The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-04-15

it disclose! Why plot which was carefuIIv 90 Mite
those cautious keepers OF secrets the public newspa.
-(cheers Not one witness produced TO prove
any fact except that and were proprieors of news
papers and members Of the association then the news
papers were read III detail against the judges deter
mined that that evidence of conspiracy and here
stand before you aconvicted conspator- cheers) The
history OF nine months was given in this most
manner The chronology of the newspapers the dates
OF them were all varied week from another The
giant meetings was detailed it ap
Of these meetings was iega?-tha there was force vic
tamuit or turbulence at any one of ,hema There
gistracy or the constables the idle the md were
INUNDATED or frightened at any one of these meetings
peaceable They were admitted to he legal Each and
every one Of them were admitted to be legal But by
the dexterity Of judicial magic the forty though each
perfectly legal separately when taken together formed
conspiracy-(c It literally SO am not mock
ing you when tell literally the fact that forty one
legal meetings were held to make illegal one Forty lone
oyphers wonid not make sum- and yet in point Of law
thing and to abide the event OH the scorn and
Indignation Of mankind ought to be poured out on such
an abom,natlon Of Injustice (Cheers) ! arraign the
men as conspigators who planned such trial. arraign
as the worst species Of conspaors the who
on this mock prosecution with all the rickery and chi
fact to-day judges cali precedent tomorrow and II this
question be allowed rspose this precedent be once
established, Englishnen, there is not of you whose
case it may not be tomorrow (Cheers) say not this
to threaten or menace you say this 10 nsgate GU
he warmth VAR i IN the people Of reland for would
aware already from what have in England that it
to animate YOU give yon any motives
LOT actlng but your own generous feelings (Cheers)
atraign, therefore that prosecution against me- and tell
you you are justified in arragning for any thing
like legal form or xity, for want Of thing that you
can encounter; for It is monsrous shadow that NAV be
armed with deedly weapons by miscIeant adminstra
ton OF the law but which has in nohng that is tangi
BILE which rational man in fair conflict of argu
menf or Judicial discrimination. What is my next ar.
Tagnmen The conduct of the Judge (cheersIand here
have one consolation, that no one human being at
tempts to justify the Judge (Cheers) The usual prac.
ona IN M when any man arragned for mis-
v. he n tn Al
| rial man. and theiOpposton, if he hapnens to be an
Opposition man. suddenly discover that he really
and euogse him. having discovered that he had SO
many good qualities till he is the usual
Of whom all classes are ashamed nerson no one
praised and that man is Peneather Nobody
ogise him. is admitted that since the hdeons DAYS of
scroggs and Jeerys so onesded charge never pro-
:" h BY judicial lips cheers He is taken aback
was asserted and not denied-I it myse-he Dor.
rowed part OF the counses brief to help him
showed the bent Of his mind"out of the ulness of the
heart the mouth speakeh'he talked of the counsel on
the other side (shame) Let it be proclaimed through.
out Engandfrom the extremity of Cornwall to the high
est part OF Scotiand-le it be known throughout the
length and breadth of the land-hat there has been trial
where chief justice presiding was admitted 10 have made
the charge Of an advocate, which incapable of de.
enoe by any party or any government loud cheers J.
me. Cheers and laugh) What is my next impeach.
ment of this proceedings here to yindcate myself
/
lCheers) My next impeachment Is the management Of
the Jury panel Out Of 70 names SO slipped by accident
we mad lottery out Of 773 70 alone reaned SO were
wanting vllany) To sure il was vllany i, could not
be accident Cheers) Especially out of the g. 81 were
Roman Catholics Perhaps you do not know that am CT
that persuasion CHEERS and Iaugh) And here let mo
say, that when my esteemed and valued friend (your
Charman) awhile ago told you that the Roman Catholics
were indebted to me for my exertion in favor of their
emancipation, he might have added with TRUTH add
with prle-that sought for that emancipation not by
assertion of secaran preference or party but on the
great and glorious principle that religion is matter be
tween man and his Creator Cheers that there is no
freedom or justice in any coun ny where man is pIohi
bitsd wershppg his God according 10 the dictates Of
| his conscience Checrs) II was upon that principlc
sought ior and obtained emancipation, and would not
nave taken II upon any other principle II upon that
principle that pettioned for Protestant Dssentes
in England, and helped to obtain their emancipation
theers1 There the hand that drew the petition that
was signed by 2s 900 Catholics pray for the emanc
patton Of the Protestant Dsseniers OF England and with
John succeeded; and Peel was compelled to emancpae
the Protestant Dissenters. Cheers Pardon me for this
dgfession but 1t Is important that should understand
each other Well The people Of ireland have waited for
their own freedom Of conscience; they were in powcr
three times since the Reformation and they never perse
cnted single Protestant {CkeeIs Let us then contend
win each other in the good, the charitable the benevo
lent generous flow Of our feelings and take
particular sectarian adv antagcs and let us establish the
liberty OF all on the broad basis Of Christian
Cheers come back to the trial The 63 names slipped
out. Mark now for isoment there is somethina OF
technicality In what am going to tell you, but think
you will easily comprehend We challenged the array
on account Of the 63 names which had been dropped
In that challenge-the document is record - we
alleged that those fraudulently spoliaed
from the list we alleged that this done to the
d. The Attorney General had it in his pow or to Join
issue and say the thing had not been raudueny done
That question Of fraud would have been tried by tyers
duly sworn but he declined do So He left the allega
ton uncontroveIted verted on the ord
to this day and he relied on this that he had judges who
told him and told us that did not know who it was
that committed the fraud, we were without remedy
(shame) 1t is literally true. am here talking to the
common sense of Eng lshmen-o their sense Of honesty
and to that noble adherence fair play which above all
things else is the highest and most dgnied trait in the
English character II is common saving all oy,r the
world, when two men found fighting people who
come up are sure to take part with the other but
IN England proverbal that no two people fight that
those who come up don't see fair play am telling you
those things and appealing your lair play. There is
no one word in any other language that express
chaacter and 1t deserves to have q word coined for
tselt The fraud is uncontroverted till the present
ment the only answer we get as told you was lyon
don't know who committed the fraud and therefore there
is no remedy" suppose man is robbed and does not
know the name of the thief if he before Sir Peter
Laurie or any other OF your white witches and said
caught this man escaping from my premises with my
goods everybody would laugh at Sir Peter than
they do If he were to say 81 cannot listen to your
plant you don't know the mans name, "a laugh
And yet on that most ridiculous assertion we were told
That the fraud mnst go unpublished and we must be pun
shame.D There remains one more impeachment and
that is my mseachment of the jury that sworn. In
point oil law Protestant and Catholic have equal right
be that jury (cheers) In point OF justice it ought to
be fair play would be Chie Justice Fairplay
first step Eleven Catholics the reduced list
every one OF them uck of by the Crown Solicitor
They say, to be sure, they repeaers In the first
place, is not true that is answer In the mex,
place, II were true it would be reply; because berg
repeater might be great folly but It Is a crime /; |
Is not crime which makes man outlaw (chcers) |
and being repeater would make Juror favorable to
me, ask you whether my mos, rancorous and violent
opponentsmen who had voted three times az anst me
could he considered fair and impartial jury against
This is their own argument convict them out OF their
own mouths ] appeal to common sense, il repeater
would be favorable to not your ant, repeater
sariy favorable to another Cheers But this
was the more important to have fair jury this case
because the crime was not distinct II II had been
charge OF robbery, MURDER or forgery any human
intellect would have understood the nature Of the crime
and woud only have had to decide the fact whether the
party charged was guilty innocent Blu, here was an
imaginary crime, participating Of idealty than
reality here was something that was to be spelled
out OF the rccesses Of the criminal law and n /
emphaticaliy called for thoroughly impartial as
well as a thoroughly intelligent jury TO investi. |