The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-03-14

ing of it, | find that conspiracy is ga private
agreement! between several persons TO- commit
crime" Now. that isthe common definition of
the word but II has been taken under the special
| protection OF the gentlemen OF the bar and they
not content with the common sense meaning, take
the word in two-fold sense, IN way oil their
own they have two hooks to their line--and tell
you that you must spell out conspiracy by impli-
cation, where You have no evidence of any agree
| ment existing Well, let us take the conspiracy
which is alleged in the present case and see what
are Its negative and affirmative qualities; let us
what Is the evidence brought by the crown to es-
tablish T.. In the first place, 1t Is admitted by the
that the conspiracy does not consist Of any prl
vate agreement-any secret society-they do not
a!lege any private iDformaton--no, not even a sim
| gle private conversation. Every thing was Open
| unconcealed, public, as clear TO the eyes Of the
whole world as the MONDAY sun. Its evidence
was to be found IN the columns of the Evening
Mail quite as much as in the Evening Post. 1t was
raked up out OF that secret abyss OF most secret in
| formal on-the newspaper. The conspiracy was
concocted in the face of the world, and the bellman
sent about to invite all who wished to in and be
witnesses-soi it is not easy for to defend oneself
from the charge Of conspiracy under such circum.
stances. / submit there should be an agreement
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 Attorney(ienera, or Solicitor General, or
OF her Majesty's Sergeant,at-law You see the alb
surdity, gentlemen, Of calling such an agreement
conspiracy. Is 1t, indeed, common sense!-ls 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 made7 Was it in the winter season, or in sum-
mer, in spring, in autumnl Was il on holiday,
or week-day1 What was the hour, or day, or
week, or year, on which it was entered into? Who
was It that proposed II, or who seconded it? Gentle
| men, appeal to your common sense and reason-I
ask you to place yourselves in my position, and to
suppose that you address Catholic Jury, as | ad.
| dress you, and would you not feel will not call
II lOQIGnatlOn--but mi lang IN cOrn
the idea, that such Jury should find you guilty of
conspiracy under such circumstances? There is
ton which would be required in the crime of con-
spiracy. / don't know whether even am accused
OF having been present at the formation of the
splracy; but surely if so, some time ought to have
been POINTED out that might have the benefit of
an abb, if could make 1t out Qaughter) But
here the charge is spread over much time, and
III so indefinite way, that should only take il
toss-qP whether or not Twas present on the occa-
| sion; Was the agreement in writing was ii
parole one? Really, gentlemen, if an &C
ton at Nsi Pr,us 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 it
was to certain Judge, whose time has long since
passed away-."My lord, il might not be evidence
in the transaction of G1O promissory note, but it
would be evidence to sup ort prosecution on a
criminal charge in your lordship's court" Cen
tlemen, it is not here El0 contract which is at
view Of the case will be, that if conspiracy exists
1t must be proved; and, If not proved-that it does
not exist. The Attorney General, in good sooth,
leaves 1t to our imagination to discover where the
conspiracy exists. conspiracy oughtto be re-
aty; but he leaves il altogether to you to imagine
it. don't speak in any dsparagement of his ia:
Tents. admit that he has shown much talent, land
aa ndy s hs
mortal hours-in his statement, yet in what part OF
it did he tell you where the conspiracy existed
"Wat (said he) till ! come to the closes" and when
ginning-go through the whole of it, and find out
the conspiracy the best way you cam 1t is not
with any afectation that say it, but fany could
have found out the proofs ct conspiracy existing
hours to throw those extracts into your box for you
to find hatthere was conspiracy There are the
Pilot, Nation, and Freemen, read ,hem--ii Is good
out Of the evidence they give. remember once. on
theMunster .rcut, the celebrated Egan was defend
ing case which was stated by Mr.. Hoare, gen.
strong speech. Egan, in reply to this-and, by the
way, he was sure OF his jury, which is an excuse
BY the dark oblivion OF brow" "a laugh y
sense-w why did you say se?'' "To be sure ii isl
was his reply, "but isn't it good enough for jury2"
Uaughter.( So eleven hours IS good enough for
monstrcus-to say that that is a conspiracy which
takes eleven hours to develope it. Hardy was tried
for constructive treason, and, TO celebrate his
6 6ea one Of yhe r nr was ~he dnS
one OF the Jurors, not much acquainted
with public speaking, made speech. He said.
"Mr Chairman, tell you l acquitted Hardy,
eleven hours to state the case, eight nine days
giving evidence, and know that no man could be
really guilty of treason when 80 many words were
used to tell i and such long time prove it (laugh
have made up my mind to convict man of high
treason when the case is Proved but won't be for
letting an Attorney General ransack newspapers in
order to make out a case" "a laugh) The case
the Attorney General would not have taken an hour
or half an hour to do sohe would have sript it of
its verbage---he would, as Barrister-for, though
am not IN my wig and gown, I'll stand up for the
Bar stlll--have stated plain case to the Jury-he
would have laid his bend on 1.-THE would have
shown you when, where, how, who were the men,
what was the time---the date---the crcumsta
but he leaves it all to yourselves to solve--- good
enough tor you! loud laughter) But con-
spiracy or secrecy was even imputed and you have,
therefore, nothing left but conjecture--nothng to
you, and, therefore, stand on hs---if you know it
all--there neverw a case in which the Attorney
General was SO little entitled to call Jury to spell
out something beyond the case---some,hing which
remember about the time the trials were about to
commence the hall of these Courts and The country
were full of rumors II was said that something
dark and atrocous would come out-that they had
a clue to everything. [ do soIemnIy assure YOU
that no less than seven. gentlemen were pointed
ont as betraying me. Such a man, it is said, was
seen going into Mr. Kemmis's office-anolher was
at the Castle-a third seen going into the
house of certain barriser, near your residence in
Merton square. "Do not associate ffiends," said
he to me, "with Mr.. so-and-so he is n traitor-he
will betray you;' and thus less 'han seven suf-
fered in their character exceedingly My answer
was-they have nothing to betray-mnch good
may do them if they go to these places If they in
vent theywitl be paid well for it, ask you, gentle.
men, did you NOT expect, when. empanneled in
know before-some plot dscovercd-some secret
machinatlon--some private conversation of some
OF these Traversers which would astonish you If
you were SO fortunate not TO expect all these
things, you have not been disappointed; but il you
entertained the expectation, was ever disappoint-
ment SO complete GO where you please; Search
search, consider, scan over the evidence, and a