many persons
e same d• •it might not be contributive to the ends
Justice.
Arlie Ct,l Qg JUSTICE said he felt greatunwillingness to press
t46' t:tlzgitsbon to go on; lie had observed that he had been
rial, "Itc under a seiere cold during a greater part of this
The Court all felt that no undue time had been taken
bythe , the several gentlemen who had addressed the Court and
JerY. neither of whom could complain of the conduct of
coon el. This was an additional reason why Mr. Fitzgibbon's
be tribegirthis address to-morrow, instead of to-day, should
r conceded. The Court would, therefore, adjourn till
ee-morrow.

The ATrORNEY-GENERAL said he would not for a moment
*tress Mr. Fitzgibbon to go on, but Mr. Whiteside and Mr.
`Donough still had to address the Court, and he thought one
tf them might go on. One of the traversers, be understood,
'tvas to a (dress the Court himself. lie admitted that tl.e illness
‘,l Mr. Fitzgibbon was quite a sufficient reason for his not ad-
'aressing the jury, but he thought it might be desirable that one
of the other gentlemen should do so.
llr. FITZGIBBON said the Court had been kind enough to
dze his indisposition into consideration as one of the ingre-
nts of its decision. But he did not found his application
Upon. that. If they forced him to go on he would be prepared,
11.,t'd if there were no other reasons butis onal convenien
"houlit them not to make their rule merely ce,
upon that.
hay udge PAT itzoN—l suppose the counsel for the traversers
e "'lade some arrangement as to the order in which they
ere to si,eak.
O'CoNNELL—They have ; there has been a certain dis-
""en. of forces on this occasion, and another counsel mus
substituted now.
Cii .
frst JUSTICE—I suppose so. He will then do as I stated at
The traverser'. and their counsel then quitted the Court.
whi
,(11 sat afterwards to dispose of motions.

REPEAL ASSOCIATION.
The • DUBLIN, MONDAY.
oual weekly meeting of this Assoc:ation took place to-
folf; to the Conciliation-hall, which was densely crowded be-
atwo o'clock, the hour fixed for the meeting. The chair
taken by Caleb Powell, Esq , M.P. for the county of
crick.
waA,.. bout twenty minutes past two Mr. O'Connell entered, and
sllroeted with enthusiastic cheering.
tr
Or the ordinary routine business was gone through,
'Coririeer, arose amidst loud cheering. He said he
11- to hand in money from a lady, Miss Ellen Dodd, of
wnstown, and moved that she should be admitted.—(Car-
-0r01') Mr. O'Connell handed in various other subscriptions,
lo,,,l'diug Mr. Edward Francis Murray, son of Sir James Mur-
b: Whose letter was dated from Genoa, and expressed regret
sh the present Ministers made no attempt to remove or dimi-
hithe mountain of injustice in Ireland.
e.,P* Cl'Cosrieree again rose, and said he wished to allude to
lit.74tter that occurred at the sitting of the Court this morning.
John O'Connell sought permission of the Court to explain,
ma'eferenee to what had fallen from his distinguished counsel
'Aturday, that nothing on earth could induce him to become
he
ei manner a party to any compromise of repeal. He said
this t it a personal duty to prevent any misunderstanding on
in ten_ int, as he never would consent to anything which could,
e least degree, compromise the inalienable right of Ireland
idomestic and national legislation.—(Cheers.)
hate, SMITH O'BRIEN rose, amidst loud cheering and waving
goe address the meeting. He said, as no notice of his
loat Miens had been given, he deemed it necessary to put the
tio,ting in possession of them, especially as the Tipperary elec.
th :as so near at hand. The resolutions were then read by
e
1-,°ll. Gentleman, as follows :
N' rtesolved, that inasmuch as it will greatly conduce to the
ptai ess of our national cause, if candidates favourable to a Re-
-I.ll— of the Union be relieved from all exin uses connected with
telections, and as, in the present state of the law relative
st°ro PberYs the choice of the erectors may be defeated by the
st,a test expenditure on the part of the candidates in provid-
it for voters or in conveying them to the poll ;
jill,tt,e earnestly recommended by the Repeal Association that,
eventof a contest for any county, city, or town, the
seuivrr eel prishes should send their voters to the poll free of all
Vi direct or indirect, to the candidate chosen by the
to ui.hold the cause of our country.
Ivor hat the thanks of this Association be tendered to those
iestsinnal agents who shall volunteer their gratuitous services
lA,, half of car.didates favourable to a Repeal of the Union.
oth.:l4t in case any intimidation be used by landlords or
is des to prevent electors from voting for such candidates, it
sid tralsle that all the circumstances connected with such in-
theation should be made known to the Repeal Association."
se Hon. Gentleman said he congratulated the meeting on
pent, l'te posecutions, which afforded the Irish people the op-
etpery of putting on record the wrongs which caused the
Innvernent. Those prosecutions had rallied around
•the true friends of freedom of discussion. He would not
that'eot on the conduct of the Government, or say whether
shoorduct was calculated to excite resreet or contempt. He
or th., not comment on the defence, so far as it had proceeded,
lAA ad- Pagnificent speech of the distineuished advocate who
boeressed the Court on Saturday, ah who insisted that it
the Protestant nor the Catholic, not the aristocracy
to en democracy, but the union of both, that was required
ste l'aces freedom, and prosperity to Ireland.—(Cheers.)
het ,1.9_114 Dot refer to the result of the trial now pending,
itesinT:,_,ll he would say, that either result, a conviction or an
for'it'44l, would be equally disastrous to tl e Government,
teal, ways in reality, the Government that were upon their
e,,h As to Mr. O'Connell, his position was that of a man
th: must be elevated even still higher in public opinion, and in
The ”ufidence and affection of his conntrymen.—(Cheers. )
his 4180°Inu•tiarid Learned Gentleman then en proceeded to refer to
0.l .
tleetiogs s detail, showing their advantagein rendering
more pure and independent. Resolutions exactly
such
were passed by the peo le of Limerick, and it was by
U exertions that the people of Ireland would obtain a triumph.
Very little goe!cion had, he should say, been made by the people
tif. Ireland,
s,ntativ_ if indeed any coercion at all, to compel their repre-
p„, at the next
tlsot es to support a repeal of tbe union ; but he should say
general election such would not be th.e case.
resolutions he had submuted to their consideration had
received the
.I!_scatsapprovald of him to whom they all looked for advice
Ron' Gentleman
on of the cominit.ee of that Association. The
-lentleman concluded by moving the adoption of the
resolutions.
Mr, o,c__
mpropoted
ruNELI. rose, he said, to second the resolutions
ere to 1,:)Y, his talented and patriotic friend, and if they
Inlt•ed because he ( Mr. O'Connell) approved of
fur, ' .•. I.• •
ard • brought
ortruira,' his friend ought to ensure them the respectb and
.11wIhr
tev O'Brien
migchatmbee amongst them
ht
ina trots
pof the
i 1 people.
r°l44ung state trials, the people of Ireland would not