The Sun.
London, England, 1844-02-03 00:00:00

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_ _

THE STATE TRIALS.

SIXTEENTH DAY.

(FROM OUR OWN REPORTERS.)
DUBLIN, THURSDAY, FEB. 1.

Conductor of OL Sittsic., T. Wxllis, MA& Doe.
• AZlnlcssfoil ; Schools lia!f-krie. • •

COURT OP QUEEN'S BENCH.

THE QITEEN V. DANIEL O'CONNELL AND OTHERS.

Mr. Witerssine, the counsel for the editor of the Nation,
commenced his address to the jury at a quarter past ten
o'clock, and said he wished that Mr. Duffy had selected from
among his brethren of the bar, and among whom there could
be found so many possessing superior talent, one more com-
petent to advocate his cause ; his inferiority to others was
greatly increased by the disparity which existed between his
humble abilities and the arduous task which was committed to
him to discharge. Nevertheless, being assured of the con-
scientious feelings of the jury, being convinced of their intelli-
gence, and satisfied of their anxiety candidly to hear whatever
might be urged on the behalf of the accused, from whatever
quarter it might proceed, he had come to the resolution to un-
dertake the present duty. The crime alleged against the several
defendants was a crime of a peculiarly defined character.
If that peculiar crime, as it was explained and described on the
face of the indictment, be not clearly and distinctly proved,
no matter what might be the other supposed offences of the
traversers—no matter what might be, even by possibility,
suggested that they might be guilty of—they would be bound
to acquit them of the present indictment. To find men
guilty of one charge because it *4- be surmised that, by pos-
sibility, they may be accused or gliitty of another, would be to
violate the law—to violate the justice of the case—from the
strict line of that duty they (the jury) were not to swerve.
He would say it with deference that they were not to re-
member any one word which was spoken or written by the
traversers, or by any one of them, which was not proved in
the indictment against them on the present occasion.
The crime of which the traversers was accused was
that of a conspiracy. In the proper acceptation of that word
there was nothing criminal in it—it simply meant having one
speech —that there was one prevailing idea, and that of com-
mon consent among men, for the accomplishment of a common
object—but a community of sentiment on political subjects
was not criminal. Associations existed in the present day,
literary, scientific, religious, and benevolent—the object of all
was to accomplish a given end, and for this they concen-
trate their opinions and strength, that they might bring
them to,hear on a particular or a common object—and which
otherwise . they neYer could accomplish. Gpvernments, it
was Well!lsnown, Were always biassed against, and adverse to,
popular movements—,they_were, always repugnant to change
—,sao that very great efforta=a great concentration of .opipion
was necessary to ,fil?tain from them that which parties might,
regard as 'beneficial.' rt means thai the'"viltsest'
reforms were effected, and the grandest trumphs in humanity
were accomplished, and the most righteous and wisest projects
had been achieved. In ordinary cases, where men are charged
with particular crimes, they are to be proved guilty by what
they themselves had done ; and the evidence by which they
were to be convicted was to be strict and rigid, and the facts
prescribed were to be all prescribed by law. But, as was seen
in this crime of conspiracy, one man is affected not by what he
has done himself—not by what he has spoken himself—not by
what he has committed himself, but by what others may have
done or spoken—that is, some may suffer not the consequences
of their own acts or of their own speeches, but they may suffer the
consequences of the conduct of others. That men should suffer
the consequences of their own conduct was natural and right,
because a man can control either his own language or his
own conduct; but it was difficult to understand why persons
should be held responsible for the acts of others over whose
movements they could have no control—whose tongues they
can neither silence nor cheek—over whose actions they have
neither authority nor power. If in ordinary cases that ob-
servation was founded in good sense, it was of more weight
when applied to the charge of political conspiracy. It war,
therefore, necessary for the jury to be on their guard; for
why should the incautious language, or the improper actions
of one man be visited on another, because that the other
man may happen to be an obnoxious individual ?
The traversers were accnsed of having conspired to exei:e
discontent and disaffection among her Majesty's subjects.
He should have occasion to comment on every part of the
indictment. The terms of that indictment were, t. that the ac-
cused had devised to raise and create discontent and disaffec-
tion amongst the liege subjects of the Queen, to promote
feelings of towards her Majesty's subjects in England,
to excite disaffection in the army, and to cause large meet-
ings to be held for the unlawful purpose of obtaining, by
means of the intimidation to be thereby caused—by means of
the demonstration of great physical force at such assemblies, to
bring into hatred and disrepute the Courts of Law established

case the jury had the good sense to aequ:t the prisoner. In the
next case referred to an action was brought againt the military.
The Learned Judge said, " If they acted on a warrant they
were themselves under the circumstances of the case justi-
fied ; in truth, these persons would be entitled to their
acquittal, acting as they did in pursuance of the warrant,
although the parties granting the warrant might not." The
next case referred to conspiracy, and in support of the plea
evidence was required as to whether a person felt any
alarm during the proceedings of the meeting. He was
asked whether he would go with these persons to get a big
loaf for a little one. He said they would have reform in
Parliament, and make their way to London to effect that.
purpose; and that they would make use of the property of
propertyf
tlownseelpeeirrsoranasrephrocaesedetld'ety went
a person who signed a paper which
hoR on
ei Ystbel
Evidenceneti Y
oo whoat4l i
was.
e Aboutmahlagodi
sgt
magistrates,
ay7te
eb oy
expressing the terror and alarm which
he experienced in consequence of those parties meeting for
drill. It was also proved in evidence (page 96) that im-
pressionsmade
In page 9
on the inha bi -
one o
Hunt
te presided. f
these counts drillings
em i
tterror t
iis meeting
gs and alarm
whicha
n w
are alleged, which are stated to be clandestine, but whe-
tfn thet by
charge a o
arf g ee
whe-
ther they are clandestine or not I give no opinion ; but if
done for the purpose of overawing the Government, or ex-
citing tumult or resistance to the citil power, they would
he unlawful. It is also alleged that divers of those persons
assembled unlawfully, armed • with stones and various
weapons, to carry out this conspirocy." In page 102, he
says—" If they came armed, so as to terrify other per-
sons, that in itself would be an unlawful assembly."
His Lordship then referred to the memorable case of
Lord George Gordon, and the vast meeting of people
iu St. George's-fields, and said—" There were called toge-
ther an immense number of persons in St. George's-fields.
(Kennett was then Lord Mover of London.) They met for
the ostensibly legal purpose of petitioning Parliament not to re-
peal the Acts passed in favour of Roman Catholics. Lord
Gordon went with their petition to the House of Commons.
They accompanied him there. There was nothing amiss in
that"-70,000 or 80,000 people ineetinK in London, and
speeches being made in a very vehement, if not in a very vio-
lent manner, and then going en masse to the House of Com-
mons, was not amiss—" except it was indiscreet, because it
had the appearance of being tumultuous; and if they were not
satisfied with the result, some of them might break forth into
acts of violence." They were not satisfied ; they broke
out, and we know the result—confusion in London
for an immense number of days. He (Mr. White-
side) would not trouble their Lordships by stating
the judgment of the Court on the matter of drill-
ing. In the case of the King v. Hunt, 3d Barnewall
and Alderson, the parties were indicted for a conspiracy.
The evidence was not given in the Report ; but the result was
given, which was that the accused were acquitted of the con-
spiracy, but found guilty of being at an illegal assembly. He
.(Me. Whiteside) had procured a,report of; evidence, with
the view of showing en what evidence the Court and jury came
to such a eorichision: 'The: Lisained Gealerriati'thin produced_
a history-oLthn life of,Herdy Hunt, which .contaiPeit,all... ac-•
couptof his trial, from,which he (Mr, W,) read the evidence
of several witnesses exatiiined` fur the prosee'ulidn.' The-evis
dente was to this effect—that a meeting was held in Spital-
fields, London, at which aeeries of resolutions were adopted.
The first of these was, that if the grievances of the people were
not redressed within a given day, and the Parliament re-
formed, they (the persons composing the meeting) would
be all released from their allegiance. That Mr. Hunt vore-
sided at that meeting, and afterwards at a meeting in Man-
chester, at which the same resolution was proposed and carried.
It was also resolved that they should meet together to elect re-
presentatives for Manchester. They did so without any writ
fr"m the Crown, and the magistrates declared that meeting
illegal. On the night of the 14th of August, 1819, they met
on White Moss, where they were drilled. Two policemen
were present, and having been discovered were severely beaten,
but their lives were spared on their promising never to be
King's men again, and never to name the King's name during
their lives. On the morning of the 16th they mot in Man-
chester. They came to the place of meeting with flags and
banners, marching in military array, with sound of bugle, &o.
Threats of making a Moscow •f Manchester were heard.
Several mottos of a seditious character were inscribed
on their banners, and great terror and alarm was ex-
cited. A controversy arose 8n the trial as to how far
all the persons at the meeting were affected by the inscriptions
on the banners. Justice Bayley, who charged the jury, ob
served on this point—" With respect to the banners, these
only who showed that they were favourable to any motto in-
scribed on them by carrying them, or immediately marching
under them, could be considered as Lable to any penalty which
the illegal nature of any of the inscriptions might warrant."
He (Mr. Whiteside) called particular attention to that part of
the charge, because in the present case evidence was adduced
of an arch that was erected, on which was a motto, and that
motto was brought. forward as evidence of the illegal intentions
of persons going to that assembly. Having commented with
severity on the resolutions passed at the meetings at Spital-
fields, the case went to the jury ; and on that charge and those
facts they acquitted the defendants of the crime of conspiracy,
and found them guilty of attending an unlawful assembly.
The Learned Gentleman next referred to the case of the Queen
v. Vincent, 9 Carrington and Payne, p. 91, a case which the
Attorney-General did not cite.
The Cuter JUSTICE—IIe did.
_ _

rp HE NEXT—DISTRIBUITQN of MONEY-.
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Direct for PROSPECTUS with full particulars, WITHOUT DELAY,to
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The CORDIAL BALM of SYRIACUM is exclusively di-
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.. .
in Ireland, with the intent to induce her Majesty's subjects
to withdraw the adjudication of their differences with, aed
claims upon, each other from the cognizance of the said
Courts of Law established, and to submit the same to the
judgment and determinion of other tribunals to be consti-
tuted and contrived for that purpose." Now, it was that
single crime of conspiracy that the jury had to try—they
were to ascertain whether the accused were guilty of having
entered into a conspiracy to do the precise acts, the very speci-
fied things described and particularised in that most extraordi-
nary, unprecedented, and unheard-of indictment. The
Attorney-General, whom, he thought, had stated his case with
great moderation and temper, and, he would add, with firmness
and candour—the Attorney-General commenced his address,
as might have been expected, by a statement of the principles
and the authorities which he said were necessary to explain the
subject-matter of the accusation. As to general principles,
they afforded but little opportunity for dispute. It was the ap-
plication of those princiules to the facts of the ease on which
he should comment. As to the short definition of conspiracy
that had been given, no doubt could be entertained. Conspiracy
a legal object by illegal means,
or
rieanstn thilelegaacicoombrelcishintbgy
quoted (the King v. James) legal means. The first case
had not the least analogy to the
present accusation. It was an indictment against a bank-
rupt, charging him with conspiracy to conceal a part of his
personal estate, and that an illegal act had been committed.
Lord Denman stated that that indictment ought to show that
an unlawful act had been done by unlawful means. Certain
it was that the indictment in the present instance did not so
demonstrate. In the second case adverted to, several per-
sons dined together; they pursued that common object with
industry and perseverance—( Laughter) they agreed to sup
together ; they confederately pursued that common object
also with perseverance and industry : they finally determined
'to go to the play, and, having gone to the play, one of them
having a rattle, rattled it; another having a whistle,
whistled
it ; a third had a neck of a broken bottle, and he suffered his
ultra-Protestant principles to go so far that he threw it on
the stage at the theatre. They were all tried for a conspiracy.
The grand jury ignored the bills. The Attorney-Gene-
ral, nothing daunted, referred the - matter to a jury.
The formidable case of conspiracy was accordingly tried, and
no verdict was returned, except that acquitting Mr. Browelow.
The next case he conceived to be more applicable. It was the
King v. Murphy, and it was stated—" If you believe the acts
done were done without a common design between the parties,
this charge of conspiracy cannot be supported. The common
design—that is to say, to do an illegal act specified—is the
root of the charge ; if you find that these two persons
pursued
by their acts the same object, often by the same means,
one performing one part of the act, and another performing
another part of the same act, so as to completed it, with a
view to accomplishing a certain object, you are at liberty
to draw the conclusion that the parties were engaged in
a conspiracy to effect that object." He had to observe that
the object to be gained was in the case just cited an
illegal object, because the•persons agreed together to prevent
the collection of a certain rate, and to obstruct an indivi-
vidual in his duty—that is, the collection of the rate—and to
take from him the property he had seized. The object, he
repeated. was an illegal one, and it was declared that one per-
son_ at one moment having done part of the act, and another
having contrived to complete the act, they (the jury) then
thewere
at liberty to come to the conclusion as to conspiracy, and
persons were accordingly found guilty. The next case quoted
by the Attorney- General was to be found in Knight, Carring-
ton, and Payne's Reports. The first count declared that an
unlawful and seditious opposition to her Majesty's Government
had been committed. The second count charged the parties
with having " induced a number of persons to assemble and
meet together. for the purpose of exciting terror and alarm in
the minds of her Majesty's subjects, and by means of such
terror and alarm to procure great changes to be made in
the Constitution of the realm as by law established, and to
annoy and alarm, disturb and prejudice, divers subjects of the
Queen, in the peaceable enjoyment of their property." In that
case certain policemen were asked whether, in point of fact,
anybody in the kingdom had complained to them of alarm being
inspired in their minds by the general character of the meetings.
In the course of evidence, a Mr. Roberts stated that several
persons complained that were alarmed at those meetings, and
requested him to send fur military assistance. On that evi-
dence the parties were found guilty. Their Lordships would
please to observe that according to authority in that case,
it became competent to ask each policeman examined in
the present matter of conspiracy, not only whether anything
occurred which was calculated to excite alarm, but whether that
alarm had filled the minds of certain persons during the proceed-
ings which took place. The next case to which reference had
been made was one in which the accused (Stone) was charged
with conspiring against one Jackson, a person who died
from taking poison.
Evidence was given to connect the
accused with another man of the same name residing in
France. Jackstn had received a letter on the subject..
and Lord Kenyon at first conceived that the act of another
person could not be given in evidence against the prisoner.
Mr. Justice Buller was on the bench, and on the second day
Lord Kenyon said he was satisfied that the letter was admis-
sible. That letter was given in evidence, and the jury, im-
pressed with a sense of the danger of finding one man guilty
for the act of another, gave a verdict of acquittal. The nest
case to which reference had been frequently made, was the
King v. Redhead, to be found in Howe's State Trials. In
that case the matters relied on in proof of the conspiracy, were
explained by proper averments. The Attorney-General had
relied on a certain passage to which he (Mr. Whiteside)
would take the liberty of directing attention. It was to this
effect :—" If the conduct of the defendant had been merely a
speculation of his own, it would be a different thing ; but when
it was set forth that there was a large assembly in the ease,
it becomes necessary to kno x whether he did not address
them with a view to inflame their minds and their passions ;
if it could be proved that the act of combining, the resells
which took place, ard the providing of arms arose from a pee
motive, they might acquit." In the cage in question, the prie
soner was found guilty. Now ha did not perceive the justice
of that distinction drawn by his Learned Friend, in reference to
that case—namely, that a great man might broach opinion's
L nen„tlitiedisge
n in t
a necessary," case recorded in the
which a man in another position in life could not broach.
There was no law supporting such a distinction. and his
the32d I
vol.a ng
Learned Friend had not stated the true doctrine of the Consti-
tution.o n ," said 'Mr.
Justice Bulls}', " to elicit He would now direct the attention of the jury to
IlaSgteatoef
positive evidence from persons
who heard the conspirators consult; if you should find that a
certain plan was entered into, and you shall be satisfied from
Tanriaelms
what was done that there was a conspiracy to do certain illegal
acts, you may Ora draw the Conclusieu Of conspiracy." In that

Mr. WHITEms saki it was another case of the same na-
ture in the same book. In this case the defendants were
charged, first, with having combined together maliciously
to assemble for an unlawful purpose. The second count charged
them with having assembled in immense numbers, armed with
weapons; and with having caused great terror and alarm to
the peaceable and well-disposed subjects of her Majesty, for
the unlawful and seditious purpose of offering unlawful and
seditious opposition to the Government and Constitution, and
to the terror and alarm of the subjects of the Queen. Another
count charged them with assembling with clubs, tic. The
12th count charges them with being at an unlawful assembly ;
and the 13th for a riot. He wanted to show that, in this case
the same result followed, and that those counts which were
not found in the present indictment were those on which,
according to the authority of the Learned Judge and the
finding of the jury, a verdict was had. The Learned Gentle-
man then read portions of the evidence given in the case of the
Queen v. Vincent, to show that violent language had been
used at a public meeting at which the defendants were present,
and that the inhabitants were put into a state of great terror
and alarm. Vincent, in his speech, had described the system
of Government as cannibal and atrocious—that it doomed
men, women, and children to toil in factories, in starvation,
and nakedness, to increase the wealth of the aristocracy. The
snowball of Chartism was increasing in size, and he called on
the people of Newport to roll it down on their oppressors and
crush them. He had also threatened the magistrates with
violence, and wanted to purchase a large quantity of
arms—muskets, cutlasses, pistols, &c.—from a commercial
traveller, named Johnson. Baron Alderson said that any
meeting assembled under such circumstances, or likely to
produce danger to the tranquility of the neighbourhood, was an
unlawful assembly. He then alluded to the petition to obtain
the five points of the Charter, which points went to a length
.that
sensible persons would think inconsistent with the Constitution
of the country. Gentlemen, nothing is more unfair than to
take a part of a speech without taking the whole. In doing so
you will be unable to judge justly, for there may be many pas-
sages which modity others, and change the entire meaning of a
sentence. " God be thanked," said the Learned Judge who
presided over the Chartist trials, "that the Constitution does
not forbid men to meet peaceably to petition the Queen. It
is the inalienable right of the subject, and surely it is not now
to be usurped." It is not evidence to be given against a man for
a conspiracy, namely, that he attended a meeting, if that meet-
ing be not illegal. Neither are the acts of another who may
have been guilty of violence to be offered in evidence against
a man for attending a legal meeting. He is not accountable
for such acts, and cannot be made so. Nor is it evidence of a
conspiracy that a number of persons propounded the same doc-
trines (or the accomplishment of the same object. You must
convict them of one and the same conspiracy, and of one and
the same act—in different counts, if you will—but it must be
proved that they have combined to effect an illegal act, or a
legal act by illegal means. On the banners which the Man-
chester rioters bore before them was inscribed—" Englishmen,
the blood of your brothers reddens the streets of Preston, and
the murderers thirst for more ;" and on another banner was in-
culcated the observation of peace, law, and order ; but it was
decided that such an inculcation was absurd, as their acts
were to be evidence of their intentions, and their acts did not
correspOnd with the words which expressed those intentions.
Let us see, before we go further, what you are to find the
party guilty of. Is it that they have agre-d together for the
furtherance of a common object? No. But that they con-
federated and conspired, by a complete union of purpose, and
a premeditated plan, to do any of those acts charged in' the in-
dictment.

ONE CHARGE.

DR. CULVER WELL'S LECTURE TO YOUNG MEN.
•' How beat the fickle fabric to support
Of mortal man ; in healthful body how
A healthful mind the longest to maintain.''

would remain unslietut bed. But suppose twelve hundred or
twelve thousand such men met and passed similar resolutions,
the Minister would begin to look about him—would see that the
public mind was stirred, and would consent to discuss remon-
strances which he had hitherto treated with contempt. A
meeting of twelve thousand such men would produce important
results ; and yet no man, no legal otlicer of the Crown, would
dare to treat them as conspirators. They would not be con-
sidered conspirators even if one of their number spoke rashly,
or if the incendiary or the spy should have been among them
uttering treason and sedition. Now, the humbler classes of so-
ciety had the same right to meet and discuss their grievances as
persons in the rank of the gentlemen oft he jury, but the opinions of
the men of the multitude were not egitival nt in individual im-
portance, and therefose they were obliged to make up the
deficiency of moral force by superior numbers. But then,
if meetings of those classes, hossever numerous, were more
orderly than the House of Commons—although, as that
august body was now sitting, he must not allude to it—( A
laugh)—if the English reporters were astonished at the po.
liteness of Irish manners—at the moderation of the savage,
who occupied this portion of the United Kingdom, then the
meetings were as legal as any that might be formed of theie-
more elevated fellow-subjects. Ile would now call the at-
tention of the jury to some meetings which had been he'd
in England—held under the nose of the Attorney-General,
and at tke door of the Primo Minister. The first meeting to
which he should allude was that which had been mentioned
by Mr. Ross, the Crown witness. It was attended by two
hundred thousand of the lower classes—for it would be an
insult to call them rabble—and was met for the purpose of
discussing the severe sentence which had been passed on
the Dorsetshire labourers. Mr. Ross stated that he never
had seen such a meeting— a small party of 200,000 men, march-
ing in procession to the Prime Minister's office, with a petition
which it took twenty teen to lift, on the subject of a sentence
which had been pronounced by one of the Judges of the land !
How was that meeting headed? By a clergyman of the Esta-
blished Church, dressed in his sacred robes. He (the Learned
Counsel) mentioned this fact, because one of the charges against
Mr. O'Connell was, that he attended a meeting in his red
robe of office. Now he (the Learned Counsel) thought that
that fact should be taken as an indication of Air. O'Connell',
wish to preserve peace and order. No man in office would,
if bent on disturbance, go to a meeting decked in the insignia
of authority ; he was sure that if their Lordships—with re-
spect be it spoken—should ever feel inclined to encourage
riot, they would never do so decked in the judicial ermine.--
(Loud laughter.) But the meeting to which he had alluded
marched through the streets of London, end he would read to
the jury some account of its proceedings. ( The Learned Coun-
sel here read reports from the London papers of the meeting.
and other great meetings held in England, and then proceeded.)
He would now draw their attention to the way in which the
Evening Mail spoke of the great meeting at Hillsborough, at
which 75,000 men attended. The people who appeared at that
meeting were called " the brave men of the North." He liked
them to be called so,. far they were a brave body of men. They
travelled many miles to ittend she meeting at Hillsborough, and'
-theY.a.seinbted:at;thafrireetirien siteh nnithers'for the purposes
:•eif declaring that by,Oysi.eal foree,” the-union should be main-, •
tainted, and that they mould resist its repeal, with their lives.
fortunes.'" 414' .tliat.4t, these -75,000
men met again for the self-same purpose, and exhibited the
same bold and determined front, that the Attorney and Soli-
citor-Generals would not be very mu-th obliged to them ?—( A
laugh.) Did they think that if these men met again, and
expressed their determination, not only to uphold the union,
but to support the Government in the prosecution of those
who sought to repeal that measure, that the Attorney-Gene-
ral would not be most gratified? Did they think that they
would not hear from the Attorney-General the expression of
his thanks to these brave men of the north for the honour
they had conferred on himself individually, and upon the
Government whose unworthy servant he wag—(Laughter)
for having, by the demonstration of physical force, expressed
their determination to uphold the Church and State, and
maintain the sacred institutions of the country ?—( Laughter.)
There was not one of those 75,000 men that could not
handle a gun ably and well, and the Attorney-General, at the.-
bottom of his heat t was glad of it; and could they doubt that
if these 75,000 well-armed and well-disciplined men had met
and declared that the union between this country and England
was a grievance and must be repealed—did they doubt, he
would ask, that an Act repealing the union might not, in a
very short space of time, be the law of the land? But they
did meet in " border fashion," and they declared they were
ready to uphold the union ; and with the view of giving cou-
!age to the Queen's Ministers to oppose the repeal of that mea-
sure, they stated their determination of being ready to sustain
them with their lives and fortunes. If that had been a
meeting composed of 500 persons, of what value would
such a declaration have been? If it were a meeting of
5,000, or of even 15,000, its value would be doubtful, as re-
garded this expression of feeling in favour of the Government;
but it was of the first consequence when it came from a well-
organised body, such as the 75,000 men who met at Hills-
borough. No doubt the Learned Solicitor-General would
endeavour to draw a difference between the meeting at I fills-
borough and those which took place at Tara at Mullaghmast;
but he was sure that twelve high-miaded and honourable men
would not allow paltry, personal, or political considerations,
to influence them when they were called upon to give their
opinion as to the character of these respective meetings. Ile
would now direct their attention to the evidence which had
been given in respect to the several repeal meetings. The wit-
nesses examined were chiefly policemen, and one or two maeis-
trates ; and yet every one of them admitted that peace and order
prevailed at all the meetings ; and this, if it had been necessary,
could have been fully established with hundreds of witnesses
far the defence. And here, he might observe, that there was
not one witness who was able to say that these meetings pro-
duced the slightest fear or annoyance to either the resident
lentry, the merchants, or the tiadeis Who " resided in the
ocalities where they took place. In fact, all, from east to
west, was order and perfect tranquillity. But the Learned
Attorney-General contended that the more quiet the meeting.,
the more criminal—(a laugh)—so that if the question which
they had to try was the insanity of an individual, the best
evidence, according to the dictum of the Learned Attorney-
General, that could be given in support of it, would be to show
that the party had always acted in a perfectly sensible and
correct manner, and that in truth his intellect was
wholly and entirely unclouded.—( A laugh.) If those
men who assembled at the meetings in question had
been drunk, and if they had broken each ether's heads,
why that would have been all right. It would have been the
good old fashion and system by which heretofore Irishmen
settled their differences ; but the moment they lay aside their
national characteristics, and soberly and steadily meet in large
numbers to obtain a great object, then down comes the At-
torney-General arid immediately calls for Coke and Hale to see
if he cannot out of this peaceable and orderly proceeding make
out something that will ensure a conviction for conspiracy,
and this he is to do by means of the gentleman with the
scissors—(A laugh)—and then by stringing this speech and
that together so involve both speakers and journalists in one
common crime as will completely overwhelm them, and pre-
vent them from appearing at a meeting for the future. It
would be absurd to present petitions of the meetings held in
August to the Home of Commons. when perhaps there
might not be thirty persons present—they were, therefore,
necessarily reserved until such an impression might be made
by an accumulated mass, as well as by the number and variety
of the signatures, as could not fail to make an impression on
the understanding and feeling of Parliament. Now as to
the Mullaghmast meeting—and here he would ask, was it
a lawful or unlawful meeting? What was the test to try the
legality or illegality of a meeting? They would say, no
doubt, [that it was to be tested by the acts of the speakers—
by the speeches made—by the general conduct of those
assembled—whether they had separated quietly, and whether
they returned to their homes peaceably. was the duty
of the jury to look at those features, and look at them with
tke eye of charity—to look at them as freemen, anxious for
the rights and privileges of freemen. They were not to
view things with the critical eye of a lawyer—they were not
to And men guilty who assembled for a peaceable purpose ;
nor were they to be looking for something different from what
really appeared. Would the great meeting at Hillsborough, at
which the Marquis of Downshire and other noblemen and in-
fluential persons attended, be deemed illegal because some ob-
scure criminal, a spy, an incendiary, went there—some ballad-
seller from Belfast, to sell and circulate treason or slander ?
Surely it would not. Such was the case of the Mullaghmast
meeting. Did Mr. O'Connell. or any other of the tra-
versers, cause to be published, printed, or circulated, the do-
cument which was produced in Court, and received in evidence?
They did not. They had produced on the table here the
printer who bad published everything for the Association, and
he brought with him the only large placard which was pub-
lished for the Mullaghmast meeting, and which they directed
to be printed, and for which he was paid. Were, then, the
traversers to be tried, sentenced, and condemned, upon the
act of a man whom even the police did not know—who cir-
culated a document giving a description of something which
occurred, no one knew when or where—a document received
in evidence to prove the common plot set forth in the indict-
ment—as evidence of a common union to promote a com-
mon object—to promote and effect a preconcerted plan ?
And yet there was not one particle of evidence pro-
duced to prove that the paper was printed by the Associa-
tion, or by their direction. Why did not the Attorney-Gene-
ral produce the man who printed that scandalous and wicked
document ?" Why bring forward a document not proved
by its printer? Why keep back his name? And were the
jury to fasten the guilt of such a man upon the travellers—
to fasten upon them a lying, slanderous document, which
they never saw? He complained, then, of keeping back such
a witness, and which the Attorney-General should have pro-
duced. It was not their business to criminate themselves,
nor should it be done by any party but by clear and unequi-
vocal proof; and although that piece of evidence was received
by the Court, it should net be received by the jury, unless it
was proved that it was part of a common, a preconcerted
plan ; for he would lay it down as law, that if that document
was even the act of one of the eight traversers, it should not
be received as evidence against the others, unless they believed
it was, by the assent and consent of all, a part of a precon-
certed plan.
The Court adjourned for refreshment, for a few minutes.
At five minutes past two the Court sat again, and
Mr. WLIITESIDE resumed his address.—Mr. Fitgihbon had
given a full statement of what might be considered the best
passages of Mr. O'Connell's speeches, and he (Mr. Whiteside)
would now take a view of what might be considered the worst.
Many of those speeches had not been given in evidence, but the
nature of the indictment was such that the prosecution were
enabled to put in a vast number of papers containing reports of
speeches, and the jury had to distinguish between those
that were proved and those that were not. It was also
well known that many speeches were reported which never
had been delivered—particularly in the way of pectic ex-
tracts which the speaker never uttered, but which some-
times found their way into the written speech. In ono
of those reported addresses Mr. O'Connell was represented
alluding to the battle of the Boyne, and defeat of the
Irish people there. It was singular enough that Sir Walter
Scott, in alluding, on one occasion, to the battles of his coon •
trymen in "flood and field," admonished the Scots not to fall
into the mistake of their ancestors, but to be steady, firm, and
united, in their tilorel agitation, and not to be divided and
wayescog its their ancestors were in their physical conflicts.
This was precisely the meaning of Mr. O'Connell's allusion to
the battle of the Boyne. He encouraged the people to firm-
ness in the political struggle in which they were engaged, by
a reference to historical facts, His language plainly meant no-
thing more nor lest than this—" By their want of perseverance
your anoestors lost the memorable battle of the Boyle; in
the constitutional struggle in which you are engaged, be ;
sure that you preserve perseverance and unity, and you will

Judge PERRIN—You don't mean to say that they must find
them guilty of every overt act ?
Mr. WHITESIDE—No, my Lord.
Judge PERRIN—I was afraid that the jury might misunder-
stand you, Mr. Whiteside.

Mr. WHITESIDE—I thank you, my Lord. I say that they
must find them guilty of the whole of the conspiracy, and that
these acts were the result of a fixed and settled confederation.
Judge Buit-ros—ls that report of the Chartist trials authen-
ticated?

Mr. WITITESIDE—It has been published, my Lord, by Mr.
Feargus O'Connor. He says that he is quite satisfied that
he has been tried by law, and punished by law. The report
was taken in short-hand. There has been no evidence pro-
duced that the acts charged were done in accordance with a
previously-arranged plan. My client, Mr. Duffy wished to
accomplish the repeal of the Act of Union, which I need not tell
you is a perfectly legal Act, for no one Parliament can make a
law which another cannot repeal—otherwise the Legislature
would be cramped, and posterity would be bound by a number
of unjust and oppressive laws. The act of Mr. Duffy is re-
ceived in evidence, because he is on trial. But it my client
agrees with a party for a legal purpose, aided by legal means,
he is not accountable for the intemperate conduct of others who
are not on their trial, nor is that conduct evidence of guilt.
Would the meeting at Trim have been less illegal if a
thousand persons more or less had stayed away, and contented
themselves with reading the speeches at home ? Could it be
said that the Hillsborough meeting of seventy-five thousand
persons, headed isy Lord Downshire in person, was illegal?
To agitate for a repeal of the union was perfectly legal,
and, therefore, the numbers who attended meetings for
effecting that object were only important is so far as they
gave alarm to peaceable persons living in the vicinity of the
several places of meeting. The meetings mentioned in the
indictment had excited no alarm; and he would ask, was the
Salicitor-General prepared to affirm the monstrous doctrine
which had been laid down by his Learned Colleague,that the more
perfect the tranquillity which prevailed at a meeting, the
more dangerous was its character—the more they f writ the
determination not to break the law, the more palpable the
indications of crime and conspiracy ? He (the Learned
Counsel) would say, that meetings of such a nature were
always
°disliked by Kings and their Ministers ; for men born
to command disliked the voice of the people when raised
in murmur and complaint. Such sounds disturbed the
tranquillity of a Court; and Ministers of the Crown, ex-
cept when they could make popular ferment a steppings
stone to power, disliked meetings called to. cgmpl;„iu of
grievances. Such meetings vicr9 always unheeded, ex-
cel 4 when imctsing in character and appearance. Sup-
iule the twelve gentlemen he had then the honour to
address met to discuss a fiscal grievance—supyose they
passed strong resolutions, their resolutions and their
meeting would pass unheeded—they would vvithAl nudes
the silent content of the rres;, 4R4 the Minister's sluitbers

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By R. J. CULVERWELI., M.D.,
Member of the Royal College of Surgeon 3, &c. &c.

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