The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1844-01-23 00:00:00

IRELAND,

THE STATE TRIALS.

COURT OF QUEEN'S BENCH, DUBLIN.

The Court opened at ten o'clock on Monday
morning, and was immediately crowded in every part.
Precisely at ten, Chief Justice Pennefather, Mr. Justice
Berton, Mr. Justice Crampton, and Mr. Justice Perrin,
entered the Court, and took their seats on the bench.
Mr. O'Connell came in procession to the court in the
Lord Mayor's private carriage, followed by carriages
eontaining the other traversers and several of the alder-
men and town council in their robes. The Lord Mayor,
who was also in his robes, was in the same carriage with
Mr. O'Connell. They were loudly cheered by the popu-
lace on their progress to the Court.
The Judges having taken their seats,
The traversers were then called, and on the name of
the Rev. Mr. Tyrrel being called,
Mr. Cantwell, with much solemnity, said—My lords,
the rev. defendant has been called before another judg-
ment seat, and his soul and body are now alike beyond
the power of this court.
The traversers were called on, and severally answered
to their names.
Mr. O'Connell appeared along with the counsel for the
defendants, in his wig and gown.
The names of the jurors were then called over. On
Mr. James Collins Papworth being called, a juror said his
name was James Papworth ; another juror said his name
was Joseph Hamilton, and not James, as given in the
list.

The officer of the court then called on John Holmes, of
William-street, merchant, to appear on pain of £5O.
Mr. Frederick Stocken, physician, said he appeared on
his behalf, and having been sworn, stated that Mr. Holmes
Was unable to attend, having been confined to his bed by
serious illness for the last five days.
The next name called was Robert Smith Stubbs, linen-
draper, Dame-street. Doctor Leech also appeared on his
behatiktniid handed in an affidavit to the effect that he was
affected with asthma and other complaints of the chest,
and consequently unable to attend. George Mitchell, 20,
Lower Sackville-street, tobacconist, was next called ; and
Mr. Carey, barrister, appeared for him, and handed in af-
fidavits from several medical men, certifying that, owing
to asthma and severe cold he was unable to serve. Indeed,
he had been ill very long, and there was scarcely a fort-
night but he was confined from the causes alluded to. A
medical certificate and affidavit was handed in by Mr. Geo.
Davis, solicitor, on the part of George Fowler, of Angle-
ssa-street, as a ground for having him excused.
The Attorney-General then requested that the names
of James Collins Popworth and James Hamilton might
be called over. If there were such persons in the venire
they should be called on fines, and if there was any rnis-
description it might be dealt with afterwards.
The names of those gentlemen were then called.
Mr. Moore requested that the service of the sum-
monses on those persons might be proved.
Mr. George Fowler, Mr. John Holmes, and Mr. R 4
Smith Stubbs were excused attendance on the ground set
forth in the affidavits of their respective medical attend-
ants.

Mr. George Mitchell, of Sackville-street, was also ex-
cused attending as a juror.
The deputy Registrar then called over the names of the
traversers, and called their attention to the fact that the
jury was about to be sworn.
Mr. Moore said that as some of the jurors had not at-
tended, and as the Attorney-General had applied to have
their names called over on fines, he wished that proof
would be given of the notice served upon the jurors.
David Ireland was then called, and he proved the ser-
vice of the notice on Mr. Papworth and Mr. Hamilton,
who had not attended.
In reply to Mr. Moore, he admitted !that the service
was not a personal one.
Sir C. O'Loghlen then rose and said, he challenged the
array on the part of Daniel O'Connell. He then pro-
ceeded to read the challenge, which was to the effect that
the jury panel from which the jury had been selected was
defective, inasmuch as, when a revision of the jury list
took place before the Recorder, who revised, corrected,
and signed them, the Recorder did not cause to be
made out a general list of the special jurors in order that
such might be copied out by the Clerk of the Peace, but,
en the contrary, omitted to do so; and that said list was
illegally and fraudulently made out by some person not
authorised to do so, and that fif•y-nine names that had
been adjudged by the Recorder to be placed on the special
jury list, were omitted from the general list so made out.
The learned gentleman then read the names of the parties
omitted from the list, and proceeded to say that the names
before mentioned were also omitted from the specia jurors'
book for 1844, as well as from the general list, and that
said emission was injurious to him, said Daniel O'Con-
nell, who therefore prayed the judgmentof the court to set
aside the jury panel made out in this case. The learned
gentleman, in conclusion, said, that similar challenges
were prepared on the part of the other traversers, and
were then actually being engrossed.
The Attorney-General said, that as it was the first time
the counsel for the crown had been made acquainted with
the intention of the counsel for the traversers to challenge
the array, be hoped their lordships would give his learned
friends and himself a short time to take the document
handed in by the learned counsel into consideration. In
the mean time he suggested that the other challenges
should be ready, in order that they should be disposed of
with that now before the court.
Chief Justice.-oh, c3rtainly. Let me have the act of
parliament that applies to this question.
The act was handed up to the bench, and the counsel
for
the crown then retired at a quarter-past eleven o'clock,
to consult together respecting the nature and forms of
the challenge.
The counsel for the traversers also retired at the same
lime.
At about
traversers
returned into court, when the Attorney-General
said he wished to have the challenges of all the traversers
handed in. Thirs.
Moore, was a after some demur on the part of Mr.
Lord Chief Jgustic t , and after some little delay the
tompiaining that
the addressed Sir Colman O'Loghlan,
nary delay, and that bad
been
a g
pared with all rest deal of unneces-
he should have come into court pre-
After the rettubenchaltlhenegceost;
General demurrerd of
counsel to court, the Attorney-
iument ensued, i to the challenge, and a lengthened ar-
_Fitzgibbon, and n which Sir Colman O'Loughlin, Mr.
versers, and the Mr. Moore spoke on behalf of the tra-
,kttorney-General and Solicitor-General
O behalf of the crown. The Lord Chief Justice was
about to deliver ' d
plication was mradjen gment, when a very singular ap-
by Mr. Moore. lie stated that
It he,, traversers were willing to go at once to trial,
Lae jury lists were sent back to the Recorder for
revision, in order that the 59 names alleged to have
been omitted fro
The Attorne Genln the panel might be placed thereon.
ground that sYu-ch a General resisted the application on the
Poceeding was altogether illegal, and
would have the proceedings instituted effect
throughout
vitiating all the judicid The Lord Chief Justice rnughout the present year•
ened judgment, on thenwhich the
delivered a very length-
the majority of the court
eoncurred,) to the effect that " the demurrer must
be allowed, arid, consequently, the challenge overruled.
Mr. Justice Perrin
nions of the other expressed his dissent from the opi•
judges on the point.

On Tuesday the Court opened at ten o'clock.
urs put in Aftervarious
some discussion, in the course of which severa•
and which w
ja pleas rious to be excused from serving,
Court, the erollowing in
e some instances held to be valid by the
f
as composing the jury :
James Hamilton, foreman,
Edward Roper Henry Thompson.
.
Edward Clarke Anston Floyd.
Francis Faulkner. John Rigby-
Robert Hanna.
John Croker.
Henry Flynn William Longfield.
•
am Ord.
The gentlemen who were not
s Wwornilli having left the
box.
The Clerk of the Crown said,—Gentlemen of the jury,
the traversers at the bar Daniel O'Connell, John O'Con-
nell, Thomas Steele, Thomas Matthew Hay, Charles
Gavin Duffy, John Gray, Richard Barrett, and Thomas
Tierney, stand indicted for having, on the 13th of Fe-
?nary last, in the parish of St. Mark, in the City of
Dublin, entered into a conspiracy in the manner as set
out in the indictment. The traversers have severally
pleaded " not guilty."
The ATTORNEY-GENERAL then rose to address the
jury, and said they had been impannelled onthon
presentup
'occasion to perform the important duty of deciding
the guilt or innocence of
upon this indictment. It was theseveral traversers arraigned
not necessary for him (the
Attorney-General) to impress on their minds the neces-
lity of giving their anxious and undivided attention to
the momentous questions which would be brought before
them. His Learned Friend, Mr. Napier, had already
stated the charge which had been brought forward against
the several traversers ; but in order to impress it upon
their minds, and that they might be enabled to understand
the case as it proceeded, be would take leave again to call
their attention to the nature of the charge brought against
the defendants. In the words of the indictment, the
traversers stood indicted of having " conspired and con-
federated together to raise and create discontent and dis-
affection amongst Her Majesty's subjects, and to excite
them to hatred and contempt of the overnment and
Constitution of the realm, as by law established, and to
unlawful and seditious op Position to the said Govern-
ment and Constitution ; andP to stir up hatred, jealousy,
and ill-will between different classes of her Majesty,s
and ; and especially to promote amongst Her Majes-
tY's 'ssubjects in Ireland, feelings of ill-will and hostility
towards and against her Majesty's subjects in England ;
nd to excite discontent and disaffection in the army ; and
to cause large numbers of persons to meet together at
different times, and at different places, for the unlawful
Purpose of obtaining, by means of the intimidation to be
thereby created and by means of the exhibition and de.
3Zonstration of reat physical force at such meetings,
ebanges and alterations in the Government, laws,
and con- ,
atitution of this realm, as by law established ; and parti-
Parly by n those means to bring about and accomplish a
!.dissolutioof the Legislative Union between Great Britain
.nd Ireland ; and also by means of inflammatory and sedi-
Iluus publications to intimidate parliament, and thereby
'ing about changes and alterations in the laws and consti-
tution of lnto this realm as now by law established, and to bring
this
and disrepute the tribunals established for the
fog;.ne ,( 1 t la i n i k t r a t i o n of the law therein, and to assume and usurp
rot eroptive of the Crown in
the establishment of courts
the administration of the law." Ile thought it would be
convenient
rthat uvenient
should and
proper, before he opened the facts of the .
Et he call attebtion to tie law of conspiracy,
l.k, s to enable the jury to understand more distinctly the
t 4. " si 7 baits hearit,g, as he proceeded in the statement of
would
ll the law in the presence of the Court, the jury
from himear in mind that they were not to take the law 1
nor from the counsel for the traversers, except ;

so tar as it might meet with the concurrence and approval
of their Lordships. A confederacy becomes an unlawful
criminal conspiracy when two or more persons combine to
do an unlawful act, or to effect a lawful act by unlawful
means. It is not necessary that the purpose should be
actually effected. Merely confederating, said Chief Jus-
tice Bushe, on the trial of the bottle rioters at the Dub-
lin Theatre in 1823, constitutes the crime, though the
object be not effected. If, again, it appears that the ac-
tots have one object, and use similar means, that is, a
conspiracy ; and though nothing be seen but one perform-
ing one part, and another another a part, acts, which by
' themselves might seem independent acts, yet if they tend
to the same end, the jury is warranted in drawing as an
inference from that tendency, that it is the result of a
previous criminal concert. Again, if the parties have a
common design, the acts of any one of them will be evi-
denc against the rest, though their concert with him in
this particular act be not apparent, and this as well with
, respect to some of his acts . before some of them have
joined the conspiracy as afterwards; and he referred to
the cases of the Cato-street conspirators as authority for
his statement, that the party who joins in the design adopts
and becomes responsible, as well far the acts done before
he joined as afterwards. Again, if a plan be found in
existence, which the jury may believe could only have
existed in consequence of a conspiracy, that will justify
them in finding that there was a previous conspiracy. The
Attorney-General then referred to an indictment found
against John Frost, and others, for conspiracy, but on
which he was not tried, having been previously convicted
of treason' but Vincent and Edwards were, and found
guilty. The charge was, that "John Frost, and others,
did conspire, &c., to excite discontent and disaffection in
the minds of the liege subjects of her Majesty, and to ex-
cite the liege subjects of her Majesty to hatred and con-
tempt of the Goverment and constitution of this realm,
and to unlawful and seditious opposition to such Govern.
ment." The overt acts charged were—attendance at four
meetings at Pontypool, where violent speeches were deliv-
ered to large bodies of persons. After referring to other
cases, he came to a case arising out of the Manchester riots
of 1819, for which Mr. Hunt was tried and punished. It
was an action brought by one of the dispersed meeting
against the captain who commanded the Yeomanry Caval-
ry, for an assault and wounding. On the trial before Mr.
Justice Holroyd, he told the jury, in the words of Mr.
Justice Bayley on the trial of Mr. Hunt, " that all per-
sons assembled to sow sedition, and bring into contempt
the constitution, are in an unlawful assembly ; all persons
assembled in furtherance of this object, are unlawfully
assembled too." Further, Judge Bailey said,—" What
are the objects of the leader—the person who occupies the
chair—the person intending to take distinguished parts in
the meeting? What are the objects of those who bear the
flags or banners ? These are to be considered with refer-
ence to the inscriptions. What are the objects of those
who have been drilled? If the object of the drilling is to
secure the attention of the persons drilled to disaffected
speeches, and give confidence by an appearance of strength
to those willing to join them, that would be illegal ; or, if
they were to say, we will have what we want, whether it is
agreeable to law or not—a meeting for that purpose, how-
ever it may be masked, if it is really for a purpose of that
kind, would be illegal." In consequence of this charge,
in which Mr. Justice Holroyd adopted and reiterated the
language of Mit" Justice Bayley, on the trial of Mr.
Hunt, the captain of the Yeomanry Cavalry was acquitted.
But the plaintiff was not satisfied ; he moved for a new
trial on the ground that the Judge had misdirected the jury;
and in giving judgement, refusing the motion, Lord Tenter-
den said, "that what was said by persons going, or preparing
to go, to such a meeting was evidence, and most important
evidence, against those assembled. Many persons would
go from different motives, some from mere curiosity,
others who would think there were public grievances
which such a meeting might prevent, others might go me-
ditating mischief immediately, others again who meditated
mischief at some future time, when those drilled, who up
to this period had been without arms, might have arrived
at a further stage in military discipline. Now I, said
the Attorney-General, may be told that the meetings which
were held dispersed peaceably and instantaneously on be-
ing desired to do so. But to me this is the most formida-
ble and aggravating feature of these meetings. The per-
sons assembled were told that " the hour of England's
infirmity was the hour of Ireland's opportunity." " Will
you come again when I shall call you?" " Wait; be quiet
for the present ; our organization must be complete before
the signal be given." Lord Tenterden further said—
" When we consider that these country people came
marching in this way through the town of Manchester,
bearing flags and banners inscribed with mottos, not
merely containing high-sounding words, but inscriptions
of Corn-laws—Better live men than die like slaves,' and
other expressions of defiance, it is manifest that there was
an avowed intention to insult those who were intrusted
with the administration of justice, and if possible, by a
show of numbers to overawe and prevent them from in-
terfering with the object their leader might be supposed
to have had." In the same case Judge Bayley says—" It
appears by the evidence in the case, that the meeting was
composed of a vast number of persons, a very large por-
tion, therefore, of physical strength ' • that there was an
elevation from which speeches could be made, and that
among those to speak there was one who had no particular
connexion with the place, and he might give to that phy-
sical force a direction which might operate either in perfect
innocence or with a great degree of danger to the public
peace. After referring to these and some further authori-
ties, for the purpose of acquainting the jury with the law
applicable to the case they had to try, the Attorney-Gene-
ral proceeded to state the facts which he proposed to prove
in support of it. He stated that the Association in Dub-
lin was the root of the conspiracy, whose branches over-
spread the country. He commenced with its origin soon
after the Emancipation Act. He stated the proclamation
of Lord Anglesey, in January, 1831, under the act then in
force, enabling the Lord Lieutenant to disperse meetings
he thought dangerous, and which made those guilty of a
misdemeanour Rho continued assembled fifteen minutes
after being ordered by a magistrate to disperse, or who
met after the proclamation was issued. He read the ce-
lebrated declaration of Lord Althorp in the House of
Commons in 1831, in which he said, he hoped those who
called for a repeal of the union would not succeed, as if
they did, it could be but by successful war. He argued
that agitation carried on after this announcement of the
intentions of government, could only mean an ultimate
appeal to arms, however peaceable designs might be pro-
fessed or pretended. He cited the language of Mr.
Justice Grove, " that men with rebellion in their hearts
have often nothing but peace and benevolence on their
lips,' and proceeded to state, that the effect of the de-
claration of Lord Grey's government was to check the
agitation for a time, for when the temporary act expired
on the dissolution of parliament in 1831, the agitation re-
commenced to such an extent that the King noticed it in
his speech from the throne at the commencement of the

session of 1833, and asked for additional powers " to con-
trol and punish the disturbers of the peace, and to pre.
serve and strengthen the legislative union." He then re-
ferred to speeches of Lord John Russell and another
member of government on the address, in which the one
said O'Connell's object was,among other things, to con-
fiscate the property if all the English in Ireland, and the
other, that, the result of successful agitation would be to
set up a ferocious republic, in place of the British mo-
narchy, in Ireland. He then traced the history of the
several associations which Mr. O'Connell had set on foot,
all of which, under various names, had this one common
object—to plunder the poor. He explained the system
on which the " Loyal National Repeal Association" was
organized, being composed of associates, members, and
volunteers, to each of which classes a peculiar card was
assigned, that served to evade the act against signs and
pass-words, and accomplished all that act was meant to
check and prevent. He produced the several cards, and
dwelt with great minuteness in the description of their
emblems, which appeared all to be significant of treason
and rebellion. There were also repeal wardens, whom,
in the language of one of the traverse's, "the people
might follow as well as if they were called repeal ser-
geants." After reading very copious extracts from the
speeches of Mr. O'Connell and others, delivered at vari-
ous monster meetings, and having coeimented on the
manner in which the sentiments they contained were
echoed by the Nation and other new papers, the Attor-
ney-General, in reference more particularly to Mr.
O'Connell's celebrated speech at Mallow, in which he
said, "They may trample on my body, but it will be my
dead body," proceeded to say, was there ever heard such
an attempt to create between fellow-subjects of the same
empire the sting of indignation, to be excited against
those who were called "our Saxon oppressors?" Was it
to be tolerated, in a country where the law was in force,
that a proceeding such as this should be permitted. Was
this country to be handed over to such persons, whose
objects were those of furious republicanism ? And now
what was the assertion—the assertion made to the deluded
people of this country, who bad been told from time to
time by the late ministry and the present, and by the ma-
jority of parliament, that they would not listen to any
step which would lead to the dismemberment of the em-
pire? They were told that her Majesty might issue writs
for the summoning of an Irish parliament ; and they were
told this by a gentleman standing eminently in his pro-
fession at the bar, and he was consequently in this posi-
tion—that either he did not think what he stated to the
assembled thousands—and that being the case, what po-
sition was he in ? or if he did think it, would it be asserted
now ? He would next advert to the act of union, for the
purpose of ascertaining if this opinion was well founded.
By the third article of the act, it was provided " that the
said United Kingdom he represented in one and the same
parliament, to be styled the parliament of the United
Kingdom of Great Britain and Ireland." And in a por-
tion of the fourth article of the act it was provided, that
when his Majesty, or his heirs or successors, should de.
clare his pleasure for holdingthe parliament of the United
Kingdom, a proclamation should issue ordering the re-
turn of the lords spiritual and temporal and the commons
of Ireland, and also the commons of England, and that
they should consist of the two houses of parliament of the
United Kingdom. And after those several articles hav-
ing been recited, it goes on to recommend to parliament
the consideration of them, " in order to give full effect
and validity to the same," and it was subsequently pro-
vided that the act containing the articles so agreed upon
should have effect and be in force from 1801. Thus they

had those articles ratified and approved of by the parlia-
ment of Ireland, that the United Kingdom be represented
in one and the same parliament : and in direct opposition
to this legislative enactment of the king•, and the lords
and commons of this country, and confirmed by an act
of the English legislature uniting the parliaments of both
countries for ever, they were told that it was part of the
prerogative of the crown, without the assent of the parlia-
ment of the United Kingdom, to summon an Irish par-
liament in Ireland; and they were further told that no
person could deny this who did not deny the Queen's
title to the throne. Now, he asked, was there any coun-
sel on the other side who would say that this act of union
is void ?

Mr. O'Connell.—Yes.
The Attorney-General.—Unless he said that the act
was void, no language would declare that the prerogative
of the crown was in existence to the extent it was thus

stated to be. The learned gentleman then referred to the
Donnybrook meeting, which he said was distinguished by
the same degree of physical force as the other monster
meetings. At the Donnybrook meeting, Mr. O'Connell
had adverted to certain moneys received from America,
and accordingly on the 4th of July it was handed in from
these sympathizing Americans, with the statement that it
was given in on that day, because it was the anniversary
of American independence. The learned gentleman then
read the speech of Mr. O'Connell in handing in this mo-
ney, wherein he stated the principal events which led to
the American revolution, with the means by which it was
effected, and concluded by expressing a hope, after refer-
ring to the condition of Ireland, that England had im-
proved in wisdom since then. Having commented on a
few other repeal meetings, and the proceedings thereof,
the learned gentleman sat down at a quarter before five
o'clock, promising to resume his statement at ten o'clock
to-morrow morning.
When the jury were about retiring,
The Chief Justice, after a conversation with the Attor-
ney-General and Mr. Moore, agreed to allow the jury to
return home every night after the trial.

The court was opened on Wednesday morning at ten
o'clock, and as soon as the Judges had taken their seats
on the bench, the traversers were called over. As it had
been
shoare:
be,
ri
the
:ecthne
Attorney
oterni
e:utAmgr
:aeon,
observations
ryohtbdone
We
reported
ywereet o them that their recognizances would be
estreated if they were not present when called upon, they
were all punctual in their attendance in court, and seve-
rally answered to their names.
opening
videcGaaokrtasebeli
phoonspewaieedier rrseec, avtchol resumedeemll neendreosami,tt
hinenbae:eei6Lbdsdtyohhf oethfhi
wA es
individuals.
auamsgd
eudiesrnt et s ,
naaodtn
positionngdß eu ,
aoimtt alterquoting
no
Let
ttu to get
sg
downwet a ri
wait
apwse
itl
nh.
the
et
patience
car
eer
fadpfgldorl7rieeolaro9T:m:Svela few months ; the time is nearer than we think. Ire-
land was trampled on ; but she shall be no longer tram-
pled on." Others had exclaimed--" We will turn out to
a man, and we will fight for repeal." Another exclaimed
—" We shall have repeal. This part of the country
would die to a man ; but they are afraid of the sea-side
fellows ; and Father Lawlor told us in the chapel that we
would get it, but not without the shedding of blood."
Some persons of the lower order declared that, in order
to get the repeal, there should be no work done in Ire-
land ; and that the people would rise to a man. Others
contradicted that, and said, " that they did not want to
raise a disturbance ; that they wanted to have it by peace ;
but if repeal were refused, they would strike the blow."
This, said the learned gentleman, was the way in which
the people were deluded by the Association ; and this was
the way in which they understood those exhortations to
peace, law, and order, when the organization should be
completed, and when these repeal wardens were prepared
to do their duty. He next quoted the speech of Mr.
O'Connell, at the dinner after the meeting, exhorting the
people to " pronounce,' as they had done in Spain. The
following was one of the passages quoted :—" The revo-
lution in Spain was brought about by the military, but it
was bloodless ; and the tyrant Espartero has been hurled
from power by the party of the army and the nation.
The sergeants, even of the Spanish army, are a fine class
of men, and effected that revolution ; but in the British
service they are the finest, the most intelligent, and the
most trustworthy men that ever existed. In every other
service the sergeants are made officers of, but in the Bri-
tish service they have not yet learned to do that act of
justice ; but if our cause goes on we will do them this
piece of service—that the government will alter their plan
and appoint a great many of the sergeants to commissions,
for fear they would pronounce, and I give them advice to
do so from this spot." This, said the learned gentleman,
was calculated to inflame the minds of non-commissioned
officers against the government ; and they would find,
when they came to the publications of the defendants
connected with the army, that the common design of all
these persona was a conspiracy to excite disaffection in
the army, after having organized all the people of the
country. He then quoted a long article from the Nation,
of the 12th of August, entitled " The March of Nation-
ality," and representing the repeal as a thing certain of
accomplishment. lie next adverted to the meeting at
Tara, at which the Rev. Mr. Tierney, Mr. O'Connell,
Mr. John O'Connell, the Rev. Mr. Tyrrel, Mr. Barrett,
Mr. Steele, and Dr. Gray, were present. The highest
calculation of the persons present was a million—the low-
est 180,000, but even the latter was a formidable number.
He quoted largely from the speeches at the meeting and
dinner, and in reference to the appointment of arbitration
courts, w iich was one of the subjects introduced, ob-
served that he had not the slightest hesitation in saying
that the appointment of such courts was illegal and a di-
rect infringement on the prerogatives of the Crown. He
next adverted to the meeting at Roscommon, on the 24th
of August, and afterwards to a meeting of the repeal As-
sociation, on the 22d of August, at which the " plan for
the renewed action of the Irish Parliament," was read
and approved, and also to a meeting of the Association on
the 23d of August, at which Dr. Gray's report on the Ar-
bitration Courts was adopted. He next quoted an article
from the Nation of the 25th of August, entitled,—" The
crisis is upon us,"—and commencing again upon the de-
claration of Mr. Saurin in the Irish House of Commons
there was every difference between an observation
made before the passing of an act, and an observation
made after it had become a law of the land. If any man
conscientiously believed that any measure which was about
passing into a law was not for the real benefit of the
country, he was justifisd instating the grounds of that be-
lief; but he was not justified in the adoption of the same
language, when that measure had become the law of the
land. After quoting largely from the Nation, be adverted
to a meeting of the Association on the 4th Sep., at which
several contributions from America were received, and
then to meetings on the 28th and 29th August, nt which
Mr. O'Connell commented on the Queen's speech at the
prorogation of Parliament, and proposed as a counter
manifesto, his " Address to the Subjects of the British
Crown," which the Learned Gentleman read. He next
read an article from the Pilot of the 28th of August, en-
titled " The duty of a Soldier," the object of which, he
said, was to corrupt the army, a proceeding which, like
many other proceedings, were imitated by the Repeal
Association from those which took place previous to the
rebellion of 17,6. He next read letters published in the
Pilot by a Mr. O'Callaghan, entitled " The Irish in the
British Army," and quoted the observations of the
editor upon them. He next noticed the proceedings of
the meeting at Loughrea, and a meeting of the Association
ts, ear n
dtii long
re
eport
from roafy,SoenpttehneThAerrb,
Arbitration
n mani-
festo of Mr. O'Connell were read. After noticing the
ohichCoaunrot another
he read a very violent and inflammatory article
proceedings of the Clifden meeting on the 17th of Sep-
tember,from the Pilot of the 25th of September, entitled, " The
Army, the People. and the Government," noticed a pro-
clamation of the Repeal Association, signed T.M. Ray,
for the holding of arbitration courts, as superseding all
the courts of law and petty sessions throughout the coun-
try, %led then adverted at great length to the meeting on
the Rath of Mullaghtnact, describing the whole proceed-
ings, and particularly the references to the massacre in
former times on the spot, as tending to excite and foment
hostility between her Majesty's English and Irish sub-
jects. He next adverted to subsequent meetings of the
association, and alluding to the " Behemoth" speech of
Mr. Steele, said it could be fully proved that that speech
had been spoken, and published by three of the defend-
ants, although it was now denied that it had been spoken.
He challenged the defendants to produce their own report-
ers to deny it if they could, hut he prophesied that they
would not be called to contradict the charge. He next read
the advertisement published in the Nation of the 30th of
September, headed " Repeal Cavalry—Clontarf Meeting,"
and alluding to Mr, O'Connell's subsequent disavowal of
this advertisement as merely " a good quiz," said that the
Association had nevertheless adopted and published it,
only substituting " groups " for " troops," and striking
out other military allusions. He t} :en read from the Pilot
of the 6th of October an article, headed " The Battle of
Clontarf." They were aware that the intended meeting
at Clontarf, which was to have been followed by five or
six other monster meetings announced by Mr. O'Connell,
did not take place ; and his belief was, that it did not
take place because the promoters of it were conscious of
its illegality. On the following day, however, the 9th of
October, a meeting took place in Calvert's Theatre, at
which Mr. O'Connell, Mr. J. O'Connell, Mr. Ray, Dr.
Gray, Mr. Steele, the Rev. Mr. Tyrrel, and other repeal-
ers, were present, and at which a resolution. moved by
the Rev. Mr. Tyrrel, declaring that no power on earth
ought, of right, to make laws to bind this kingdom, save
the Queen, Lords, and Commons of Ireland," (which
was intended to have been proposed at the Clontarf meet-
ing,) was passed, and followed by a declaration of confi-
dence in Mr. O'Connell. The learned gentleman again
maintained that there was no analogy between the state
of Ireland in 1782 and at the present period. and, there-
fore, impeached the resolution as illegal. He recapitu-
lated the charge against the traversers, and asked whe-
ther, if he could prove what he had read to them, there
could be any doubt on the minds of .he jury that the de-
fendants had conspired to excite discontent and d'saffec-
tion amongst the different classes of society in these king-
doms, observing, that if he could establish this to their
satisfaction, it would be their bounden duty to find the
traversers guilty. To render the meetings illegal, it was
not necessary to suppose that any immediate apprehension
was to be entertained from them, if the ultimate object
were to complete the organization, so that, at length, in
the language of Mr. Barrett, Ireland would only have to
stamp her foot and repeal must be granted ; and whether
it was the intention of the defendants, by inflammatory
speeches and publications, to produce an actual outbreak
or not afterwards, was not material to the subject. They
were indicted for a misdemeanor, which subjected them
to fine and imprisonment ; and if the meetings were held
for the purpose of overawing the legislature—not to get
the repeal of the union by means of the constituted tri-
bunals of the country—then they were illegal ; for it
would he impossible to carry on the government of the
country if alterations were to be made in the law of the
land, not by the representatives of the people, but by the
people themselves. and by the means of physical force.
They had all reason to rejoice that there had been no
outbreak from this agitation ; hut that circumstance did
not take away from the illegality of the proceedings, or
affect the charge in the indictment, that of seeking to
effect an alteration in the law by unconstitutional means.
With respect to the arbitration courts, it was not neces-
sary, for the purpose of a verdict of guilty, that they
should all come to the conclusion that the defendants
were guilty of every portion of it. It was snfticient if
they should he of opinion that they were goty of any
part of it ; and though he believed that he should he able,
on the part of the crown, to prove even' portion of it, yet
that was not ah,:olutely necessary. The yarned gentle-
man cm,ellided his opening speech by coroing an address
of Chief Justiee Burton, to the effect that all parties
concerned t,ms to on their duty firmly and temperately ;
and that every charge onellt to he investigated, so as to
secure the punishment of the guilty and the acquittal of
every man who was innocent. or of whose guilt there was
no proof.