The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-03-10


what Is the evidence brought by the crown to es-
tabsh i. In the first place, it is admitted by the
CrowH Itself that there is secrecy in the matter
that the conspiracy does not consist of any pri-
vale agreement-any secret society-they do not
aliese any private Infornation-no, not even sim
gle private conversation. Every thing was open.
unconcealed, public, clear to the eyes OF the
whole world as the MONDAY sun. lis evidence
was to be found IN the columns OF the Evening
Mail quite as much as in the Evening Post. 1t was
raked up of that secret abyss OF most secret in
concocsed in the face Of the world, and the bslmsn
sent about TO invite all who wished come in and be
winessessoi it is not easy for one to defend oneself
from the charge of conspiracy under such circum.
to constitute conspiracy, and not such an agree.
ment as Is made in that way before the world-not
an agreement which is made Tor instance in the
presence Of the law officers OF the Crown, of the
learned ACKNOWLEDGEMENT, or Solictor-Gseefal, or
Of her Majesty's Sergeant-at-law. You see the alb
surdity, gentlemen, Of calling such an agreement a
conspiracy. Is 1t, indeed, common sense?-is il to
be endured by rational men that we should be told
that such an agreement Is conspiracy! But when
was the agreement made, or how, or where was
it made? Was it in the winter season, or in sum-
mer, in spring, or In auumn! w as 1t on holiday,
or a weekday! What was the hour, or day. or
week, or year, on which it was entered INTO? Who
it thar proposed it,or who seconded it? Gentle
men, appeal to your common sense and reason-l
ask you to place yourselves in my position, and to
suppose that you address Catholic Jury as adj
it indgnation-but would you not laugh to scorn
the idea, that such Jury should find you guilty of
conspiracy under such circumstances? There is
not the slightest evidence before you Of any concoc-
ton which would be required in the crime Of con.
spracy. / don't know whether even am accused
of having been present at the formation Of the con-
spracy; but surely if SO, some time ought to have
been pointed out that l might have the benefit of
an alb, if could make It out Qaughter.) But
here the charge is spread over so much time, and
in so indefinite way, that should only take it as
toss-up whether or not Twas present on the occa-
sion. Was the agreement in writing or was it a
parole one Really, gentlemen, if an ac-
ton at Nisi Prius were to be supported by
such evidence and that you were in the box to try
the case if there were even no more than ElO
contract at stake, ask you could you find verdict
that the contract existed! 1t might be said, as il
was TO certain Judge, whose time has long since
passed away-."My lord, it might not be evidence
in the transaction of El0 promissory note, but il
would be evidence to sup ort a prosecution on a
criminal charge in your lordship's court" Gen
tlemen, it is not here E10 contract which is al
stake but as IN the case OF contract, your honest
it must be proved; and, if not proved-that it does
not exist. The Attorney General, in good sooth,
leaves it to our imagination to discover where the
conspiracy exists. A conspiracy oughtto be re-
ality but he leaves it altogether to you to imagine
Tents. I admit that he has shown much talent, and
much ingenuity, and industry, in laying this case
before you. He occupied eleven hours-eleven
itdid he tell you where the conspiracy exsted'-
"Wat (said hey till leone to the closet and when
he got to the close, eco back (said hey to the be.
ginning-go through the whole oft, and find out
with any afectation that say it, but if any could
have found out the proofs Of conspiracy existing
it would be the Attorney General. Yes, he took ii
hours to throw those extracts into yonr box for you
Pilot Nation, and Freemen, read ihem-it is good
enough for you, make out the conspiracy if you car
out OF the evidence they give. remember once, or
theMunster Circuit, the celebrated Egan was defend
ing case which was stated by MIR. Hnnre, a gen.
tleman OF a dark appearance, who made yer,
strong speech. Egan, in reply to this-and by the
way, he was sure of his jury, which is an excuse
wa wa1 1 =" b am sure you will not be led AVA,
''Why, Egan,"' said some one to him. "that is non
sense-why did you say so!'' "To be sure il is,
his reply, but isn't it good enough for jury?'
Iaughter) So eleven hours Is good enough fol
you Gentlemen, it is monstrous-t is criminaIly
monstrous-to say that that is a conspiracy which
takes eleven hours to deveope it. Hardy was tried
for constructive treason, and, to celebrate his &C
h sa Of one Of the Jurors ono was hsh drunk
one, of the Jurors, not much acquainted
with public speaking, made speech He said
''Mr. Chairman, tell you ! acquitted Hardy,
because Lord Eldon--then Sergeant Scott--took
giving evidence, and know that no man could be
really guilty Of treason when many words were
used TO tell it and such long time to prove it augh
| have made up my mind to convict man of high
treason when the case is proved, but won't be fol
letting an Attorney General ransack newspapers In
order TO make out case" "a laugh.) The case
was one exactly IN point. II a conspiracy existed
the Attorney General would not have tax EN- an hour
or half AN hour to do so--hr would have stript it
its verbage--he would, as Barrlser---fOr, though
am not in my wig and gown, lll stand up for the
Bar stlll---have stated plain to the jury he
would have laid his hand on 1.-THE would have
hOW wi than
what was the time---the date---thc circumstances
but he leaves it all TO yourselves to gooC
enough tor you! Cloud laughter) But no con
spiracy or secrecywas even imputed and YOU have
therefore, nothing left but conjecture nothing tc
suppose happened IN privae--the entire is before
you, and, therefore, stand on this-if you know i
all--there never was case In which the Attorney
General was little entitled to call Jury to spell
out something beyond the case----something which
you are left to guess at. Gentlemen, you may
remember about the time the trials were about Il
commence the hall Of THESE Courts and the country
were full Of rumors II was said that somethin,
clue to everything. ! do. solemnly assure you
that no less than seven gentlemen were pointet
out as betrayng me-. Such man, it is said, wa
seen going into Mr.. Kemmis's ofice-another wa
at the Castle-a third was seen going into tn,
house OF certain barrister your residence il
Merton. square. "Do not associate friends" sale
he to me, "with Mr.. so-and-so, he is a trator-h,
will betray you;" and thus no less than seven sui
was-they have nothing to betray--much gooC
may do them it they 60 to these places II they in
vent theyIwi he paid we'll for it. ask you gentle
men, did you not expect, when empannelled il
That box, TO hear something which you did no
Know before-some plot discovered-some secre
maGhlnatlon-some private conversation Of som,
OF these Traversers which would astonish you /
you were SO fortunate as not TO expect all thes,
things, you have not been disappointed; but il yo,
| entertained the expectation, was ever dsappoint
| ment so complete Go where you please; search
search, consider, scan over the evidence, and
conspiracy is no where to be found. All say Of tn,
Att General-is that all, has he nothing NOR,
| to tell We knew all that before, and vet thi
is the conspiracy. Yes, gentlemen, what becam,
of the dark designs, the sratagems the conspiracy
which existed in the imagination of so many--van
shed, nothing to disclose, nothing discovered1 /
would have been the duty Of the government ant
they have plenty OF resources to purchase true ties
tlmony-to prove a conspiracy, if it existed. w,
cannot conceal from OURSELVES that this is kind
ministerial crlme-that the questioni-, whether W,
shall have conciatory ministry in Office, VIII,
will enlarge the elective franchise, or the wing
| again promoted, who promised to do good deal