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

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—whether he was a member of the hisiecialgin. or who paikii
! for them? Yet the Attorney-Genesittilst!es'i •
to infer, and presume, that he was a. meta - oetal
tion. If the object of the Crown was, to. at-the tenth,
it was their bounden duty to produce this aid tiOus'iender of
infamous publications. Do you think that Mr. Kemmis, the
respectable Solicitor for the Crown, than whom no man dis-
charges his duty more faithfully and more respectably,
was not instructed as to who he was and what he was?
Why, I again repeat, was not this vender of sedition pro-
duced? He could have told us whether he war
a member of the Association, or from what old
history he drew his account. But my learned, acute,
clever friends, perfectly understood their business.
Every one knows that even at the assizes such songs and
publications were sold by wretched paupers at the corners of
the streets. He knew that the Attorney-General would not
have suggested any course that should have the effect of
making the traversers fall into a trap, or one by which they
weld.' be compelled to call a witness, of whom the traversers
knew nothing, and of whom the Crown might possibly know
much. Such an imputation was utterly unworthy of them, and
he should only be brought to think so if he should hear the At-
torney-General say, in his reply, that the traversers ought to
call as their witness this vender of sedition. Mr. Moore had
observed to them on the principles on which a British jury
should decide. We can all understand that an indictment for
conspiracy might be justifiable, or the only proceeding by
which individuals could be punished in certain cases. In
proceeding against private individuals for doing a private
wrong, it might be necessary tsindict persons for a conspiracy.
Two persons might conspire to rob a man of his property, and
in such a case the concert of their acts might be taken as the
only evidence of their conspiracy. Men might be charged
with offences of another character, and an indictment for con-
spiracy might here too be the only remedy. But the law of
the Constitution looked 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 ob-
noxious proceeding—one to be discarded and scouted from a
court of justice, when an indictment is founded on three hun-
dred separate acts; the Learned Gentlemen then cited the ease
of Ham's' Hunt before referred to. It was an indictment
against Hunt and nine others, on several counts, for a con-
spiracy to disturb the peace and tranquillity of the country, and
to excite discontent, disaffection, and hatred of the law among
his Majesty's subjects.
The CHIEF STlCE—Where is the case cited from?
Mr. HATCH ELL—From Barnewall and Alderson 536. The
fourth count of that indictment was for their attending an
unlawful assembly. It is stated, that bodies of persons at-
tending the meeting at Manchester appeared in military
array, with the step and movement of a military march.
This might, perhaps, account for the anxiety of some
of the witnesses to prove the military character of
the processions to some of these meetings ; it was
in order to bring them within the principle of this count
against Mr. Hunt and his companions. The result of this
trial was, that five were convicted and five were acquitted,
though the object of the Crown was to get them
all convicted of the conspiracy. How did they es-
cape the meshes of the net ? Because the jury
took it for granted that the conduct of the five
convicted men ought to be visited on themselves alone ; and
they were not satisfied that any preconceived plan of conspi-
sacy was proved out of subsequent transactions; and these
five were convicted, not for conspiracy, but for assembling an
illegal assembly. The jury repudiated, as dangerous to the
Constitution, this indicting for con piracy. Then why was
there not a count in this indictment against the traversers
for attending an illegal meeting? Gentlemen, the case is
either "neck or nothing" for the Crown ; it wants a convic-
tion for a conspiracy, and therefore it would not insert a count
for attending an unlawful assembly; it thought that if yon bad
the alternative you would only find those guilty under that
count ;she did attend such meetings, and acquit them
of the charge of conspiring. There is another ease which
shows the same spirit in a British jury. It was that of the
Queen v. Drinkwater, and others, reported in Carrington and
Payne. This, too, was a conspiracy to disturb the peace, and
create discontent and disaffection; the jury rejected the eonnts
of a conspiracy ; yet, at the meetings in this case, the people
were told, " if any individual should dare to interfere with you,
break his head." How different was the conduct at all the
meetings held by the traversers. A Mr. Vincent made use of
the following words :—" To your tents, 0 Israel." It was not
for him to put any construction upon these words. They
seemed to be a favourite quotation, and were mentioned by Mr.
Sheil as having been used. In another speech, on another occa-
sthioen; rAi Iv ri
eNg. iendc eonr
dt
ea
rl ss sa ani
dd , O
up wni
teh heart
the
Ga nodv
eo
rnne
mbel
no
tw
whdeicahthetole
people have established." This was the language then
before the jury, yet they were not of opinion that the acts
of the accused were to be attributed to any preconceived
plan or conspiracy, but arose at the moment out of the pro-
ceedings of the meeting. They believed that the meeting .
was illegal ; they acquitted them of the conspiracy, and
found them guilty of only attending the unlawful assembly.
I now come back to Mr. Ray, and on his part I state
and call on you to go with me, that there is no act of con-
spiracy to be attributed to him in any part of this charge.
His object was a legitimate object ; and, independently of
that, Mr. Hay attended the meetings at the Corn Exchange
as the secretary of the Association ; and I call on you, as
honourable men, to say whether you can reconcile it to your
consciences,"or say on your oaths, whether in what he said, or
in the character in which he appeared,there was anything of the
criminal intention ascribed to him in the indictment. He would
not have discharged the duty he owed to himself and to his
country—he would not have asserted the principles he avowed
and entertained,'nor have fulfilled his daty as the servant of the
Association, bad he acted otherwise. All this must, therefore,
be taken into consideration in finding your verdict, and that
verdict, I trust, will be one of acquittal for my client.
The Court was about to adjourn for a few moments for re-
freshment, when

Mr. FITZGIBLON rose, and in a faint and scarcely audible
voice, applied, as we understood, for the indulgence of the Court
till to-morrow, on the ground of indisposition. He also said,
that in a case of such magnitude, though he knew the jury
were anxious to attend, yet if they were called on in such
quick succession to hear the views of so many persons
in the same day, it might not be contributive to the ends
of justice.
The CHIEF JUSTICE said he felt great unwillingness to press
Mr. Fitzgibbon to go on ; he had observed that he bad been
labouring under a severe cold during a greater part of this
trial. The Court all felt that no undue time had been taken
up by the several gentlemen who had addressed the Court and
the jury, neither of whom could complain of the conclact of
counsel. This was an additional reason why Mr. Fitzgibbon's
request to begin his address to-morrow, instead of to-day, should
be conceded. The Court would, therefore, adjourn till
to-morrow.

The ATTORNEY-GENERAL said he would not for a moment
press Mr. Fitzgibbon to go on, but Mr. Whiteside and Mr.
Al'Donough still had to address the Court, and he thought on•
of them might go on. One of the traversers, he understood,
was to address the Court himself. He admitted that the illness
.A Mr. Fitzgibbon was quite a sufficient reason for his not ad.
dressing the jury, but he thought it might be desirable that oats
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
upon that. If they forced him to go on be would bo prepared,
and if there were no other reasons but his personal convenience,
he should beg them not to make their rule merely upon that.
Judge BURTON-1 suppose the counsel for the traverser!
have made some arrangement as to the order in which they,
were to speak.
Mr. O'CONNELL—They have ; there has been a certain dis-
position of forces on this occasion, and another counsel sus
be substituted now.
CIIIEF JUSTICE—I suppose so. He will then do as I stated at
first; the case will then be adjourned till to-morrow.
The traverser!! and their counsel then quitted the Court,
which sat afterwards to dispose of motions.

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