The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-03-15

satisfied the jury of one or other OF two things
namely, an attempt TO do that which was illegal in
itself, or to accomplish, by illegal means, thing
lawful and Legitimate The crown said that the
traversers had consplred together 10 do that by In
timidatlon which should be done by the unbiased
will OF the Legislature itself. The indictment
| charged that the traversersh had entered into COM
mon plan to effect by multitudinous meetings,
speeches, and sedtlous articles published in news
papers, that which should be the result Of discus
SION and deliberaton in the House of Commons
and be finally settled by an act of parliament 1t
was absurd to say, that because newspaper report
ers were present at these meetings, and that every
thing was done openly and above board there could
be conspiracy. Why, one of their principal
purposes was to disseminate those speeches, and
give to the world account of the great array of
physical force that all these meetings presented
He entered at some length into the nature of the
law of conspiracy. He did not contend for mo-
ment that meetings to any amount when held for
legitimate purposes were illegal, or that speeches
made fairly for the propagation of political opin-
ions illegal but what he contended for was,
that meetings held osensbly for cne purpose,
where discomfort, dissatisfaction, and disafiec-
try, were illegal, and that these were the
means which the traversers had recourse to
for the purpose of accomplishing that which
should be done by an act OF the Legislature. He,
on the part OF the crown alleged that the raversers
had excited luminosity and -wil between differ
en classes of her Malesty's Subjects but more par
ticuary between those of England and Ireland. -
lie alleged, too, that they attempted to excite in
the army spirit OF discomfort, and that these, too,
were amongst the means resorted to in order to
bring about their ultimate object They were told
that all the evidence went to show the peaceabe
character OF all their meetings no doubt it did,
for It was part of the conspiracy to be peaceabe
for 1t was by such means only that plan of the
kind could be carried out. II was, therefore, abb
surd to say, that because all their proceedings
peaceable there could be conspiracy. The
charge against the traverserswas not for assembling,
but they were prosecuted for procuring assem-
blages of persons, and uttering and publishing
Ham ma md lola
the attainment OF one common purpose. The
crown lastly charged the traversers with combining
togeherto cast dscredlt and odium upon the legal
tribunals and administration of Justice throughout
the country The charge was not that they had
caused arblators to be appointed here and there to
settle isolated dsputes-no, the charge was that
they, or the association of which they were mem
bers, assumed the prerogatve OF the crown, by APP
pointing persons to act IN the room OF those who
had derived then authority from the Queens com
mission. They could find guilty any one of the
counts, or ii they thought that the charge not
sustained against any one or more of the traversers
and proved against others, they would acqult find
guilty accordingly lie then explained why it was
that the prosecutions had been delayed. Had they
nterered earlier the cutlery would have been great
er, andsthe proof more difficult. Warnings had
been repeatedly given, in the speech of Sir Robert
Peel on the 9th OF May, in that of the Queen on
the Propagation OF parliament, and the dismissal OF
magistrates, but government did not proceed
against them till they found the agitation an
evil of great magnitude, and really dangerous
Had they brought in a coercion bill, ii would have
been said that they wished suppress the free dis.
cusslon ofpotlcal subjects. The question had been
put, why, if the meetings Illegal, they not
prosecuted as such, and why were not the persons
: present included in the Indictment? His answer
was, that the government, finding the existence of
conspiracy felt ii their duty TO arrest its progress
IN that form, apd bring TO justice, not the subordi-
D nate instruments by which it was nendedto effect
its object, but those who were most prominent in
4; the agitation. The conspiracy, he contended was
proved by the number OF meetinss-ther continue
n ty, and their unity Of purpose. Evidence was q
ingar, at Tara, and in other parts of Ireland and
: if they TO be prosecuted unlawful assem-
blages, the consequence would be, that bills of in
dicment would have TO be sent before the several
Grand Jures, because they should be tried in the
E counties where they assembled, and the question
u could not be under discussion in that, the highest
S court of crimlca judicature in Ireland. 1t was
: wrong to have inslnuated, if not directly charged
6 that the jury were selected by the crown, or tina
d exclusion was the consequence OF religious OPT
!. Mons He would ask the jury, as men of common
il sense would il be right or fair, or impartial ITO al
e low members of the association to sit in judgmen
e | on their own leaders! should not the crown
It have taken care to have jury free from any un
y due bias? Mr. Shel sought to make anotherpol
II IN reference to the constitution OF the jury. He
Is said they were Protestants, sworn to decide
in which the traversers at the bar were Roman
II Catholics, and he called upon the jury, in order
II that their verdict might be satisfactory, TO make
+ compensation for the disadvantage under which the
n traversers labored
e Mr. She'll said what he wished to convey was
that the Jury should be more sollcltous, as sixty
Il five names were suppressed from the panel.
The Solicitor General depre Gated any attempt Ia
influence the jury by fear that their verdict would
l. be liable TO impuatiOn on religious or political
i grounds. He would make the traversers present
It ofthe acts and speeches in 1910, al and '42, and
u for argument would concede, lhat so lar as they
l. went, there was nothing exceptonable. Whatever
,. the original objects conduct of those who estab
r ished the Association in July, 1910, he commended
10
| sued course utterly at variance with the law ant
constitution. The learned gentleman then proceed
ed to animadvert the speeches Of the counsel fol
the defence, and to comment upon the various do
cuments, until five o'clock, when the Court adj
n ourned.
On Thursday sth, 22d day, at the sitting Of theil
high legal effort, this speech has not been often
|, exceeded. In calm dignity, moderation, profound
! knowledge of the law, great powers OF reasoning
wonderful cearness, and great simplicity, II stands
1; | pre-e mlnent and all the brilliant flashes OF Mr.
Shells oratory, and the wit and eloquence of Mr.
/ Whitesde, have waned away before tit has, in
d deed, to use a vulgar phrase, most efiectually
J., taken the gilt of the trayersers' gingerbread,
and the tnse defences and decorations with which
a The ingenuity Of counsel had shrouded their case
have been torn away, shred after shred, by the.ear
nest and well directed attacks of Mr. Greene
e Having proceeded with the meetings as far as Null
laghmast the learned gentleman said he feared he
e would not be able TO terminate his that eve
uing and the court was adjourned till 10 o'clock on
d Friday. AlthOugh every cauuon should be taken
in alludng to such subject the probable decision
of the Jury, it may be stated that there many
very curious rumors aoat TO the nature of their
verdict many gossppers strcnuously asserting that
Q there will not be any at all, and others-as their
!. wishes lead them-kindly arranging the matter in
e their own minds for the crown the traversers.
I The Chief Justice and Mr.. Justice CraU ,ton, are
. most asslduous in taking notes.
2 On Friday the 9th, the twenty-third day,
t the Solicitor General continued his address this
v moving at ten o'clock, and concluded about two.
, The Chief Jnstce then proceeded to charge the
0 Jury AS far as his lordshp has gone up to post
( hour, his address is most unfayorable to the ira
yerscrs lie has characterised the opinions broach-
ed as to the Queens prerogative as seditous and
has altogether agreed in the definition of the law
!. of conspiracy, as laid down by the Crown. 1t was
probable the charge would not conclude that night.
e The DUBLIN CoRroRATIoS. The following is the