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

IRELAND.
THE STATE TRIALS.

(FROM OUR OWN REPORTERS.)
THIRTEENTH DAY.
(BY EXPRESS.)
DUBLIN, MONDAY, JA 29.
COURT OF QUEEN'S BENCIL
811°
THE QUEEN V. DANIEL O'CONNELL AND —ll he.
trr
The Court sat at ten o'clock. The names Of t were"
versers and jury having been called over, the)' rirliorhir
respectively to their names, with the exception ,
Duffy, who appeared by his attorney, Mr. Gartlalai•rhief
Mr. J. O'CONNELL rose and said—MY
Justice, something dropped from my Counsel fe
mirable speech in my behalf on Saturday, wine" ie ibt
is calculated to create a serious apprehensio%e e/
minds of the jury with regard to me, and I thereat' ti
you will allow me to offer a few words in exPisoltls
I wish to say, gentlemen of the jury, that I have
of of 0
been the advocate, and always will be the advec, aisistive
Lorabl.;
full, entire, and perfect restoration of the le of tboo6
liberties of my country; therefore, I am not olle,s 000
of whom my counsel spoke as persons who wow, Folio'
the occasional:or even annual visit of thelmPeri7whichl
meat to Dublin, or any measure short of that ? e tee Of
speak. I don't know whether this will prejeal: does'
your minds, gentlemen of the jury, but, ' other
would infinitely prefer it should prejudice ree?der the
than be supposed to compromise what I eetlitit foe
inalienable right of our country to an indepenue
liament.—(Applause.)
Mr. MOORE, Q.C., then rose and proceeded
uteesseft.oo,
My Lords and Gentlemen of the Jury, I am Lie. 4 Ter
behalf of one of the traversers—the Rev. ashTbfat3- re
ney—and, gentlemen, it now becomes. my cul 90
next Counsel in seniority to my friend Mr. Shea' before
that right, and in that character alone, to leit,, cog;
you the facts and circumstances of ray client:op
Gentlemen, the facts and circumstances are stleßeer
do, with very respectful confidence, anticipate y
diet of acquittal in favour of my client. Gelltideonae
the jury, I very unfeignedly feel the great disa oftor
that Imustt labour under in having to address 1,,°04
the able and brilliant and eloquent display of Oil per,
Mr. Shell. If that disadvantage was to be inereare' t SI/
sonal—if it could not in the slightest degree v."ol'
client—it would not be deserving of one secondl,4of
deration. And though, gentlemen,lmustacknowlltA
perfect inability either to arouse you by wit, or del„logh
by eloquence, as my Learned Friend did—alth 00 1
must acknowledge my inability to address to Yfetle,
of those affecting appeals that he made to yna,i4 Pirg
confidently hope that you will exend to me wee`iesool"
laying before you the facts of my client's ease 'hero;
patience, and the same attention, which I have rotr
you invariably to bestow on every branch, and ever)? , 001
of this most important case. Gentlemen of the
jut
is one observation that was used by the .Attorner,
in his opening statement in which I fully conee,a vosf
from which I think no man could dissent. Lie to
ofglit
gentlemen, that this was a momentous case. itepto°
have added, that it comes before you under nie 001)1
circumstances, and in momentous times ; and'
cerPh
gentlemen, when we consider the great and rrhied
question—l mean the Repeal of the Union—ell"-ee c°,';
this prosecution has undeniably arisen ; .la° at (1t;
sider the deep and all-pervading interest thet4llfiotsrj
tion has excited through every part of Ireland, dr,elo;
end to the other ; when we consider that butintolSir
thousands—l may say millions—of your eell'ea tbute
have unequivocally, but peaceably, exPrrsscoaste
opinion in favour of that measure; when vlre-nor:r
that one of the traversers at the bar is a getle,,-„g, es_.o"
sessing the unlimited confidence of those Ini°7-•,01107,
cising and possessing a greater degree of morel' rid
over the minds of his countrymen than any pleleb
ever possessed before over the minds of a free l to
a free country ; when we find that man broug „rioott
bar of this Court, and branded, or sought to be moot
with the crime of conspiracy ; when we consideroh or
every part of this country there is the most feve ler If;
restless anxiety with regard to the result Of J w„-;
diet, the Attorney-General may well, indeed, ejoett
this is a momentous case. Gentlemen of the jury' thstro
concur with the Attorney-General in thinkiltd, eit",‘
prosecution which be has instituted is one t n'ecitiet'e
in its circumstances, in its nature, or in o°to.
calculated for this momentous case. 1P del
ney-General, gentlemen, has not condesgte; pfo,s"
tell you what were his motives in instituting tul the
cution—he has not explained to you what were, artist;
netits he expected to result from it. He wool'', pers°
have told you his object was to bring to justice stootit
who violated the law • but, if such should be kisbore,t;
I will be able presently to show to him, and, for le;
you, that there never was a case less adapte"Attertif4i.
purpose than the present prosecution. If tne eetetr,
General expected that the effect of this prnoiol
would be to allay that feeling of irritation WI Others,
that subsist throughout the land, never Wits, to tbr
more unfortunate expedient devised or resorted .100111
the prosecution. No man can shut his eyes to twri
From first to last of this prosecution—from its„,°
institution down _to the moment I am addreBlo7,ol
the conduct of the prosecutor and . the ,
General was such as to create a greater bin
bitterness and animosity than ever existed "itte,
country before. Is it the expectation of the - 1
nay-General that the effect of this prosecution., of
put down the discussion of the rePet.7 Go,
the union ? Is that the hope or expectation of fibs
vernment that he serves? Gentlemen, if that feiii" 107,
he expects to result from it, I must confess, tits, nor
judgment, a more empty or idle chimeFa,rhdt;
crossed the mind of an Attorney-General. -1 ode
torney-General has entered into an lawn:Outwit/IL
question of the repeal of the union. I do net bat
follow his example, He has held out to yol, the
oi
considers to be strong grounds to make you be,lepeol
it was impracticable and unattainable. If t,.benrew &ft
the union—that important question which A--° if wile
vades in its interest every portion of this lan- ner_gy
question be so destitute of merits as the litt°r-heprrt;
neral wishes to represent to you.-4 it be se 'sot 't
ticable and unattainable as he wishes to rePrhee °(
you, gentlemen, that question does.not want t',.tote °
prosecution. to put it down. If it' be so detel ess;
merits as he would make you believe, °,l
tion must speedily fall by its own weaknesslo,
the other hand, that question has, merits, fp,iiriot,
merits that hundreds, and thousands, and l
of your countrymen are of opinion it Posss—nrose'i
idle the hope or expectation to crush it by the lestin.,t
tion of an Attorney-General ! On that great quo ;
ts
mean to intimate or express no opinion of my °he nier/
this I will say, without any hesitation, that let t neve
or demerits be what they may, I trust the tirlittoreerr
will arrive when it will be in the power of any A h
General, or in the power of any Government, te
stifle the discussion of any great public raeaslre'loortsnia
tlemen of the jury, it appears to me to be Of in%arrf,",j
in this question that you should very distinetlY refel7:,
your minds the nature of the charge that is P coe
against the traversers at the bar. That ebargenspirseL
fined to a single one. and that is the charge of i 9 4
I beg you to carry in your recollection that there
holiapt
indictment against any one of the traversers fe'dietelerd
attended an unlawful meeting. There is 11°11: for``¢le
against any of the traversers for having P'aie
to the world a seditious publication ; but
_„,;est g•
charge that is brought and preferred sr ofePio
traversers at your bar is, that they are gui't-'ughtg.
spiracy. How, gentlemen, is that conspired sare teee,
be made out? By the allegation that there iv'the
ings that were unlawful attended by. some of
es lteo
versers—by the allegation that seditious sPee' oceetto
spoken and published. But does it not at onet oreseis
you that if the object of the Attorney-Genesiatea b.
bring. to. justice those who, in his opinion, vile and et.
law, that there was the most easy, and shrtlet'he ineen.
vious, and direct course for him to take, I', ",,,,,ere, g./,0
ings of which you heard so much in detaiiii;fe
litwful? If they are unlawful now, they roust "If °lva
unlawful .at the time they took piece.
speeches aia seditious now, they must have „`”"pef n_roa
ditious when they were uttered ; and how, pePto
it happen that those meetings took place fer red certlet
of nine months? Those speeches were litte..jeg
day to day, and almost from hoar to hour, dte
ttor
period of time—how does .it happen that tue, ittitloct
ney-General never yet ventured to pilfer '4'oo tt,
merit against any one of the individuals tha as 11.0,
those assemblies, that he seeks now to 'brand one lw
lawful? or institute a prosecution against all),0, vtr..4
nv se,
"dividual that uttered those speeches that he ci
f rill hate
you are seditious and unlawful? On behalf ° 0,1,u he
in particular, and on behalf of all the traverser by ton
strong reason to complain of the course ttic eee ft he
Attorney-General. It is attempted to InaD'eer.
responsible for the acts and conduct of anoth
says those meetings are illegal, or the speecutettei opeo
tious, what is more easy than for him to inch? Let 04
that attended them or uttered those speecheshe iodic
take, for instance, Mr. O'Connell. SuPPPse could I/1100
him for having attended an unlawful meeong,
thing be more simple or easy than the Prefee oteetlels
the part of the Attorney:General? 'That tbete'the
took place, and that Mr. O'Connell attena;erts of tea
undeniable. The material and importaAnttte'roey-lerbos
case are established to the hand of the
as he
ral ; and, if the meetings were unlawful, _ hoe pa
they are, he had nothing to do but .t° lace, je
character of those meetings which wait and d
satisfy the Court that they were 1114 aw
4iTt;e fe
„ s
that way brought the matter we. volt,
single moment, and at a single eiceo
yartZ 154 ° I not reason to complain, on the
of the course which has been adopted bY.l_.ecl Drcig
of the Crown in the present unpreced,on ale etilni
lions? The Attorney-General has aboilla "0,,n to ft°
artless, unencumbered course which was ,tcsoribe4
that e°u" 0d °6
to have adopted—the course which I have "
the trave one
you as the simplest and most obvious
been pursued by him. He flings all
__,e„ies.theni,con-
headlong into one indictment—he ell7.e'libtion for that
and all, within the meshes of a preos. ._„videnet..i the
spiracy; and although it has app
ieoanr ;IA 'soy 01°A tte
my client never was in' connex Lifter - pow'
traversers until the third of Octone
ns, I:l°•aderA
for an an
standing, to make him responsible . dpit
monster meetings had ceased, he endea-.° tee t
e- to
acts of men with whom it 15,aa
etings. listened this
he could have acted in concert.
__sheieckhs rietlr;
him with the consequences of me
attended ; of speeches which he ne2er-eed 1
nmlg At-
and of publications which he neve!.
ins ? The thee
fair ? Is this candid ? Is this inge
roontbs'neoulial
torney-General lies in ambuscade for
suddenly rushes at, and avails hirns.erelfeignsPirtbett
doctrines of the law as regards the en
_.hich. &hire
own
Contrary to the principles ofj
A accoUlltu' 'IA TO ens
""qe tor 1115, coot
a man is pply to. be made , to hold otto-
works and his own acts, lie elideavour d the ery,
words, an f . _
responsible for the thoughts, the _ 0 tne
amd Gentlemen
of other men !My Lords, ustic c,