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+*** START OF THE PROJECT GUTENBERG EBOOK 12853 ***
+
+[Transcriber's note: The spelling inconsistencies of the original are
+retained in this etext.]
+
+
+THE
+
+"WEARING OF THE GREEN,"
+
+_OR_
+
+THE PROSECUTED FUNERAL PROCESSION.
+
+       *       *       *       *       *
+
+  Let the echoes fall unbroken;
+     Let our tears in silence flow;
+  For each word thus nobly spoken,
+     Let us yield a nation's woe;
+  Yet, while weeping, sternly keeping
+     Wary watch upon the foe.
+
+_Poem in the_ "NATION."
+
+DUBLIN:
+
+A.M. SULLIVAN, ABBEY STREET.
+
+1868.
+
+
+
+
+THE
+
+PROSECUTED FUNERAL PROCESSION.
+
+       *       *       *       *       *
+
+The news of the Manchester executions on the morning of Saturday, 23rd
+November, 1867, fell upon Ireland with sudden and dismal disillusion.
+
+In time to come, when the generation now living shall have passed away,
+men will probably find it difficult to fully realize or understand the
+state of stupor and amazement which ensued in this country on the first
+tidings of that event; seeing, as it may be said, that the victims had
+lain for weeks under sentence of death, to be executed on this date. Yet
+surprise indubitably was the first and most overpowering emotion; for,
+in truth, no one up to that hour had really credited that England would
+take the lives of those three men on a verdict already publicly admitted
+and proclaimed to have been a blunder. Now, however, came the news that
+all was over--that the deed was done--and soon there was seen such an
+upheaving of national emotion as had not been witnessed in Ireland for a
+century. The public conscience, utterly shocked, revolted against the
+dreadful act perpetrated in the outraged name of justice. A great billow
+of grief rose and surged from end to end of the land. Political
+distinctions disappeared or were forgotten. The Manchester Victims--the
+Manchester Martyrs, they were already called--belonged to the Fenian
+organization; a conspiracy which the wisest and truest patriots of
+Ireland had condemned and resisted; yet men who had been prominent in
+withstanding, on national grounds, that hopeless and disastrous
+scheme--priests and laymen--were now amongst the foremost and the
+boldest in denouncing at every peril the savage act of vengeance
+perpetrated at Manchester. The Catholic clergy were the first to give
+articulate expression to the national emotion. The executions took place
+on Saturday; before night the telegraph had spread the news through the
+island; and on the next morning, being Sunday, from a thousand altars
+the sad event was announced to the assembled worshippers, and prayers
+were publicly offered for the souls of the victims. When the news was
+announced, a moan of sorrowful surprise burst from the congregation,
+followed by the wailing and sobbing of women; and when the priest, his
+own voice broken with emotion, asked all to join with him in praying the
+Merciful God to grant those young victims a place beside His throne, the
+assemblage with one voice responded, praying and weeping aloud!
+
+The manner in which the national feeling was demonstrated on this
+occasion was one peculiarly characteristic of a nation in which the
+sentiments of religion and patriotism are so closely blended. No stormy
+"indignation meetings" were held; no tumult, no violence, no cries for
+vengeance arose. In all probability--nay, to a certainty--all this would
+have happened, and these ebullitions of popular passion would have been
+heard, had the victims not passed into eternity. But now, they were gone
+where prayer alone could follow; and in the presence of this solemn fact
+the religious sentiment overbore all others with the Irish people. Cries
+of anger, imprecations, and threats of vengeance, could not avail the
+dead; but happily religion gave a vent to the pent-up feelings of the
+living. By prayer and mourning they could at once, most fitly and most
+successfully, demonstrate their horror of the guilty deed, and their
+sympathy with the innocent victims.
+
+Requiem Masses forthwith were announced and celebrated in several
+churches; and were attended by crowds everywhere too vast for the sacred
+edifices to contain. The churches in several instances were draped with
+black, and the ceremonies conducted with more than ordinary solemnity.
+In every case, however, the authorities of the Catholic church were
+careful to ensure that the sacred functions were sought and attended for
+spiritual considerations, not used merely for illegitimate political
+purposes; and wherever it was apprehended that the holy rites were in
+danger of such use, the masses were said privately.
+
+And soon public feeling found yet another vent; a mode of manifesting
+itself scarcely less edifying than the Requiem Masses; namely, funeral
+processions. The brutal vengeance of the law consigned the bodies of
+Allen, Larkin, and O'Brien to dishonoured graves; and forbade the
+presence of sympathising friend or sorrowing relative who might drop a
+tear above their mutilated remains. Their countrymen now, however,
+determined that ample atonement should be made to the memory of the dead
+for this denial of the decencies of sepulture. On Sunday, 1st December,
+in Cork. Manchester, Mitchelstown, Middleton, Limerick, and Skibbereen,
+funeral processions, at which thousands of persons attended, were held;
+that in Cork being admittedly the most imposing, not only in point of
+numbers, but in the character of the demonstration and the demeanour of
+the people.
+
+For more than twenty years Cork city has held an advanced position in
+the Irish national struggle. In truth, it has been one of the great
+strongholds of the national cause since 1848. Nowhere else did the
+national spirit keep its hold so tenaciously and so extensively amidst
+the people. In 1848 Cork city contained probably the most formidable
+organization in the country; formidable, not merely in numbers, but in
+the superior intelligence, earnestness, and determination of the men;
+and even in the Fenian conspiracy, it is unquestionable that the
+southern capital contributed to that movement men--chiefly belonging to
+the mercantile and commercial classes--who, in personal worth and
+standing, as well as in courage, intelligence, and patriotism, were the
+flower of the organization. Finally, it must be said, that it was Cork
+city by its funeral demonstration of the 1st December, that struck the
+first great blow at the Manchester verdict, and set all Ireland in
+motion. [Footnote: It may be truly said set the Irish race all over the
+world in motion. There is probably no parallel in history for the
+singular circumstance of these funeral processions being held by the
+dispersed Irish in lands remote, apart, as pole from pole--in the old
+hemisphere and in the new--in Europe, in America, in Australia;
+prosecutions being set on foot by the English government to punish them
+at both ends of the world--in Ireland and in New Zealand! In Hokatika
+the Irish settlers--most patriotic of Ireland's exiles--organized a
+highly impressive funeral demonstration. The government seized and
+prosecuted its leaders, the Rev. Father Larkin, a Catholic clergyman,
+and Mr. Wm. Manning, editor of the _Hokatika Celt_. A jury, terrified by
+Fenian panic, brought them in "guilty," and the patriot priest and
+journalist were consigned to a dungeon for the crime of mourning for the
+dead and protesting against judicial murder.]
+
+Meanwhile the Irish capital had moved, and was organizing a
+demonstration destined to surpass all that had yet been witnessed. Early
+in the second week of December, a committee was formed for the purpose
+of organizing a funeral procession in Dublin, worthy of the national
+metropolis. Dublin would have come forward sooner, but the question of
+the _legality_ of the processions that were announced to come off the
+previous week in Cork and other places, had been the subject of fierce
+discussion in the government press; and the national leaders were
+determined to avoid the slightest infringement of the law or the least
+inroad on the public peace. It was only when, on the 3rd of December,
+Lord Derby, the Prime Minister, replying in the House of Lords to Lord
+Dufferin, declared the opinion of the crown that the projected
+processions were not illegal, that the national party in Dublin decided
+to form a committee and organize a procession. The following were Lord
+Derby's words:--
+
+   "He could assure the noble lord that the government would continue to
+   carry out the law with firmness and impartiality. The Party
+   Processions Act, however, did not meet the case of the funeral
+   processions, the parties engaged in them having, by not displaying
+   banners or other emblems, kept within the law as far as his
+   information went."
+
+Still more strong assurance was contained in the reply of the Irish
+Chief Secretary, Lord Mayo, to a question put by Sir P. O'Brien in the
+House of Commons. Lord Mayo publicly announced and promised that if any
+new opinion as to the legality of the processions should be arrived
+at--that is, should the crown see in them anything of illegality--_due
+and timely notice would be given_ by proclamation, so that no one might
+offend through ignorance. Here are his words:--
+
+   "It is the wish of the government to act strictly in accordance with
+   the law; _and of course ample notice will be given either by
+   proclamation or otherwise_."
+
+The Dublin funeral committee thereupon at once issued the following
+announcement, by placard and advertisement:--
+
+   GOD SAVE IRELAND!
+   A PUBLIC FUNERAL PROCESSION
+
+   In honour of the Irish Patriots
+   Executed at Manchester, 23rd November,
+   Will take place in Dublin
+   On Sunday next, the 8th inst.
+
+       *       *       *       *       *
+
+   The procession will assemble in Beresford-place, near the Custom
+   House, and will start from thence at the hour of twelve o'clock noon.
+
+       *       *       *       *       *
+
+   No flags, banners, or party emblems will be allowed.
+
+       *       *       *       *       *
+
+   IRISHMEN
+
+   Assemble in your thousands, and show by your numbers and your orderly
+   demeanour your sympathy with the fate of the executed patriots.
+
+       *       *       *       *       *
+
+   IRISHWOMEN
+
+   You are requested to lend the dignity of your presence to this
+   important National Demonstration.
+
+   By Order of the Committee.
+
+   JOHN MARTIN, Chairman.
+   J.C. WATERS, Hon. Secretary.
+   JAMES SCANLAN, Hon. Secretary.
+   J.J. LALOR, Hon. Secretary.
+   DONAL SULLIVAN, Up. Buckingham-street, Treasurer.
+
+The appearance of the "funeral procession placards" all over the city on
+Thursday, 5th December, increased the public excitement. No other topic
+was discussed in any place of public resort, but the event forthcoming
+on Sunday. The first evidence of what it was about to be, was the
+appearance of the drapery establishments in the city on Saturday
+morning; the windows, exteriorly and interiorly, being one mass of crape
+and green ribbon--funeral knots, badges, scarfs, hat-bands, neckties,
+&c., exposed for sale. Before noon most of the retail, and several of
+the wholesale houses had their entire stock of green ribbon and crape
+exhausted, it being computed that _nearly one hundred thousand yards_
+had been sold up to midnight of Saturday! Meantime the committee sat _en
+permanance_, zealously pushing their arrangements for the orderly and
+successful carrying out of their great undertaking--appointing stewards,
+marshals, &c.--in a word, completing the numerous details on the
+perfection of which it greatly depended whether Sunday was to witness a
+successful demonstration or a scene of disastrous disorder. On this, as
+upon every occasion when a national demonstration was to be organized,
+the trades of Dublin, Kingstown, and Dalkey, exhibited that spirit of
+patriotism for which they have been proverbial in our generation. From
+their ranks came the most efficient aids in every department of the
+preparations. On Saturday evening the carpenters, in a body, immediately
+after their day's work was over, instead of seeking home and rest,
+refreshment or recreation after their week of toil, turned into the
+_Nation_ office machine rooms, which they quickly improvised into a vast
+workshop, and there, as volunteers, laboured away till near midnight,
+manufacturing "wands" for the stewards of next morning's procession.
+
+Sunday, 8th December, 1867, dawned through watery skies. From shortly
+after day-break, rain, or rather half-melted sleet, continued to fall;
+and many persons concluded that there would be no attempt to hold the
+procession under such inclement weather. This circumstance was, no
+doubt, a grievous discouragement, or rather a discomfort and an
+inconvenience; but so far from preventing the procession, it was
+destined to add a hundred-fold to the significance and importance of the
+demonstration. Had the day been fine, tens of thousands of persons who
+eventually only lined the streets, wearing the funeral emblems, would
+have marched in the procession as they had originally intended; but
+hostile critics would in this case have said that the fineness of the
+day and the excitement of the pageant had merely caused a hundred
+thousand persons to come out for a holiday. Now, however, the depth,
+reality, and intensity of the popular feeling was about to be keenly
+tested. The subjoined account of this memorable demonstration is
+summarised from the Dublin daily papers of the next ensuing publication,
+the report of the _Freeman's Journal_ being chiefly used:--
+
+   As early as ten o'clock crowds began to gather in Beresford-place,
+   and in an hour about ten thousand men were present. The morning had
+   succeeded to the hopeless humidity of the night, and the drizzling
+   rain fell with almost dispiteous persistence. The early trains from
+   Kingstown and Dalkey, and all the citerior townlands, brought large
+   numbers into Dublin; and Westland-row, Brunswick, D'Olier, and
+   Sackville-streets, streamed with masses of humanity. A great number
+   of the processionists met in Earlsfort-terrace, all round the
+   Exhibition, and at twelve o'clock some thousands had collected. It
+   was not easy to learn the object of this gathering; it may have been
+   a mistake, and most probably it was, as they fell in with the great
+   body in the course of half an hour. The space from the quays,
+   including the great sweep in front of the Custom-house, was swarming
+   with men, and women, and small children, and the big ungainly crowd
+   bulged out in Gardiner-street, and the broad space leading up
+   Talbot-street. The ranks began to be formed at eleven o'clock amid a
+   down-pour of cold rain. The mud was deep and aqueous, and great pools
+   ran through the streets almost level with the paths. Some of the more
+   prominent of the men, and several of the committee, rode about
+   directing and organizing the crowd, which presented a most
+   extraordinary appearance. A couple of thousand young children stood
+   quietly in the rain and slush for over an hour; while behind them, in
+   close-packed numbers, were over two thousand young women. Not the
+   least blame can be attached to those who managed the affairs of the
+   day, inasmuch as the throng must have far exceeded even their most
+   sanguine expectations. Every moment some overwhelming accession
+   rolled down Abbey-street or Eden-quay, and swelled the already
+   surging multitude waiting for the start. Long before twelve o'clock,
+   the streets converging on the square were packed with spectators or
+   intending processionists. Cabs struggled hopelessly to yield up the
+   large number of highly respectable and well-attired ladies who had
+   come to walk. Those who had hired vehicles for the day to join the
+   procession were convinced of the impracticable character of their
+   intention; and many delicate old men who would not give up the
+   design, braved the terrors of asthma and bronchitis, and joined the
+   rain-defying throng. Right across the spacious ground was one
+   unmoving mass, constantly being enlarged by ever-coming crowds. All
+   the windows in Beresford-place were filled with spectators, and the
+   rain and cold seemed to have no saddening effect on the numerous
+   multitude. The various bands of the trade were being disposed in
+   their respective positions, and the hearses were a long way off and
+   altogether in the back-ground, when, at a quarter to twelve, the
+   first rank of men moved forward. Almost every one had an umbrella,
+   but they were thoroughly saturated with the never-ceasing down-pour.
+   As the steady, well-kept, twelve-deep ranks moved slowly out, some
+   ease was given to those pent up behind; and it was really wonderful
+   to see the facility with which the people adapted themselves to the
+   orders of their directors. Every chance of falling in was seized, and
+   soon the procession was in motion. The first five hundred men were of
+   the artisan class. They were dressed very respectably, and each man
+   wore upon his left shoulder a green rosette, and on his left arm a
+   band of crape. Numbers had hat-bands depending to the shoulder;
+   others had close crape intertwined carefully with green ribbon around
+   their hats; and the great majority of the better sort adhered to this
+   plan, which was executed with a skill unmistakably feminine. Here and
+   there at intervals a man appeared with a broad green scarf around his
+   shoulders, some embroidered with shamrocks, and others decorated with
+   harps. There was not a man throughout the procession but was
+   conspicuous by some emblem of nationality. Appointed officers walked
+   at the sides with wands in their hands and gently kept back the
+   curious and interested crowd whose sympathy was certainly
+   demonstrative. Behind the five hundred men came a couple of thousand
+   young children. These excited, perhaps, the most considerable
+   interest amongst the bystanders, whether sympathetic, neutral, or
+   opposite. Of tender age and innocent of opinions on any subject, they
+   were being marshalled by their parents in a demonstration which will
+   probably give a tone to their career hereafter; and seeds in the
+   juvenile mind ever bear fruit in due season. The presence of these
+   shivering little ones gave a serious significance to the
+   procession--they were hostages to the party who had organized the
+   demonstration. Earnestness must indeed have been strong in the mind
+   of the parent who directed his little son or daughter to walk in
+   saturating rain and painful cold through five or six miles of mud and
+   water, and all this merely to say "I and my children were there." It
+   portends something more than sentiment. It is national education with
+   a vengeance. Comment on this remarkable constituent was very frequent
+   throughout the day, and when toward evening this band of boys sang
+   out with lusty unanimity a popular Yankee air, spectators were
+   satisfied of their culture and training. After the children came
+   about one hundred young women who had been unable to gain their
+   proper position, and accepted the place which chance assigned them.
+   They were succeeded by a band dressed very respectably, with crape
+   and green ribbons round their caps. These were followed by a number
+   of rather elderly men, probably the parents of the children far
+   ahead. At this portion of the procession, a mile from the point, they
+   marched four deep, there having been a gradual decline from the
+   front. Next came the bricklayers' band all dressed in green caps, a
+   very superior-looking body of men. Then followed a very imposing
+   well-kept line, composed of young men of the better class, well
+   attired and respectable looking. These wore crape hat-bands, and
+   green rosettes with harps in the centre. Several had broad green body
+   scarfs, with gold tinsel shamrocks and harps intertwined. As this
+   portion of the procession marched they attracted very considerable
+   attention by their orderly, measured tread, and the almost soldierly
+   precision with which they maintained the line. They numbered about
+   four or five thousand, and there were few who were not young, sinewy,
+   stalwart fellows. When they had reached the further end of
+   Abbey-street, the ground about Beresford-place was gradually becoming
+   clear, and the spectator had some opportunity afforded of glancing
+   more closely at the component parts of the great crowd. All round the
+   Custom-house was still packed a dense throng, and large streams were
+   flowing from the northern districts, Clontarf, the Strand, and the
+   quays. The shipping was gaily decorated, and many of the masts were
+   filled with young tars, wearing green bands on their hats. At
+   half-past twelve o'clock, the most interesting portion of the
+   procession left the Custom-house. About two thousand young women, who
+   in attire, demeanour, and general appearance, certainly justified
+   their title to be called ladies walked in six-deep ranks. The general
+   public kept pace with them for a great distance. The green was most
+   demonstrative, every lady having shawl, bonnet, veil, dress, or
+   mantle of the national hue. The mud made sad havoc of their attire,
+   but notwithstanding all mishaps they maintained good order and
+   regularity. They stretched for over half a-mile, and added very
+   notably to the imposing appearance, of the procession. So great was
+   the pressure in Abbey-street, that for a very long time there were no
+   less than three processions walking side-by-side. These halted at the
+   end of the street, and followed as they were afforded opportunity.
+   One of the bands was about to play near the Abbey-street Wesleyan
+   House, but when a policeman told them of the proximity of the place
+   of worship, they immediately desisted. The first was a very long way
+   back in the line, and the foremost men must have been near the
+   Ormond-quays, when the four horses moved into Abbey-street. They were
+   draped with black cloths, and white plumes were at their heads. The
+   hearse also had white plumes, and was covered with black palls. On
+   the side was "William P. Allen." A number of men followed, and then
+   came a band. In the earlier portion of the day there were seen but
+   two hearses, the second one bearing Larkin's name. It was succeeded
+   by four mourning coaches, drawn by two horses each. A large number
+   of young men from the monster houses followed in admirable order. In
+   this throng were very many men of business, large employers, and
+   members of the professions. Several of the trades were in great
+   force. It had been arranged to have the trade banners carried in
+   front of the artisans of every calling, but at the suggestion of the
+   chairman this design was abandoned. The men walked, however, in
+   considerable strength. They marched from their various
+   committee-rooms to the Custom-house. The quay porters were present to
+   the number of 500, and presented a very orderly, cleanly appearance.
+   They were comfortably dressed, and walked close after the hearse
+   bearing Larkin's name. Around this bier were a number of men bearing
+   in their hands long and waving palms--emblems of martyrdom. The
+   trades came next, and were led off by the various branches of the
+   association known as the Amalgamated Trades. The plasterers made
+   about 300, the painters 350, the boot and shoemakers mustered 1,000,
+   the bricklayers 500, the carpenters 300, the slaters 450, the sawyers
+   200, and the skinners, coopers, tailors, bakers, and the other
+   trades, made a very respectable show, both as to numbers and
+   appearance. Each of these had representatives in the front of the
+   procession, amongst the fine body of men who marched eight deep. The
+   whole ground near the starting place was clear at half-past one, and
+   by that time the demonstration was seen to a greater advantage than
+   previously. All down Abbey-streets, and in fact throughout the
+   procession, the pathways were crowded by persons who were practically
+   of it, though not in it. Very many young girls naturally enough
+   preferred to stand on the pathways rather than to be saturated with
+   mud and water. But it may truly be said that every second man and
+   woman of the crowds in almost every street were of the procession.
+   Cabs filled with ladies and gentlemen remained at the waysides all
+   day watching the march. The horses' heads were gaily decorated with
+   green ribbons, while every Jehu in the city wore a rosette or a crape
+   band. Nothing of special note occurred until the procession turned
+   into Dame-street. The appearance of the demonstration was here far
+   greater than at any other portion of the city. Both sides of the
+   street, and as far as Carlisle-bridge, were lined with cabs and
+   carriages filled with spectators who were prevented by the bitter
+   inclemency of the day from taking an active part in the proceedings.
+   The procession was here grandly imposing, and after Larkin's hearse
+   were no less than nine carriages, and several cabs. It is stated that
+   Mrs. Luby and Miss Mulcahy occupied one of the vehicles, and
+   relatives of others now in confinement were alleged to have been
+   present. One circumstance, which was generally remarked as having
+   great significance, was the presence in one line of ten soldiers of
+   the 86th Regiment. They were dressed in their great overcoats, which
+   they wore open so as to show the scarlet tunic. These men may have
+   been on leave, inasmuch as the great military force were confined to
+   barracks, and kept under arms from six o'clock, a.m. The cavalry were
+   in readiness for action, if necessary. Mounted military and police
+   orderlies were stationed at various points of the city to convey any
+   requisite intelligence to the authorities, and the constabulary at
+   the depot, Phoenix Park, were also prepared, if their services should
+   be required. At the police stations throughout the city large numbers
+   of men were kept all day under arms. It is pleasant to state that no
+   interference was necessary, as the great demonstration terminated
+   without the slightest disturbance. The public houses generally
+   remained closed until five o'clock, and the sobriety of the crowds
+   was the subject of the general comment.
+
+   From an early hour in the morning every possible position along the
+   quays that afforded a good view of the procession was taken advantage
+   of, and, despite the inclemency of the weather, the parapets of the
+   various bridges, commencing at Capel-street, were crowded with
+   adventurous youths, who seemed to think nothing of the risks they ran
+   in comparison with the opportunities they had of seeing the great
+   sight in all its splendour. From eleven until twelve o'clock the
+   greatest efforts were made to secure good places The side walks were
+   crowded and impassable. The lower windows of the houses were made the
+   most of by men who clutched the shutters and bars, whilst the upper
+   windows were, as a general rule, filled with the fair sex, and it is
+   almost unnecessary to add that almost every man, woman, and child
+   displayed some emblem suitable to the occasion. Indeed, the
+   originality of the designs was a striking feature. The women wore
+   green ribbons and veils, and many entire dresses of the favourite
+   colour. The numerous windows of the Four Courts accommodated hundreds
+   of ladies, and we may mention that within the building were two
+   pieces of artillery, a plentiful supply of rockets, and a number of
+   policemen. It was arranged that the rockets should be fired from the
+   roof in case military assistance was required. Contrary to the
+   general expectation, the head of the procession appeared at
+   Essex-bridge shortly before twelve o'clock. As it was expected to
+   leave Beresford-place about that time, and as such gigantic
+   arrangements are seldom carried out punctually, the thousands of
+   people who congregated in this locality were pleasantly disappointed
+   when a society band turned the corner of Mary-street and came towards
+   the quays, with the processionists marching in slow and regular time.
+   The order that prevailed was almost marvellous--not a sound was heard
+   but the mournful strains of the music, and the prevalent feeling was
+   expressed, no doubt, by one or two of the processionists, who said in
+   answer to an inquiry, "We will be our own police to-day." They
+   certainly were their own police, for those who carried white wands
+   did not spare themselves in their endeavours to maintain order in the
+   ranks. As we have mentioned already, the first part of the procession
+   reached Capel-street shortly before twelve o'clock, and some idea of
+   the extent of the demonstration may be formed from the fact that the
+   hearses did not come in view until a quarter-past one o'clock. They
+   appeared at intervals of a quarter of an hour, and were received by a
+   general cry of "hush." The number of fine, well-dressed young women
+   in the procession here was the subject of general remark, whilst the
+   assemblage of boys astonished all who witnessed it on account of its
+   extent. The variety of the tokens of mourning, too, was remarkable.
+   Numbers of the women carried laurel branches in addition to green
+   ribbons and veils, and many of the men wore shamrocks in their hats.
+   The procession passed along the quays as far as King's-bridge, and it
+   there crossed and passed up Stevens'-lane. The windows of all the
+   houses _en route_ were crowded chiefly with women, and the railings
+   at the Esplanade and at King's-bridge, were crowded with spectators.
+
+   About one o'clock the head of the procession, which had been
+   compressed into a dense mass in Stevens'-lane, burst like confined
+   water when relieved of restraint, on entering James's-street, where
+   every window and doorstep was crowded. Along the lines of footway
+   extending at either side from the old fountain up to James's-gate,
+   were literally tented over with umbrellas of every hue and shade,
+   held up as protection against the cold rain that fell in drizzling
+   showers and made the streetway on which the vast numbers stood ankle
+   deep in the slushy mud. The music of the "Dead March in Saul," heard
+   in the distance, caused the people to break from the lines in which
+   they had partially stood awaiting the arrival of the procession,
+   which now, for the first time, began to assume its full proportions.
+   As it moved along the quays at the north side of the river, every
+   street, bridge, and laneway served to obstruct to a considerable
+   extent its progress and its order, owing to interruption from
+   carriage traffic and from the crowds that poured into it and swelled
+   it in its onward course. In the vast multitudes that lined this great
+   western artery of the city, the greatest order and propriety were
+   observed, and all seemed to be impressed with the one solemn and
+   all-pervading idea that they were assembled to express their deep
+   sympathy with the fate of three men whom they believed had been
+   condemned and had suffered death unjustly. Even amongst the young
+   there was not to be recognised the slightest approach to levity, and
+   the old characteristics of a great Irish gathering were not to be
+   perceived anywhere. The wrong, whether real or imaginary, done to
+   Allen, O'Brien, and Larkin, made their memory sacred with the
+   thousands that stood for hours in the December wet and cold of
+   yesterday, to testify by their presence their feelings and their
+   sympathies. The horsemen wearing green rosettes, trimmed with crape,
+   who rode in advance of the procession, kept back the crowds at either
+   side that encroached on the space in the centre of the street
+   required for the vast coming mass to move through. On it came, the
+   advance with measured tread, to the music of the band in front, and
+   notwithstanding the mire which had to be waded through, the line went
+   on at quiet pace, and with admirable order, but there was no effort
+   at anything like semi-military swagger or pompous demonstration.
+   Every window along the route of the procession was fully occupied by
+   male and female spectators, all wearing green ribbons and crape, and
+   in front of several of the houses black drapery was suspended. The
+   tide of men, women, and children continued to roll on in the
+   drenching rain, but nearly all the fair processionists carried
+   umbrellas. It was not till the head of the vast moving throng had
+   reached James's-gate that anything like a just conception could be
+   formed of its magnitude, as it was only now that it was beginning to
+   get into regular shape and find room to extend itself. The persons
+   whose duty it was to keep the several parts of the procession well
+   together had no easy part to play, as the line had to be repeatedly
+   broken to permit the ordinary carriage traffic of the streets to go
+   on with as little delay as possible. The _cortege_ at this point
+   looked grand and solemn in the extreme because of its vastness, and
+   also because of all present appearing to be impressed with the one
+   idea. The gloomy, wet, and cheerless weather was quite in keeping
+   with the funeral march of 35,000 people. The bands were placed at
+   such proper distances that the playing of one did not interfere with
+   the other. After passing James's-gate the band in front ceased to
+   perform, and on passing the house 151 Thomas-street every head was
+   uncovered in honour of Lord Edward Fitzgerald, who was arrested and
+   mortally wounded by Major Sirr and his assistants in the front
+   bedroom of the second floor of that house. Such was the length of the
+   procession, that an hour had elapsed from the time its head entered
+   James's-street before the first hearse turned the corner of
+   Stevens'-lane. In the neighbourhood of St. Catherine's church a vast
+   crowd of spectators had settled down, and every available elevation
+   was taken possession of. At this point a large portion of the
+   streetway was broken up for the purpose of laying down water-pipes,
+   and on the lifting-crane and the heaps of earth the people wedged and
+   packed themselves, which showed at once that this was a great centre
+   of attraction--and it was, for here was executed the young and
+   enthusiastic Robert Emmet sixty-four years ago. When Allen, O'Brien,
+   and Larkin were condemned to death as political offenders, some of
+   the highest and the noblest in the land warned the government to
+   pause before the extreme penalty pronounced on the condemned men
+   would be carried into effect, but all remonstrance was in vain, and
+   on last Saturday fortnight, three comparatively unknown men in their
+   death passed into the ranks of heroes and martyrs, because it was
+   believed, and believed generally, that their lives were sacrificed to
+   expediency, and not to satisfy justice. The spot where Robert Emmet
+   closed his young life on a bloody scaffold was yesterday regarded by
+   thousands upon thousands of his countrymen and women as a holy place,
+   and all looked upon his fate as similar to that of the three men
+   whose memory they had assembled to honour, and whose death they
+   pronounced to be unjust. It would be hard to give a just conception
+   of the scene here, as the procession advanced and divided, as it
+   were, into two great channels, owing to the breaking up of the
+   streetway. On the advance of the _cortege_ reaching the top of
+   Bridgefoot-street every head was uncovered, and nothing was to be
+   heard but the measured tread of the vast mass, but as if by some
+   secret and uncontrollable impulse a mighty, ringing, and enthusiastic
+   cheer, broke from the moving throng as the angle of the footway at
+   the eastern end of St. Catherine's church, where the scaffold on
+   which Emmet was executed stood, was passed. In that cheer there
+   appeared to be no fiction, as it evidently came straight from the
+   hearts of thousands, who waved their hats and handkerchiefs, as did
+   also the groups that clustered in the windows of the houses in the
+   neighbourhood. As the procession moved on from every part of it the
+   cheers rose again and again, men holding up their children, and
+   pointing out the place where one who loved Ireland, "not wisely but
+   too well," rendered up his life. When the hearse with white plumes
+   came up bearing on the side draperies the words "William P. Allen,"
+   all the enthusiasm and excitement ceased, and along the lines of
+   spectators prayers for the repose of the soul of the departed man
+   passed from mouth to mouth; and a sense of deep sadness seemed to
+   settle down on the swaying multitude as the procession rolled along
+   on its way. After this hearse came large numbers of females walking
+   on bravely, apparently heedless of the muddy streets and the
+   unceasing rain that came down without a moment's intermission. When
+   the second hearse, bearing white plumes and the name of "Michael
+   O'Brien" on the side pendants, came up, again all heads were
+   uncovered, and prayers recited by the people for the everlasting rest
+   of the departed. Still onward rolled the mighty mass, young and old,
+   and in the entire assemblage was not to be observed a single person
+   under the influence of drink, or requiring the slightest interference
+   on the part of the police, whose exertions were altogether confined
+   to keeping the general thoroughfare clear of obstruction. Indeed,
+   justly speaking, the people required no supervision, as they seemed
+   to feel that they had a solemn duty to discharge. Fathers were to be
+   seen bearing in their arms children dressed in white and decorated
+   with green ribbons, and here, as elsewhere, was observed unmistakable
+   evidence of the deep sympathy of the people with the executed men.
+   This was, perhaps, more strikingly illustrated as the third hearse,
+   with sable plumes, came up bearing at either side the name of
+   "Michael Larkin;" prayers for his soul's welfare were mingled with
+   expressions of commiseration for his widow and children. At the
+   entrance to Cornmarket, where the streetway narrows, the crushing
+   became very great, but still the procession kept its onward course.
+   On passing the shop of Hayburne, who, it will be remembered, was
+   convicted of being connected with the Fenian conspiracy, a large
+   number of persons in the procession uncovered and cheered. In the
+   house of Roantree, in High-street, who was also convicted of
+   treason-felony, a harp was displayed in one of the drawingroom
+   windows by a lady dressed in deep mourning, and the procession loudly
+   cheered as it passed on its route.
+
+   Standing at the corner of Christchurch-place, a fine view could be
+   had of the procession as it approached Winetavern-street from
+   High-street. The compact mass moved on at a regular pace, while from
+   the windows on either side of the streets the well-dressed citizens,
+   who preferred to witness the demonstration from an elevated position
+   rather than undergo the fatigues and unpleasantness of a walk through
+   the city in such weather, eagerly watched the approach of the
+   procession. Under the guidance of the horsemen and those whose wands
+   showed it was their duty to marshal the immense throng, the
+   procession moved at an orderly pace down Winetavern-street, which,
+   spacious as it is, was in a few minutes absolutely filled with the
+   vast crowds. The procession again reached the quays, and moved along
+   Wood-quay and Essex-quay, and into Parliament-street, which it
+   reached at twenty minutes to two o'clock. Passing down
+   Parliament-street, and approaching the O'Connell statue, a number of
+   persons began to cheer, but this was promptly suppressed by the
+   leaders, who galloped in advance for some distance with a view to the
+   preservation of the mournful silence that had prevailed. This was
+   strictly enjoined, and the instruction was generally observed by the
+   processionists. The reverential manner in which the many thousands of
+   the people passed the statue of the Liberator was very observable. A
+   rather heavy rain was falling at the time, yet there were thousands
+   who uncovered their heads as they looked up to the statue which
+   expressed the noble attitude and features of O'Connell. As the
+   procession moved along through Dame-street the footways became
+   blocked up, and lines of cabs took up places in the middle of the
+   carriageway, and the police exercised a wise discretion in preventing
+   vehicles from the surrounding streets driving in amongst the crowds.
+   By this means the danger of serious accident was prevented without
+   any public inconvenience being occasioned, as a line parallel to that
+   which the procession was taking was kept clear for all horse
+   conveyances. Owing to the hour growing late, and a considerable
+   distance still to be gone over, the procession moved at a quick pace.
+   In anticipation of its arrival great crowds collected in the vicinity
+   of the Bank of Ireland and Trinity College, where the _cortege_ was
+   kept well together, notwithstanding the difficulty of such a vast
+   mass passing on through the heart of the city filled at this point
+   with immense masses of spectators. Oil passing the old
+   Parliament-house numbers of men in the procession took of their hats,
+   but the disposition to cheer was suppressed, as it was at several
+   other points along the route. Turning down Westmoreland-street, the
+   procession, marshalled by Dr. Waters on horseback, passed slowly
+   along between the thick files of people on each side, most of whom
+   displayed the mourning and national symbols, black and green. The
+   spacious thoroughfare in a few minutes was filled with the dense
+   array, which in close compact ranks pressed on, the women, youths,
+   and children, bearing bravely the privations of the day, the bands
+   preceding and following the hearses playing the Dead March, the
+   solemn notes filling the air with mournful cadence. The windows of
+   the houses on each side of the street were filled with groups of
+   spectators of the strange and significant spectacle below. With the
+   dark masses of men, broken at intervals by the groups of females and
+   children, still stretched lengthily in the rere, the first section of
+   the procession crossed Carlisle-bridge, the footways and parapets of
+   which were thronged with people, nearly all of whom wore the usual
+   tokens of sympathy. Passing the bridge, a glance to the right, down
+   the river, revealed the fact that the ships, almost without
+   exception, had their flags flying half mast high, and that the
+   rigging of several were filled with seamen, who chose this elevated
+   position to get a glimpse of the procession as it emerged into
+   Sackville-street. Here the sight was imposing. A throng of spectators
+   lined each side of the magnificent thoroughfare, and the lofty houses
+   had their windows on each side occupied with spectators. Pressing
+   onwards with measured, steady pace, regardless of the heavy rain, the
+   cold wind, and the gloomy sky, the procession soon filled
+   Sackville-street from end to end with its dense dark mass, which
+   stretching away over Carlisle-bridge, seemed motionless in the
+   distance. The procession defiled to the left of the site of the
+   O'Connell monument at the head of the street, and the national
+   associations connected with this spot was acknowledged by the large
+   numbers of the processionists, who, with uncovered heads, marched
+   past, some expressing their feelings with a subdued cheer. The
+   foremost ranks were nearing Glasnevin when the first of the hearses
+   entered Sackville-street, which, at this moment, held a numberless
+   throng of people, processionists, and spectators, the latter, as at
+   all the other points of the route, exhibiting prominently the sable
+   and green emblems, which evidenced their approval of the
+   demonstration. The hearses slowly passed along, followed by the
+   mourning carriages, the bands playing alternately "Adeste Fidelis"
+   and the "Dead March," and then followed the deep column of the
+   processionists, still marching onwards with unflagging spirit,
+   thousands seeming to be thoroughly soaked with the rain, which was
+   falling all the morning. Sackville-street was perhaps the best point
+   from which to get a correct notion of the enormous length of the
+   procession, and of the great numbers that accompanied it on its way
+   without actually entering the ranks. The base of the Nelson monument
+   was covered with spectators, and at the corners of Earl-street and
+   Henry-street there were stationary crowds, who chose these positions
+   to get a good view of the great display as it progressed towards
+   Cavendish-row. Through this comparatively narrow thoroughfare the
+   procession passed along into North Frederick-street and
+   Blessington-street, and thence by Upper Berkeley-street to the
+   Circular-road. Along this part of the route there were crowds of
+   spectators, male and female, most of whom wore the crape, and green
+   ribbons, all hurrying forward to the cemetery, the last stage of the
+   long and fatiguing journey of the procession. As the first part of
+   the array passed the Mater Misericordiæ Hospital, and came in sight
+   of the Mountjoy Prison, they gave a cheer, which was caught up by
+   those behind, and as file after file passed the prison the cheers
+   were repeated. With unbroken and undiminished ranks the procession
+   pressed on towards Glasnevin; but when the head had reached the
+   cemetery, the closing section must have been far away in the city.
+   The first part of the procession halted outside the gate of the
+   cemetery, the spacious area in front of which was in a few moments
+   completely filled by the dense masses who came up. A move then became
+   necessary, and accordingly the procession recommenced its journey by
+   passing through the open gates of the cemetery down the pathways
+   leading to the M'Manus grave, followed by some of the bands playing
+   the "Adeste Fidelis." As fast as the files passed through others
+   marched up, and when, after some time the carriage containing Mr.
+   John Martin arrived, the open ground fronting the cemetery was one
+   enormous mass of the processionists, while behind on the road leading
+   up to this point thousands were to be seen moving slowly forward to
+   the strains of the "Dead March," given out by the bands immediately
+   in front of the hearses.
+
+
+   MR. MARTIN'S ADDRESS.
+
+   On the arrival of the procession at the cemetery Mr. Martin was
+   hailed with loud applause. It being understood he would make some
+   observations, the multitude gathered together to hear him. He
+   addressed the vast multitude from the window of a house overlooking
+   the great open space in front of the cemetery. On presenting himself
+   he was received with enthusiastic cheering. When silence was obtained
+   he said:--
+
+   "Fellow-countrymen--This is a strange kind of funeral procession
+   in which we are engaged to-day. We are here, a vast multitude
+   of men, women, and children in a very inclement season of
+   the year, under rain and through mud. We are here escorting three
+   empty hearses to the consecrated last resting place of those who die
+   in the Lord (cheers). The three bodies that we would tenderly bear to
+   the churchyard, and would bury in consecrated ground with all the
+   solem rites of religion, are not here. They are away in a foreign and
+   hostile land (hear, hear), where they have been thrown into
+   unconsecrated ground, branded by the triumphant hatred of our enemies
+   as the vile remains of murderers (cries of 'no murderers,' and
+   cheers). Those three men whose memories we are here to-day to
+   honour--Allen, O'Brien, and Larkin--they were not murderers (great
+   cheering). [A Voice--Lord have mercy on them.] Mr. Martin--These men
+   were pious men, virtuous men--they were men who feared God and loved
+   their country. They sorrowed for the sorrows of the dear old native
+   land of their love (hear, hear). They wished, if possible, to save
+   her, and for that love and for that wish they were doomed to an
+   ignominious death at the hands of the British hangman (hear, hear).
+   It was as Irish patriots that these men were doomed to death
+   (cheers). And it was as Irish patriots that they met their death
+   (cheers). For these reasons, my countrymen, we here to-day have
+   joined in this solemn procession to honour their memories (cheers).
+   For that reason we say from our hearts, 'May their souls rest in
+   peace' (cries of Amen, and cheers). For that reason, my countrymen,
+   we join in their last prayer, 'God save Ireland' (enthusiastic
+   cheering). The death of these three men was an act of English policy.
+   [Here there was some interruption caused by the fresh arrivals and
+   the pushing forward.] I beg of all within reach of my voice to end
+   this demonstration as we have carried it through to the present time,
+   with admirable patience, in the best spirit, with respect, silence
+   and solemnity, to the end (cheers, and cries of 'we will'). I say the
+   death of these men was a legal murder, and that legal murder was an
+   act of English policy (cheers)--of the policy of that nation which
+   through jealousy and hatred of our nation, destroyed by fraud and
+   force our just government sixty-seven years ago (cheers). They have
+   been sixty-seven sad years of insult and robbery--of
+   impoverishment--of extermination--of suffering beyond what any other
+   subject people but ours have ever endured from the malignity of
+   foreign masters (cheers). Nearly through all these years the Irish
+   people continued to pray for the restoration of their Irish national
+   rule. They offered their forgiveness to England. They offered even
+   their friendship to England if she would only give up her usurped
+   power to tyrannise over us, and leave us to live in peace, and as
+   honourable neighbours. But in vain. England felt herself strong
+   enough to continue to insult and rob us, and she was too greedy and
+   too insolent to cease from robbing and insulting us (cheers). Now it
+   has come to pass as a consequence of that malignant policy pursued
+   for so many long years--it has come to pass that the great body of
+   the Irish people despair of obtaining peaceful restitution of our
+   national rights (cheers). And it has also come to pass that vast
+   numbers of Irishmen, whom the oppression of English rule forbade to
+   live by honest industry in their own country, have in America learned
+   to become soldiers (cheers). And those Irish soldiers seem resolved
+   to make war against England (cheers). And England is in a panic of
+   rage and fear in consequence of this (loud cheers). And being in a
+   panic about Fenianism, she hopes to strike terror into her Irish
+   malcontents by a legal murder (loud cheers). England wanted to show
+   that she was not afraid of Fenianism--[A Voice--'She will be.'] And
+   she has only shown that she is not afraid to do injustice in the face
+   of Heaven and of man. Many a wicked statute she has framed--many a
+   jury she has packed, in order to dispose of her Irish political
+   offenders--but in the case of Allen, O'Brien, and Larkin, she has
+   committed such an outrage on justice and decency as to make even many
+   Englishmen stand aghast. I shall not detain you with entering into
+   details with which you are all well acquainted as to the shameful
+   scenes of the handcuffing of the untried prisoners--as to the
+   shameful scenes of the trial up to the last moment, when the three
+   men--our dearly beloved Irish brethren, were forced to give up their
+   innocent lives as a sacrifice for the cause of Ireland (loud cheers);
+   and, fellow-countrymen, these three humble Irishmen who represented
+   Ireland on that sad occasion demeaned themselves as Christians, as
+   patriots, modestly, courageously, piously, nobly (loud cheers). We
+   need not blush for them. They bore themselves all through with a
+   courage worthy of the greatest heroes that ever obtained glory upon
+   earth. They behaved through all the trying scenes I referred to with
+   Christian patience--with resignation to the will of God--(hear,
+   hear)--with modest, yet proud and firm adherence to principle
+   (cheers). They showed their love to Ireland and their fear of God
+   from the first to the last (cheers). It is vain for me to attempt to
+   detain you with many words upon this matter. I will say this, that
+   all who are here do not approve of the schemes for the relief of
+   Ireland that these men were supposed to have contemplated; but all
+   who love Ireland, all generous, Christian men, and women, and
+   children of Ireland--all the children growing up to be men and women
+   of Ireland (hear, hear)--all those feel an intense sympathy, an
+   intense love for the memories of these three men whom England has
+   murdered in form of law by way of striking terror into her Irish
+   subjects. Fellow-countrymen, it is idle almost for me to persist in
+   addressing weak words of mine to you--for your presence here
+   to-day--your demeanour all through--the solemn conduct of the vast
+   multitude assembled directly under the terrorism of a hostile
+   government--say more than the words of the greatest orator--more than
+   the words of a Meagher could say for you (cheers). You have behaved
+   yourselves all through this day with most admirable spirit as good
+   Irishmen and women--as good boys and girls of holy Ireland ought to
+   be (cheers), and I am sure you will behave so to the end (cries of
+   yes, yes). This demonstration is mainly one of mourning for the fate
+   of these three good Irishmen (cheers), but fellow-countrymen, and
+   women, and boys, and girls, it is also one of protest and indignation
+   against the conduct of our rulers (hear, hear, and cheers) Your
+   attendance here to-day is a sufficient protest. Your orderly
+   behaviour--your good temper all through this wretched weather--your
+   attendance here in such vast numbers for such a purpose--avowedly and
+   in the face of the terrorism of the government, which falls most
+   directly upon the metropolis--that is enough for protest. You in your
+   multitudes, men, women, and children, have to-day made that protest.
+   Your conduct has been admirable for patience, for good nature, for
+   fine spirit, for solemn sense of that great duty you were resolved to
+   do. You will return home with the same good order and
+   inoffensiveness. You will join with me now in repeating the prayer of
+   the three martyrs whom we mourn--'God save Ireland!' And all of you,
+   men, women, and boys and girls that are to be men and women of holy
+   Ireland, will ever keep the sentiment of that prayer in your heart of
+   hearts." Mr. Martin concluded amid enthusiastic cheering.
+
+   At the conclusion of his address, Mr. Martin, accompanied by a large
+   body of the processionists, proceeded to the cemetery, where Mr.
+   Martin visited the grave of Terence Bellew M'Manus. The crowds walked
+   around the grave as a mark of respect for the memory of M'Manus. Mr.
+   Martin left the cemetery soon after, end went to his carriage; the
+   people gathered about him and thanked him, and cheered him loudly.
+   The vast assemblage dispersed in the most orderly and peaceful
+   manner, and returned to their homes. They had suffered much from the
+   severity of the day, but they exhibited to the end the most
+   creditable endurance and patience. In the course of an hour the roads
+   were cleared and the city soon resumed its wonted quiet
+   aspect.[Footnote: In consequence of some vile misstatements in the
+   government press, which represented the crowd to have not only
+   behaved recklessly, but to have done considerable damaged to the
+   graves, tombs, shrubs, and fences in the cemetery, Mr. Coyle,
+   secretary to the Cemetery Board, published in the _Freeman_ an
+   official contradiction, stating that not one sixpence worth of damage
+   had been done. It is furthermore worthy of note, that at the city
+   police offices next morning not one case arising out of the
+   procession was before the magistrates, and the charges for
+   drunkenness were one-fourth below the average on Mondays!]
+
+Of the numbers in the procession "An Eye-witness," writing in the
+_Freeman_, says:--
+
+
+   The procession took one hour and forty minutes to pass the Four
+   Courts. Let us assume that as the average time in which it would pass
+   any given point, and deduct ten minutes for delays during that time.
+   If, then, it moved at the rate of two and a-half miles per hour, we
+   find that its length, with those suppositions, would be three and
+   three-quarters miles. From this deduct a quarter of a mile for breaks
+   or discrepancies, for we find the length of the column, if it moved
+   in a continuous line, to be three and a-half miles. We may now
+   suppose the ranks to be three feet apart, and consisting of ten in
+   each, at an average. The total number is therefore easily obtained by
+   dividing the product of 3-1/2 and 5,280 by 3, and multiplying the
+   quotient by 10. This will give as a result 61,600 which, I think, is
+   a fair approximation to the number of people in the procession alone.
+
+
+Even in the columns of the _Irish Times_ a letter appeared giving an
+honest estimate of the numbers in the procession. It was signed
+"T.M.G.," and said:--
+
+   I believe there was not fewer than 60,000 persons taking part in the
+   procession on Sunday. My point of observation was one of the best in
+   the city, seeing, as I could, from the entrance to the Lower Castle
+   Yard to the College Gates. I was as careful in my calculation as an
+   almost quick march would allow. There were also a few horsemen, three
+   hearses, and sixty-one hired carriages, cabs, and cars. A
+   correspondent in your columns this morning speaks of rows of from
+   four to nine deep; I saw very many of from ten to sixteen deep,
+   especially among the boys. The procession, took exactly eighty
+   minutes to pass this. There were several thousand onlookers within my
+   view.
+
+Of the ladies in the procession the _Freeman's Journal_ bore the
+following testimony, not more generous than truthful:--
+
+   The most important physical feature was not, however, the respectable
+   dress, the manly bearing, the order, discipline, and solemnity of the
+   men, but the large bodies of ladies who, in rich and costly attire,
+   marched the whole length of the long route, often ankle deep in mud,
+   utterly regardles of the incessant down-pour of rain which deluged
+   their silks and satins, and melted the mourning crape till it seemed
+   incorporated with the very substance of the velvet mantles or rich
+   shawls in which so many of the fair processionists were enveloped. In
+   vain did well-gloved hands hold thousands of green parasols and
+   umbrellas over their heads as they walked four and five deep through
+   the leading thoroughfares yesterday. The bonnets with their 'green
+   and crape' were alone defensible, velvets and Paisleys, silks and
+   satins, met one common fate--thorough saturation. Yet all this and
+   more was borne without a murmur. These ladies, and there were many
+   hundreds of them, mingled with thousands in less rich attire, went
+   out to cooperate with their fathers, brothers, and sweethearts in
+   honouring three men who died upon the ignominious gallows, and they
+   never flinched before the torrents, or swerved for an instant from
+   the ranks. There must be some deep and powerful influence underlying
+   this movement that could induce thousands of matrons and girls of
+   from eighteen to two and-twenty, full of the blushing modesty that
+   distinguishes Irishwomen, to lay aside their retiring characteristics
+   and march to the sound of martial music through every thoroughfare in
+   the metropolis of this country decked in green and crape.
+
+The Dublin correspondent of the _Tipperary Free Press_ referred to the
+demonstration as follows:--
+
+   Arrived in Sackville-street we were obliged to leave our cab and
+   endeavour, on foot, to force a way to our destination. This
+   magnificent street was crowded to repletion, and the approaches to
+   Beresford-place were 'black with people.' It was found necessary,
+   owing to the overwhelming numbers that assembled, to start the
+   procession before the hour named for its setting forth, and so it was
+   commenced in wonderful order, considering the masses that had to be
+   welded into shape. Marshals on foot and on horseback proceeded by the
+   side of those in rank and file, and they certainly wore successful in
+   preserving regularity of procedure. Mourning coaches and cabs
+   followed, and after each was a procession of women, at least a
+   thousand in number. Young and old were there--all decked in some
+   shape or other with green; many green dresses--some had green
+   feathers in their hats, but all had green ribbons prominently
+   displayed. The girls bore all the disagreeability of the long route
+   with wonderful endurance; it was bitterly cold--a sleety rain fell
+   during the entire day, and the roads were almost ankle deep in
+   mud--yet when they passed me on the return route they were apparently
+   as unwearied as when I saw them hours before. As the procession
+   trooped by--thousand after thousand--there was not a drunken man to
+   be seen--all were calm and orderly, and if they were, as many of them
+   were--soaked through--wet to the skin--they endured the discomfiture
+   resolutely. The numbers in the procession have been variously
+   estimated, but in my opinion there could not have been less than
+   50,000. But the demonstration was not confined to the processionists
+   alone; they walked through living walls, for along the entire route a
+   mass of people lined the way, the great majority of whom wore some
+   emblem of mourning, and every window of every house was thronged with
+   ladies and children, nearly all of whom were decorated. All semblance
+   of authority was withdrawn from sight, but every preparation had been
+   made under the personal direction of Lord Strathnairn, the
+   commander-in-chief, for the instant intervention of the military, had
+   any disturbances taken place. The troops were confined to barracks
+   since Saturday evening; they were kept in readiness to march at a
+   moment's notice; the horses of the cavalry were saddled all day long,
+   and those of the artillery were in harness. A battery of guns was in
+   the rere yard of the Four Courts, and mounted orderlies were
+   stationed at arranged points so as to convey orders to the different
+   barracks as speedily as possible. But, thanks to Providence, all
+   passed off quietly; the people seemed to feel the responsibility of
+   their position, and accordingly not even an angry word was to be
+   heard throughout the vast assemblage that for hours surged through
+   the highways of the city.
+
+The _Ulster Observer_, in the course of a beautiful and sympathetic
+article, touched on the great theme as follows:--
+
+   The main incidents of the singular and impressive event are worthy of
+   reflection. On a cold December morning, wet and dreary as any morning
+   in December might be, vast crowds assembled in the heart of Dublin to
+   follow to consecrated ground the empty hearses which bore the names
+   of the Irishmen whom England doomed to the gallows as murderers. The
+   air was piercingly chill, the rain poured down in torrents, the
+   streets were almost impassable from the accumulated pools of mingled
+   water and mud, yet 80,000 people braved the inclemency of the
+   weather, and unfalteringly carried out the programme so fervently
+   adopted. Amongst the vast multitude there were not only stalwart men,
+   capable of facing the difficulties of the day, but old men, who
+   struggled through and defied them; and, strangest of all, 'young
+   ladies, clothed in silk and velvet,' and women with tender children
+   by their sides, all of whom continued to the last to form a part of
+   the _cortege_, although the distance over which it passed must have
+   taxed the strongest physical energy. What a unanimity of feeling, or
+   rather what a naturalness of sentiment does not this wonderful
+   demonstration exhibit? It seems as if the 'God save Ireland' of the
+   humble successors of Emmet awoke in even the breast of infancy the
+   thrill which must have vibrated sternly and strongly in the heart of
+   manhood. Without exalting into classical grandeur the simple and
+   affectionate devotion of a simple and unsophisticated people, we
+   might compare this spectacle to that which ancient Rome witnessed,
+   when the ashes of Germanicus were borne in solemn state within her
+   portals. There were there the attendant crowd of female mourners, and
+   the bowed heads and sorrowing hearts of strong men. If the Irish
+   throngs had no hero to lament, who sustained their glory in the
+   field, and gained for them fresh laurels of victory, theirs was at
+   least a more disinterested tribute of grief, since it was paid to the
+   unpretending merit which laid down, life with the simple prayer of
+   'God save Ireland!' Amidst all the numerous thousands who proceeded
+   to Glasnevin, there was not, probably, one who would have sympathised
+   with any criminal offence, much less with the hideous one of murder.
+   And yet these thousands honoured and revered the memory of the men
+   condemned in England as assassins, and ignominiously buried in
+   felons' graves.
+
+
+This mighty demonstration--at once so unique, so solemn, so impressive,
+so portentous--was an event which the rulers of Ireland felt to be of
+critical importance. Following upon the Requiem Masses and the other
+processions, it amounted to a great public verdict which changed beyond
+all resistance the moral character of the Manchester trial and
+execution. If the procession could only have been called a "Fenian"
+demonstration, then indeed the government might hope to detract from its
+significance and importance. The sympathy of "co-conspirators" with
+fallen companions could not well be claimed as an index of general
+_public opinion_. But here was a demonstration notoriously apart from
+Fenianism, and it showed that a moral, a peaceable, a virtuous, a
+religious people, moved by the most virtuous and religious instincts,
+felt themselves coerced to execrate as a cowardly and revolting crime
+the act of state policy consummated on the Manchester gibbet. In fine,
+the country was up in moral revolt against a deed which the perpetrators
+themselves already felt to be of evil character, and one which they
+fain would blot for ever from public recollection.
+
+What was to be done? For the next ensuing Sunday similar demonstrations
+were announced in Killarney, Kilkenny, Drogheda, Ennis, Clonmel,
+Queenstown, Youghal, and Fermoy--the preparations in the first named
+town being under the direction of, and the procession about to be led
+by, a member of parliament, one of the most distinguished and
+influential of the Irish popular representatives--The O'Donoghue. What
+was to be done? Obviously, as the men had been hanged, there could be no
+halting halfway now. Having gone so far, the government seemed to feel
+that it must need go the whole way, and choke off, at all hazards, these
+inconvenient, these damnatory public protests. No man must be allowed to
+speak the Unutterable Words, which, like the handwriting on the wall in
+the banquetting hall of Belshazzar, seemed ever to be appearing before
+the affrighted consciences of Ireland's rulers. Be it right or be it
+wrong, be it justice or be it murder, the act must now be upheld--in
+fact, must not be alluded to. There must be _silence_ by law, on what
+had been done beneath the Manchester gallows-tree.
+
+But here there presented itself a difficulty. Before the government had
+any idea that the public revulsion would become so alarmingly extensive,
+the responsible ministers of the crown, specifically interrogated on the
+point, had, as we have seen, declared the funeral processions not to be
+illegal, and how, now, could the government interpose to prevent them?
+It certainly was a difficulty which there was no way of surmounting save
+by a proceeding which in any country constitutionally governed would
+cost its chief authors their lives on impeachment. The government,
+notwithstanding the words of its own responsible chiefs--_on the faith
+of which the Dublin procession was held, and numerous others were
+announced_--decided to treat as illegal the proceedings they had but a
+week before declared to be _not_ illegal; decided to prosecute the
+processionists who had acted on the government declarations; and decided
+to prevent, by sabre and cannon--by slaughter if necessary--the further
+processions announced in Killarney, Clonmel, Kilkenny, and elsewhere!
+
+On the evening of Thursday, the 12th December, Dublin city was flung
+into the most intense excitement by the issue of the following
+Government Proclamation:--
+
+       *       *       *       *       *
+
+   BY THE LORD LIEUTENANT AND COUNCIL OF IRELAND.
+
+   A PROCLAMATION.
+
+   ABERCORN.
+
+   Whereas it has been publicly announced that a meeting is to assemble
+   in the city of _Kilkenny_, and that a procession is to take place
+   there on Sunday, 15th day of December instant:
+
+   And whereas placards of the said intended meeting and procession have
+   been printed and circulated, stating that the said intended
+   procession is to take place in honour of certain men lately executed
+   in Manchester for the crime of murder, and calling upon Irishmen to
+   assemble in thousands for the said procession:
+
+   And whereas meetings and processions of large numbers of persons have
+   been already held and have taken place in different parts of the
+   United Kingdom of Great Britain and Ireland under the like pretence,
+   at some of which, and particularly at a meeting and procession in the
+   city of Dublin, language of a seditious and inflammatory character
+   has been used, calculated to excite discontent and disaffection in
+   the minds of her Majesty's subjects, and to create ill-will and
+   animosity amongst them, and to bring into hatred and contempt the
+   government and constitution of the country as by law established:
+
+   And whereas the said intended meeting and procession, and the objects
+   of the persons to be assembled, and take part therein, are not legal
+   or constitutional, but are calculated to bring into hatred and
+   contempt the government of the United Kingdom as by law established,
+   and to impede the administration of justice by intimidation, and the
+   demonstration of physical force.
+
+   Now we, the Lord Lieutenant and General Governor of Ireland, by and
+   with the advice of her Majesty's Privy Council in Ireland, being
+   satisfied that such meetings and processions as aforesaid can only
+   tend to serve the ends of factious, seditions, and traitorous
+   persons, and to the violation of the public peace, do hereby caution
+   and forewarn all persons whomsoever that they do abstain from
+   assembling at any such meeting, and from joining or taking part in
+   any such procession.
+
+   And we do hereby order and enjoin all magistrates and officers
+   entrusted with the preservation of the public peace, and others whom
+   it may concern, to aid and assist the execution of the law, in
+   preventing the said intended meeting and procession, and in the
+   effectual suppression of the same.
+
+   Given at the Council Chamber in Dublin, this Twelfth day of
+   December, 1807.
+
+
+   RICHARD C. DUBLIN.
+   A. BREWSTER, C.
+   MAYO.
+   STRATHNAIRN.
+   FRED. SHAW.
+   R. KEATINGE.
+   WILLIAM KEOGH.
+   JOHN E. WALSH.
+   HEDGES EYRE CHATTERTON.
+   ROBERT R. WARREN.
+
+Everybody knew what this proclamation meant. It plainly enough announced
+that not only would the further demonstrations be prevented, but that
+the Dublin processionists were to feel "the vengeance of the law"--that
+is the vengeance of the Manchester executioners. Next day the city was
+beset with the wildest rumours as to the arrests to be made or the
+prosecutions to be commenced. Everyone seemed to conclude of course that
+Mr. John Martin, Mr. A.M. Sullivan, and the Honorary Secretaries of the
+Procession Committee, were on the crown prosecutor's list; but besides
+these the names of dozens of gentlemen who had been on the committee, or
+who had acted as stewards, marshals, &c., at the funeral, were likewise
+mentioned. On Saturday it became known that late on the previous evening
+crown summonses had been served on Mr. J.J. Lalor, Dr. J.C. Waters, and
+Mr. James Scanlan, requiring them to attend on the following Tuesday at
+the Head Police Office to answer informations sworn against them for
+taking part in an "illegal procession" and a "seditious assembly." A
+summons had been taken out also against Mr. Martin; but as he had left
+Dublin for home on Friday, the police officers proceeded after him to
+Kilbroney, and "served" him there on Saturday evening.
+
+Beside and behind this open move was a secret castle plot so utterly
+disreputable that, as we shall see, the Attorney-General, startled by
+the shout of universal execration which it elicited, sent his official
+representative into public court to repudiate it as far as _he_ was
+concerned, and to offer a public apology to the gentlemen aggrieved by
+it. The history of that scandalous proceeding will appear in what
+follows.
+
+On Monday, 16th December, 1867, the Head Police Office, Exchange-court,
+Dublin, presented an excited scene. The daily papers of the day report
+the proceedings as follows:--
+
+   At one o'clock, the hour appointed by the summons, the defendants
+   attended in court, accompanied by their professional advisers and a
+   number of friends, including Alderman Plunkett, Mr. Butler, T.C.; the
+   Rev. P. Langan, P.P., Ardcath; A.M. Sullivan, T.C.; T.D. Sullivan,
+   J.J. Lalor, &c. Mr. Dix and Mr. Allen, divisional magistrates,
+   presided. Mr. James Murphy, Q.C., instructed by Mr. Anderson,
+   represented the crown. Mr. Heron, Q.C., and Mr. Molloy appeared for
+   J.J. Lalor. Mr. Crean appeared for Dr. Waters. Mr. Scallan appeared
+   as solicitor for J.J. Lalor and for Dr. Waters.
+
+   It was generally understood, on arrival at the Head-office, that the
+   cases would be heard in the usual court up stairs, and, accordingly,
+   the defendants and the professional gentlemen waited in the court for
+   a considerable time after one o'clock. It was then stated that the
+   magistrates would sit in another court down stairs, and all the
+   parties moved towards the door for the purpose of going there. Then
+   another arrangement was made, that the change would not take place,
+   and the parties concerned thereupon returned to their places. But in
+   a few minutes it was again announced that the proceedings would be in
+   the court down stairs. A general movement was made again by
+   defendants, by counsel, by solicitors, and others towards that court,
+   but on arriving at the entrances they were guarded by detectives and
+   police. The benches, which ought to have been reserved for the bar
+   and solicitors, and also for the press, were occupied by detectives,
+   and for a considerable time great difficulty was experienced in
+   getting places.
+
+   Mr. George M'Dermott, barrister, applied to the magistrates to assign
+   a place for the members of the bar.
+
+   Mr. Dix--I don't know that the bar, unless they are engaged in the
+   cases, have any greater privilege than anyone else. We have a
+   wretched court here.
+
+   Mr. M'Dermott said the bar was entitled to have room made for them
+   when it could be done.
+
+   Mr. W.L. Hackett--All the seats should not be occupied by policemen
+   to the exclusion of the bar.
+
+   Mr. Scallan, solicitor, who spoke from the end of the table,
+   said--Your worships, I am solicitor for one of the traversers, and I
+   cannot get near my counsel to communicate with him. The court is
+   filled with detectives.
+
+   Mr. Molloy--My solicitor has a right to be here; I want my solicitor
+   to be near me.
+
+   Mr. Dix--Certainly; how can men defend their clients if they are
+   inconvenienced.
+
+   An appeal was then made to the detectives who occupied the side bar
+   behind the counsel to make way.
+
+   Mr. Murphy, Q.C., said one was a policeman who was summoned. Mr.
+   Dix--The police have no right to take seats.
+
+   The detectives then yielded, and the professional gentlemen and the
+   reporters were accommodated.
+
+   Mr. Dix then called the cases.
+
+   Mr. Molloy--I appear with Mr. Heron, Q.C., on behalf of J.J. Lalor.
+
+   Mr. Crean--I appear for Dr. Waters.
+
+   Mr. John Martin--I appear on behalf of myself.
+
+   Mr. Crean--I understand there is an impression that Dr. Waters has
+   been summoned, but he has not.
+
+   Mr. Dix--If he appears that cures any defect.
+
+   Mr. Crean--I appear on his behalf, but I believe his personal
+   attendance is necessary.
+
+   Mr. Dix--Does anyone appear for Mr. Scanlan?
+
+   There was no answer.
+
+   Mr. Murphy, Q.C.--I ask whether Dr. Waters and Mr. Lalor appear in
+   court.
+
+   Mr. Molloy--My client Mr. Lalor, is in court.
+
+   Mr. Crean--I believe my client is not in court.
+
+   Mr. Murphy, Q.C.--I will prove the service of the summons against Dr.
+   Waters. If there is any defect in the summons it can be remedied. I
+   will not proceed against any person who does not appear.
+
+   Mr. Dix--Am I to take it there is no appearance for Dr. Waters or Mr.
+   Scanlan?
+
+   Mr. Crean--I appear for Dr. Waters. I believe he is not in court. It
+   was stated in the newspapers that he was summoned, but I am
+   instructed he has not been summoned at all.
+
+Mr. Murphy, Q.C., then proceeded in a careful and precise address to
+state the case for the crown. When he had concluded, and was about
+calling evidence, the following singular episode took place:--
+
+   Mr. Dix--You only proceed against two parties?
+
+   Mr. Murphy--I shall only proceed against the parties who
+   attend--against those who do not attend I shall not give evidence.
+
+   Mr. John Martin--If I am in order I would say, to save the time of
+   the court and to save the public money, that I would be very glad to
+   offer every facility to the crown. I believe, Sir, you (to Mr.
+   Murphy) are the crown?
+
+   Mr. Murphy--I represent the crown.
+
+   Mr. Martin--I will offer every facility to the crown for establishing
+   the facts both as to my conduct and my words.
+
+   Mr. A.M. Sullivan--I also will help you to put up some one, as you
+   seem scarce of the accused. I have been summoned myself--
+
+   Mr. Dix--Who are you?
+
+   Mr. Sullivan--My name is Alexander M. Sullivan, and, meaning no
+   disrespect to either of the magistrates, I publicly refuse even to
+   be sworn. I was present at the funeral procession--I participated in
+   it openly, deliberately, heartily--and I denounce as a personal and
+   public outrage the endeavour to degrade the national press of this
+   country by attempting to place in the light of--
+
+   Mr. Dix--I cannot allow this. This is not a place for making
+   speeches. I understand you are not summoned here at all.
+
+   Mr. Murphy--He is only summoned as a witness.
+
+   Mr. Dix--When you (to Mr. Sullivan) are called on will be the time to
+   hear you, not now.
+
+   Mr. Sullivan--I ask your worship, with your usual courtesy, to hear
+   me while I complain publicly of endeavouring to place the editor of a
+   national journal on the list of crown witnesses in this court as a
+   public and personal indignity--and as an endeavour to destroy the
+   influence of that national press, whose power they feel and fear, but
+   which they dare not prosecute. I personally complain--
+
+   Mr. Murphy--I don't know that this should be permitted.
+
+   Mr. Sullivan--Don't interrupt me for a moment.
+
+   Mr. Dix--Mr. Sullivan wants to have himself included in the summons
+   and charge.
+
+   Mr. Murphy--That cannot be done at present.
+
+   Mr. Sullivan--With one sentence I will conclude.
+
+   Mr. Murphy--I don't intend to have you called as a witness--
+
+   Mr. Sullivan--It is an endeavour to accomplish my imprisonment for
+   contempt, when the government "willing to wound, afraid to strike,"
+   know that they dare not accuse me as a Fenian--
+
+   Mr. Dix--You are not here as a Fenian.
+
+   Mr. Sullivan--For a moment. Knowing well, your worship, that they
+   could not get in all Ireland a jury to convict me, to secure my
+   imprisonment openly and fairly, they do this. I now declare that I
+   participated in that funeral, and I defy those who were guilty of
+   such cowardice as to subpoena me as a crown witness (applause).
+
+   Mr. Crean--I perceive that my client, Dr. C. Waters, is now in court.
+   In order to facilitate business, I shall offer no further objection;
+   but, as a matter of fact, he was not summoned.
+
+Then the case proceeded, the police giving their evidence on the whole
+very fairly, and testifying that the procession was one of the most
+peaceable, orderly, solemn, and impressive public demonstrations ever
+seen in Dublin. Against Mr. Martin it was testified that he marched at
+the head of the procession arm-in-arm with Mr. A.M. Sullivan and another
+gentleman; and that he delivered the memorable speech at the cemetery
+gate. Against Dr. Waters and Mr. Lalor it was advanced that they were
+honorary secretaries of the funeral committee, and had moreover acted,
+the former as a marshal, the latter as a steward in the procession. It
+was found, however, that the case could not be closed that day; and
+accordingly, late in the evening, the magistrates intimated that they
+would adjourn over to next morning. Suddenly from the body of the court
+is heard a stentorian voice:--
+
+   Mr. Bracken--I am summoned here as a crown witness. My name is Thomas
+   Bracken. I went, heart and soul into that procession (applause)--
+
+   Mr. Anderson, junior--I don't know this gentleman.
+
+   Mr. Bracken--I am very proud that neither you nor any one like you
+   knows me (applause).
+
+   Mr. Dix--I cannot hear you.
+
+   Mr. Bracken--I have been brought here as a crown witness away from my
+   business, and losing my time here.
+
+   Mr. Donal Sullivan--I am another, and I avow myself in the same way.
+
+   Several voices--"So am I."
+
+   Mr. Bracken--I want to know why I should be taken from my business,
+   by which I have to support my family, and put me before the eyes of
+   my countrymen as a crown witness (applause)? I went heart and soul
+   into the procession, and I am ready to do the same to-morrow, and
+   abide by the consequences (applause). It is curious that the
+   government should point me out as a crown witness.
+
+   Mr. Murphy--I ask for an adjournment till to-morrow.
+
+   Mr. Dix--It is more convenient to adjourn now.
+
+   Mr. Martin--I don't want to make any insinuations against the
+   gentlemen who represent the crown, nor against the police, but I
+   mention the fact, in order that they may relieve themselves from the
+   odium which would attach to them if they cannot explain it. This
+   morning a paragraph appears in one of the principal Dublin daily
+   papers, the _Irish Times_, in which it is said that I, John Martin,
+   have absconded; I must presume that the information was supplied to
+   that paper either by the crown representatives or by the police.
+
+   Mr. Murphy, Q.C.--It is right to state, so far as I am informed, that
+   an endeavour was made to serve Mr. Martin in Dublin. When the
+   summonses were issued he was not in Dublin, but had gone down to the
+   country, either to his own or the house of his brother, or--
+
+   Mr. Ross Todd, who sat beside Mr. Martin, here jumped up and said,
+   "To his own house, sir, to his own house"--
+
+   Mr. Murphy--Very well. A constable was sent down there, and saw Mr.
+   Martin, and he reported that Mr. Martin said he would attend
+   forthwith.
+
+   Mr. Dix--And he has done so?
+
+   Mr. Murphy--I have no other knowledge. It was briefed to me that Mr.
+   Martin said he would attend forthwith.
+
+   Mr. Martin--I am glad I have given the representatives of the crown
+   an opportunity of making that statement. But I cannot understand how,
+   when the representatives of the crown had the information, and when I
+   told the constables I would attend--as I have done at great
+   inconvenience and expense to myself--I cannot understand how a
+   newspaper should come to say I had absconded.
+
+   Mr. Murphy--I cannot understand it either; I can only tell the facts
+   within my own knowledge.
+
+   Mr. Molloy said it seemed very extraordinary that witnesses should be
+   summoned, and the crown say they were not.
+
+   Mr. Sullivan wished his summons to be examined. Did the magistrates
+   sign it?
+
+   Mr. Dix--Unless I saw the original I could not say.
+
+   Mr. J.J. Lalor--Sir John Gray has been summoned as a witness, too. It
+   is monstrous.
+
+   Sir John Gray, M.P.--I wish to state to your worship the unpleasant
+   circumstances under which I find myself placed. At an advanced hour
+   on Saturday I learned that the crown intended to summon as witnesses
+   for the prosecution some of the gentlemen connected with my
+   establishment. I immediately communicated with the crown prosecutor,
+   and said it was unfair towards these gentlemen to have them placed in
+   such an odious position, and that their refusal to act as crown
+   witnesses might subject them to serious personal consequences; I said
+   it would not be right of me to allow any of the gentlemen of my
+   establishment to subject themselves to the consequences of such
+   refusal, as I knew well they would all refuse. I suggested, if any
+   unpleasant consequences should follow, they should fall on the head
+   of the establishment alone (applause). I said "summon me, and deal
+   with me." I am here now, sir, to show my respect for you personally
+   and for this court; but I wish to state most distinctly that I will
+   never consent to be examined as a crown witness (applause).
+
+   Mr. Anderson, jun., here interposed.
+
+   Sir John Gray--I beg your pardon. I am addressing the bench, and I
+   hope I won't be interrupted. Some of my family are going to-night to
+   England to spend the Christmas with my son. I intend to escort them.
+   I will not be here to-morrow. I wish distinctly to state so. If I
+   were here, my respect for you and the bench, would induce me to be
+   present, but I would be present only to declare what I have already
+   stated, that I would not consent to be sworn or to give any evidence
+   whatever in this prosecution. I think it right to add that I attach
+   no blame whatever to the police authorities in this transaction. They
+   have, I am sure, performed their duty in this case with that
+   propriety which has always characterised their conduct. Neither do I
+   attach any blame to the crown prosecutor. I simply desire to state,
+   with the most profound respect for the bench and the court, that I
+   will not be a witness (loud applause).
+
+   Mr. Anderson--We don't intend to examine Sir John Gray, but I wish to
+   say that if the police believed any one could give important
+   evidence, it is a new proposition to me that it is an indignity upon
+   a man to summon him as a crown witness--
+
+   Mr. A.M. Sullivan--I say it is an indignity, and that the crown
+   solicitor should not seek to shift the responsibility on the police,
+   who only do what they are told.
+
+   Mr. Anderson--I am not trying to shift anything.
+
+   Mr. Sullivan--You are. You are trying to shift the responsibility of
+   having committed a gross indignity upon a member of parliament, upon
+   myself, and upon many honest men here.
+
+   Several persons holding up summonses said "hear, hear," and "yes."
+
+   Mr. Sullivan--This I charge to have been done by Mr. Anderson as his
+   base revenge upon honest men who bade him defiance. Mr. Anderson must
+   answer for this conduct. It is a vile conspiracy--a plot against
+   honest men, who here now to his face tell him they scorn and defy him
+   (applause).
+
+   Mr. Dix--I adjourn the case till one o'clock to-morrow.
+
+   The proceedings were then adjourned.
+
+So far have we quoted from the _Freeman's Journal_. Of the closing scene
+_Saunders's News-Letter_, grieving sorely over such a fiasco, gives the
+following account:--
+
+   The adjournment of the court was attended with a scene of tumult and
+   disorder that was rarely, or never, witnessed in a police court, in
+   presence of the magistrates and a large number of police--both
+   inspectors and detectives. The crowd of unwilling witnesses who had
+   been summoned to give evidence against the defendants, clamorously
+   protested against being brought there as crown witnesses, avowed that
+   they were present taking part in the procession, and loudly declared
+   that they would not attend at any subsequent hearing of the case. The
+   latter part of the case indeed was marked with frequent interruptions
+   and declarations of a similar kind, often very vociferously uttered.
+   The proceedings terminated amid the greatest and unchecked disorder.
+
+In plain words, "Scene I, Act I," in what was meant to be a most solemn,
+awe-inspiring government function, turned out an unmistakable farce, if
+not a disastrous break down. Even the government journals themselves,
+without waiting for "Scene II.," (though coming off immediately) raised
+a shout of condemnation of the discreditable bungle, and demanded that
+it should be forthwith abandoned. Considering the course ultimately
+taken by the government, these utterances of the government organs
+themselves, have a serious meaning and are of peculiar importance. The
+ultra-orange _Evening Mail_ (Tuesday, 17th December,) said:--
+
+   THE POLICE-COURT SCENE.
+
+   The scenes of yesterday in the Dublin police-court will cause an
+   astonished public to put the question, is the government insane? They
+   suppress the processions one day, and on the next proceed with
+   deliberation to destroy all possible effect from such an act by
+   inviting the magistrates' court to be used as a platform from whence
+   a fresh roar of defiance may be uttered. The originators of the
+   seditious demonstrations are charged with having brought the
+   government of the kingdom into hatred and contempt; but what step
+   taken, or word spoken or written, from the date of the first
+   procession to the last, brought the government into anything like the
+   "contempt" into which it plunged itself yesterday? The prosecutions
+   now instituted are in themselves an act of utter weakness. We so
+   declared when we imagined that they would be at least rationally
+   conducted; but what is to be said now? It is literally impossible to
+   give any sane explanation of the course taken in summoning as a crown
+   witness one who must have been known to be prepared to boast of his
+   participation in the procession. Mr. Sullivan boldly bearded the
+   prosecutors of his brethren. It was a splendid opportunity for him.
+   "I was present (he said) at that funeral procession. I participated
+   in it, deliberately and heartily. I call this a personal and public
+   outrage, to endeavour to drag the national press of this country--".
+   Timid and ineffectual attempts were made by the magistrate to protect
+   his court and position from insult, but Mr. Sullivan had the field,
+   and would hold it. "He might help the crown to put some one else up,"
+   he said, "as they are scarce, perhaps, in accused." The summoning of
+   him was, he resumed, an "attempt to destroy the national press, whose
+   power the crown feels and fears, but which they dare not prosecute."
+   Mr. Sullivan was suffered to describe the conduct of the crown
+   prosecutors at another stage as an "infamous plot." The government
+   desired "to accomplish his imprisonment; they were willing to wound
+   but afraid to strike." "They knew (he added) that they would not get
+   a jury in all Ireland to agree to convict me; and I now characterise
+   the conduct of the crown as base and cowardly." Another witness, in a
+   halting way, entered a like protest against being supposed to have
+   sympathy with the crown in the case; and the net result was a very
+   remarkable triumph for what Mr. Sullivan calls the "national
+   press"--a title wholly misapplied and grossly abused. Are we to have
+   a succession of these "scenes in court?"
+
+_Saunders's News-Letter_ of the same date dealt with the subject as
+follows:--
+
+   The first step in what appears to be a very doubtful proceeding was
+   taken yesterday by the law advisers of the crown. We refer to the
+   prosecution instituted against the leaders and organisers of the
+   Fenian procession which took place in this city on Sunday, the 8th
+   instant, in honour of the memories of the men executed at Manchester
+   for murder. As to the character of that demonstration we never
+   entertained any doubt. But it must be remembered that similar
+   demonstrations had taken place a week previously in London, in
+   Manchester, and in Cork, and that not only did the authorities not
+   interfere to prevent them, but that the prime minister declared in
+   the House of Lords that they were not illegal. Lord Derby doubtless,
+   intended to limit his observations to the violition of the Party
+   Processions Act, without pronouncing any opinion as to the legality
+   or illegality of the processions, viewed under another aspect, as
+   seditious assemblies. But his language was calculated to mislead,
+   and, as a matter of fact, was taken by the Fenian sympathisers as an
+   admission that their mock funeral processions were not unlawful. It
+   is not to be wondered at, therefore, however much to be deplored,
+   that the disaffected portion of the population should have eagerly
+   taken advantage of Lord Derby's declaration to make a safe display of
+   their sympathies and of their strength. They were encouraged to do so
+   by the toleration already extended towards their fellows in England
+   and in Cork, as well as by the statement of the prime minister. Under
+   these circumstances the prosecution of persons who took part in the
+   Dublin procession, even as organisers of that proceeding, appears to
+   us to be a matter of doubtful policy. Mr. John Martin, the leader of
+   the movement, stands in a different position from his companions.
+   They confined themselves to walking in the procession; he delivered
+   an inflammatory and seditious speech, for which he alone is
+   responsible, and which might have been made the subject of a separate
+   proceeding against him. To do Mr. Martin justice, he showed no desire
+   to shirk the responsibility he has incurred. At the police-court,
+   yesterday, he frankly avowed the part he had taken in the procession,
+   and offered to acknowledge the speech which he delivered on that
+   occasion. If, however, the policy which dictated the prosecution be
+   questionable, there can be no doubt at all as to the objectionable
+   manner in which some of the persons engaged in it have
+   acted--assuming the statement to be true that Mr. Sullivan,
+   proprietor and editor of the _Nation_ newspaper, and Sir John Gray,
+   proprietor of the _Freeman's Journal_, have been summoned as crown
+   witnesses. Who is responsible for this extraordinary proceeding it is
+   at present impossible to say. Mr. Murphy, Q.C., the counsel for the
+   crown, declared that he did not intend to examine Mr. Sullivan; Mr.
+   Anderson, the son of the crown solicitor, who appears to be entrusted
+   with the management of these prosecutions, denied that he had
+   directed the summonses to be served, and Mr. Dix, the magistrate,
+   stated that he had not signed them. Tot Mr. Sullivan produced the
+   summons requiring him to attend as a witness, and in the strongest
+   manner denounced the proceeding as a base and cowardly attempt on the
+   part of the government to imprison for contempt of court, a
+   "national journalist" whom they dared not prosecute. Sir John Gray,
+   ill less violent language, complained of an effort having been made
+   to place some of the gentlemen in his employment in the "odious
+   position of crown witnesses," and stated that he himself had been
+   subpoenaed, but would decline to give evidence. We have not concealed
+   our opinion as to the proper way of dealing with Mr. Sullivan. As the
+   weekly disseminator of most exciting and inflammatory articles, he is
+   doing much to promote disaffection and encourage Fenianism. In no
+   other country in the world would such writing be tolerated for a day;
+   and, assuredly it ought not to be permitted in Ireland in perilous
+   and exciting times like the present. But if Mr. Sullivan has offended
+   against the law, let him be proceeded against boldly, openly, and
+   fairly. He has, we think, a right to complain of being summoned as a
+   witness for the crown; but the government have even more reason to
+   complain of the conduct of their servants in exposing them by their
+   blunders to ridicule and contempt. It is too bad that with a large
+   and highly-paid staff of lawyers and attorneys the government
+   prosecutions should be conducted in a loose and slovenly manner. When
+   a state prosecution has been determined upon, every step ought to be
+   carefully and anxiously considered, and subordinate officials should
+   not be permitted by acts of officious zeal to compromise their
+   superiors and bring discredit on the administration of the law.
+
+The Liberal-Conservative _Irish Times_ was still more outspoken:--
+
+   While all commend the recent action of the government, and give the
+   executive full credit for the repression by proclamation of
+   processions avowedly intended to be protests against authority and
+   law, it is generally regretted that prosecutions should have been
+   instituted against some of those who had taken part in these
+   processions. Had these menacing assemblages been held after the
+   proclamations were issued, or in defiance of the authorities, the
+   utmost power should have been exerted to put them down, and the
+   terrors of the law would properly have been invoked to punish the
+   guilty. But, bearing in mind the fact that these processions had been
+   declared by the head of the government--expressing, no doubt, the
+   opinion entertained at that time by the law officers of the crown,
+   that these processions were "not illegal"--remembering, too, that
+   similar processions had been already held without the slightest
+   intimation of opposition on the part of government; and recollecting,
+   also, that the proclamation was everywhere implicitly obeyed, and
+   without the least wish to dispute it, we cannot avoid regretting that
+   the government should have been advised, at the last hour, to
+   institute prosecutions of such a nature. Once, however, it was
+   determined to vindicate the law in this way, the utmost care should
+   have been taken to maintain the dignity of the proceedings, and to
+   avoid everything calculated to create annoyance, irritation, or
+   offence. If we except the moderate and very able speech of Mr.
+   Murphy, Q.C., there is no one part of the proceedings in the
+   police-court which merits commendation. Some of the witnesses utterly
+   broke down; opportunity was given for utterances not calculated to
+   increase respect for the law; and disloyal sentiments were boldly
+   expressed and cheered until the court rang again. Great and serious
+   as was the mistake in not obtaining an accurate legal opinion
+   respecting the character of these meetings at the first, and then
+   prohibiting them, a far greater mistake is now, we think, committed
+   in instituting _these retrospective prosecutions_. For this mistake
+   the law officers of the crown must, we infer, be held responsible.
+   Were they men of energy and vigour, with the necessary knowledge of
+   the world, they would not have suffered the executive to permit
+   processions first, and then prohibit them, and at the same time try
+   men for participating in what had been pronounced not to be illegal.
+   We exonerate the attorney-general from the error of summoning to give
+   evidence persons who openly gloried in the part they had taken in
+   these meetings. To command the presence of such witnesses was of the
+   nature of an offence. There was no ground, for instance, for
+   supposing that Mr. Sullivan would have played the informer against
+   the friends who had walked with him in the procession--such is not
+   his character, his feeling, or his sense of honour. The summoning of
+   those who had moved with, and as part of, the multitude, to give
+   evidence against their fellows, was not only a most injudicious, but
+   a futile expedient, and naturally has caused very great
+   dissatisfaction and annoyance. The circumstance, however, proves that
+   the prosecutions was instituted without that exact care and minute
+   attention to all particulars which are necessary in a case of this
+   kind.
+
+Even the _Daily Express_, the, all-but subsidised, if not the secretly
+subsidised, organ of the ultra-orange section of the Irish
+administration, had to own the discomfiture of its patrons:--
+
+   Are our police offices to become a kind of national journals court?
+   Is the "national press of Ireland" then and there to bid for the
+   support immediately of the gallery, and more remotely of that portion
+   of the population which is humourously called the Irish Nation? These
+   speculations are suggested by a curious scene which took place at the
+   inquiry at the police office yesterday, and which will be found
+   detailed in another column. Mr. Sullivan, the editor of the _Nation_,
+   seized the opportunity of being summoned as a witness, to denounce
+   the government for not including him in the prosecution. He
+   complained "of endeavouring to place the editor of a national journal
+   on the list of crown witnesses in this court as a public and
+   personal indignity," and as an endeavour to destroy the influence of
+   the national press. It is certainly an open avowal to declare that
+   the mere placing of the name of the editor of a "national" journal
+   upon the list of crown witnesses is an unparalleled wrong. But Sir
+   John Gray was still more instructive. From him we learn that a
+   witness summoned to assist the crown in the prosecution of sedition
+   is placed in an "odious position." Odious it may be, but in the eyes
+   of whom? Surely not of any loyal subject? A paid informer, or
+   professional spy, may be personally odious in the eyes of those who
+   make use of his services. But we have yet to learn how a subject who
+   is summoned to come forward to assist the government fills an odious
+   position in the opinion of his loyal fellow-subjects. We should
+   rather have supposed him to be entitled to their gratitude. However
+   that may be, Sir John Gray came gallantly to the rescue of several
+   "gentlemen connected with his establishment," whom, he was informed,
+   the government intended to summon as witnesses. This, he knew, they
+   would all refuse. "I suggested, if any unpleasant consequences should
+   follow, that they should fall on the head of the establishment
+   alone." He called upon the authorities to summon him. We do complain
+   of our police-courts being made the scenes of open avowals of
+   determination to thwart, or, at least, not to assist the government
+   in their endeavours to prosecute treason and sedition. We can imagine
+   no principle on which a subject could object to assisting the crown
+   as a witness, which, if followed to its logical consequences, would
+   not justify open rebellion. It is certainly a dangerous doctrine to
+   preach that it is allowable, nay, even praiseworthy in a subject to
+   refuse to give evidence when called upon to do so by the crown. There
+   is a disposition too prevalent in this country to regard the law as
+   an enemy, and opposition to it, either by passive obstruction or
+   active rebellion, as a praiseworthy and patriotic act. Can we wonder
+   at this when we hear opposition to constituted authority openly
+   preached by the instructors of "the nation," and witness the
+   eagerness of the "national press" to free itself from the terrible
+   suspicion of coming to the assistance, even involuntarily, of the
+   government in its struggle with sedition and treason?
+
+It was amidst such an outburst of vexation and indignation as this, even
+from the government journals themselves, that the curtain rose next
+morning on Act II. in the Head Police Office. A very unique episode
+commenced the proceedings on this day also. At the resumption of the
+case, Mr. Murphy, Q.C., on behalf of the crown, said:--
+
+   Mr. Sullivan and some other gentlemen complained yesterday of having
+   been served with summonses to give evidence in those cases. I am
+   directed by the attorney-general to state that he regrets it, and
+   that it was done without his authority. He never gave any directions
+   to have those persons summoned, nor was it done by anyone acting
+   under his directions. It occurred in this way. General directions
+   were given to the police to summon parties to give evidence in order
+   to establish the charge against those four gentlemen who are summoned
+   for taking an active part in the procession. The police, in the
+   exercise of their discretion thought it might be necessary to summon
+   parties who took part in the procession, but there was no intention
+   on the part of those aiding on behalf of the crown to summon parties
+   to give evidence who themselves took part in the procession, and I am
+   sorry it occurred.
+
+   Mr. Dix--I may mention that a magistrate when signing a summons knows
+   nothing of the witnesses. If they were all living in Jamacia he
+   merely signs it as a matter of form.
+
+   Mr. A.M. Sullivan--I thank your worship and Mr. Murphy, and I think
+   it will be seen that had your worship not allowed me yesterday to
+   make the protest I did, the attorney-general would not have the
+   opportunity of making the disclaimer which it became the dignity of
+   the government to make. The aspect of the case yesterday was very
+   adverse towards Sir John Gray, myself, and other gentlemen. Although
+   my brother signed his name to the notice, he was not summoned as
+   principal but as a witness, but if necessary, he was determined to
+   stand side by side in the dock with Mr. Martin.
+
+   Mr. Allen--I am very glad of the explanation, because I was blamed
+   for allowing persons making speeches here yesterday. I think if a man
+   has any ground of complaint the sooner it is set right the better.
+
+   Mr. Sullivan--I have to thank the bench.
+
+   Mr. Allen--I am glad that a satisfactory arrangement has been come to
+   by all parties, because there is an objection entertained by some
+   persons to be brought into court as witnesses for the crown.
+
+   Mr. Sullivan--Especially a public journalist.
+
+   Mr. Allen--Quite so.
+
+   Mr. Heron then proceeded to cross-examine the witness.
+
+It was elicited from the government reporter, that, by a process which
+he called "throwing in the vowels," he was able to make Mr. Martin's
+speech read sufficiently seditious. Mr. D.C. Heron, Q.C., then addressed
+the court on behalf of Mr. J.J. Lalor; and Mr. Michael Crean, barrister,
+on behalf of Dr. Waters. Mr. Martin, on his own behalf, then spoke as
+follows:--
+
+   I admit I attended the procession. I admit also that I spoke words
+   which I consider very grave and serious words upon that occasion. For
+   my acts on that occasion, for the sense and intention of the words I
+   spoke on that occasion, I am perfectly willing to be put upon my
+   country. Not only for all my acts on that occasion--not only for the
+   words which I spoke on that occasion; but for all my acts or all the
+   words I either spoke or wrote, publicly or privately, upon Irish
+   politics, I am perfectly willing to be put upon my country. In any
+   free country that has real constitutional institutions to guarantee
+   the liberty of the subject--to guarantee the free trial of the
+   subject charged with an offence against either the state or his
+   neighbour, it would be quite absurd to expect a man could be put upon
+   his country and convicted of a crime for doing that and using such
+   words as the vast majority of his fellow-countrymen approve. In this
+   case I believe that a vast majority of my fellow-countrymen do not
+   disapprove of the acts I acknowledge on that occasion, and that they
+   sympathise in the sentiment of the words I then spoke. Therefore the
+   mere fact that a prosecution is preferred against me for that act,
+   and for those words, is the expression of an opinion on my part that
+   this country does not at present enjoy real constitutional
+   institutions, guaranteeing a free trial--guaranteeing that the man
+   accused shall be really put upon his country. Therefore it is absurd
+   to think that any twelve honest men, my neighbours, put upon their
+   oaths, would declare that to be a crime which it is probable that, at
+   least, four-fifths of them believe to be right--right both
+   constitutionally and morally. I am aware--we are all aware--that the
+   gentlemen who represent the crown in this country, have very powerful
+   means at their disposal for obtaining convictions in the form of law
+   and in the form of justice, of any person they think proper to
+   accuse; and without meaning either to sneer or to joke in this
+   matter, I acknowledge the moderation of the gentlemen who represent
+   the government, since they chose to trouble themselves with me at
+   all. I acknowledge their moderation in proposing to indict me now for
+   sedition, for the language which they say I used, because it is
+   possible for them, with the means at their disposal, to have me
+   convicted for murder, or burglary, or bigamy (laughter). I am sorry
+   to say what seems like a sneer, but I use the words in deep and
+   solemn seriousness, and I say no more than I am perfectly ready to be
+   tried fairly or foully (applause in court).
+
+The magistrates reserved their decision till next day; so that there
+might be decent and seemly pause for the purpose of looking up and
+pondering the legal precedents, as the legal fiction would have it; and
+on next day, they announced that they would send all the accused for
+trial to the next Commission at Green-street, to open on the 10th
+February, 1868. The several traversers, however, were required to enter
+merely into their own recognizances in £500 each to appear for trial.
+
+In this police court proceeding the government, confessedly, were
+morally worsted--utterly humiliated, in fact. So far from creating awe
+or striking terror, the prosecution had evoked general contempt, scorn,
+and indignation. To such an extent was this fact recognised, that the
+government journals themselves, as we have seen, were amongst the
+loudest in censuring the whole proceeding, and in supporting the general
+expectation that there was an end of the prosecution.
+
+Not so however was it to be. The very bitterness of the mortification
+inflicted upon them by their "roll in the dust" on their first legal
+encounter with the processionists, seemed to render the crown officials
+more and more vindictive. It was too galling to lie under the public
+challenge hurled at them by Mr. Bracken, Mr. O'Reilly, and Mr. Sullivan.
+After twelve days' cogitation, government made up its mind to strike.
+
+On Saturday, 28th December, 1867--just as everyone in Ireland seemed to
+have concluded that, as the Conservative journals said, there was "an
+end of" the foolish and ill-advised funeral prosecutions--Mr. Sullivan,
+Mr. Bracken (one of the funeral stewards), Mr. Jennings, of Kingstown
+(one of the best known and most trusted of the nationalists of
+"Dunleary" district). Mr. O'Reilly, (one of the mounted marshals at the
+procession), and some others, were served with citations to appear on
+Monday the 30th, at the Head Police Office, to answer charges identical
+with those preferred on the 16th against Mr. Martin, Dr. Waters, and Mr.
+Lalor.
+
+Preliminary prosecution No. 2 very much resembled No. 1. Mr. Murphy,
+Q.C. stated the crown case with fairness and moderation; and the police,
+as before, gave their evidence like men who felt "duty" and "conscience"
+in sore disagreement on such an occasion. Mr. Jennings and Mr. O'Reilly
+were defended, respectively, by Mr. Molloy and Mr. Crean; two advocates
+whose selection from the junior bar for these critical and important
+public cases was triumphantly vindicated by their conduct from the
+first to the last scene of the drama. Mr. Sullivan, Mr. Bracken, and the
+other accused, were not represented by counsel. On the first-named
+gentleman (Mr. Sullivan) being formally called on, he addressed the
+court at some length. He said:--
+
+   Please your worship, had the officials of the crown adopted towards
+   me, in the first instance, the course which they have taken upon the
+   present occasion, and had they not adopted the singular course which
+   they pursued in my regard when I last appeared in this court, I
+   should trouble you with no observations. For, as one of the 50,000
+   persons who, on the 8th of December, in this city, publicly,
+   lawfully, and peacefully demonstrated their protest against what they
+   believed to have been a denial of law and an outrage on justice, I
+   should certainly waste no public time in this preliminary
+   investigation, but rather admit the facts as you perceive I have done
+   to-day, and hasten the final decision on the issues really knit
+   between us and the crown. What was the course adopted by the crown in
+   the first instance against me? They had before them, on the 9th, just
+   as well as on the 29th--it is in evidence that they had--the fact
+   that I, openly and publicly, took part in that demonstration--that
+   sorrowful and sad protest against injustice (applause). They had
+   before them then as much as they had before them to-day, or as much
+   as they will ever have affecting me. For, whatever course I take in
+   public affairs in this country, I conceal nothing, I take it
+   publicly, openly, and deliberately. If I err, I am satisfied to abide
+   the consequences; and, whenever it may suit the weathercock judgment
+   of Lord Mayo, and his vacillating law advisers, to characterise my
+   acts or my opinion as illegal, seditious, heretical, idolatrous, or
+   treasonable, I must, like every other subject, be content to take my
+   chance of their being able to find a jury sufficiently facile or
+   sufficiently stupid to carry out their behests against me. But they
+   did not choose that course at first. They did not summon me as a
+   principal, but they subpoenaed me as a witness--as a crown
+   witness--against some of my dearest, personal, and public friends.
+   The attorney-general, whose word I most fully and frankly accept in
+   the matter--for I would not charge him with being wanting in personal
+   truthfulness--denied having had any complicity in the course of
+   conduct pursued towards me; but where does he lay the responsibility?
+   On "the police." What is the meaning of that phrase, "the police?" He
+   surely does not mean that the members of the force, who parade our
+   streets, exercise viceregal functions (laughter). Who was this person
+   thus called the "police?" How many degrees above or below the
+   attorney-general are we to look for this functionary described as
+   "the police," who has the authority to have a "seditious" man--that
+   is the allegation--a seditious man--exempted from prosecution? The
+   police cannot do that. Who, then? Who was he that could draw the
+   line between John Martin and his friend A.M. Sullivan--exempt the
+   one, prosecute the other--summon the former as a defendant and
+   subpoena the latter as a crown witness? What was the object? It is
+   plain. There are at this moment, I am convinced--who doubts
+   it?--throughout Ireland, as yet unfound out, Talbots and Corridons in
+   the pay of the crown acting as Fenian centres, who, next day, would
+   receive from their employers directions to spread amongst my
+   countrymen the intelligence that I had been here to betray my
+   associate, John Martin (applause). But their plot recoiled--their
+   device was exposed; public opinion expressed its reprobation of the
+   unsuccessful trick; and now they come to mend their hand. The men who
+   were exempted before are prosecuted to-day. Now, your worships, on
+   this whole case--on this entire procedure--I deliberately charge that
+   not we, but the government, have violated the law. I charge that the
+   government are well aware that the law is against them--that they are
+   irresistibly driven upon this attempt to strain and break the law
+   against the constitutional right and liberty of the subject by their
+   mere party exigencies and necessities.
+
+He then reviewed at length the bearing of the Party Processions Act upon
+the present case; and next proceeded to deal with the subject of the
+Manchester executions; maintaining that the men were hanged, as were
+others before them, in like moments of national passion and frenzy, on a
+false evidence and a rotten verdict. Mr. Sullivan proceeded:--
+
+   It is because the people love justice and abhor injustice--because
+   the real crime of those three victims is believed to have been
+   devotion to native land--that the Catholic churches of Ireland
+   resound with prayers and requiem hymns, and the public highways were
+   lined with sympathising thousands, until the guilty fears of the
+   executioners proclaimed it illegal to mourn. Think you, sir, if the
+   crown view of this matter were the true one, would the Catholic
+   clergy of Ireland--they who braved fierce and bitter unpopularity in
+   reprehending the Fenian conspiracy at a time when Lord Mayo's organ
+   was patting it on the back for its 'fine Sardinian spirit'--would
+   these ministers of religion drape their churches for three common
+   murderers? I repel as a calumnious and slanderous accusation against
+   the Catholic clergy of Ireland this charge, that by their mourning
+   for those three martyred Irishmen, they expressed sympathy, directly
+   or indirectly, with murder or life-taking. If an act be seditious, it
+   is not the less illegal in the church than in the graveyard, or on
+   the road to the cemetery. Are we, then, to understand that our
+   churches are to be invaded by bands of soldiery, and our priests
+   dragged from the altars, for the seditious crime of proclaiming
+   aloud their belief in the innocence of Allen, Larkin, and O'Brien?
+   This, sir, is what depends on the decision in this case, here or
+   elsewhere. All this and more. It is to be decided whether, in their
+   capacity of Privy Councillors, the judges of the land shall put forth
+   a proclamation the legality or binding force of which they will
+   afterwards sit as judges to try. It is whether, there being no
+   constitution now allowed to exist in the country, there is to be no
+   law save what a Castle proclamation will construct, permit, or
+   decree; no mourning save what the police will license; no
+   demonstration of opinion save whatever accords with the government
+   views. We hear much of the liberties enjoyed in this country. No
+   doubt, we have fine constitutional rights and securities, until the
+   very time they are most required. When we have no need to invoke
+   them, they are permitted to us; but at the only time when they might
+   be of substantial value, they are, as the phrase goes, "suspended."
+   Who, unless in times of governmental panic, need apprehend
+   unwarranted arrest? When else is the _Habeas Corpus_ Act of such
+   considerable protection to the subject? When, unless when the crown
+   seeks to invade public liberty, is the purity and integrity of trial
+   by jury of such value and importance in political cases? Yet all the
+   world knows that the British government, whenever such a conflict
+   arises, juggles and packs the jury--
+
+   Mr. Dix--I really cannot allow that language to be used in this
+   court, Mr. Sullivan, with every disposition to accord you, as an
+   accused person, the amplest limits in your observations. Such
+   language goes beyond what I can permit--
+
+   Mr. Sullivan--I, at once, in respect for your worship, retract the
+   word juggle. I will say the crown manipulates the jury.
+
+   Mr. Dix--I can't at all allow this line of comment to be pursued--
+
+   Mr. Sullivan--With all respect for your worship, and while I am ready
+   to use any phrase most suitable for utterance here, I will not give
+   up my right to state and proclaim the fact, however unpalatable, when
+   it is notoriously true. I stand upon my rights to say, that you have
+   all the greater reason to pause, ere you send me, or any other
+   citizen, for trial before a jury in a crown prosecution at a moment
+   like the present, when trial by jury, as the theory of the
+   constitution supposes it, does not exist in the land. I say there is
+   now notoriously no fair trial by jury to be had in this country, as
+   between the subject and the crown. Never yet, in an important
+   political case, have the government in this country dared to allow
+   twelve men indifferently chosen, to pass into the jury-box to try the
+   issue between the subject and the crown. And now, sir, if you send
+   the case for trial, and suppose the government succeed by the juries
+   they are able to empanel here, with 'Fenian' ticketed on the backs of
+   the accused by the real governors of the country--the Heygates and
+   the Bruces--and if it is declared by you that in this land of
+   mourning it has become at last criminal even to mourn--what a victory
+   for the crown! Oh, sir, they have been for years winning such
+   victories, and thereby manufacturing conspiracies--driving people
+   from the open and legitimate expression of their sentiments into
+   corners to conspire and to hide. I stand here as a man against whom
+   some clamour has been raised for my efforts to save my countrymen
+   from the courses into which the government conduct has been driving
+   them, and I say that there is no more revolutionary agent in the land
+   than that persecution of authority which says to the people, "When we
+   strike you, we forbid you to weep." We meet the crown, foot to foot,
+   on its case here. We say we have committed no offence, but that the
+   prosecution against us has been instituted to subserve their party
+   exigencies, and that the government is straining and violating the
+   law. We challenge them to the issue, and even should they succeed in
+   obtaining from a crown jury a verdict against us, we have a wider
+   tribunal to appeal to--the decision of our own consciences and the
+   judgment of humanity (applause).
+
+   Mr. Murphy, Q.C., briefly replied. He asked his worship not to decide
+   that the procession was illegal, but that this case was one for a
+   court of law and a jury.
+
+On this occasion it was unnecessary for Mr. Dix to take any "time to
+consider his decision." All the accused were bound over in their own
+recognizances to stand their trials at the forthcoming Commission in
+Green-street court, on the 10th of February, 1868.
+
+The plunge which the crown officials had shivered so long before
+attempting had now been taken, and they determined to go through with
+the work, _a l'outrance_. In the interval between the last police-court
+scene described above, and the opening of the Green-street Commission,
+in February, 1868, prosecutions were directly commenced against the
+_Irishman_ and the _Weekly News_ for seditious writing. In the case of
+the former journal the proprietor tried some skilfully-devised
+preparatory legal moves and manoeuvers, not one of which of course
+succeeded, though their justice and legality were apparent enough. In
+the case of the latter journal--the _Weekly News_--the proprietor raised
+no legal point whatsoever. The fact was that when he found the crown not
+content with _one_ state prosecution against him (that for the funeral
+procession), coming upon him with _a second_, he knew his doom was
+sealed. He very correctly judged that legal moves would be all in
+vain--that his conviction, _per fas aut ne fas_, was to be
+obtained--that a jury would be packed against him--and that consequently
+the briefest and most dignified course for him would be to go straight
+to the conflict and meet it boldly.
+
+On Monday, 10th February, 1868, the commission was opened in
+Green-street, Dublin, before Mr. Justice Fitzgerald and Baron Deasy.
+Soon a cunning and unworthy legal trick on the part of the crown was
+revealed. The prosecuted processionists and journalists had been
+indicted in the _city_ venue, had been returned for trial to the _city_
+commission by a _city_ jury. But the government at the last moment
+mistrusted a city jury in this instance--even a _packed_ city jury--and
+without any notice to the traversers, sent the indictments before the
+_county_ grand jury, so that they might be tried by a jury picked and
+packed from the anti-Irish oligarchy of the Pale. It was an act of gross
+illegality, hardship, and oppression. The illegality of such a course
+had been ruled and decided in the case of Mr. Gavan Duffy in 1848. But
+the point was raised vainly now. When Mr. Pigott, of the _Irishman_, was
+called to plead, his counsel (Mr. Heron, Q.C.) insisted that he, the
+traverser, was now in custody of the _city_ sheriff in accordance with
+his recognizances, and could not without legal process be removed to the
+county venue. An exciting encounter ensued between Mr. Heron and the
+crown counsel, and the court took till next day to decide the point.
+Next morning it was decided in favour of the crown, and Mr. Pigott was
+about being arraigned, when, in order that he might not be prejudiced by
+having attended pending the decision, the attorney-general said, "he
+would shut his eyes to the fact that that gentleman was now in court,"
+and would have him called immediately--an intimation that Mr. Pigott
+might, if advised, try the course of refusing to appear. He did so
+refuse. When next called, Mr. Pigott was not forthcoming, and on the
+police proceeding to his office and residence that gentleman was not to
+be found--having, as the attorney-general spitefully expressed it, "fled
+from justice." Mr. Sullivan's case, had, of necessity, then to be
+called; and this was exactly what the crown had desired to avoid, and
+what Mr. Heron had aimed to secure. It was the secret of all the
+skirmishing. A very general impression prevailed that the crown would
+fail in getting a jury to convict Mr. Sullivan on any indictment
+tinctured even ever so faintly with "Fenianism;" and it was deemed of
+great importance to Mr. Pigott's case to force the crown to begin with
+the one in which failure was expected--Mr. Sullivan having intimated his
+perfect willingness to be either pushed to the front or kept to the
+last, according as might best promise to secure the discomfiture of the
+government. Mr. Heron had therefore so far out-manoeuvered the crown.
+Mr. Sullivan appeared in court and announced himself ready for trial,
+and the next morning was fixed for his arraignment. Up to this moment,
+that gentleman had expressed his determination not only to discard legal
+points, but to decline ordinary professional defence, and to address the
+jury in his own behalf. Now, however, deferring to considerations
+strongly pressed on him (set forth in his speech to the jury in the
+funeral procession case), he relinquished this resolution; and, late on
+the night preceding his trial, entrusted to Mr. Heron, Q.C., Mr. Crean,
+and Mr. Molloy, his defence on this first prosecution.
+
+Next morning, Saturday, 15th February, 1868, the trial commenced; a jury
+was duly packed by the "stand-by" process, and notwithstanding a charge
+by Justice Fitzgerald, which was, on the whole one of the fairest heard
+in Ireland in a political case for many years, Mr. Sullivan was duly
+convicted of having, by pictures and writings in his journal the _Weekly
+News_, seditiously brought the crown and government into hatred and
+contempt.
+
+The government officials were jubilant. Mr. Pigott was next arraigned,
+and after an exceedingly able defence by Mr. Heron, was likewise
+convicted.
+
+It was now very generally concluded that the government would be
+satisfied with these convictions, and would not proceed with the funeral
+procession cases. At all events, it was universally regarded as certain
+that Mr. Sullivan would not be arraigned on the second or funeral
+procession indictment, as he now stood convicted on the other--the press
+charge. But it was not to be so. Elate with their success, the crown
+officials thought they might even discard their doubts of a city jury;
+and on Thursday morning, 20th February, 1868, John Martin, Alexander M.
+Sullivan, Thomas Bracken, and J.J. Lalor,[A] were formally arraigned in
+the _city_ venue. [Footnote A: Dr. Waters, in the interval since his
+committal on this charge, had been arrested, and was now imprisoned,
+under the Suspension of the _Habeas Corpus_ Act. He was not brought to
+trial on the procession charge.]
+
+It was a scene to be long remembered, that which was presented in the
+Green-street court-house on that Thursday morning. The dogged
+vindictiveness of the crown officials, in persisting with this second
+prosecution, seemed to have excited intense feeling throughout the city,
+and long before the proceedings opened the court was crowded in every
+part with anxious spectators. When Mr. Martin entered, accompanied by
+his brother-in-law, Dr. Simpson, and Mr. Ross Todd, and took his seat at
+the travelers' bar, a low murmur of respectful sympathy, amounting to
+applause, ran through the building. And surely it was a sight to move
+the heart to see this patriot--this man of pure and stainless life,
+this man of exalted character, of noble soul, and glorious
+principles--standing once more in that spot where twenty years before he
+stood confronting the same foe in the same righteous and holy
+cause--standing once more at that bar whence, twenty years before, he
+was led off manacled to a felon's doom for the crime of loving Ireland!
+Many changes had taken place in the interval, but over the stern
+integrity of _his_ soul time had wrought no change. He himself seemed to
+recall at this moment his last "trial" scene on this spot, and, as he
+cast his gaze around, one could detect on his calm thoughtful face
+something of sadness, yet of pride, as memory doubtless pictured the
+spectacle of twenty years ago.
+
+Mr. Sullivan, Mr. Bracken, and Mr. Lalor, arrived soon after, and
+immediately the judges appeared on the bench the proceedings began.
+
+   On their lordships, Mr. Justice Fitzgerald and Mr. Baron Deasy,
+   taking their seats upon the bench,
+
+   Mr. Smartt (deputy clerk of the crown) called upon John Martin,
+   Alexander M. Sullivan, John J. Lalor, and Thomas Bracken, to come and
+   appear as they were bound to do in discharge of their recognizances.
+
+   All the traversers answered.
+
+   Mr. Smartt then proceeded to arraign the traversers under an
+   indictment charging in the first count--"That John Martin, John C.
+   Waters, John J. Lalor, Alexander M. Sullivan, and Thomas Bracken,
+   being malicious, seditious, and ill-disposed persons, and intending
+   to disturb the peace and tranquillity of the realm, and to excite
+   discontent and disaffection, and to excite the subjects of our Lady
+   the Queen in Ireland to hatred and dislike of the government, the
+   laws, and the administration of the laws of this realm, on the 8th
+   day of December, in the year of our Lord, 1867, unlawfully did
+   assemble and meet together with divers other persons, amounting to a
+   large number--to wit, fifteen thousand persons--for the purpose of
+   exciting discontent and disaffection, and for the purpose of exciting
+   her Majesty's subjects in Ireland to hatred of her government and the
+   laws of this realm, in contempt of our Lady the Queen, in open
+   violation of the laws of this realm, and against the peace of our
+   Lady the Queen, her crown and dignity." The second count charged that
+   the defendants intended "to cause it to be believed that the three
+   men who had been duly tried, found guilty, and sentenced, according
+   to law, for murder, at Manchester, in England, had been illegally and
+   unjustly executed; and to excite hatred, dislike, and disaffection
+   against the administration of justice, and the laws of this realm,
+   for and in respect of the execution of the said three men." A third
+   count charged the publication at the unlawful assembly laid in the
+   first and second counts of the false and seditious words contained in
+   Mr. John Martin's speech. A fourth and last count was framed under
+   the Party Processions' Act, and charged that the defendants "did
+   unlawfully meet, assemble, and parade together, and were present at
+   and did join in a procession with divers others, and did bear, wear,
+   and have amongst them in said procession certain emblems and symbols,
+   the display whereof was calculated to and did tend to provoke
+   animosity between different classes of her Majesty's subjects,
+   against the form of the statute in such case made and provided, and
+   against the peace of our Lady the Queen, her crown and dignity."
+
+   The traversers severally pleaded not guilty.
+
+   The Attorney-General, the Solicitor-General, Dr. Ball, Q.C.; Mr.
+   Charles Shaw, Q.C.; Mr. James Murphy, Q.C.; Mr. R.H. Owen, Q.C.; and
+   Mr. Edward Beytagh, instructed by Mr. Anderson, Crown Solicitor,
+   appeared to prosecute.
+
+   Mr. Martin, Mr. Sullivan, and Mr. Bracken were not professionally
+   assisted.
+
+   Mr. Michael T. Crean, instructed by Mr. John T. Scallan, appeared for
+   Mr. Lalor.
+
+And now came the critical stage of the case. _Would the crown pack the
+jury?_ The clerk of the crown began to call the panel, when--
+
+   John Keegan was called and ordered to stand by on the part of the
+   crown.
+
+   Mr. Sullivan--My lord, have I any right to challenge?
+
+   Mr. Justice Fitzgerald--You have Mr. Sullivan, for cause.
+
+   Mr. Sullivan--And can the crown order a juror to stand by without a
+   cause assigned?
+
+   Mr. Justice Fitzgerald--The crown has a right to exercise that
+   privilege.
+
+   Mr. Sullivan--Well, I will exercise no challenge, for cause or
+   without cause. Let the crown select a jury now as it pleases.
+
+   Subsequently George M'Cartney was called, and directed to stand by.
+
+   Patrick Ryan was also ordered to stand by.
+
+   Mr. Martin--I protest against this manner of selecting a jury. I do
+   so publicly.
+
+   J.J. Lalor--I also protest against it.
+
+   Thomas Bracken--And I also.
+
+The sensation produced by this scene embarrassed the crown officials not
+a little. It dragged to light the true character of their proceeding.
+Eventually the following twelve gentlemen were suffered by the crown to
+pass into the box as a "jury"--[Footnote: Not one Catholic was allowed
+to pass into the box. Every Catholic who came to the box was ordered to
+"_Stand by_."]
+
+   SAMUEL EAKINS, Foreman.
+   WILLIAM DOWNES GRIFFITH.
+   EDWARD GATCHELL.
+   THOMAS MAXWELL HUTTON.
+   MAURICE KERR.
+   WILLIAM LONGFIELD.
+   JOSEPH PURSER.
+   THOMAS PAUL.
+   JAMES REILLY.
+   JOHN GEORGE SHIELS.
+   WILLIAM O'BRIEN SMYTH.
+   GEORGE WALSH.
+
+The Solicitor-General, Mr. Harrison, stated the case for the
+prosecution. Next the police repeated their evidence--their description
+of the procession--as given before the magistrates, and the government
+short-hand writer proved Mr. Martin's speech. The only witnesses now
+produced who had not testified at the preliminary stage were a
+Manchester policeman named Seth Bromley, who had been one of the van
+escort on the day of the rescue, and the degraded and infamous crown
+spy, Corridon. The former--eager as a beagle on the scent to run down
+the prey before him--left the table amidst murmurs of derision and
+indignation evoked by his over-eagerness on his direct examination, and
+his "fencing" and evasion on cross-examination. The spy Corridon was
+produced "to prove the existence of the Fenian conspiracy." Little
+notice was taken of him. Mr. Crean asked him barely a trivial question
+or two. Mr. Martin and Mr. Sullivan, when asked if they desired to
+cross-examine him, replied silently by gestures of loathing; and the
+wretch left the table--crawled from it--like a crippled murderer from
+the scene of his crime.
+
+This closed the case for the crown, and Mr. Crean, counsel for Mr.
+Lalor, rose to address the jury on behalf of his client. His speech was
+argumentative, terse, forcible, and eloquent; and seemed to please and
+astonish not only the auditors but the judges themselves, who evidently
+had not looked for so much ability and vigour in the young advocate
+before them. Although the speeches of professional advocates do not come
+within the scope of this publication, Mr. Crean's vindication of the
+national colour of Ireland--probably the most telling passage in his
+address--has an importance which warrants its quotation here:--
+
+   Gentlemen, it is attempted in this case to make the traversers
+   amenable under the Party Processions' Act, because those in the
+   procession wore green ribbons. Gentlemen, this is the first time, in
+   the history of Irish State Prosecutions which mark the periods of
+   gloom and peril in this country, that the wearing of a green ribbon
+   has been formally indicted; and I may say it is no good sign of the
+   times that an offence which has been hitherto unknown to the law
+   should now crop up for the first time in this year of grace, one
+   thousand eight hundred and sixty-eight. Not even in the worst days of
+   Lord Castlereagh's ill-omened regime was such an attempt as this made
+   to degrade the green of Ireland into a party colour, and to make that
+   which has long been regarded as a national emblem the symbol of a
+   faction. Gentlemen, there is no right-minded or right-hearted
+   man--looking back upon the ruinous dissensions and bitter conflicts
+   which have been the curse and bane of this country--who will not
+   reprobate any effort to revive and perpetuate them. There is no
+   well-disposed man in the community who will not condemn and crush
+   those persons--no matter on what side they may stand--who make
+   religion, which should be the fountain and mother of all peace and
+   blessings, the cause of rancour and animosity. We have had,
+   unhappily, gentlemen, too much of this in Ireland. We have been too
+   long the victims of that wayward fate of which the poet wrote, when
+   he said:--
+
+"Whilst our tyrants join in hate,
+We never joined in love."
+
+   But, gentlemen, I will ask of you if you ever before heard, until
+   this time, that the green of Ireland was the peculiar colour of any
+   particular sect, creed, or faction, or that any of the people of this
+   country wore it as the peculiar emblem of their party, and for the
+   purpose of giving annoyance and of offering insult to some other
+   portion of their fellow-countrymen. I must say that I never heard
+   before that Catholic or Protestant, or Quaker or Moravian, laid claim
+   to this colour as a symbol of party. I thought all Irishmen, no
+   matter what altar they bowed before, regarded the green as the
+   national colour of Ireland. If it is illegal to wear the green, all I
+   can say is that the Constabulary are guilty of a constant and
+   continuing breach of the law. The Lord and Lady Lieutenant will
+   probably appear on next Patrick's Day, decorated with large bunches
+   of green shamrock. Many of the highest officials of the government
+   will do the same; and is it to be thought for one moment that they,
+   by wearing this green emblem of Ireland and of Irish nationality, are
+   violating the law of the land. Gentlemen, it is perfectly absurd to
+   think so. I hope this country has not yet so fallen as that it has
+   become a crime to wear the green. I trust we have not yet come to
+   that pass of national degradation, that a jury of Irishmen can be
+   found so forgetful of their country's dignity and of their own as to
+   brand with a mark of infamy a colour which is associated with so many
+   recollections, not of party triumphs, but of national glories--not
+   with any sect, or creed, or party, but with a nation and a race whose
+   children, whether they were the exiled soldiers of a foreign state,
+   or the soldiers of Great Britain--whether at Fontenoy or on the
+   plains of Waterloo, or on the heights of Fredericksburgh, have nobly
+   vindicated the chivalry and fame of Ireland! It is for them that the
+   green has its true meaning. It is to the Irishman in a distant land
+   this emblem is so dear, for it is entwined in his memory, not with
+   any miserable faction, but with the home and the country which gave
+   him birth. I do hope that Irishmen will never be ashamed in this
+   country to wear the green, and I hope an attempt will never again be
+   made in an Irish court of justice to punish Irishmen for wearing that
+   which is a national colour, and of which every man who values his
+   country should feel proud.
+
+When Mr. Crean resumed his seat--which he did amidst strong
+manifestations of applause--it was past three o'clock in the afternoon.
+It was not expected that the case would have proceeded so far by that
+hour, and Mr. Martin and Mr. Sullivan, who intended each to speak in his
+own behalf, did not expect to rise for that purpose before next day,
+when it was arranged that Mr. Martin would speak first, and Mr. Sullivan
+follow him. Now, however, it was necessary some one of them should rise
+to his defence, and Mr. Martin urged that Mr. Sullivan should begin.
+
+By this time the attendance in court, which, during the
+Solicitor-General's speech and the crown evidence, thinned down
+considerably, had once more grown too great for the fair capacity of the
+building. There was a crush within, and a crowd without. When Mr.
+Sullivan was seen to rise, after a moment's hurried consultation with
+Mr. Martin, who sat beside him, there was a buzz, followed by an anxious
+silence. For a moment the accused paused, almost overcome (as well he
+might have been) by a sense of the responsibility of this novel and
+dangerous course. But he quickly addressed himself to the critical task
+he had undertaken, and spoke as follows:--[Footnote: As Mr. Sullivan
+delivered this speech without even the ordinary assistance of written
+notes or memoranda, the report here quoted is that which was published
+in the newspapers of the time. Some few inaccuracies which he was
+precluded from correcting then (being a prisoner when this speech was
+first published), have been corrected for this publication.]
+
+   My lords and gentlemen of the jury--I rise to address you under
+   circumstances of embarassment which will, I hope, secure for me a
+   little consideration and indulgence at your hands. I have to ask you
+   at the outset to banish any prejudice that might arise in your minds
+   against a man who adopts the singular course--who undertakes the
+   serious responsibility--of pleading his own defence. Such a
+   proceeding might be thought to be dictated either by disparagement of
+   the ordinary legal advocacy, by some poor idea of personal vanity, or
+   by way of reflection on the tribunal before which the defence is
+   made. My conduct is dictated by neither of these considerations or
+   influences. Last of all men living should I reflect upon the ability,
+   zeal, and fidelity of the Bar of Ireland, represented as it has been
+   in my own behalf within the past two days by a man whose heart and
+   genius are, thank God, still left to the service of our country, and
+   represented, too, as it has been here this day by that gifted young
+   advocate, the echoes of whose eloquence still resound in this court,
+   and place me at disadvantage in immediately following him. And
+   assuredly I design no disrespect to this court; either to tribunal in
+   the abstract, or to the individual judges who preside; from one of
+   whom I heard two days ago delivered in my own case a charge of which
+   I shall say--though followed by a verdict which already consigns me
+   to a prison--that it was, judging it as a whole, the fairest, the
+   clearest, the most just and impartial ever given to my knowledge, in
+   a political case of this kind in Ireland between the subject and the
+   crown. No; I stand here in my own defence to-day, because long since
+   I formed the opinion that, on many grounds, in such a prosecution as
+   this, such a course would be the most fair and most consistent for a
+   man like me. That resolution I was, for the sake of others, induced
+   to depart from on Saturday last, in the first prosecution against me.
+   When it came to be seen that I was the first to be tried out of two
+   journalists prosecuted, it was strongly urged on me that my course,
+   and the result of my trial, might largely affect the case of the
+   other journalist to be tried after, me; and that I ought to waive my
+   individual views and feelings, and have the utmost legal ability
+   brought to bear in behalf of the case of the national press at the
+   first point of conflict. I did so. I was defended by a bar not to be
+   surpassed in the kingdom for ability and earnest zeal; yet the result
+   was what I anticipated. For I knew, as I had held all along, that in
+   a case like this, where law and fact are left to the jury, legal
+   ability is of no avail if the crown comes in with its arbitrary power
+   of moulding the jury. In that case, as in this one, I openly,
+   publicly, and distinctly announced that I for my part would challenge
+   no one, whether with cause or without cause. Yet the crown--in the
+   face of this fact--and in a case where they knew that at least the
+   accused had no like power of peremptory challenge--did not venture to
+   meet me on equal footing; did not venture to abstain from their
+   practice of absolute challenge; in fine, did not dare to trust their
+   case to twelve men "indifferently chosen," as the constitution
+   supposes a jury to be. Now, gentlemen, before I enter further upon
+   this jury question, let me say that with me this is no complaint
+   merely against "the Tories." On this as well as on numerous other
+   subjects, it is well known that it has been my unfortunate lot to
+   arraign both Whigs and Tories. I say further, that I care not a jot
+   whether the twelve men selected or permitted by the crown to try me,
+   or rather to convict me, by twelve of my own co-religionists and
+   political compatriots, or twelve Protestants, Conservatives, Tories,
+   or "Orangemen." Understand me clearly on this. My objection is not to
+   the individuals comprising the jury. You may be all Catholics, or you
+   may be all Protestants, for aught that affects my protest, which is
+   against the mode by which you are selected--selected by the
+   crown--their choice for their own ends--and not "indifferently
+   chosen" between the crown and the accused. You may disappoint, or you
+   may justify the calculations of the crown official, who has picked
+   you out from the panel, by negative or positive choice (I being
+   silent and powerless)--you may or may not be all he supposes--the
+   outrage on the spirit of the constitution is the same. I say, by such
+   a system of picking a jury by the crown, I am not put upon my
+   country. Gentlemen, from the first moment these proceedings were
+   commenced against me, I think it will be admitted that I endeavoured
+   to meet them fairly and squarely, promptly and directly. I have never
+   once turned to the right or to the left, but gone straight to the
+   issue. I have from the outset declared my perfect readiness to meet
+   the charges of the crown. I did not care when or where they tried me.
+   I said I would avail of no technicality--that I would object to no
+   juror--Catholic, Protestant, or Dissenter. All I asked--all I
+   demanded--was to be "put upon my country," in the real, fair, and
+   full sense and spirit of the constitution. All I asked was that the
+   crown would keep its hand off the panel, as I would keep off mine. I
+   had lived fifteen years in this city; and I should have lived in
+   vain, if, amongst the men that knew me in that time, whatever might
+   be their political or religious creed, I feared to have my acts, my
+   conduct, or principles tried. It is the first and most original
+   condition of society that a man shall subordinate his public acts to
+   the welfare of the community, or at least acknowledge the right of
+   those amongst whom his lot is cast, to judge him on such an issue as
+   this. Freely I acknowledge that right. Readily have I responded to
+   the call to submit to the judgment of my country, the question
+   whether, in demonstrating my sorrow and sympathy for misfortune, my
+   admiration for fortitude, my vehement indignation against what I
+   considered to be injustice, I had gone too far and invaded the rights
+   of the community. Gentlemen, I desire in all that I have to say to
+   keep or be kept within what is regular and seemly, and above all to
+   utter nothing wanting in respect for the court; but I do say, and I
+   do protest, that I have not got trial by jury according to the spirit
+   and meaning of the constitution. It is as representatives of the
+   general community, not as representatives of the crown officials, the
+   constitution supposes you to sit in that box. If you do not fairly
+   represent the community, and if you are not empanelled indifferently
+   in that sense, you are no jury in the spirit of the constitution. I
+   care not how the crown practice may be within the technical letter of
+   the law, it violates the intent and meaning of the constitution, and
+   it is not "trial by jury." Let us suppose the scene removed, say, to
+   France. A hundred names are returned on what is called a panel by a
+   state functionary for the trial of a journalist charged with
+   sedition. The accused is powerless to remove any name from the list
+   unless for over-age or non-residence. But the imperial prosecutor has
+   the arbitrary power of ordering as many as he pleases to "stand
+   aside." By this means he puts or allows on the jury only whomsoever
+   he pleases. He can, beforehand, select the twelve, and, by wiping
+   out, if it suits him, the eighty-eight other names, put the twelve of
+   his own choosing into the box. Can this be called trial by jury?
+   Would not it be the same thing, in a more straightforward way, to let
+   the crown-solicitor send out a policeman and collect twelve
+   well-accredited persons of his own mind and opinion? For my own part,
+   I would prefer this plain-dealing, and consider far preferable the
+   more rude but honest hostility of a drum-head court martial (applause
+   in the court). Again I say, understand me well, I am objecting to the
+   principle, the system, the practice, and not to the twelve gentlemen
+   now before me as individuals. Personally, I am confident that being
+   citizens of Dublin, whatever your views or opinions, you are
+   honourable and conscientious men. You may have strong prejudices
+   against me or my principles in public life--very likely you have; but
+   I doubt not that though these may unconsciously tinge your judgment
+   and influence your verdict, you will not consciously violate the
+   obligations of your oath. And I care not whether the crown, in
+   permitting you to be the twelve, ordered three, or thirteen, or
+   thirty others to "stand by"--or whether those thus arbitrarily put
+   aside were Catholics or Protestants, Liberals, Conservatives, or
+   Nationalists--the moment the crown put its finger at all on the
+   panel, in a case where the accused had no equal right, the essential
+   character of the jury was changed, and the spirit of the constitution
+   was outraged. And now, what is the charge against my
+   fellow-traversers and myself? The solicitor-general put it very
+   pithily awhile ago when he said our crime was "glorifying the cause
+   of murder." The story of the crown is a very terrible, a very
+   startling one. It alleges a state of things which could hardly be
+   supposed to exist amongst the Thugs of India. It depicts a population
+   so hideously depraved that thirty thousand of them in one place, and
+   tens of thousands in various other places, arrayed themselves
+   publicly in procession to honour and glorify murder--to sympathise
+   with murderers as murderers. Yes, gentlemen, that is the crown case,
+   or they have no case at all--that the funeral procession in Dublin on
+   the 8th December last was a demonstration of sympathy with murder as
+   murder. For you will have noted that never once in his smart
+   narration of the crown story, did Mr. Harrison allow even the
+   faintest glimmer to appear of any other possible complexion or
+   construction of our conduct. Why, I could have imagined it easy for
+   him not merely to state his own case, but to state ours too, and show
+   where we failed, and where his own side prevailed. I could easily
+   imagine Mr. Harrison stating our view of the matter--and combatting
+   it. But he never once dared to even mention our case. His whole aim
+   was to hide it from you, and to fasten, as best such efforts of his
+   could fasten, in your minds this one miserable refrain--"They
+   glorified the cause of murder and assassination." But this is no new
+   trick. It is the old story of the maligners of our people. They call
+   the Irish a turbulent, riotous, crime-loving, law-hating race. They
+   are for ever pointing to the unhappy fact--for, gentlemen, it is a
+   fact--that between the Irish people and the laws under which they now
+   live there is little or no sympathy, but bitter estrangement and
+   hostility of feeling or of action. Bear with me if I examine this
+   charge, since an understanding of it is necessary in order to judge
+   our conduct on the 8th December last. I am driven upon this extent of
+   defence by the singular conduct of the solicitor-general, who, with a
+   temerity which he will repent, actually opened the page of Irish
+   history, going back upon it just so far as it served his own purpose,
+   and no farther. Ah! fatal hour for my prosecutors when they appealed
+   to history. For assuredly, that is the tribunal that will vindicate
+   the Irish people, and confound those who malign them as sympathisers
+   with assassination and glorifiers of murder--
+
+   Solicitor-General--My lord, I must really call upon you--I deny that
+   I ever--
+
+   Mr. Justice Fitzgerald--Proceed, Mr. Sullivan.
+
+   Mr. Sullivan--My lord, I took down the solicitor-general's words. I
+   quote them accurately as he spoke them, and he cannot get rid of them
+   now. "Glorifiers of the cause of murder" was his designation of my
+   fellow-traversers and myself, and our fifty thousand fellow-mourners
+   in the funeral procession; and before I sit down I will make him rue
+   the utterance. Gentlemen of the jury, if British law be held in
+   "disesteem"--as the crown prosecutors phrase it--here in Ireland,
+   there is an explanation for that fact, other than that supplied by
+   the solicitor-general; namely, the wickedness of seditious persons
+   like myself, and the criminal sympathies of a people ever ready to
+   "glorify the cause of murder." Mournful, most mournful, is the lot of
+   that land where the laws are not respected--nay, revered by the
+   people. No greater curse could befall a country than to have the laws
+   estranged from popular esteem, or in antagonism with the national
+   sentiment. Everything goes wrong under such a state of things. The
+   ivy will cling to the oak, and the tendrils of the vine reach forth
+   towards strong support. But more anxiously and naturally still does
+   the human heart instinctively seek an object of reverence and love,
+   as well as of protection and support, in law, authority, sovereignty.
+   At least, among a virtuous people like ours, there is ever a yearning
+   for those relations which are, and ought to be, as natural between a
+   people and their government as between the children and the parent. I
+   say for myself, and I firmly believe I speak the sentiments of most
+   Irishmen when I say, that so far from experiencing satisfaction, we
+   experience pain in our present relations with the law and governing
+   power; and we long for the day when happier relations may be restored
+   between the laws and the national sentiment in Ireland. We Irish are
+   no race of assassins or "glorifiers of murder." From the most remote
+   ages, in all centuries, it has been told of our people that they were
+   pre-eminently a justice-loving people. Two hundred and fifty years
+   ago the predecessor of the solicitor-general--an English
+   attorney-general--it may be necessary to tell the learned gentleman
+   that his name was Sir John Davis (for historical as well as
+   geographical knowledge[B] seems to be rather scarce amongst the
+   present law officers of the crown), (laughter)--held a very different
+   opinion of them from that put forth to-day by the solicitor-general.
+   Sir John Davis said no people in the world loved equal justice more
+   than the Irish even where the decision was against themselves. That
+   character the Irish have ever borne and bear still. But if you want
+   the explanation of this "disesteem" and hostility for British law,
+   you must trace effect to cause. It will not do to stand by the river
+   side near where it flows into the sea, and wonder why the water
+   continues to run by. Not I--not my fellow-traversers--not my
+   fellow-countrymen--are accountable for the antagonism between law and
+   popular sentiment in this country. Take up the sad story where you
+   will--yesterday, last month, last year, last century--two centuries
+   ago, three centuries, five centuries, six centuries--and what will
+   you find? English law presenting itself to the Irish people in a
+   guise forbidding sympathy or respect, and evoking fear and
+   resentment. Take it at its birth in this country. Shake your minds
+   free of legal theories and legal fictions, and deal with facts. This
+   court where I now stand is the legal and political heir, descendant,
+   and representative of the first law court of the Pale six or seven
+   centuries ago. Within that Pale were a few thousand English settlers,
+   and of them alone did the law take cognizance. The Irish nation--the
+   millions outside the Pale--were known only as "the king's Irish
+   enemie." The law classed them with the wild beasts of nature whom it
+   was lawful to slay. Later on in our history we find the Irish near
+   the Pale sometimes asking to be admitted to the benefits of English
+   law, since they were forbidden to have any of their own; but their
+   petitions were refused. Gentlemen, this was English law as it stood
+   towards the Irish people for centuries; and wonder, if you will, that
+   the Irish people held it in "disesteem:--[Footnote B: On Mr.
+   Sullivan's first trial the solicitor-general, until stopped and
+   corrected by the court, was suggesting to the jury that there was no
+   such place as Knockrochery, and that a Fenian proclamation which had
+   been published in the _Weekly News_ as having been posted at that
+   place, was, in fact, composed in Mr. Sullivan's Office. Mr. Justice
+   Deasy, however, pointedly corrected and reproved this blunder on the
+   part of Mr. Harrison.]
+
+        "The Irish were denied the right of bringing actions in any of
+        the English courts in Ireland for trespasses to their lands, or
+        for assaults or batteries to their persons. Accordingly, it was
+        answer enough to the action in such a case to say that the
+        plaintiff was an Irishman, unless he could produce a special
+        charter giving him the rights of an Englishman. If he sought
+        damage against an Englishman for turning him out of his land,
+        for the seduction of his daughter Nora, or for the beating of
+        his wife Devorgil, or for the driving off of his cattle, it was
+        a good defence to say he was a mere Irishman. And if an
+        Englishman was indicted for manslaughter, if the man slain was
+        an Irishman, he pleaded that the deceased was of the Irish
+        nation, and that it was no felony to kill an Irishman. For this,
+        however, there was a fine of five marks payable to the king; but
+        mostly they killed us for nothing. If it happened that the man
+        killed was a servant of an Englishman, he added to the plea of
+        the deceased being an Irishman, that if the master should ever
+        demand damages, he would be ready to satisfy him."
+
+   That was the egg of English law in Ireland. That was the seed--that
+   was the plant--do you wonder if the tree is not now esteemed and
+   loved? If you poison a stream at its source, will you marvel if down
+   through all its courses the deadly element is present? Now trace from
+   this, its birth, English law in Ireland--trace down to this hour--and
+   examine when or where it ever set itself to a reconciliation with the
+   Irish people. Observe the plain relevancy of this to my case. I, and
+   men like me, are held accountable for bringing law into hatred and
+   contempt in Ireland: and in presenting this charge against me the
+   solicitor-general appealed to history. I retort the charge on my
+   accusers; and I will trace down to our own day the relations of
+   hostility which English law itself established between itself and the
+   people of Ireland. Gentlemen, for four hundred years--down to
+   1607--the Irish people had no existence in the eye of the law; or
+   rather much worse, were viewed by it as "the King's Irish enemie."
+   But even within the Pale, how did it recommend itself to popular
+   reverence and affection? Ah, gentlemen, I will show that in those
+   days, just as there have been in our own, there were executions and
+   scaffold-scenes which evoked popular horror and resentment--though
+   they were all "according to law," and not be questioned unless by
+   "seditionists." The scaffold streamed with the blood of those whom
+   the people loved and revered--how could they love and revere the
+   scaffold? Yet, 'twas all "according to law." The sanctuary was
+   profaned and rifled; the priest was slain or banished--'twas all
+   "according to law," no doubt, and to hold law in "disesteem" is
+   "sedition." Men were convicted and executed "according to law;" yet
+   the people demonstrated sympathy for them, and resentment against
+   their executioners--most perversely, as a solicitor-general,
+   doubtless, would say. And, indeed, the State Papers contain accounts
+   of those demonstrations written by crown officials which sound very
+   like the solicitor-general's speech to-day. Take, for instance, the
+   execution--"according to law"--of the "Popish bishop" O'Hurley. Here
+   is the letter of a state functionary on the subject:--
+
+        "I could not before now so impart to her Majesty as to know her
+        mind touching the same for your lordship's direction. Wherefore,
+        she having at length resolved, I have accordingly, by her
+        commandment, to signify her Majesty's pleasure unto you touching
+        Hurley, which is this:--That the man being so notorious and ill
+        a subject, as appeareth by all the circumstances of his cause he
+        is, you proceed, if it may be, to his execution by ordinary
+        trial of him for it. How be it, in case you shall find the
+        effect of his course DOUBTFUL by reason of the affection of such
+        as shall be on his jury, and by reason of the supposal conceived
+        by the lawyers of that country, that he can hardly be found
+        guilty for his treason committed in foreign parts against her
+        Majesty. Then her pleasure is you take A SHORTER WAY WITH HIM,
+        by martial law. So, as you may see, it is referred to your
+        discretion, whether of those two ways your lordship will take
+        with him, and the man being so resolute to reveal no more
+        matter, it is thought best to have no FURTHER TORTURES used
+        against him, but that you proceed FORTHWITH TO HIS EXECUTION in
+        manner aforesaid. As for her Majesty's good acceptation of your
+        careful travail in this matter of Hurley, you need nothing to
+        doubt, and for your better assurance thereof she has commanded
+        me to let your lordship understand that, as well as in all
+        others the like, as in the case of Hurley, she cannot but
+        greatly allow and commend YOUR DOINGS."
+
+   Well, they put his feet into tin boots filled with oil, and then
+   placed him standing in the fire. Eventually they cut off his head,
+   tore out his bowels, and cut the limbs from his body. Gentlemen,
+   'twas all "according to law;" and to demonstrate sympathy for him and
+   "disesteem" of that law was "sedition." But do you wonder greatly
+   that law of that complexion failed to secure popular sympathy and
+   respect? One more illustration, gentlemen, taken from a period
+   somewhat later on. It is the execution--"according to law,"
+   gentlemen; entirely "according to law"--of another Popish bishop
+   named O'Devany. The account is that of a crown official of the
+   time--some most worthy predecessor of the solicitor-general. I read
+   it from the recently published work of the Rev. C.P. Meehaun. "On the
+   28th of January, the bishop and priest, being arraigned at the King's
+   Bench, were each condemned of treason, and adjudged to be executed
+   the Saturday following; which day being come, a priest, or two of the
+   Pope's brood, with holy water and other holy stuffs"--(no sneer was
+   that at all, gentlemen; no sneer at Catholic practices, for a crown
+   official never sneers at Catholic practices)--"were sent to sanctify
+   the gallows whereon they were to die. About two o'clock, p.m., the
+   traitors were delivered to the sheriffs of Dublin, who placed them in
+   a small car, which was followed by a great multitude. As the car
+   progressed the spectators knelt down; but the bishop sitting still,
+   like a block, would not vouchsafe them a word, or turn his head
+   aside. The multitude, however, following the car, made such a dole
+   and lamentation after him, as the heavens themselves resounded the
+   echoes of their outcries." (Actually a seditious funeral
+   procession--made up of the ancestors of those thirty-thousand men,
+   women, and children, who, according to the solicitor-general,
+   glorified the cause of murder on the 8th of last December.) "Being
+   come to the gallows, whither they were followed by troops of the
+   citizens, men and women of all classes, most of the best being
+   present, the latter kept up such a shrieking, such a howling, and
+   such a hallooing, as if St. Patrick himself had been gone to the
+   gallows, could not have made greater signs of grief; but when they
+   saw him turned from off the gallows, they raised the _whobub_ with
+   such a maine cry, as if the rebels had come to rifle the city. Being
+   ready to mount the ladder, when he was pressed by some of the
+   bystanders to speak, he repeated frequently _Sine me quæso_. The
+   executioner had no sooner taken off the bishop's head, but the
+   townsmen of Dublin began to flock about him, some taking up the head
+   with pitying aspect, accompanied with sobs and sighs; some kissed it
+   with as religious an appetite as ever they kissed the Pax; some cut
+   away all the hair from the head, which they preserved for a relic;
+   some others were practisers to steal the head away, but the
+   executioner gave notice to the sheriffs. Now, when he began to
+   quarter the body, the women thronged about him, and happy was she
+   that could get but her handkerchief dipped in the blood of the
+   traitor; and the body being once dissevered in four quarters, they
+   neither left, finger nor toe, but they cut them off and carried them
+   away; and some others that could get no holy monuments that
+   appertained to his person, with their knives they shaved off chips
+   from the hallowed gallows; neither could they omit the halter
+   wherewith he was hanged, but it was rescued for holy uses. The same
+   night after the execution, a great crowd flocked about the gallows,
+   and there spent the fore part of the night in heathenish howling, and
+   performing many Popish ceremonies; and after midnight, being then
+   Candlemas day, in the morning having their priests present in
+   readiness, they had Mass after Mass till, daylight being come, they
+   departed to their own houses." There was "sympathy with sedition" for
+   you, gentlemen. No wonder the crown official who tells the
+   story--same worthy predecessor of Mr. Harrison--should be horrified
+   at such a demonstration. I will sadden you with no further
+   illustrations of English law, but I think it will be admitted that
+   after centuries of such law, one need not wonder if the people hold
+   it in "hatred and contempt." With the opening of the seventeenth
+   century, however, came a golden and glorious opportunity for ending
+   that melancholy--that terrible state of things. In the reign of James
+   I., English law, for the first time, extended to every corner of this
+   kingdom. The Irish came into the new order of things frankly and in
+   good faith; and if wise counsels prevailed then amongst our rulers,
+   oh, what a blessed ending there might have been to the bloody feud of
+   centuries. The Irish submitted to the Gaelic King, to whom had come
+   in the English crown. In their eyes he was of a friendly, nay of a
+   kindred race. He was of a line of Gaelic kings that had often
+   befriended Ireland. Submitting to him was not yielding to the brutal
+   Tudor. Yes, that was the hour, the blessed opportunity for laying the
+   foundation of a real union between the three kingdoms; a union of
+   equal national rights under the one crown. This was what the Irish
+   expected; and in this sense they in that hour accepted the new
+   dynasty. And it is remarkable that from that day to this, though
+   England has seen bloody revolutions and violent changes of rulers,
+   Ireland has ever held faithfully--too faithfully--to the sovereignty
+   thus adopted. But how were they received? How were their expectations
+   met? By persecution, proscription, and wholesale plunder, even by
+   that miserable Stuart. His son came to the throne. Disaffection broke
+   out in England and Scotland. Scottish Protestant Fenians, called
+   "Covenanters," took the field against him, because of the attempt to
+   establish Episcopalian Protestantism as a state church. By armed
+   rebellion against their lawful king, I regret to say it, they won
+   rights which now most largely tend to make Scotland contented and
+   loyal. I say it is to be regretted that those rights were thus won;
+   for I say that even at best it is a good largely mixed with evil
+   where rights are won by resorts of violence or revolution. His
+   concessions to the Calvanist Fenians in Scotland did not save
+   Charles. The English Fenians, under their Head Centre Cromwell, drove
+   him from the throne and murdered him on a scaffold in London. How did
+   the Irish meanwhile act? They stood true to their allegiance. They
+   took the field for the King. What was the result? They were given
+   over to slaughter and plunder by the brutal soldiery of the English
+   Fenians. Their nobles and gentry were beggared and proscribed; their
+   children were sold as white slaves to West Indian planters; and their
+   gallant struggles for the king, their sympathy for the royalist
+   cause, was actually denounced by the English Fenians as "sedition,"
+   "rebellion," "lawlessness," "sympathy with crime." Ah, gentlemen, the
+   evils thus planted in our midst will survive, and work their
+   influence; yet some men wonder that English law is held in
+   "disesteem" in Ireland. Time went on, gentlemen; time went on.
+   Another James sat on the throne; and again English Protestant
+   Fenianism conspired for the overthrow of their sovereign. They
+   invited "foreign emissaries" to come over from Holland and Sweden, to
+   begin the revolution for them. They drove their legitimate king from
+   the throne--never more to return. How did the Irish act in that hour?
+   Alas! Ever too loyal--ever only too ready to stand by the throne and
+   laws if only treated with justice or kindliness--they took the field
+   for the king, not against him. He landed on our shores; and had the
+   English Fenians rested content with rebelling themselves, and allowed
+   us to remain loyal as we desired to be, we might now be a
+   neighbouring but friendly and independent kingdom under the ancient
+   Stuart line. King James came here and opened his Irish parliament in
+   person. Oh, who will say in that brief hour at least the Irish nation
+   was not reconciled to the throne and laws? King, parliament, and
+   people, were blended in one element of enthusiasm, joy, and hope, the
+   first time for ages Ireland had known such a joy. Yes--
+
+        We, too, had our day--it was brief, it is ended--
+             When a King dwelt among us--no strange King--but OURS.
+        When the shout of a people delivered ascended,
+             And shook the green banner that hung on yon towers,
+        We saw it like leaves in the summer-time shiver;
+             We read the gold legend that blazoned it o'er--
+        "To-day--now or never; to-day and for ever"--
+             Oh, God! have we seen it to see it no more!
+
+   (Applause in court). Once more the Irish people bled and sacrificed
+   for their loyalty to the throne and laws. Once more confiscation
+   devastated the land, and the blood of the loyal and true was poured
+   like rain. The English Fenians and the foreign emissaries triumphed,
+   aided by the brave Protestant rebels of Ulster. King William came to
+   the throne--a prince whose character is greatly misunderstood in
+   Ireland: a brave, courageous soldier, and a tolerant man, could he
+   have had his way. The Irish who had fought and lost, submitted on
+   terms, and had law even now been just or tolerant, it was open to the
+   revolutionary _regime_ to have made the Irish good subjects. But what
+   took place? The penal code came, in all its horror to fill the Irish
+   heart with hatred and resistance. I will read for you what a
+   Protestant historian--a man of learning and ability--who is now
+   listening to me in this court--has written of that code. I quote
+   "Godkin's History," published by Cassell of London:--
+
+        "The eighteenth century," says Mr. Godkin, "was the era of
+        persecution, in which the law did the work of the sword more
+        effectually and more safely. Then was established a code framed
+        with almost diabolical ingenuity to extinguish natural
+        affection--to foster perfidy and hypocrisy--to petrify
+        conscience--to perpetuate brutal ignorance--to facilitate the
+        work of tyranny--by rendering the vices of slavery inherent and
+        natural in the Irish character, and to make Protestantism almost
+        irredeemably odious as the monstrous incarnation of all moral
+        perversions."
+
+   Gentlemen, in that fell spirit English law addressed itself to a
+   dreadful purpose here in Ireland; and, mark you, that code prevailed
+   down to our own time; down to this very generation. "Law" called on
+   the son to sell his father; called on the flock to betray the pastor.
+   "Law" forbade us to educate--forbid us to worship God in the faith of
+   our fathers. "Law" made us outcasts--scourged us, trampled us,
+   plundered us--do you marvel that, amongst the Irish people, law has
+   been held in "disesteem?" Do you think this feeling arises from
+   "sympathy with assassination or murder?" Yet, if we had been let
+   alone, I doubt not that time would have fused the conquerors and the
+   conquered, here in Ireland, as elsewhere. Even while the millions of
+   the people were kept outside the constitution, the spirit of
+   nationality began to appear; and under its blessed influence
+   toleration touched the heart of the Irish-born Protestant. Yes--thank
+   God--thank God, for the sake of our poor country, where sectarian
+   bitterness has wrought such wrong--it was an Irish Protestant
+   Parliament that struck off the first link of the penal chain. And lo!
+   once more, for a bright brief day, Irish national sentiment was in
+   warm sympathy and heartfelt accord with the laws. "Eighty-two" came.
+   Irish Protestant patriotism, backed by the hearty sympathy of the
+   Catholic millions, raised up Ireland to a proud and glorious
+   position; lifted our country from the ground, where she lay prostrate
+   under the sword of England--but what do I say? This is "sedition." It
+   has this week been decreed sedition to picture Ireland thus.[C] Well,
+   then, they rescued her from what I will call the loving embrace of
+   her dear sister Britannia, and enthroned her in her rightful place, a
+   queen among the nations. Had the brightness of that era been
+   prolonged--picture it, think of it--what a country would ours be now?
+   Think of it! And contrast what we are with what we might be! Compare
+   a population filled with burning memories--disaffected, sullen,
+   hostile, vengeful--with a people loyal, devoted, happy, contented;
+   and England, too, all the happier, the more secure, the more great
+   and free. But sad is the story. Our independent national legislature
+   was torn from us by means, the iniquity of which, even among English
+   writers, is now proclaimed and execrated. By fraud and by force that
+   outrage on law, on right, and justice, was consummated. In speaking
+   thus I speak "sedition." No one can write the facts of Irish history,
+   without committing sedition. Yet every writer and speaker now will
+   tell you that the overthrow of our national constitution, sixty-seven
+   years ago, was an iniquitous and revolting scheme. But do you, then,
+   marvel that the laws imposed on us by the power that perpetrated that
+   deed are not revered, loved, and respected? Do you believe that that
+   want of respect arises from the "seditions" of men like my
+   fellow-traversers and myself? Is it wonderful to see estrangement
+   between a people and laws imposed on them by the over-ruling
+   influence of another nation? Look at the lessons--unhappy
+   lessons--taught our people by that London legislature where their own
+   will is overborne. Concessions refused and resisted as long as they
+   durst be withheld; and when granted at all, granted only after
+   passion has been aroused and the whole nation been embittered. The
+   Irish people sought Emancipation. Their great leader was dogged at
+   every step by hostile government proclamations and crown
+   prosecutions. Coercion act over coercion act was rained upon us; yet
+   O'Connell triumphed. But how and in what spirit was Emancipation
+   granted? Ah there never was a speech more pregnant with mischief,
+   with sedition, with revolutionary teaching--never words tended more
+   to bring law and government into contempt--than the words of the
+   English premier when he declared Emancipation must, sorely against
+   his will, be granted if England would not face a civil war. That was
+   a bad lesson to teach Irishmen. Worse still was taught them.
+   O'Connell, the great constitutional leader, a man with whom loyalty
+   and respect for the laws was a fundamental principle of action, led
+   the people towards further liberation--the liberation, not of a
+   creed, but a nation. What did he seek? To bring once more the laws
+   and the national will into accord; to reconcile the people and the
+   laws by restoring the constitution of queen, lords, and commons. How
+   was he met by the government? By the nourish of the sword; by the
+   drawn sabre and the shotted gun, in the market place and the highway.
+   "Law" finally grasped him as a conspirator, and a picked jury gave
+   the crown then, as now, such verdict as was required. The venerable
+   apostle of constitutional doctrines was consigned to prison, while a
+   sorrowing--aye, a maddened nation, wept for him outside. Do you
+   marvel that they held in "disesteem" the law and government that
+   acted thus? Do you marvel that to-day, in Ireland, as in every
+   century of all those through which I have traced this state of
+   things, the people and the law scowl upon each other? Gentlemen, do
+   not misunderstand the purport of my argument. It is not for the
+   purpose--it would be censurable--of merely opening the wounds of the
+   past that I have gone back upon history somewhat farther than the
+   solicitor-general found it advantageous to go. I have done it to
+   demonstrate that there is a truer reason than that alleged by the
+   crown in this case for the state of war--for unhappily that is what
+   it is--which prevails between the people of Ireland and the laws
+   under which they now live. And now apply all this to the present
+   case, and judge you my guilt--judge you the guilt of those whose
+   crime, indeed, is that they do not love and respect law and
+   government as they are now administered in Ireland. Gentlemen, the
+   present prosecution arises directly out of what is known as the
+   Manchester tragedy. The solicitor-general gave you his version, his
+   fanciful sketch of that sad affair; but it will be my duty to give
+   you the true facts, which differ considerably from the crown story.
+   The solicitor-general began with telling us about "the broad summer's
+   sun of the 18th September" (laughter). Gentlemen, it seems very clear
+   that the summer goes far into the year for those who enjoy the sweets
+   of office; nay, I am sure it is summer "all the year round" with the
+   solicitor-general while the present ministry remain in. A goodly
+   golden harvest he and his colleagues are making in this summer of
+   prosecutions; and they seem very well inclined to get up enough of
+   them (laughter). Well, gentlemen, I'm not complaining of that, but I
+   will tell you who complain loudly--the "outs," with whom it is
+   midwinter, while the solicitor-general and his friends are enjoying
+   this summer (renewed laughter). Well, gentlemen, some time last
+   September two prominent leaders of the Fenian movement--alleged to be
+   so at least--named Kelly and Deasy, were arrested in Manchester. In
+   Manchester there is a considerable Irish population, and amongst them
+   it was known those men had sympathisers. They were brought up at the
+   police court--and now, gentlemen, pray attentively mark this. The
+   Irish executive that morning telegraphed to the Manchester
+   authorities a strong warning of an attempted rescue. The Manchester
+   police had full notice--how did they treat the timely warning sent
+   from Dublin; a warning which, if heeded, would have averted all this
+   sad and terrible business which followed upon that day? Gentlemen,
+   the Manchester police authorities scoffed at the warning. They
+   derided it as a "Hirish" alarm. What! The idea of low "Hirish" hodmen
+   or labourers rescuing prisoners from them, the valiant and the brave!
+   Why, gentlemen, the Seth Bromleys of the "force" in Manchester waxed
+   hilarious and derisive over the idea. They would not ask even a
+   truncheon to put to flight even a thousand of those despised
+   "Hirish;" and so, despite specific warning from Dublin, the van
+   containing the two Fenian leaders, guarded by eleven police officers,
+   set out from the police office to the jail. Now, gentlemen, I charge
+   on the stolid vain gloriousness in the first instance, and the
+   contemptible pusilanimity in the second instance, of the Manchester
+   police--the valiant Seth Bromleys--all that followed. On the skirts
+   of the city the van was attacked by some eighteen Irish youths,
+   having three revolvers--three revolvers, gentlemen, and no
+   more--amongst them. The valour of the Manchester eleven vanished at
+   the sight of those three revolvers--some of them, it seems, loaded
+   with blank cartridge! The Seth Bromleys took to their heels. They
+   abandoned the van. Now, gentlemen, do not understand me to call those
+   policemen cowards. It is hard to blame an unarmed man who runs away
+   from a pointed revolver, which, whether loaded or unloaded, is a
+   powerful persuasion to--depart. But I do say that I believe in my
+   soul that if that had occurred here in Dublin, eleven men of our
+   metropolitan police whould have taken those three revolvers or
+   perished in the attempt (applause). Oh, if eleven Irish policemen had
+   run away like that from a few poor English lads with barely three
+   revolvers, how the press of England would yell in fierce
+   denunciation--why, they would trample to scorn the name of
+   Irishman--(applause in the court, which the officials vainly tried to
+   silence). [Footnote C: For publishing an illustration in the _Weekly
+   News_ thus picturing England's policy of coercion, Mr. Sullivan had
+   been found guilty of seditious libel on the previous trial.]
+
+   Mr. Justice Fitzgerald--If these interruptions continue, the parties
+   so offending must be removed.
+
+   Mr. Sullivan--I am sorry, my lord, for the interruption; though not
+   sorry the people should endorse my estimate of the police. Well,
+   gentlemen, the van was abandoned by its valiant guard; but there
+   remained inside one brave and faithful fellow, Brett by name. I am
+   now giving you the facts as I in my conscience and soul believe they
+   occurred--and as millions of my countrymen--aye, and thousands of
+   Englishmen, too--solemnly believe them to have occurred, though they
+   differ in one item widely from the crown version. Brett refused to
+   give up the key of the van, which he held; and the attacking party
+   commenced various endeavours to break it open. At length one of them
+   called out to fire a pistol into the lock, and thus burst it open.
+   The unfortunate Brett at that moment was looking through the keyhole,
+   endeavouring to get a view of the inexplicable scene outside, when he
+   received the bullet and fell dead. Gentlemen, that may be the true,
+   or it may be the mistaken version. You may hold to the other, or you
+   may hold to this. But whether I be mistaken therein, or otherwise, I
+   say here, as I would say if I stood now before my Eternal Judge on
+   the Last Day, I solemnly believe the mournful episode to have
+   happened thus--I solemnly believe that the man Brett was shot by
+   accident, and not by design. But even suppose your view differs
+   sincerely from mine, will you, can you, hold that I, thus
+   conscientiously persuaded, sympathise with murder, because I
+   sympathise with men hanged for that which I contend was accident, and
+   not murder? That is exactly the issue in this case. Well, the rescued
+   Fenian leaders got away; and then, when all was over--when the danger
+   was passed--valour tremendous returned to the fleet of foot
+   Manchester police. Oh, but they wreaked their vengeance that night
+   on the houses of the poor Irish in Manchester! By a savage razzia
+   they soon filled the jails with our poor countrymen seized on
+   suspicion. And then broke forth all over England that shout of anger
+   and passion which none of us will ever forget. The national pride had
+   been sorely wounded; the national power had been openly and
+   humiliatingly defied; the national fury was aroused. On all sides
+   resounded the hoarse shout for vengeance, swift and strong. Then was
+   seen a sight the most shameful of its kind that this century has
+   exhibited--a sight at thought of which Englishmen yet will hang their
+   heads for shame, and which the English historian will chronicle with
+   reddened check--those poor and humble Irish youths led into the
+   Manchester dock in chains! In chains! Yes; iron fetters festering
+   wrist and ankle! Oh, gentlemen, it was a fearful sight; for no one
+   can pretend that in the heart of powerful England there could be
+   danger those poor Irish youths would overcome the authorities and
+   capture Manchester. For what, then, were those chains put on untried
+   prisoners? Gentlemen, it was at this point exactly that Irish
+   sympathy came to the side of those prisoners. It was when we saw them
+   thus used, and saw that, innocent or guilty, they would be
+   immolated--sacrificed to glut the passion of the hour--that our
+   feelings rose high and strong in their behalf. Even in England there
+   were men--noble-hearted Englishmen, for England is never without such
+   men--who saw that if tried in the midst of this national frenzy,
+   those victims would be sacrificed; and accordingly efforts were made
+   for a postponement of the trial. But the roar of passion carried its
+   way. Not even till the ordinary assizes would the trial be postponed.
+   A special commission was sped to do the work while Manchester jurors
+   were in a white heat of panic, indignation, and fury. Then came the
+   trial, which was just what might be expected. Witnesses swore ahead
+   without compunction, and jurors believed them without hesitation.
+   Five men arraigned together as principals--Allen, Larkin, O'Brien,
+   Shore, and Maguire--were found guilty, and the judge concerning in
+   the verdict, were sentenced to death. Five men--not three men,
+   gentlemen--five men in the one verdict, not five separate verdicts.
+   Five men by the same evidence and the same jury in the same verdict.
+   Was that a just verdict? The case of the crown here to-day is that it
+   was--that it is "sedition" to impeach that verdict. A copy of that
+   conviction is handed in here as evidence to convict me of sedition
+   for charging as I do that that was a wrong verdict, a bad verdict, a
+   rotten and a false verdict. But what is the fact? That her Majesty's
+   ministers themselves admit and proclaim that it was a wrong verdict,
+   a false verdict. The very evening those men were sentenced, thirty
+   newspaper reporters sent up to the Home Secretary a petition
+   protesting that--the evidence of the witnesses and the verdict of the
+   jury notwithstanding--there was at least one innocent man thus marked
+   for execution. The government felt that the reporters were right and
+   the jurors wrong. They pardoned Maguire as an innocent man--that
+   same Maguire whose legal conviction is here put in as evidence that
+   he and four others were truly murderers, to sympathise with whom is
+   to commit sedition--nay, "to glorify the cause of murder." Well,
+   after that, our minds were easy. We considered it out of the question
+   any man would be hanged on a verdict thus ruined, blasted, and
+   abandoned; and believing those men innocent of murder, though guilty
+   of another most serious legal crime--rescue with violence, and
+   incidental, though not intentional loss of life--we rejoiced that a
+   terrible mistake was, as we thought, averted. But now arose in
+   redoubled fury the savage cry for blood. In vain good men, noble and
+   humane men, in England tried to save the national honour by breasting
+   this horrible outburst of passion. They were overborne. Petitioners
+   for mercy were mobbed and hooted in the streets. We saw all this--we
+   saw all this; and think you it did not sink into our hearts? Fancy if
+   you can our feelings when we heard that yet another man out of five
+   was respited--ah, he was an American, gentlemen--an American, not an
+   Irishman--but that the three Irishmen, Allen, Larkin, and O'Brien,
+   were to die--were to be put to death on a verdict and on evidence
+   that would not hang a dog in England! We refused to the last to
+   credit it; and thus incredulous, deemed it idle to make any effort to
+   save their lives. But it was true; it was deadly true. And then,
+   gentlemen, the doomed three appeared in a new character. Then they
+   rose into the dignity and heroism of martyrs. The manner in which
+   they bore themselves through the dreadful ordeal ennobled them for
+   ever It was then we all learned to love and revere them as patriots
+   and Christians. Oh, gentlemen, it is only at this point I feel my
+   difficulty in addressing you whose religious faith is not that which
+   is mine. For it is only Catholics who can understand the emotions
+   aroused in Catholic hearts by conduct such as theirs in that dreadful
+   hour. Catholics alone can understand how the last solemn declarations
+   of such men, after receiving the last sacraments of the Church, and
+   about to meet their Great Judge face to face, can outweigh the
+   reckless evidence of Manchester thieves and pickpockets. Yes; in that
+   hour they told us they were innocent, but were ready to die; and we
+   believed them. We believe them still. Aye, do we! They did not go to
+   meet their God with a falsehood on their lips. On that night before
+   their execution, oh, what a scene! What a picture did England present
+   at the foot of the Manchester scaffold! The brutal populace thronged
+   thither in tens of thousands. They danced; they sang; they
+   blasphemed; they chorused "Rule Britannia," and "God save the Queen,"
+   by way of taunt and defiance of the men whose death agonies they had
+   come to see! Their shouts and brutal cries disturbed the doomed
+   victims inside the prison as in their cells they prepared in prayer
+   and meditation to meet their Creator and their God. Twice the police
+   had to remove the crowd from around that wing of the prison; so that
+   our poor brothers might in peace go through their last preparations
+   for eternity, undisturbed by the yells of the multitude outside. Oh,
+   gentlemen, gentlemen--that scene! That scene in the grey cold
+   morning when those innocent men were led out to die--to die an
+   ignominious death before that wolfish mob! With blood on fire--with
+   bursting hearts--we read the dreadful story here in Ireland. We knew
+   that these men would never have been thus sacrificed had not their
+   offence been political, and had it not been that in their own way
+   they represented the old struggle of the Irish race. We felt that if
+   time had but been permitted for English passion to cool down, English
+   good feeling and right justice would have prevailed; and they never
+   would have been put to death on such a verdict. All this we felt, yet
+   we were silent till we heard the press that had hounded those men to
+   death falsely declaring that our silence was acquiescence in the deed
+   that consigned them to murderers' graves. Of this I have personal
+   knowledge, that, here in Dublin at least, nothing was done or
+   intended, until the _Evening Mail_ declared that popular feeling
+   which had had ample time to declare itself, if it felt otherwise,
+   quite recognised the justice of the execution. Then we resolved to
+   make answer. Then Ireland made answer. For what monarch, the loftiest
+   in the world, would such demonstrations be made, the voluntary
+   offerings of a people's grief! Think you it was "sympathy for murder"
+   called us forth, or caused the priests of the Catholic Church to
+   drape their churches? It is a libel to utter the base charge. No, no.
+   With the acts of those men at that rescue we had nought to say. Of
+   their innocence of murder we were convinced. Their patriotic
+   feelings, their religious devotion, we saw proved in the noble, the
+   edifying manner of their death. We believed them to have been
+   unjustly sacrificed in a moment of national passion; and we resolved
+   to rescue their memory from the foul stains of their maligners, and
+   make it a proud one for ever with Irishmen. Sympathy with murder,
+   indeed! What I am about to say will be believed; for I think I have
+   shown no fear of consequences in standing by my acts and
+   principles--I say for myself, and for the priests and people of
+   Ireland, who are affected by this case, that sooner would we burn our
+   right hands to cinders than express, directly or indirectly, sympathy
+   with murder; and that our sympathy for Allen, Larkin, and O'Brien is
+   based upon the conviction that they were innocent of any such crime.
+   Gentlemen, having regard to all the circumstances of this sad
+   business, having regard to the feelings under which we acted, think
+   you is it a true charge that we had for our intent and object the
+   bringing of the administration of justice into contempt? Does a man,
+   by protesting, ever so vehemently, against an act of a not infallible
+   tribunal, incur the charge of attempting its overthrow? What evidence
+   can be shown to you that we uttered a word against the general
+   character of the administration of justice in this country, while
+   denouncing this particular proceeding, which we say was a fearful
+   failure of justice--a horrible blunder, a terrible act of passion!
+   None--none. I say, for myself, I sincerely believe that in this
+   country of ours justice is administered by the judges of the Irish
+   Bench with a purity and impartiality between man and man not to be
+   surpassed in the universal world. Let me not be thought to cast
+   reflection on this court, or the learned judges before whom I now
+   stand, if I except in a certain sense, and on some occasions,
+   political trials between the subject and the crown. Apart from this,
+   I fearlessly say the bench of justice in Ireland fully enjoys and is
+   worthy of respect and homage. I care not from what political party
+   its members be drawn, I say that, with hardly an exception, when
+   robed with the ermine, they become dead to the world of politics, and
+   sink the politician in the loftier character of representative of
+   Sacred Justice. Yet, gentlemen, holding those views, I would,
+   nevertheless, protest against and denounce such a trial as that in
+   Manchester, if it had taken place here in Ireland. For, what we
+   contend is that the men in Manchester would never have been found
+   guilty on such evidence, would never have been executed on such a
+   verdict, if time had been given to let panic and passion pass
+   away--time to let English good sense and calm reason and, sense of
+   justice have sway. Now, gentlemen, judge ye me on this whole case;
+   for I have done. I have spoken at great length, but I plead not
+   merely my own cause but the cause of my country. For myself I care
+   little. I stand before you here with the manacles, I might say, on my
+   hands. Already a prison cell awaits me in Kilmainham. My doom, in any
+   event, is sealed. Already a conviction has been obtained against me
+   for my opinions on this same event; for it is not one arrow alone
+   that has been shot from the crown office quiver at me--at my
+   reputation, my property, my liberty. In a few hours more my voice
+   will be silenced; but before the world is shut out from me for a
+   term, I appeal to your verdict--to the verdict of my
+   fellow-citizens--of my fellow-countrymen--to judge my life, my
+   conduct, my acts, my principles and say am I a criminal. Sedition, in
+   a rightly ordered community, is indeed a crime. But who is it that
+   challenges me? Who is it that demands my loyalty? Who is it that
+   calls out to me, "Oh, ingrate son, where is the filial affection, the
+   respect, the obedience, the support, that is my due? Unnatural,
+   seditious, and rebellious child, a dungeon shall punish your crime!"
+   I look in the face of my accuser, who thus holds me to the duty of a
+   son. I turn to see if there I can recognise the features of that
+   mother, whom indeed I love, my own dear Ireland. I look into that
+   accusing face, and there I see a scowl, and not a smile. I miss the
+   soft, fond voice, the tender clasp, the loving word. I look upon the
+   hands reached out to grasp me--to punish me; and lo, great stains,
+   blood red, upon those hands; and my sad heart tells me it is the
+   blood of my widowed mother, Ireland. Then I answer to my
+   accuser--"You have no claim on me--on my love, my duty, my
+   allegiance. You are not my mother. You sit indeed in the place where
+   she should reign. You wear the regal garments torn from her limbs,
+   while she now sits in the dust, uncrowned and overthrown, and
+   bleeding, from many a wound. But my heart is with her still. Her
+   claim alone is recognised by me. She still commands my love, my duty,
+   my allegiance; and whatever the penalty may be, be it prison chains,
+   be it exile or death, to her I will be true" (applause). But,
+   gentlemen of the jury, what is that Irish nation to which my
+   allegiance turns? Do I thereby mean a party, or a class, or creed? Do
+   I mean only those who think and feel as I do on public questions? Oh,
+   no. It is the whole people of this land--the nobles, the peasants,
+   the clergy the merchants, the gentry, the traders, the
+   professions--the Catholic, the Protestant, the Dissenter. Yes. I am
+   loyal to all that a good and patriotic citizen should be loyal to; I
+   am ready, not merely to obey, but to support with heartfelt
+   allegiance, the constitution of my own country--the Queen as Queen of
+   Ireland, and the free parliament of Ireland once more reconstituted
+   in our national senate-house in College--green. And reconstituted
+   once more it will be. In that hour the laws will again be reconciled
+   with national feeling and popular reverence. In that hour there will
+   be no more disesteem, or hatred, or contempt for the laws: for,
+   howsoever a people may dislike and resent laws imposed upon them
+   against their will by a subjugating power, no nation disesteems the
+   laws of its own making. That day, that blessed day, of peace and
+   reconciliation, and joy, and liberty, I hope to see. And when it
+   comes, as come it will, in that hour it will be remembered for me
+   that I stood here to face the trying ordeal, ready to suffer for my
+   country--walking with bared feet over red hot ploughshares like the
+   victims of old. Yes; in that day it will be remembered for me, though
+   a prison awaits me now, that I was one of those journalists of the
+   people who, through constant sacrifice and self-immolation, fought
+   the battle of the people, and won every vestige of liberty remaining
+   in the land. (As Mr. Sullivan resumed his seat, the entire audience
+   burst into applause, again and again renewed, despite all efforts at
+   repression.)
+
+The effect of this speech certainly was very considerable. Mr. Sullivan
+spoke for upwards of two hours and forty minutes, or until nearly a
+quarter past six o'clock. During the delivery of his address, twilight
+had succeeded day-light; the court attendants, later still, with silent
+steps and taper in hand, stole around and lit the chandeliers, whose
+glare upon the thousand anxious faces below, seemed to lend a still more
+impressive aspect to the scene. The painful idea of the speaker's peril,
+which was all-apparent at first amongst the densely-packed audience,
+seemed to fade away by degrees, giving place to a feeling of triumph, as
+they listened to the historical narrative of British misrule in Ireland,
+by which Irish "disesteem" for British law was explained and justified,
+and later on to the story of the Manchester tragedy by which Irish
+sympathy with the martyrs was completely vindicated. Again and again in
+the course of the speech, they burst into applause, regardless of
+threatened penalties; and at the close gave vent to their feelings in a
+manner that for a time defied all repression.
+
+When silence was restored, the court was formally adjourned to next day,
+Friday, at 10 o'clock, a.m.
+
+The morning came, and with it another throng; for it was known Mr.
+Martin would now speak in his turn. In order, however, that his speech,
+which was sure to be an important one, might close the case against the
+crown, Mr. Bracken, on the court resuming, put in _his_ defence very
+effectively as follows:--
+
+   My lords--I would say a word or two, but after Mr. Sullivan's grand
+   and noble speech of last evening, I think it now needless on my part.
+   I went to the procession of the 8th December, assured that it was
+   right from reading a speech of the Earl of Derby in the newspapers.
+   There was a sitting of the Privy Council in Dublin on the day before,
+   and I sat in my shop that night till twelve o'clock, to see if the
+   procession would be forbidden by government. They, however, permitted
+   it to take place, and I attended it fully believing I was right. That
+   is all I have to say.
+
+This short speech--delivered in a clear musical and manly voice--put the
+whole case against the crown in a nut-shell. The appearance of the
+speaker too--a fine, handsome, robust, and well-built man, in the prime
+of life, with the unmistakable stamp of honest sincerity on his
+countenance and in his eye--gave his words greater effect with the
+audience; and it was very audibly murmured on all sides that he had
+given the government a home thrust in his brief but telling speech.
+
+Then Mr. Martin rose. After leaving court the previous evening he had
+decided to commit to writing what he intended to say; and he now read
+from manuscript his address to the jury. The speech, however, lost
+nothing in effect by this; for any auditor out of view would have
+believed it to have been spoken, as he usually speaks, _extempore_, so
+admirably was it delivered. Mr. Martin said:--
+
+   My lords and gentlemen of the jury--I am going to trouble this court
+   with some reply to the charge made against me in this indictment.
+   But I am sorry that I must begin by protesting that I do not consider
+   myself as being now put upon my country to be tried as the
+   constitution directs--as the spirit of the constitution
+   requires--and, therefore, I do not address you for my legal defence,
+   but for my vindication before the tribunal of conscience--a far more
+   awful tribunal, to my mind, than this. Gentlemen, I regard you as
+   twelve of my fellow-countrymen, known or believed by my prosecutors
+   to be my political opponents, and selected for that reason for the
+   purpose of obtaining a conviction against me in form of law.
+   Gentlemen, I have not the smallest purpose of casting an imputation
+   against your honesty or the honesty of my prosecutors who have
+   selected you. This is a political trial, and in this country
+   political trials are always conducted in this way. It is considered
+   by the crown prosecutors to be their duty to exclude from the
+   jury-box every juror known, or suspected, to hold or agree with the
+   accused in political sentiment. Now, gentlemen, I have not the least
+   objection to see men of the most opposite political sentiments to
+   mine placed in the jury-box to try me, provided they be placed there
+   as the constitution commands--provided they are twelve of my
+   neighbours indifferently chosen. As a loyal citizen I am willing and
+   desirous to be put upon my county, and fairly tried before any twelve
+   of my countrymen, no matter what may happen to be the political
+   sentiments of any of them. But I am sorry and indignant that this is
+   not such a trial. This system by which over and over again loyal
+   subjects of the Queen in Ireland are condemned in form of law for
+   seeking, by such means as the constitution warrants, to restore her
+   Majesty's kingdom of Ireland to the enjoyment of its national
+   rights--this system, of selecting anti-Repealers and excluding
+   Repealers from the jury box, when a Repealer like me is to be tried,
+   is calculated to bring the administration of justice into disesteem,
+   disrepute, and hatred. I here protest against it. My lords and
+   gentlemen of the jury, before I offer any reply to the charges in
+   this indictment, and the further development of those charges made
+   yesterday by the learned gentleman whose official duty it was to
+   argue the government's case against me, I wish to apologise to the
+   court for declining to avail myself of the professional assistance of
+   the bar upon this occasion. It is not through any want of respect for
+   the noble profession of the bar that I decline that assistance. I
+   regard the duties of a lawyer as among the most respectable that a
+   citizen can undertake. His education has taught him to investigate
+   the origin, and to understand principles of law, and the true nature
+   of loyalty. He has had to consider how the interests of individual
+   citizens may harmonise with the interests of the community, how
+   justice and liberty may be united, how the state may have both order
+   and contentment. The application of the knowledge which he has
+   gained--viz., the study of law to the daily facts of human
+   society--sharpens and strengthens all his faculties, clears his
+   judgment, helps him to distinguish true from false, and right from
+   wrong. It is no wonder, gentlemen, that an accomplished and virtuous
+   lawyer holds a high place in the aristocracy of merit in every free
+   country. Like all things human, the legal profession has its dark as
+   well as its bright side, has in it germs of decay and rotten foulness
+   as well as of health and beauty; but yet it is a noble profession,
+   and one which I admire and respect. But, above all, I would desire to
+   respect the bar of my own country, and the Irish bar--the bar made
+   illustrious by such memories as those of Grattan and Flood, and the
+   Emmets, and Curran, and Plunket, and Saurin, and Holmes, and Sheil,
+   and O'Connell. I may add, too, of Burke and of Sheridan, for they
+   were Irish in all that made them great. The bar of Ireland wants this
+   day only the ennobling inspirations of national freedom to raise it
+   to a level with the world. Under the Union very few lawyers have been
+   produced whose names can rank in history with any of the great names
+   I have mentioned. But still, even the present times of decay, and
+   when the Union is preparing to carry away our superior courts, and
+   the remains of our bar to Westminster, and to turn that beautiful
+   building upon the quay into a barrack like the Linen Hall, or an
+   English tax-gatherer's office like the Custom House, there are many
+   learned, accomplished, and respectable lawyers at the Irish bar, and
+   far be it from me to doubt but that any Irish lawyer who might
+   undertake my defence would loyally exert himself as the lofty idea of
+   professional honour commands to save me from a conviction. But to
+   this attack upon my character as a good citizen and upon my liberty,
+   my lords and gentlemen, the only defence I could permit to be offered
+   would be a full justification of my political conduct, morally,
+   constitutionally, legally--a complete vindication of my acts and
+   words alleged to be seditious and disloyal, and to retort against my
+   accusers the charge of sedition and disloyalty. Not, indeed, that I
+   would desire to prosecute these gentlemen upon that charge, if I
+   could count upon convicting them and send them to the dungeon instead
+   of myself. I don't desire to silence them, or to hurt a hair of their
+   wigs because their political opinions differed from mine. Gentlemen,
+   this prosecution against me, like the prosecutions just accomplished
+   against two national newspapers, is part of a scheme of the ministers
+   of the crown for suppressing all voice of protest against the Union,
+   for suppressing all public complaint against the deadly results of
+   the Union, and all advocacy by act, speech, or writing for Repeal of
+   the Union. Now I am a Repealer so long as I have been a politician at
+   all--that is for at least twenty-four years past. Until the national
+   self-government of my country be first restored, there appears to me
+   to be no place, no _locus standi_ (as lawyers say), for any other
+   Irish political question, and I consider it to be my duty as a
+   patriotic and loyal citizen, to endeavour by all honourable and
+   prudent means to procure the Repeal of the Act of the Union, and the
+   restoration of the independent Irish government, of which my country
+   was (as I have said in my prosecuted speech), "by fraud and force,"
+   and against the will of the vast majority of its people of every
+   race, creed, and class, though under false form of law, deprived
+   sixty-seven years ago. Certainly, I do not dispute the right of you,
+   gentlemen, or of any man in this court, or in all Ireland, to
+   approve of the Union, to praise it, if you think right, as being wise
+   and beneficent, and to advocate its continuance openly by act,
+   speech, and writing. But I naturally think that my convictions in
+   this matter of the Union ought to be shared by you also, gentlemen,
+   and by the learned judges, and the lawyers, both crown lawyers and
+   all others, and by the policemen and soldiers, and all faithful
+   subjects of her Majesty in Ireland. Now, gentlemen, such being my
+   convictions, were I to entrust my defence in this court to a lawyer,
+   he must speak as a Repealer, not only for me, but for himself, not
+   only as a professional advocate, but as a man, and from the heart. I
+   cannot doubt but that there are very many Irish lawyers who privately
+   share my convictions about Repeal. Believing as I do in my heart and
+   conscience, and with all the force of the mind that God has given me,
+   that Repeal is the right and the only right policy for Ireland--for
+   healing all the wounds of our community, all our sectarian feuds, all
+   our national shame, suffering, and peril--for making our country
+   peaceful, industrious, prosperous, respectable, and happy--I cannot
+   doubt but that in the enlightened profession of the bar there must be
+   very many Irishmen who, like me, consider Repeal to be right, and
+   best, and necessary for the public good. But, gentlemen, ever since
+   the Union, by fraud and force and against the will of the Irish
+   people, was enacted--ever since that act of usurpation by the English
+   parliament of the sovereign rights of the queen, lords, and commons
+   of Ireland--ever since this country was thereby rendered the subject
+   instead of the sister of England--ever since the Union, but
+   especially for about twenty years past, it has been the policy of
+   those who got possession of the sovereign rights of the Irish crown
+   to appoint to all places of public trust, emolument, or honour in
+   Ireland only such as would submit, whether by parole or by tacit
+   understanding, to suppress all public utterance of their desire for
+   the Repeal of the Union such as has been the persistent policy
+   towards this country of those who command all the patronage of Irish
+   offices, paid and unpaid--the policy of all English ministers,
+   whether Whig or Tory, combined with the disposal of the public
+   forces--such a policy is naturally very effective in not really
+   reconciling, but in keeping Ireland quietly subject to the Union. It
+   is a hard trial of men's patriotism to be debarred from all career of
+   profitable and honourable distinction in the public service of their
+   own country. I do not wonder that few Irish lawyers, in presence of
+   the mighty power of England, dare to sacrifice personal ambition and
+   interest to what may seem a vain protest against accomplished facts.
+   I do not wish to attack or offend them--as this court expresses it,
+   to impute improper motives to them--by thus simply stating the sad
+   facts which are relevant to my own case in this prosecution, and
+   explaining that I decline professional assistance, because few
+   lawyers would be so rash as to adopt my political convictions, and
+   vindicate my political conduct as their own, and because if any
+   lawyer were so bold as to offer me his aid on my own terms, I am too
+   generous to permit him to ruin his professional career for my sake.
+   Such are the reasons, gentlemen of the jury and my lords, why I am
+   now going through this trial, not _secundum artum_, but like an
+   eccentric patient who won't be treated by the doctors but will quack
+   himself. Perhaps I would be safer if I did not say a word about the
+   legal character of the charge made against me in this indictment.
+   There are legal matters as dangerous to handle as any drugs in the
+   pharmacopoeia. Yet I shall trouble you for a short time longer, while
+   I endeavour to show that I have not acted in a way unbecoming a good
+   citizen. The charge against me in this indictment is that I took part
+   in an illegal procession by the provisions of the statute entitled in
+   the Party Processions' Act. His lordship enumerated seven conditions,
+   the violation of some one of which is necessary to render an assembly
+   illegal at common law. Those seven conditions are--1. That the
+   persons forming the assembly met to carry out an unlawful purpose. 2.
+   That the numbers in which the persons met endangered the public
+   peace. 3. That the assembly caused alarm to the peaceful subjects of
+   the Queen. 4. That the assembly created disaffection. 5. That the
+   assembly incited her Majesty's Irish subjects to hate her Majesty's
+   English subjects--his lordship did not say anything of the case of an
+   assembly inciting the Queen's English subjects to hate the Queen's
+   Irish subjects, but no such case is likely to be tried here. 6. That
+   the assembly intended to asperse the right and constitutional
+   administration of justice; and 7. That the assembly intended to
+   impair the functions of justice and to bring the administration of
+   justice into disrepute. I say that the procession of the 8th December
+   did not violate any one of these conditions--1. In the first place
+   the persons forming that procession did not meet to carry out any
+   unlawful purpose--their purpose was peaceably to express their
+   opinion upon a public act of the public servants of the crown. 2. In
+   the second place the numbers in which those persons met did not
+   endanger the public peace. None of those persons carried arms.
+   Thousands of those persons were women and children. There was no
+   injury or offence attempted to be committed against anybody, and no
+   disturbance of the peace took place. 3. In the third place the
+   assembly caused no alarm to the peaceable subjects of the
+   Queen--there is not a tittle of evidence to that effect. 4. In the
+   fourth place the assembly did not create disaffection, neither was it
+   intended or calculated to create disaffection. On the contrary, the
+   assembly served to give peaceful expression to the opinion
+   entertained by vast numbers of her Majesty's peaceful subjects upon a
+   public act of the servants of the crown, an act which vast numbers of
+   the Queen's subjects regretted and condemned. And thus the assembly
+   was calculated to prevent or remove disaffection, and such open and
+   peaceful manifestations of the real opinions of the Queen's subjects
+   upon public affairs is the proper, safe, and constitutional way in
+   which they may aid to prevent disaffection. 5. In the fifth place the
+   assembly did not incite the Irish subjects of the Queen to hate her
+   Majesty's subjects. On the contrary, it was a proper constitutional
+   way of bringing about a right understanding upon a transaction which,
+   if not fairly and fully explained and set right, must produce hatred
+   between the two peoples. That transaction was calculated to produce
+   hatred. But those who protest peaceably against such a transaction
+   are not the party to be blamed, but those responsible for the
+   transaction. 6. In the sixth place the assembly had no purpose of
+   aspersing the right and constitutional administration of justice. Its
+   tendency was peaceably to point out faults in the conduct of the
+   servants of the crown, charged with the administration of justice,
+   which faults were calculated to bring the administration of justice
+   into disrepute. 7. Nor, in the seventh place, did the assembly impair
+   the functions of justice, or intend or tend to do so. Even my
+   prosecutors do not allege that judicial tribunals are infallible. It
+   would be too absurd to make such an allegation in plain words. It is
+   admitted on all hands that judges have sometimes given wrong
+   directions, that juries have given wrong verdicts, that courts of
+   justice have wrongfully appreciated the whole matter for trial. When
+   millions of the Queen's subjects think that such wrong has been done,
+   is it sedition for them to say so peaceably and publicly? On the
+   contrary, the constitutional way for good citizens to act in striving
+   to keep the administration of justice pure and above suspicion of
+   unfairness, is by such open and peaceable protests. Thus, and thus
+   only, may the functions of justice be saved from being impaired. In
+   this case wrong had been done. Five men had been tried together upon
+   the same evidence, and convicted together upon that evidence, and
+   while one of the five was acknowledged by the crown to be innocent,
+   and the whole conviction was thus acknowledged to be wrong and
+   invalid, three of the five men were hanged upon that conviction. My
+   friend, Mr. Sullivan, in his eloquent and unanswerable speech of
+   yesterday, has so clearly demonstrated the facts of that unhappy and
+   disgraceful affair of Manchester, that I shall merely say of it that
+   I adopt every word he spoke upon the subject for mine, and to justify
+   the sentiment and purpose with which I engaged in the procession of
+   the 8th December. I say the persons responsible for that transanction
+   are fairly liable to the charge of acting so as to bring the
+   administration of justice into contempt, unless, gentlemen, you hold
+   those persons to be infallible and hold that thay can do no wrong.
+   But, gentlemen, the constitution does not say that the servants of
+   the crown can do no wrong. According to the constitution the
+   sovereign can do no wrong, but her servants may. In this case they
+   have done wrong. And, gentlemen, you cannot right that wrong, nor
+   save the administration of justice from the disreputation into which
+   such proceedings are calculated to bring it, by giving a verdict to
+   put my comrades and myself into jail for saying openly and peaceably
+   that we believe the administration of justice in that unhappy affair
+   did do wrong. But further, gentlemen, let us suppose that you twelve
+   jurors, as well as the servants of the crown who are prosecuting me,
+   and the two judges, consider me to be mistaken in my opinion upon
+   that judicial proceeding, yet you have no right under the
+   constitution to convict me of a misdemeanour for openly and peaceably
+   expressing my opinion. You have no such right; and as to the wisdom
+   of treating my differences of opinion and the peaceable expression of
+   it as a penal offence--and the wisdom of a political act ought to be
+   a serious question with all good and loyal citizens--consider that
+   the opinion you are invited by the crown prosecutors to pronounce to
+   be a penal offence is not mine alone, nor that of the five men herein
+   indicted, but is the opinion of all the 30,000 persons estimated by
+   the crown evidence to have taken part in the assembly of the 8th of
+   December; is the opinion besides of the 90,000 or 100,000 others who,
+   standing in the streets of this city, or at the open windows
+   overlooking the streets traversed by the procession that day,
+   manifested their sympathy with the objects of the procession; is the
+   opinion, as you are morally certain, of some millions of your Irish
+   fellow-subjects. By indicting me for the expression of that opinion
+   the public prosecutors virtually indict some millions of the Queen's
+   peaceable Irish subjects. It is only the convenience of this
+   court--which could not hold the millions in one batch of traversers,
+   and which would require daily sittings for several successive years
+   to go through the proper formalities for duly trying all those
+   millions; it is only the convenience of this court that can be
+   pretended to relieve the crown prosecutors from the duty of trying
+   and convicting all those millions if it is their duty to try and
+   convict me. The right principles of law do not allow the servants of
+   the crown to evade or neglect their duty of bringing to justice all
+   offenders against the law. I suppose these gentlemen may allege that
+   it is at their discretion what offenders against the law they will
+   prosecute. I deny that the principles of the law allow them, or allow
+   the Queen such discretion. The Queen, at her coronation services,
+   swears to do justice to all her subjects according to the law. The
+   Queen, certainly, has the right by the constitution to pardon any
+   offenders against the law. She has the prerogative of mercy. But
+   there can be no pardon, no mercy, till after an offence be proved in
+   due course of law by accusation of the alleged offenders before the
+   proper tribunals, followed by the plea of guilty or the jurors'
+   verdict of guilty. And to select one man or six men for trial,
+   condemnation, and punishment, out of, say, four millions who have
+   really participated in the same alleged wicked, malicious, seditious,
+   evil-disposed, and unlawful proceeding, is unfair to the six men, and
+   unfair to the other 3,999,994 men--is a dereliction of duty on the
+   part of the officers of the law, and is calculated to bring the
+   administration of justice into disrepute. Equal justice is what the
+   constitution demands. Under military authority an army may be
+   decimated, and a few men may properly be punished, while the rest are
+   left unpunished. But under a free constitution it is not so. Whoever
+   breaks the law must be made amenable to punishment, or equal justice
+   is not rendered to the subjects of the Queen. Is it not pertinent,
+   therefore, gentlemen, for me to say to you this is an unwise
+   proceeding which my prosecutors bid you to sanction by a verdict? I
+   have heard it asked by a lawyer addressing this court as a question
+   that must be answered in the negative--can you indict a whole nation?
+   If such a proceeding as this prosecution against the peaceable
+   procession of the 8th December receives the sanction of your verdict,
+   that question must be answered in the affirmative. It will need only
+   a crown prosecutor, an attorney-general, and a solicitor-general, two
+   judges, and twelve jurors, all of the one mind, while all the other
+   subjects of the Queen in Ireland are of a different mind, and the
+   five millions and a half of the Queen's subjects of Ireland outside
+   that circle of seventeen of her Majesty's subjects, may be indicted,
+   convicted, and consigned to penal imprisonment in due form of law--a
+   law as understood in political trials in Ireland. Gentlemen, I have
+   thus far endeavoured to argue from the common sense of mankind, with
+   which the principles of law must be in accord, that the peaceable
+   procession of the 8th of December--that peaceable demonstration of
+   the sentiment of millions of the Queen's subjects in Ireland--did not
+   violate any of the seven conditions of the learned judge to the grand
+   jury in defining what constitutes an illegal assembly at common law;
+   and I have also argued that the prosecution is unwise, and calculated
+   to excite discontent. Gentlemen, I shall now endeavour to show you
+   that the procession of the 8th of December did not violate the
+   statute entitled the Party Processions' Act. The learned judge in his
+   charge told the grand jury that under this act all processions are
+   illegal which carry weapons of offence, or which carry symbols
+   calculated to promote the animosity of some other class of her
+   Majesty's subjects. Applying the law to this case, his lordship
+   remarked that the processions of the 8th of December had something of
+   military array--that is, they went in regular order with a regular
+   step. But, gentlemen, there were no arms in that procession, there
+   were no symbols in that procession intended or calculated to provoke
+   animosity in any other class of the Queen's subjects, or in any human
+   creature. There were neither symbol, nor deed, or word intended to
+   provoke animosity, and as to the military array--is it not absurd to
+   attribute a warlike character to an unarmed and perfectly peaceful
+   assemblage, in which there were some thousands of women and children?
+   No offence was given or offered any human being. The authorities were
+   so assured of the peacefulness and inoffensiveness of the assemblage
+   that the police were withdrawn in a great measure from their ordinary
+   duties of preventing disorders. And as to the remark that the people
+   walked with a regular step, I need only say that was done for the
+   sake of order and decorum. It would be merely to doubt whether you
+   are men of common sense if I argued any further to satisfy you that
+   the procession did not violate the Party Processions' Act, such as it
+   is defined by the learned judge. The speech delivered on that
+   occasion is an important element in forming a judgment upon the
+   character and object of the procession. The speech declared the
+   procession to be a peaceable expression of the opinion of those who
+   composed it upon an important public transaction, an expression of
+   sorrow and indignation at an act of the ministers of the government.
+   It was a protest against that act--a protest which those who
+   disapproved of it were entitled by the constitution to make, and
+   which they made, peaceably and legitimately. Has not every individual
+   of the millions of the Queen's subjects the right to say so say
+   openly whether he approves or disapproves of any public act of the
+   Queen's ministers? Has not all the Queen's subjects the right to say
+   altogether if they can without disturbance of the Queen's peace? The
+   procession enabled many thousands to do that without the least
+   inconvenience or danger to themselves, and with no injury or offence
+   to their neighbours. To prohibit or punish peaceful, inoffensive,
+   orderly, and perfectly innocent processions upon pretence that they
+   are constructively unlawful, is unconstitutional tyranny. Was it done
+   because the ministers discovered that the terror of suspended habeas
+   corpus had not in this matter stifled public opinion? Of course, if
+   anything be prohibited by government, the people obey--of course I
+   obey. I would not have held the procession had I not understood that
+   it was permitted. But understanding that it was permitted, and so
+   believing that it might serve the people for a safe and useful
+   expression of their sentiment, I held the procession. I did not hold
+   the procession because I believed it to be illegal, but because I
+   believed it to be legal and understood it to be permitted. In this
+   country it is not law that must rule a loyal citizen's conduct, but
+   the caprice of the English ministers. For myself, I acknowledge that
+   I submit to such a system of government unwillingly, and with
+   constant hope for the restoration of the reign of law, but I do
+   submit. Why at first did the ministers of the crown permit an
+   expression of censure upon that judicial proceeding at Manchester by
+   a procession--why did they not warn her Majesty's subjects against
+   the danger of breaking the law? Was it not because they thought that
+   the terrors of the suspended habeas corpus would be enough to prevent
+   the people from coming openly forward at all to express their real
+   sentiments? Was it because they found that so vehement and so general
+   was the feeling of indignation at that unhappy transaction at
+   Manchester that they did venture to come openly forward--with perfect
+   peacefulness and most careful observance of the peace to express
+   their real sentiments--that the ministry proclaimed down the
+   procession, and now prosecute us in order to stifle public opinion?
+   Gentlemen of the jury, I have said enough to convince any twelve
+   reasonable men that there was nothing in my conduct in the matter of
+   that procession which you can declare on your oaths to be "malicious,
+   seditious, ill-disposed, and intended to disturb the peace and
+   tranquility of the realm." I shall trouble you no further, except by
+   asking you to listen to the summing up of this indictment, and, while
+   you listen to judge between me and the attorney-general. I shall read
+   you my words and his comment. Judge of us, Irish jurors, which of us
+   two are guilty:--"Let us, therefore, conclude this proceeding by
+   joining heartily, with hats off, in the prayer of those three men,
+   'God save Ireland.'" "Thereby," says the attorney-general in his
+   indictment, "meaning, and intending to excite hatred, dislike, and
+   animosity against her Majesty and the government, and bring into
+   contempt the administration of justice and the laws of this realm,
+   and cause strife and hatred between her Majesty's subjects in Ireland
+   and in England, and to excite discontent and disaffection against her
+   Majesty's government." Gentlemen, I have now done.
+
+   Mr. Martin sat down amidst loud and prolonged applause.
+
+This splendid argument, close, searching, irresistible, gave the _coup
+de grace_ to the crown case. The prisoners having called no evidence,
+according to honourable custom having almost the force of law, the
+prosecution was disentitled to any rejoinder. Nevertheless, the crown
+put up its ablest speaker--a man far surpassing in attainments as a
+lawyer and an orator both the Attorney and Solicitor-General--Mr. Ball,
+Q.C., to press against the accused that technical right which honourable
+usage reprehended as unfair! No doubt the crown authorities felt it was
+not a moment in which they could afford to be squeamish or scrupulous.
+The speeches of Mr. Sullivan and Mr. Martin had had a visible effect
+upon the jury--had, in fact, made shreds of the crown case; and so Mr.
+Ball was put up as the last hope of averting the "disaster" of a
+failure. He spoke with his accustomed ability and dignity, and made a
+powerful appeal in behalf of the crown. Then Mr. Justice Fitzgerald
+proceeded to charge the jury, which he did in his own peculiarly calm,
+precise, and perspicuous style. At the outset, referring to the protest
+of the accused against the conduct of the crown in the jury challenges,
+he administered a keen rebuke to the government officials. It was, he
+said, no doubt the strict legal _right_ of the crown to act as it had
+done; yet, considering that this was a case in which the accused was
+accorded no corresponding privilege, the exercise of that right in such
+a manner by the crown certainly was, in his, Mr. Justice Fitzgerald's
+estimation, _a subject for grave objection_.
+
+Here there was what the newspaper reporters call "sensation in court."
+What! Had it come to this, that one of the chief institutions of the
+land--a very pillar of the crown and government--namely, _jury-packing_,
+was to be reflected upon from the bench itself. Monstrous!
+
+The charge, though mild in language, was pretty sharp on the
+"criminality" of such conduct as was _imputed_ to the accused, yet
+certainly left some margin to the jury for the exercise of their opinion
+upon "the law and the facts."
+
+At two o'clock in the afternoon the jury retired to consider their
+verdict, and as the judges at the same moment withdrew to their chamber,
+the pent-up feelings of the crowded audience instantly found vent in
+loud Babel-like expressions and interchange of comments on the charge,
+and conjectures as to the result. "Waiting for the verdict" is a scene
+that has often been described and painted. Everyone of course concluded
+that half-an-hour would in any case elapse before the anxiously watched
+jury-room door would open; but when the clock hands neared three,
+suspense intense and painful became more and more visible in every
+countenance. It seemed to be only now that men fully realized all that
+was at stake, all that was in peril, on this trial! _A conviction in
+this case rendered the national colour of Ireland for ever more an
+illegal and forbidden emblem_! A conviction in this case would degrade
+the symbol of nationality into a badge of faction! To every fevered
+anxious mind at this moment rose the troubled memories of gloomy
+times--the "dark and evil days" chronicled in that popular ballad, the
+music and words of which now seemed to haunt the watchers in the
+court:--
+
+  "Oh, Patrick, dear, and did you hear
+    The news that's going round?
+  The shamrock is by law forbid.
+    To grow on Irish ground.
+  No more St. Patrick's day we'll keep--
+    His colour can't be seen,
+  For there's a bloody law again
+    The Wearing of the Green."
+
+But hark! There is a noise at the jury-room door! It opens--the jury
+enter the box. A murmur, swelling to almost a roar, from the crowded
+audience, is instantly followed by a deathlike stillness. The judges are
+called; but by this time it is noticed that the foreman has not the
+"issue-paper" ready to hand down; and a buzz goes round--"a question; a
+question!" It is even so. The foreman asks:--
+
+   Whether, if they believed the speech of Mr. Martin to be in itself
+   seditious, should they come to the conclusion that the assemblage was
+   seditious?
+
+Mr. Justice Fitzgerald answers _in the negative_, and a thrill goes
+through the audience. Nor is this all. One of the jurors declares there
+is no chance whatever of their agreeing to a verdict! Almost a cheer
+breaks out. The judge, however, declares they must retire again; which
+the jury do, very reluctantly and doggedly; in a word, very unlike men
+likely to "persuade one another."
+
+When the judges again leave the bench for their chamber, the crowd in
+court give way outright to joy. Every face is bright; every heart is
+light; jokes go round, and there is great "chaff" of the crown
+officials, and of the "polis," who, poor fellows, to tell the truth,
+seem to be as glad as the gladdest in the throng. Five o'clock
+arrives--half-past five--the jury must suavely be out soon now. At a
+quarter to six they come; and for an instant the joke is hushed, and
+cheeks suddenly grow pale with fear lest by any chance it might be evil
+news. But the faces of the jurymen tell plainly "no verdict." The judges
+again are seated. The usual questions in such cases: the usual answers.
+"No hope whatever of an agreement." Then after a reference to the
+Solicitor-General, who, in sepulchral tone, "supposes" there is "nothing
+for it" but to discharge the jury, his lordship declares the jury
+discharged.
+
+Like a volley there burst a wild cheer, a shout, that shook the
+building! Again and again it was renewed; and, being caught up by the
+crowd outside, sent the tidings of victory with electrical rapidity
+through the city. Then there was a rush at Mr. Martin and Mr. Sullivan.
+The former especially was clasped, embraced, and borne about by the
+surging throng, wild with joy. It was with considerable difficulty any
+of the traversers could get away, so demonstrative was the multitude in
+the streets. Throughout the city the event was hailed with rejoicing,
+and the names of the jurymen, "good and bad" were vowed to perpetual
+benediction. For once, at least, justice had triumphed; or rather,
+injustice had been baulked. For once, at least, the people had won the
+day; and the British Government had received a signal overthrow in its
+endeavour to proscribe--
+
+"THE WEARING OF THE GREEN."
+
+       *       *       *       *       *
+
+For one of the actors in the above-described memorable scene, the
+victory purchased but a few hours safety. Next morning Mr. A.M. Sullivan
+was placed again at the bar to hear his sentence--that following upon
+the first of the prosecutions hurled against him (the _press_
+prosecution), on which he had been found guilty. Again the court was
+crowded--this time with anxious faces, devoid of hope. It was a brief
+scene. Mr. Justice Fitzgerald announced the sentence--six months in
+Richmond Prison; and amidst a farewell demonstration that compelled the
+business of the court to be temporarily suspended, the officials led
+away in custody the only one of the prosecuted processionists who
+expiated by punishment his sympathy with the fate of the Martyred Three
+of Manchester.
+
+END.
+
+
+
+
+
+
+
+End of Project Gutenberg's The Wearing of the Green, by A.M. Sullivan
+
+*** END OF THE PROJECT GUTENBERG EBOOK 12853 ***
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+<div>*** START OF THE PROJECT GUTENBERG EBOOK 12853 ***</div>
+
+<h1>THE &quot;WEARING OF THE GREEN,&quot;</h1>
+
+<h2><i>OR</i></h2>
+
+<h2>THE PROSECUTED FUNERAL PROCESSION.</h2>
+
+<hr style="width: 45%;" />
+
+<p class='poem'><span>Let the echoes fall unbroken;</span>
+<span class='i2'>Let our tears in silence flow;</span>
+<span>For each word thus nobly spoken,</span>
+<span class='i2'>Let us yield a nation's woe;</span>
+<span>Yet, while weeping, sternly keeping</span>
+<span class='i2'>Wary watch upon the foe.</span>
+</p>
+<p class='poem'>
+<i>Poem in the</i> &quot;NATION.&quot;
+</p>
+
+<h2>DUBLIN:</h2>
+
+<h2>A.M. SULLIVAN, ABBEY STREET.</h2>
+
+<h2>1868.</h2>
+
+
+
+<hr style='width: 65%;' />
+
+<h2>THE PROSECUTED FUNERAL PROCESSION.</h2>
+
+<hr style='width: 45%;' />
+
+<p>The news of the Manchester executions on the morning of Saturday, 23rd
+November, 1867, fell upon Ireland with sudden and dismal disillusion.</p>
+
+<p>In time to come, when the generation now living shall have passed away,
+men will probably find it difficult to fully realize or understand the
+state of stupor and amazement which ensued in this country on the first
+tidings of that event; seeing, as it may be said, that the victims had
+lain for weeks under sentence of death, to be executed on this date. Yet
+surprise indubitably was the first and most overpowering emotion; for,
+in truth, no one up to that hour had really credited that England would
+take the lives of those three men on a verdict already publicly admitted
+and proclaimed to have been a blunder. Now, however, came the news that
+all was over&mdash;that the deed was done&mdash;and soon there was seen such an
+upheaving of national emotion as had not been witnessed in Ireland for a
+century. The public conscience, utterly shocked, revolted against the
+dreadful act perpetrated in the outraged name of justice. A great billow
+of grief rose and surged from end to end of the land. Political
+distinctions disappeared or were forgotten. The Manchester Victims&mdash;the
+Manchester Martyrs, they were already called&mdash;belonged to the Fenian
+organization; a conspiracy which the wisest and truest patriots of
+Ireland had condemned and resisted; yet men who had been prominent in
+withstanding, on national grounds, that hopeless and disastrous
+scheme&mdash;priests and laymen&mdash;were now amongst the foremost and the
+boldest in denouncing at every peril the savage act of vengeance
+perpetrated at Manchester. The Catholic clergy were the first to give
+articulate expression to the national emotion. The executions took place
+on Saturday; before night the telegraph had spread the news through the
+island; and on the next morning, being Sunday, from a thousand altars
+the sad event was announced to the assembled worshippers, and prayers
+were publicly offered for the souls of the victims. When the news was
+announced, a moan of sorrowful surprise burst from the congregation,
+followed by the wailing and sobbing of women; and when the priest, his
+own voice broken with emotion, asked all to join with him in praying the
+Merciful God to grant those young victims a place beside His throne, the
+assemblage with one voice responded, praying and weeping aloud!</p>
+
+<p>The manner in which the national feeling was demonstrated on this
+occasion was one peculiarly characteristic of a nation in which the
+sentiments of religion and patriotism are so closely blended. No stormy
+&quot;indignation meetings&quot; were held; no tumult, no violence, no cries for
+vengeance arose. In all probability&mdash;nay, to a certainty&mdash;all this would
+have happened, and these ebullitions of popular passion would have been
+heard, had the victims not passed into eternity. But now, they were gone
+where prayer alone could follow; and in the presence of this solemn fact
+the religious sentiment overbore all others with the Irish people. Cries
+of anger, imprecations, and threats of vengeance, could not avail the
+dead; but happily religion gave a vent to the pent-up feelings of the
+living. By prayer and mourning they could at once, most fitly and most
+successfully, demonstrate their horror of the guilty deed, and their
+sympathy with the innocent victims.</p>
+
+<p>Requiem Masses forthwith were announced and celebrated in several
+churches; and were attended by crowds everywhere too vast for the sacred
+edifices to contain. The churches in several instances were draped with
+black, and the ceremonies conducted with more than ordinary solemnity.
+In every case, however, the authorities of the Catholic church were
+careful to ensure that the sacred functions were sought and attended for
+spiritual considerations, not used merely for illegitimate political
+purposes; and wherever it was apprehended that the holy rites were in
+danger of such use, the masses were said privately.</p>
+
+<p>And soon public feeling found yet another vent; a mode of manifesting
+itself scarcely less edifying than the Requiem Masses; namely, funeral
+processions. The brutal vengeance of the law consigned the bodies of
+Allen, Larkin, and O'Brien to dishonoured graves; and forbade the
+presence of sympathising friend or sorrowing relative who might drop a
+tear above their mutilated remains. Their countrymen now, however,
+determined that ample atonement should be made to the memory of the dead
+for this denial of the decencies of sepulture. On Sunday, 1st December,
+in Cork. Manchester, Mitchelstown, Middleton, Limerick, and Skibbereen,
+funeral processions, at which thousands of persons attended, were held;
+that in Cork being admittedly the most imposing, not only in point of
+numbers, but in the character of the demonstration and the demeanour of
+the people.</p>
+
+<p>For more than twenty years Cork city has held an advanced position in
+the Irish national struggle. In truth, it has been one of the great
+strongholds of the national cause since 1848. Nowhere else did the
+national spirit keep its hold so tenaciously and so extensively amidst
+the people. In 1848 Cork city contained probably the most formidable
+organization in the country; formidable, not merely in numbers, but in
+the superior intelligence, earnestness, and determination of the men;
+and even in the Fenian conspiracy, it is unquestionable that the
+southern capital contributed to that movement men&mdash;chiefly belonging to
+the mercantile and commercial classes&mdash;who, in personal worth and
+standing, as well as in courage, intelligence, and patriotism, were the
+flower of the organization. Finally, it must be said, that it was Cork
+city by its funeral demonstration of the 1st December, that struck the
+first great blow at the Manchester verdict, and set all Ireland in
+motion. [Footnote: It may be truly said set the Irish race all over the
+world in motion. There is probably no parallel in history for the
+singular circumstance of these funeral processions being held by the
+dispersed Irish in lands remote, apart, as pole from pole&mdash;in the old
+hemisphere and in the new&mdash;in Europe, in America, in Australia;
+prosecutions being set on foot by the English government to punish them
+at both ends of the world&mdash;in Ireland and in New Zealand! In Hokatika
+the Irish settlers&mdash;most patriotic of Ireland's exiles&mdash;organized a
+highly impressive funeral demonstration. The government seized and
+prosecuted its leaders, the Rev. Father Larkin, a Catholic clergyman,
+and Mr. Wm. Manning, editor of the <i>Hokatika Celt</i>. A jury, terrified by
+Fenian panic, brought them in &quot;guilty,&quot; and the patriot priest and
+journalist were consigned to a dungeon for the crime of mourning for the
+dead and protesting against judicial murder.]</p>
+
+<p>Meanwhile the Irish capital had moved, and was organizing a
+demonstration destined to surpass all that had yet been witnessed. Early
+in the second week of December, a committee was formed for the purpose
+of organizing a funeral procession in Dublin, worthy of the national
+metropolis. Dublin would have come forward sooner, but the question of
+the <i>legality</i> of the processions that were announced to come off the
+previous week in Cork and other places, had been the subject of fierce
+discussion in the government press; and the national leaders were
+determined to avoid the slightest infringement of the law or the least
+inroad on the public peace. It was only when, on the 3rd of December,
+Lord Derby, the Prime Minister, replying in the House of Lords to Lord
+Dufferin, declared the opinion of the crown that the projected
+processions were not illegal, that the national party in Dublin decided
+to form a committee and organize a procession. The following were Lord
+Derby's words:&mdash;</p>
+
+<div class='blkquot'><p>&quot;He could assure the noble lord that the government would continue to
+   carry out the law with firmness and impartiality. The Party
+   Processions Act, however, did not meet the case of the funeral
+   processions, the parties engaged in them having, by not displaying
+   banners or other emblems, kept within the law as far as his
+   information went.&quot;</p></div>
+
+<p>Still more strong assurance was contained in the reply of the Irish
+Chief Secretary, Lord Mayo, to a question put by Sir P. O'Brien in the
+House of Commons. Lord Mayo publicly announced and promised that if any
+new opinion as to the legality of the processions should be arrived
+at&mdash;that is, should the crown see in them anything of illegality&mdash;<i>due
+and timely notice would be given</i> by proclamation, so that no one might
+offend through ignorance. Here are his words:&mdash;</p>
+
+<div class='blkquot'><p>&quot;It is the wish of the government to act strictly in accordance with
+   the law; <i>and of course ample notice will be given either by
+   proclamation or otherwise</i>.&quot;</p></div>
+
+<p>The Dublin funeral committee thereupon at once issued the following
+announcement, by placard and advertisement:&mdash;</p>
+
+<div class='blkquot'><h2>GOD SAVE IRELAND!</h2>
+<h2>A PUBLIC FUNERAL PROCESSION</h2>
+
+<h4>In honour of the Irish Patriots</h4>
+<h4>Executed at Manchester, 23rd November,</h4>
+<h4>Will take place in Dublin</h4>
+<h4>On Sunday next, the 8th inst.</h4>
+
+<hr style='width: 45%;' />
+
+<h4>The procession will assemble in Beresford-place, near the Custom</h4>
+<h4>House, and will start from thence at the hour of twelve</h4>
+<h4>o'clock noon.</h4>
+
+<hr style='width: 45%;' />
+
+<h4>No flags, banners, or party emblems will be allowed.</h4>
+
+<hr style='width: 45%;' />
+
+<h2>IRISHMEN</h2>
+
+<h4>Assemble in your thousands, and show by your numbers and your</h4>
+<h4>orderly demeanour your sympathy with the fate of the</h4>
+<h4>executed patriots.</h4>
+
+<hr style='width: 45%;' />
+
+<h2>IRISHWOMEN</h2>
+
+<h4>You are requested to lend the dignity of your presence to this</h4>
+<h4>important National Demonstration.</h4>
+
+<p>   By Order of the Committee.</p>
+
+<p>   JOHN MARTIN, Chairman.
+   J.C. WATERS, Hon. Secretary.
+   JAMES SCANLAN, Hon. Secretary.
+   J.J. LALOR, Hon. Secretary.
+   DONAL SULLIVAN, Up. Buckingham-street, Treasurer.</p></div>
+
+<p>The appearance of the &quot;funeral procession placards&quot; all over the city on
+Thursday, 5th December, increased the public excitement. No other topic
+was discussed in any place of public resort, but the event forthcoming
+on Sunday. The first evidence of what it was about to be, was the
+appearance of the drapery establishments in the city on Saturday
+morning; the windows, exteriorly and interiorly, being one mass of crape
+and green ribbon&mdash;funeral knots, badges, scarfs, hat-bands, neckties,
+&amp;c., exposed for sale. Before noon most of the retail, and several of
+the wholesale houses had their entire stock of green ribbon and crape
+exhausted, it being computed that <i>nearly one hundred thousand yards</i>
+had been sold up to midnight of Saturday! Meantime the committee sat <i>en
+permanance</i>, zealously pushing their arrangements for the orderly and
+successful carrying out of their great undertaking&mdash;appointing stewards,
+marshals, &amp;c.&mdash;in a word, completing the numerous details on the
+perfection of which it greatly depended whether Sunday was to witness a
+successful demonstration or a scene of disastrous disorder. On this, as
+upon every occasion when a national demonstration was to be organized,
+the trades of Dublin, Kingstown, and Dalkey, exhibited that spirit of
+patriotism for which they have been proverbial in our generation. From
+their ranks came the most efficient aids in every department of the
+preparations. On Saturday evening the carpenters, in a body, immediately
+after their day's work was over, instead of seeking home and rest,
+refreshment or recreation after their week of toil, turned into the
+<i>Nation</i> office machine rooms, which they quickly improvised into a vast
+workshop, and there, as volunteers, laboured away till near midnight,
+manufacturing &quot;wands&quot; for the stewards of next morning's procession.</p>
+
+<p>Sunday, 8th December, 1867, dawned through watery skies. From shortly
+after day-break, rain, or rather half-melted sleet, continued to fall;
+and many persons concluded that there would be no attempt to hold the
+procession under such inclement weather. This circumstance was, no
+doubt, a grievous discouragement, or rather a discomfort and an
+inconvenience; but so far from preventing the procession, it was
+destined to add a hundred-fold to the significance and importance of the
+demonstration. Had the day been fine, tens of thousands of persons who
+eventually only lined the streets, wearing the funeral emblems, would
+have marched in the procession as they had originally intended; but
+hostile critics would in this case have said that the fineness of the
+day and the excitement of the pageant had merely caused a hundred
+thousand persons to come out for a holiday. Now, however, the depth,
+reality, and intensity of the popular feeling was about to be keenly
+tested. The subjoined account of this memorable demonstration is
+summarised from the Dublin daily papers of the next ensuing publication,
+the report of the <i>Freeman's Journal</i> being chiefly used:&mdash;</p>
+
+<div class='blkquot'><p>As early as ten o'clock crowds began to gather in Beresford-place,
+   and in an hour about ten thousand men were present. The morning had
+   succeeded to the hopeless humidity of the night, and the drizzling
+   rain fell with almost dispiteous persistence. The early trains from
+   Kingstown and Dalkey, and all the citerior townlands, brought large
+   numbers into Dublin; and Westland-row, Brunswick, D'Olier, and
+   Sackville-streets, streamed with masses of humanity. A great number
+   of the processionists met in Earlsfort-terrace, all round the
+   Exhibition, and at twelve o'clock some thousands had collected. It
+   was not easy to learn the object of this gathering; it may have been
+   a mistake, and most probably it was, as they fell in with the great
+   body in the course of half an hour. The space from the quays,
+   including the great sweep in front of the Custom-house, was swarming
+   with men, and women, and small children, and the big ungainly crowd
+   bulged out in Gardiner-street, and the broad space leading up
+   Talbot-street. The ranks began to be formed at eleven o'clock amid a
+   down-pour of cold rain. The mud was deep and aqueous, and great pools
+   ran through the streets almost level with the paths. Some of the more
+   prominent of the men, and several of the committee, rode about
+   directing and organizing the crowd, which presented a most
+   extraordinary appearance. A couple of thousand young children stood
+   quietly in the rain and slush for over an hour; while behind them, in
+   close-packed numbers, were over two thousand young women. Not the
+   least blame can be attached to those who managed the affairs of the
+   day, inasmuch as the throng must have far exceeded even their most
+   sanguine expectations. Every moment some overwhelming accession
+   rolled down Abbey-street or Eden-quay, and swelled the already
+   surging multitude waiting for the start. Long before twelve o'clock,
+   the streets converging on the square were packed with spectators or
+   intending processionists. Cabs struggled hopelessly to yield up the
+   large number of highly respectable and well-attired ladies who had
+   come to walk. Those who had hired vehicles for the day to join the
+   procession were convinced of the impracticable character of their
+   intention; and many delicate old men who would not give up the
+   design, braved the terrors of asthma and bronchitis, and joined the
+   rain-defying throng. Right across the spacious ground was one
+   unmoving mass, constantly being enlarged by ever-coming crowds. All
+   the windows in Beresford-place were filled with spectators, and the
+   rain and cold seemed to have no saddening effect on the numerous
+   multitude. The various bands of the trade were being disposed in
+   their respective positions, and the hearses were a long way off and
+   altogether in the back-ground, when, at a quarter to twelve, the
+   first rank of men moved forward. Almost every one had an umbrella,
+   but they were thoroughly saturated with the never-ceasing down-pour.
+   As the steady, well-kept, twelve-deep ranks moved slowly out, some
+   ease was given to those pent up behind; and it was really wonderful
+   to see the facility with which the people adapted themselves to the
+   orders of their directors. Every chance of falling in was seized, and
+   soon the procession was in motion. The first five hundred men were of
+   the artisan class. They were dressed very respectably, and each man
+   wore upon his left shoulder a green rosette, and on his left arm a
+   band of crape. Numbers had hat-bands depending to the shoulder;
+   others had close crape intertwined carefully with green ribbon around
+   their hats; and the great majority of the better sort adhered to this
+   plan, which was executed with a skill unmistakably feminine. Here and
+   there at intervals a man appeared with a broad green scarf around his
+   shoulders, some embroidered with shamrocks, and others decorated with
+   harps. There was not a man throughout the procession but was
+   conspicuous by some emblem of nationality. Appointed officers walked
+   at the sides with wands in their hands and gently kept back the
+   curious and interested crowd whose sympathy was certainly
+   demonstrative. Behind the five hundred men came a couple of thousand
+   young children. These excited, perhaps, the most considerable
+   interest amongst the bystanders, whether sympathetic, neutral, or
+   opposite. Of tender age and innocent of opinions on any subject, they
+   were being marshalled by their parents in a demonstration which will
+   probably give a tone to their career hereafter; and seeds in the
+   juvenile mind ever bear fruit in due season. The presence of these
+   shivering little ones gave a serious significance to the
+   procession&mdash;they were hostages to the party who had organized the
+   demonstration. Earnestness must indeed have been strong in the mind
+   of the parent who directed his little son or daughter to walk in
+   saturating rain and painful cold through five or six miles of mud and
+   water, and all this merely to say &quot;I and my children were there.&quot; It
+   portends something more than sentiment. It is national education with
+   a vengeance. Comment on this remarkable constituent was very frequent
+   throughout the day, and when toward evening this band of boys sang
+   out with lusty unanimity a popular Yankee air, spectators were
+   satisfied of their culture and training. After the children came
+   about one hundred young women who had been unable to gain their
+   proper position, and accepted the place which chance assigned them.
+   They were succeeded by a band dressed very respectably, with crape
+   and green ribbons round their caps. These were followed by a number
+   of rather elderly men, probably the parents of the children far
+   ahead. At this portion of the procession, a mile from the point, they
+   marched four deep, there having been a gradual decline from the
+   front. Next came the bricklayers' band all dressed in green caps, a
+   very superior-looking body of men. Then followed a very imposing
+   well-kept line, composed of young men of the better class, well
+   attired and respectable looking. These wore crape hat-bands, and
+   green rosettes with harps in the centre. Several had broad green body
+   scarfs, with gold tinsel shamrocks and harps intertwined. As this
+   portion of the procession marched they attracted very considerable
+   attention by their orderly, measured tread, and the almost soldierly
+   precision with which they maintained the line. They numbered about
+   four or five thousand, and there were few who were not young, sinewy,
+   stalwart fellows. When they had reached the further end of
+   Abbey-street, the ground about Beresford-place was gradually becoming
+   clear, and the spectator had some opportunity afforded of glancing
+   more closely at the component parts of the great crowd. All round the
+   Custom-house was still packed a dense throng, and large streams were
+   flowing from the northern districts, Clontarf, the Strand, and the
+   quays. The shipping was gaily decorated, and many of the masts were
+   filled with young tars, wearing green bands on their hats. At
+   half-past twelve o'clock, the most interesting portion of the
+   procession left the Custom-house. About two thousand young women, who
+   in attire, demeanour, and general appearance, certainly justified
+   their title to be called ladies walked in six-deep ranks. The general
+   public kept pace with them for a great distance. The green was most
+   demonstrative, every lady having shawl, bonnet, veil, dress, or
+   mantle of the national hue. The mud made sad havoc of their attire,
+   but notwithstanding all mishaps they maintained good order and
+   regularity. They stretched for over half a-mile, and added very
+   notably to the imposing appearance, of the procession. So great was
+   the pressure in Abbey-street, that for a very long time there were no
+   less than three processions walking side-by-side. These halted at the
+   end of the street, and followed as they were afforded opportunity.
+   One of the bands was about to play near the Abbey-street Wesleyan
+   House, but when a policeman told them of the proximity of the place
+   of worship, they immediately desisted. The first was a very long way
+   back in the line, and the foremost men must have been near the
+   Ormond-quays, when the four horses moved into Abbey-street. They were
+   draped with black cloths, and white plumes were at their heads. The
+   hearse also had white plumes, and was covered with black palls. On
+   the side was &quot;William P. Allen.&quot; A number of men followed, and then
+   came a band. In the earlier portion of the day there were seen but
+   two hearses, the second one bearing Larkin's name. It was succeeded
+   by four mourning coaches, drawn by two horses each. A large number
+   of young men from the monster houses followed in admirable order. In
+   this throng were very many men of business, large employers, and
+   members of the professions. Several of the trades were in great
+   force. It had been arranged to have the trade banners carried in
+   front of the artisans of every calling, but at the suggestion of the
+   chairman this design was abandoned. The men walked, however, in
+   considerable strength. They marched from their various
+   committee-rooms to the Custom-house. The quay porters were present to
+   the number of 500, and presented a very orderly, cleanly appearance.
+   They were comfortably dressed, and walked close after the hearse
+   bearing Larkin's name. Around this bier were a number of men bearing
+   in their hands long and waving palms&mdash;emblems of martyrdom. The
+   trades came next, and were led off by the various branches of the
+   association known as the Amalgamated Trades. The plasterers made
+   about 300, the painters 350, the boot and shoemakers mustered 1,000,
+   the bricklayers 500, the carpenters 300, the slaters 450, the sawyers
+   200, and the skinners, coopers, tailors, bakers, and the other
+   trades, made a very respectable show, both as to numbers and
+   appearance. Each of these had representatives in the front of the
+   procession, amongst the fine body of men who marched eight deep. The
+   whole ground near the starting place was clear at half-past one, and
+   by that time the demonstration was seen to a greater advantage than
+   previously. All down Abbey-streets, and in fact throughout the
+   procession, the pathways were crowded by persons who were practically
+   of it, though not in it. Very many young girls naturally enough
+   preferred to stand on the pathways rather than to be saturated with
+   mud and water. But it may truly be said that every second man and
+   woman of the crowds in almost every street were of the procession.
+   Cabs filled with ladies and gentlemen remained at the waysides all
+   day watching the march. The horses' heads were gaily decorated with
+   green ribbons, while every Jehu in the city wore a rosette or a crape
+   band. Nothing of special note occurred until the procession turned
+   into Dame-street. The appearance of the demonstration was here far
+   greater than at any other portion of the city. Both sides of the
+   street, and as far as Carlisle-bridge, were lined with cabs and
+   carriages filled with spectators who were prevented by the bitter
+   inclemency of the day from taking an active part in the proceedings.
+   The procession was here grandly imposing, and after Larkin's hearse
+   were no less than nine carriages, and several cabs. It is stated that
+   Mrs. Luby and Miss Mulcahy occupied one of the vehicles, and
+   relatives of others now in confinement were alleged to have been
+   present. One circumstance, which was generally remarked as having
+   great significance, was the presence in one line of ten soldiers of
+   the 86th Regiment. They were dressed in their great overcoats, which
+   they wore open so as to show the scarlet tunic. These men may have
+   been on leave, inasmuch as the great military force were confined to
+   barracks, and kept under arms from six o'clock, a.m. The cavalry were
+   in readiness for action, if necessary. Mounted military and police
+   orderlies were stationed at various points of the city to convey any
+   requisite intelligence to the authorities, and the constabulary at
+   the depot, Phoenix Park, were also prepared, if their services should
+   be required. At the police stations throughout the city large numbers
+   of men were kept all day under arms. It is pleasant to state that no
+   interference was necessary, as the great demonstration terminated
+   without the slightest disturbance. The public houses generally
+   remained closed until five o'clock, and the sobriety of the crowds
+   was the subject of the general comment.</p>
+
+<p>   From an early hour in the morning every possible position along the
+   quays that afforded a good view of the procession was taken advantage
+   of, and, despite the inclemency of the weather, the parapets of the
+   various bridges, commencing at Capel-street, were crowded with
+   adventurous youths, who seemed to think nothing of the risks they ran
+   in comparison with the opportunities they had of seeing the great
+   sight in all its splendour. From eleven until twelve o'clock the
+   greatest efforts were made to secure good places The side walks were
+   crowded and impassable. The lower windows of the houses were made the
+   most of by men who clutched the shutters and bars, whilst the upper
+   windows were, as a general rule, filled with the fair sex, and it is
+   almost unnecessary to add that almost every man, woman, and child
+   displayed some emblem suitable to the occasion. Indeed, the
+   originality of the designs was a striking feature. The women wore
+   green ribbons and veils, and many entire dresses of the favourite
+   colour. The numerous windows of the Four Courts accommodated hundreds
+   of ladies, and we may mention that within the building were two
+   pieces of artillery, a plentiful supply of rockets, and a number of
+   policemen. It was arranged that the rockets should be fired from the
+   roof in case military assistance was required. Contrary to the
+   general expectation, the head of the procession appeared at
+   Essex-bridge shortly before twelve o'clock. As it was expected to
+   leave Beresford-place about that time, and as such gigantic
+   arrangements are seldom carried out punctually, the thousands of
+   people who congregated in this locality were pleasantly disappointed
+   when a society band turned the corner of Mary-street and came towards
+   the quays, with the processionists marching in slow and regular time.
+   The order that prevailed was almost marvellous&mdash;not a sound was heard
+   but the mournful strains of the music, and the prevalent feeling was
+   expressed, no doubt, by one or two of the processionists, who said in
+   answer to an inquiry, &quot;We will be our own police to-day.&quot; They
+   certainly were their own police, for those who carried white wands
+   did not spare themselves in their endeavours to maintain order in the
+   ranks. As we have mentioned already, the first part of the procession
+   reached Capel-street shortly before twelve o'clock, and some idea of
+   the extent of the demonstration may be formed from the fact that the
+   hearses did not come in view until a quarter-past one o'clock. They
+   appeared at intervals of a quarter of an hour, and were received by a
+   general cry of &quot;hush.&quot; The number of fine, well-dressed young women
+   in the procession here was the subject of general remark, whilst the
+   assemblage of boys astonished all who witnessed it on account of its
+   extent. The variety of the tokens of mourning, too, was remarkable.
+   Numbers of the women carried laurel branches in addition to green
+   ribbons and veils, and many of the men wore shamrocks in their hats.
+   The procession passed along the quays as far as King's-bridge, and it
+   there crossed and passed up Stevens'-lane. The windows of all the
+   houses <i>en route</i> were crowded chiefly with women, and the railings
+   at the Esplanade and at King's-bridge, were crowded with spectators.</p>
+
+<p>   About one o'clock the head of the procession, which had been
+   compressed into a dense mass in Stevens'-lane, burst like confined
+   water when relieved of restraint, on entering James's-street, where
+   every window and doorstep was crowded. Along the lines of footway
+   extending at either side from the old fountain up to James's-gate,
+   were literally tented over with umbrellas of every hue and shade,
+   held up as protection against the cold rain that fell in drizzling
+   showers and made the streetway on which the vast numbers stood ankle
+   deep in the slushy mud. The music of the &quot;Dead March in Saul,&quot; heard
+   in the distance, caused the people to break from the lines in which
+   they had partially stood awaiting the arrival of the procession,
+   which now, for the first time, began to assume its full proportions.
+   As it moved along the quays at the north side of the river, every
+   street, bridge, and laneway served to obstruct to a considerable
+   extent its progress and its order, owing to interruption from
+   carriage traffic and from the crowds that poured into it and swelled
+   it in its onward course. In the vast multitudes that lined this great
+   western artery of the city, the greatest order and propriety were
+   observed, and all seemed to be impressed with the one solemn and
+   all-pervading idea that they were assembled to express their deep
+   sympathy with the fate of three men whom they believed had been
+   condemned and had suffered death unjustly. Even amongst the young
+   there was not to be recognised the slightest approach to levity, and
+   the old characteristics of a great Irish gathering were not to be
+   perceived anywhere. The wrong, whether real or imaginary, done to
+   Allen, O'Brien, and Larkin, made their memory sacred with the
+   thousands that stood for hours in the December wet and cold of
+   yesterday, to testify by their presence their feelings and their
+   sympathies. The horsemen wearing green rosettes, trimmed with crape,
+   who rode in advance of the procession, kept back the crowds at either
+   side that encroached on the space in the centre of the street
+   required for the vast coming mass to move through. On it came, the
+   advance with measured tread, to the music of the band in front, and
+   notwithstanding the mire which had to be waded through, the line went
+   on at quiet pace, and with admirable order, but there was no effort
+   at anything like semi-military swagger or pompous demonstration.
+   Every window along the route of the procession was fully occupied by
+   male and female spectators, all wearing green ribbons and crape, and
+   in front of several of the houses black drapery was suspended. The
+   tide of men, women, and children continued to roll on in the
+   drenching rain, but nearly all the fair processionists carried
+   umbrellas. It was not till the head of the vast moving throng had
+   reached James's-gate that anything like a just conception could be
+   formed of its magnitude, as it was only now that it was beginning to
+   get into regular shape and find room to extend itself. The persons
+   whose duty it was to keep the several parts of the procession well
+   together had no easy part to play, as the line had to be repeatedly
+   broken to permit the ordinary carriage traffic of the streets to go
+   on with as little delay as possible. The <i>cortege</i> at this point
+   looked grand and solemn in the extreme because of its vastness, and
+   also because of all present appearing to be impressed with the one
+   idea. The gloomy, wet, and cheerless weather was quite in keeping
+   with the funeral march of 35,000 people. The bands were placed at
+   such proper distances that the playing of one did not interfere with
+   the other. After passing James's-gate the band in front ceased to
+   perform, and on passing the house 151 Thomas-street every head was
+   uncovered in honour of Lord Edward Fitzgerald, who was arrested and
+   mortally wounded by Major Sirr and his assistants in the front
+   bedroom of the second floor of that house. Such was the length of the
+   procession, that an hour had elapsed from the time its head entered
+   James's-street before the first hearse turned the corner of
+   Stevens'-lane. In the neighbourhood of St. Catherine's church a vast
+   crowd of spectators had settled down, and every available elevation
+   was taken possession of. At this point a large portion of the
+   streetway was broken up for the purpose of laying down water-pipes,
+   and on the lifting-crane and the heaps of earth the people wedged and
+   packed themselves, which showed at once that this was a great centre
+   of attraction&mdash;and it was, for here was executed the young and
+   enthusiastic Robert Emmet sixty-four years ago. When Allen, O'Brien,
+   and Larkin were condemned to death as political offenders, some of
+   the highest and the noblest in the land warned the government to
+   pause before the extreme penalty pronounced on the condemned men
+   would be carried into effect, but all remonstrance was in vain, and
+   on last Saturday fortnight, three comparatively unknown men in their
+   death passed into the ranks of heroes and martyrs, because it was
+   believed, and believed generally, that their lives were sacrificed to
+   expediency, and not to satisfy justice. The spot where Robert Emmet
+   closed his young life on a bloody scaffold was yesterday regarded by
+   thousands upon thousands of his countrymen and women as a holy place,
+   and all looked upon his fate as similar to that of the three men
+   whose memory they had assembled to honour, and whose death they
+   pronounced to be unjust. It would be hard to give a just conception
+   of the scene here, as the procession advanced and divided, as it
+   were, into two great channels, owing to the breaking up of the
+   streetway. On the advance of the <i>cortege</i> reaching the top of
+   Bridgefoot-street every head was uncovered, and nothing was to be
+   heard but the measured tread of the vast mass, but as if by some
+   secret and uncontrollable impulse a mighty, ringing, and enthusiastic
+   cheer, broke from the moving throng as the angle of the footway at
+   the eastern end of St. Catherine's church, where the scaffold on
+   which Emmet was executed stood, was passed. In that cheer there
+   appeared to be no fiction, as it evidently came straight from the
+   hearts of thousands, who waved their hats and handkerchiefs, as did
+   also the groups that clustered in the windows of the houses in the
+   neighbourhood. As the procession moved on from every part of it the
+   cheers rose again and again, men holding up their children, and
+   pointing out the place where one who loved Ireland, &quot;not wisely but
+   too well,&quot; rendered up his life. When the hearse with white plumes
+   came up bearing on the side draperies the words &quot;William P. Allen,&quot;
+   all the enthusiasm and excitement ceased, and along the lines of
+   spectators prayers for the repose of the soul of the departed man
+   passed from mouth to mouth; and a sense of deep sadness seemed to
+   settle down on the swaying multitude as the procession rolled along
+   on its way. After this hearse came large numbers of females walking
+   on bravely, apparently heedless of the muddy streets and the
+   unceasing rain that came down without a moment's intermission. When
+   the second hearse, bearing white plumes and the name of &quot;Michael
+   O'Brien&quot; on the side pendants, came up, again all heads were
+   uncovered, and prayers recited by the people for the everlasting rest
+   of the departed. Still onward rolled the mighty mass, young and old,
+   and in the entire assemblage was not to be observed a single person
+   under the influence of drink, or requiring the slightest interference
+   on the part of the police, whose exertions were altogether confined
+   to keeping the general thoroughfare clear of obstruction. Indeed,
+   justly speaking, the people required no supervision, as they seemed
+   to feel that they had a solemn duty to discharge. Fathers were to be
+   seen bearing in their arms children dressed in white and decorated
+   with green ribbons, and here, as elsewhere, was observed unmistakable
+   evidence of the deep sympathy of the people with the executed men.
+   This was, perhaps, more strikingly illustrated as the third hearse,
+   with sable plumes, came up bearing at either side the name of
+   &quot;Michael Larkin;&quot; prayers for his soul's welfare were mingled with
+   expressions of commiseration for his widow and children. At the
+   entrance to Cornmarket, where the streetway narrows, the crushing
+   became very great, but still the procession kept its onward course.
+   On passing the shop of Hayburne, who, it will be remembered, was
+   convicted of being connected with the Fenian conspiracy, a large
+   number of persons in the procession uncovered and cheered. In the
+   house of Roantree, in High-street, who was also convicted of
+   treason-felony, a harp was displayed in one of the drawingroom
+   windows by a lady dressed in deep mourning, and the procession loudly
+   cheered as it passed on its route.</p>
+
+<p>   Standing at the corner of Christchurch-place, a fine view could be
+   had of the procession as it approached Winetavern-street from
+   High-street. The compact mass moved on at a regular pace, while from
+   the windows on either side of the streets the well-dressed citizens,
+   who preferred to witness the demonstration from an elevated position
+   rather than undergo the fatigues and unpleasantness of a walk through
+   the city in such weather, eagerly watched the approach of the
+   procession. Under the guidance of the horsemen and those whose wands
+   showed it was their duty to marshal the immense throng, the
+   procession moved at an orderly pace down Winetavern-street, which,
+   spacious as it is, was in a few minutes absolutely filled with the
+   vast crowds. The procession again reached the quays, and moved along
+   Wood-quay and Essex-quay, and into Parliament-street, which it
+   reached at twenty minutes to two o'clock. Passing down
+   Parliament-street, and approaching the O'Connell statue, a number of
+   persons began to cheer, but this was promptly suppressed by the
+   leaders, who galloped in advance for some distance with a view to the
+   preservation of the mournful silence that had prevailed. This was
+   strictly enjoined, and the instruction was generally observed by the
+   processionists. The reverential manner in which the many thousands of
+   the people passed the statue of the Liberator was very observable. A
+   rather heavy rain was falling at the time, yet there were thousands
+   who uncovered their heads as they looked up to the statue which
+   expressed the noble attitude and features of O'Connell. As the
+   procession moved along through Dame-street the footways became
+   blocked up, and lines of cabs took up places in the middle of the
+   carriageway, and the police exercised a wise discretion in preventing
+   vehicles from the surrounding streets driving in amongst the crowds.
+   By this means the danger of serious accident was prevented without
+   any public inconvenience being occasioned, as a line parallel to that
+   which the procession was taking was kept clear for all horse
+   conveyances. Owing to the hour growing late, and a considerable
+   distance still to be gone over, the procession moved at a quick pace.
+   In anticipation of its arrival great crowds collected in the vicinity
+   of the Bank of Ireland and Trinity College, where the <i>cortege</i> was
+   kept well together, notwithstanding the difficulty of such a vast
+   mass passing on through the heart of the city filled at this point
+   with immense masses of spectators. Oil passing the old
+   Parliament-house numbers of men in the procession took of their hats,
+   but the disposition to cheer was suppressed, as it was at several
+   other points along the route. Turning down Westmoreland-street, the
+   procession, marshalled by Dr. Waters on horseback, passed slowly
+   along between the thick files of people on each side, most of whom
+   displayed the mourning and national symbols, black and green. The
+   spacious thoroughfare in a few minutes was filled with the dense
+   array, which in close compact ranks pressed on, the women, youths,
+   and children, bearing bravely the privations of the day, the bands
+   preceding and following the hearses playing the Dead March, the
+   solemn notes filling the air with mournful cadence. The windows of
+   the houses on each side of the street were filled with groups of
+   spectators of the strange and significant spectacle below. With the
+   dark masses of men, broken at intervals by the groups of females and
+   children, still stretched lengthily in the rere, the first section of
+   the procession crossed Carlisle-bridge, the footways and parapets of
+   which were thronged with people, nearly all of whom wore the usual
+   tokens of sympathy. Passing the bridge, a glance to the right, down
+   the river, revealed the fact that the ships, almost without
+   exception, had their flags flying half mast high, and that the
+   rigging of several were filled with seamen, who chose this elevated
+   position to get a glimpse of the procession as it emerged into
+   Sackville-street. Here the sight was imposing. A throng of spectators
+   lined each side of the magnificent thoroughfare, and the lofty houses
+   had their windows on each side occupied with spectators. Pressing
+   onwards with measured, steady pace, regardless of the heavy rain, the
+   cold wind, and the gloomy sky, the procession soon filled
+   Sackville-street from end to end with its dense dark mass, which
+   stretching away over Carlisle-bridge, seemed motionless in the
+   distance. The procession defiled to the left of the site of the
+   O'Connell monument at the head of the street, and the national
+   associations connected with this spot was acknowledged by the large
+   numbers of the processionists, who, with uncovered heads, marched
+   past, some expressing their feelings with a subdued cheer. The
+   foremost ranks were nearing Glasnevin when the first of the hearses
+   entered Sackville-street, which, at this moment, held a numberless
+   throng of people, processionists, and spectators, the latter, as at
+   all the other points of the route, exhibiting prominently the sable
+   and green emblems, which evidenced their approval of the
+   demonstration. The hearses slowly passed along, followed by the
+   mourning carriages, the bands playing alternately &quot;Adeste Fidelis&quot;
+   and the &quot;Dead March,&quot; and then followed the deep column of the
+   processionists, still marching onwards with unflagging spirit,
+   thousands seeming to be thoroughly soaked with the rain, which was
+   falling all the morning. Sackville-street was perhaps the best point
+   from which to get a correct notion of the enormous length of the
+   procession, and of the great numbers that accompanied it on its way
+   without actually entering the ranks. The base of the Nelson monument
+   was covered with spectators, and at the corners of Earl-street and
+   Henry-street there were stationary crowds, who chose these positions
+   to get a good view of the great display as it progressed towards
+   Cavendish-row. Through this comparatively narrow thoroughfare the
+   procession passed along into North Frederick-street and
+   Blessington-street, and thence by Upper Berkeley-street to the
+   Circular-road. Along this part of the route there were crowds of
+   spectators, male and female, most of whom wore the crape, and green
+   ribbons, all hurrying forward to the cemetery, the last stage of the
+   long and fatiguing journey of the procession. As the first part of
+   the array passed the Mater Misericordi&aelig; Hospital, and came in sight
+   of the Mountjoy Prison, they gave a cheer, which was caught up by
+   those behind, and as file after file passed the prison the cheers
+   were repeated. With unbroken and undiminished ranks the procession
+   pressed on towards Glasnevin; but when the head had reached the
+   cemetery, the closing section must have been far away in the city.
+   The first part of the procession halted outside the gate of the
+   cemetery, the spacious area in front of which was in a few moments
+   completely filled by the dense masses who came up. A move then became
+   necessary, and accordingly the procession recommenced its journey by
+   passing through the open gates of the cemetery down the pathways
+   leading to the M'Manus grave, followed by some of the bands playing
+   the &quot;Adeste Fidelis.&quot; As fast as the files passed through others
+   marched up, and when, after some time the carriage containing Mr.
+   John Martin arrived, the open ground fronting the cemetery was one
+   enormous mass of the processionists, while behind on the road leading
+   up to this point thousands were to be seen moving slowly forward to
+   the strains of the &quot;Dead March,&quot; given out by the bands immediately
+   in front of the hearses.</p>
+<br />
+
+<p>   MR. MARTIN'S ADDRESS.</p>
+
+<p>   On the arrival of the procession at the cemetery Mr. Martin was
+   hailed with loud applause. It being understood he would make some
+   observations, the multitude gathered together to hear him. He
+   addressed the vast multitude from the window of a house overlooking
+   the great open space in front of the cemetery. On presenting himself
+   he was received with enthusiastic cheering. When silence was obtained
+   he said:&mdash;&quot;Fellow-countrymen&mdash;This is a strange kind of funeral
+   procession in which we are engaged to-day. We are here, a vast
+   multitude of men, women, and children in a very inclement season of
+   the year, under rain and through mud. We are here escorting three
+   empty hearses to the consecrated last resting place of those who die
+   in the Lord (cheers). The three bodies that we would tenderly bear to
+   the churchyard, and would bury in consecrated ground with all the
+   solem rites of religion, are not here. They are away in a foreign and
+   hostile land (hear, hear), where they have been thrown into
+   unconsecrated ground, branded by the triumphant hatred of our enemies
+   as the vile remains of murderers (cries of 'no murderers,' and
+   cheers). Those three men whose memories we are here to-day to
+   honour&mdash;Allen, O'Brien, and Larkin&mdash;they were not murderers (great
+   cheering). [A Voice&mdash;Lord have mercy on them.] Mr. Martin&mdash;These men
+   were pious men, virtuous men&mdash;they were men who feared God and loved
+   their country. They sorrowed for the sorrows of the dear old native
+   land of their love (hear, hear). They wished, if possible, to save
+   her, and for that love and for that wish they were doomed to an
+   ignominious death at the hands of the British hangman (hear, hear).
+   It was as Irish patriots that these men were doomed to death
+   (cheers). And it was as Irish patriots that they met their death
+   (cheers). For these reasons, my countrymen, we here to-day have
+   joined in this solemn procession to honour their memories (cheers).
+   For that reason we say from our hearts, 'May their souls rest in
+   peace' (cries of Amen, and cheers). For that reason, my countrymen,
+   we join in their last prayer, 'God save Ireland' (enthusiastic
+   cheering). The death of these three men was an act of English policy.
+   [Here there was some interruption caused by the fresh arrivals and
+   the pushing forward.] I beg of all within reach of my voice to end
+   this demonstration as we have carried it through to the present time,
+   with admirable patience, in the best spirit, with respect, silence
+   and solemnity, to the end (cheers, and cries of 'we will'). I say the
+   death of these men was a legal murder, and that legal murder was an
+   act of English policy (cheers)&mdash;of the policy of that nation which
+   through jealousy and hatred of our nation, destroyed by fraud and
+   force our just government sixty-seven years ago (cheers). They have
+   been sixty-seven sad years of insult and robbery&mdash;of
+   impoverishment&mdash;of extermination&mdash;of suffering beyond what any other
+   subject people but ours have ever endured from the malignity of
+   foreign masters (cheers). Nearly through all these years the Irish
+   people continued to pray for the restoration of their Irish national
+   rule. They offered their forgiveness to England. They offered even
+   their friendship to England if she would only give up her usurped
+   power to tyrannise over us, and leave us to live in peace, and as
+   honourable neighbours. But in vain. England felt herself strong
+   enough to continue to insult and rob us, and she was too greedy and
+   too insolent to cease from robbing and insulting us (cheers). Now it
+   has come to pass as a consequence of that malignant policy pursued
+   for so many long years&mdash;it has come to pass that the great body of
+   the Irish people despair of obtaining peaceful restitution of our
+   national rights (cheers). And it has also come to pass that vast
+   numbers of Irishmen, whom the oppression of English rule forbade to
+   live by honest industry in their own country, have in America learned
+   to become soldiers (cheers). And those Irish soldiers seem resolved
+   to make war against England (cheers). And England is in a panic of
+   rage and fear in consequence of this (loud cheers). And being in a
+   panic about Fenianism, she hopes to strike terror into her Irish
+   malcontents by a legal murder (loud cheers). England wanted to show
+   that she was not afraid of Fenianism&mdash;[A Voice&mdash;'She will be.'] And
+   she has only shown that she is not afraid to do injustice in the face
+   of Heaven and of man. Many a wicked statute she has framed&mdash;many a
+   jury she has packed, in order to dispose of her Irish political
+   offenders&mdash;but in the case of Allen, O'Brien, and Larkin, she has
+   committed such an outrage on justice and decency as to make even many
+   Englishmen stand aghast. I shall not detain you with entering into
+   details with which you are all well acquainted as to the shameful
+   scenes of the handcuffing of the untried prisoners&mdash;as to the
+   shameful scenes of the trial up to the last moment, when the three
+   men&mdash;our dearly beloved Irish brethren, were forced to give up their
+   innocent lives as a sacrifice for the cause of Ireland (loud cheers);
+   and, fellow-countrymen, these three humble Irishmen who represented
+   Ireland on that sad occasion demeaned themselves as Christians, as
+   patriots, modestly, courageously, piously, nobly (loud cheers). We
+   need not blush for them. They bore themselves all through with a
+   courage worthy of the greatest heroes that ever obtained glory upon
+   earth. They behaved through all the trying scenes I referred to with
+   Christian patience&mdash;with resignation to the will of God&mdash;(hear,
+   hear)&mdash;with modest, yet proud and firm adherence to principle
+   (cheers). They showed their love to Ireland and their fear of God
+   from the first to the last (cheers). It is vain for me to attempt to
+   detain you with many words upon this matter. I will say this, that
+   all who are here do not approve of the schemes for the relief of
+   Ireland that these men were supposed to have contemplated; but all
+   who love Ireland, all generous, Christian men, and women, and
+   children of Ireland&mdash;all the children growing up to be men and women
+   of Ireland (hear, hear)&mdash;all those feel an intense sympathy, an
+   intense love for the memories of these three men whom England has
+   murdered in form of law by way of striking terror into her Irish
+   subjects. Fellow-countrymen, it is idle almost for me to persist in
+   addressing weak words of mine to you&mdash;for your presence here
+   to-day&mdash;your demeanour all through&mdash;the solemn conduct of the vast
+   multitude assembled directly under the terrorism of a hostile
+   government&mdash;say more than the words of the greatest orator&mdash;more than
+   the words of a Meagher could say for you (cheers). You have behaved
+   yourselves all through this day with most admirable spirit as good
+   Irishmen and women&mdash;as good boys and girls of holy Ireland ought to
+   be (cheers), and I am sure you will behave so to the end (cries of
+   yes, yes). This demonstration is mainly one of mourning for the fate
+   of these three good Irishmen (cheers), but fellow-countrymen, and
+   women, and boys, and girls, it is also one of protest and indignation
+   against the conduct of our rulers (hear, hear, and cheers) Your
+   attendance here to-day is a sufficient protest. Your orderly
+   behaviour&mdash;your good temper all through this wretched weather&mdash;your
+   attendance here in such vast numbers for such a purpose&mdash;avowedly and
+   in the face of the terrorism of the government, which falls most
+   directly upon the metropolis&mdash;that is enough for protest. You in your
+   multitudes, men, women, and children, have to-day made that protest.
+   Your conduct has been admirable for patience, for good nature, for
+   fine spirit, for solemn sense of that great duty you were resolved to
+   do. You will return home with the same good order and
+   inoffensiveness. You will join with me now in repeating the prayer of
+   the three martyrs whom we mourn&mdash;'God save Ireland!' And all of you,
+   men, women, and boys and girls that are to be men and women of holy
+   Ireland, will ever keep the sentiment of that prayer in your heart of
+   hearts.&quot; Mr. Martin concluded amid enthusiastic cheering.</p>
+
+<p>   At the conclusion of his address, Mr. Martin, accompanied by a large
+   body of the processionists, proceeded to the cemetery, where Mr.
+   Martin visited the grave of Terence Bellew M'Manus. The crowds walked
+   around the grave as a mark of respect for the memory of M'Manus. Mr.
+   Martin left the cemetery soon after, end went to his carriage; the
+   people gathered about him and thanked him, and cheered him loudly.
+   The vast assemblage dispersed in the most orderly and peaceful
+   manner, and returned to their homes. They had suffered much from the
+   severity of the day, but they exhibited to the end the most
+   creditable endurance and patience. In the course of an hour the roads
+   were cleared and the city soon resumed its wonted quiet
+   aspect.[Footnote: In consequence of some vile misstatements in the
+   government press, which represented the crowd to have not only
+   behaved recklessly, but to have done considerable damaged to the
+   graves, tombs, shrubs, and fences in the cemetery, Mr. Coyle,
+   secretary to the Cemetery Board, published in the <i>Freeman</i> an
+   official contradiction, stating that not one sixpence worth of damage
+   had been done. It is furthermore worthy of note, that at the city
+   police offices next morning not one case arising out of the
+   procession was before the magistrates, and the charges for
+   drunkenness were one-fourth below the average on Mondays!]</p></div>
+
+<p>Of the numbers in the procession &quot;An Eye-witness,&quot; writing in the
+<i>Freeman</i>, says:&mdash;</p>
+
+
+<div class='blkquot'><p>The procession took one hour and forty minutes to pass the Four
+   Courts. Let us assume that as the average time in which it would pass
+   any given point, and deduct ten minutes for delays during that time.
+   If, then, it moved at the rate of two and a-half miles per hour, we
+   find that its length, with those suppositions, would be three and
+   three-quarters miles. From this deduct a quarter of a mile for breaks
+   or discrepancies, for we find the length of the column, if it moved
+   in a continuous line, to be three and a-half miles. We may now
+   suppose the ranks to be three feet apart, and consisting of ten in
+   each, at an average. The total number is therefore easily obtained by
+   dividing the product of 3&frac12; and 5,280 by 3, and multiplying the
+   quotient by 10. This will give as a result 61,600 which, I think, is
+   a fair approximation to the number of people in the procession alone.</p></div>
+
+<p>Even in the columns of the <i>Irish Times</i> a letter appeared giving an
+honest estimate of the numbers in the procession. It was signed
+&quot;T.M.G.,&quot; and said:&mdash;</p>
+
+<div class='blkquot'><p>I believe there was not fewer than 60,000 persons taking part in the
+   procession on Sunday. My point of observation was one of the best in
+   the city, seeing, as I could, from the entrance to the Lower Castle
+   Yard to the College Gates. I was as careful in my calculation as an
+   almost quick march would allow. There were also a few horsemen, three
+   hearses, and sixty-one hired carriages, cabs, and cars. A
+   correspondent in your columns this morning speaks of rows of from
+   four to nine deep; I saw very many of from ten to sixteen deep,
+   especially among the boys. The procession, took exactly eighty
+   minutes to pass this. There were several thousand onlookers within my
+   view.</p></div>
+
+<p>Of the ladies in the procession the <i>Freeman's Journal </i> bore the
+following testimony, not more generous than truthful:&mdash;</p>
+
+<div class='blkquot'><p>The most important physical feature was not, however, the respectable
+   dress, the manly bearing, the order, discipline, and solemnity of the
+   men, but the large bodies of ladies who, in rich and costly attire,
+   marched the whole length of the long route, often ankle deep in mud,
+   utterly regardles of the incessant down-pour of rain which deluged
+   their silks and satins, and melted the mourning crape till it seemed
+   incorporated with the very substance of the velvet mantles or rich
+   shawls in which so many of the fair processionists were enveloped. In
+   vain did well-gloved hands hold thousands of green parasols and
+   umbrellas over their heads as they walked four and five deep through
+   the leading thoroughfares yesterday. The bonnets with their 'green
+   and crape' were alone defensible, velvets and Paisleys, silks and
+   satins, met one common fate&mdash;thorough saturation. Yet all this and
+   more was borne without a murmur. These ladies, and there were many
+   hundreds of them, mingled with thousands in less rich attire, went
+   out to cooperate with their fathers, brothers, and sweethearts in
+   honouring three men who died upon the ignominious gallows, and they
+   never flinched before the torrents, or swerved for an instant from
+   the ranks. There must be some deep and powerful influence underlying
+   this movement that could induce thousands of matrons and girls of
+   from eighteen to two and-twenty, full of the blushing modesty that
+   distinguishes Irishwomen, to lay aside their retiring characteristics
+   and march to the sound of martial music through every thoroughfare in
+   the metropolis of this country decked in green and crape.</p></div>
+
+<p>The Dublin correspondent of the <i>Tipperary Free Press</i> referred to the
+demonstration as follows:&mdash;</p>
+
+<div class='blkquot'><p>Arrived in Sackville-street we were obliged to leave our cab and
+   endeavour, on foot, to force a way to our destination. This
+   magnificent street was crowded to repletion, and the approaches to
+   Beresford-place were 'black with people.' It was found necessary,
+   owing to the overwhelming numbers that assembled, to start the
+   procession before the hour named for its setting forth, and so it was
+   commenced in wonderful order, considering the masses that had to be
+   welded into shape. Marshals on foot and on horseback proceeded by the
+   side of those in rank and file, and they certainly wore successful in
+   preserving regularity of procedure. Mourning coaches and cabs
+   followed, and after each was a procession of women, at least a
+   thousand in number. Young and old were there&mdash;all decked in some
+   shape or other with green; many green dresses&mdash;some had green
+   feathers in their hats, but all had green ribbons prominently
+   displayed. The girls bore all the disagreeability of the long route
+   with wonderful endurance; it was bitterly cold&mdash;a sleety rain fell
+   during the entire day, and the roads were almost ankle deep in
+   mud&mdash;yet when they passed me on the return route they were apparently
+   as unwearied as when I saw them hours before. As the procession
+   trooped by&mdash;thousand after thousand&mdash;there was not a drunken man to
+   be seen&mdash;all were calm and orderly, and if they were, as many of them
+   were&mdash;soaked through&mdash;wet to the skin&mdash;they endured the discomfiture
+   resolutely. The numbers in the procession have been variously
+   estimated, but in my opinion there could not have been less than
+   50,000. But the demonstration was not confined to the processionists
+   alone; they walked through living walls, for along the entire route a
+   mass of people lined the way, the great majority of whom wore some
+   emblem of mourning, and every window of every house was thronged with
+   ladies and children, nearly all of whom were decorated. All semblance
+   of authority was withdrawn from sight, but every preparation had been
+   made under the personal direction of Lord Strathnairn, the
+   commander-in-chief, for the instant intervention of the military, had
+   any disturbances taken place. The troops were confined to barracks
+   since Saturday evening; they were kept in readiness to march at a
+   moment's notice; the horses of the cavalry were saddled all day long,
+   and those of the artillery were in harness. A battery of guns was in
+   the rere yard of the Four Courts, and mounted orderlies were
+   stationed at arranged points so as to convey orders to the different
+   barracks as speedily as possible. But, thanks to Providence, all
+   passed off quietly; the people seemed to feel the responsibility of
+   their position, and accordingly not even an angry word was to be
+   heard throughout the vast assemblage that for hours surged through
+   the highways of the city.</p></div>
+
+<p>The <i>Ulster Observer</i>, in the course of a beautiful and sympathetic
+article, touched on the great theme as follows:&mdash;</p>
+
+<div class='blkquot'><p>The main incidents of the singular and impressive event are worthy of
+   reflection. On a cold December morning, wet and dreary as any morning
+   in December might be, vast crowds assembled in the heart of Dublin to
+   follow to consecrated ground the empty hearses which bore the names
+   of the Irishmen whom England doomed to the gallows as murderers. The
+   air was piercingly chill, the rain poured down in torrents, the
+   streets were almost impassable from the accumulated pools of mingled
+   water and mud, yet 80,000 people braved the inclemency of the
+   weather, and unfalteringly carried out the programme so fervently
+   adopted. Amongst the vast multitude there were not only stalwart men,
+   capable of facing the difficulties of the day, but old men, who
+   struggled through and defied them; and, strangest of all, 'young
+   ladies, clothed in silk and velvet,' and women with tender children
+   by their sides, all of whom continued to the last to form a part of
+   the <i>cortege</i>, although the distance over which it passed must have
+   taxed the strongest physical energy. What a unanimity of feeling, or
+   rather what a naturalness of sentiment does not this wonderful
+   demonstration exhibit? It seems as if the 'God save Ireland' of the
+   humble successors of Emmet awoke in even the breast of infancy the
+   thrill which must have vibrated sternly and strongly in the heart of
+   manhood. Without exalting into classical grandeur the simple and
+   affectionate devotion of a simple and unsophisticated people, we
+   might compare this spectacle to that which ancient Rome witnessed,
+   when the ashes of Germanicus were borne in solemn state within her
+   portals. There were there the attendant crowd of female mourners, and
+   the bowed heads and sorrowing hearts of strong men. If the Irish
+   throngs had no hero to lament, who sustained their glory in the
+   field, and gained for them fresh laurels of victory, theirs was at
+   least a more disinterested tribute of grief, since it was paid to the
+   unpretending merit which laid down, life with the simple prayer of
+   'God save Ireland!' Amidst all the numerous thousands who proceeded
+   to Glasnevin, there was not, probably, one who would have sympathised
+   with any criminal offence, much less with the hideous one of murder.
+   And yet these thousands honoured and revered the memory of the men
+   condemned in England as assassins, and ignominiously buried in
+   felons' graves.</p></div>
+
+<p>This mighty demonstration&mdash;at once so unique, so solemn, so impressive,
+so portentous&mdash;was an event which the rulers of Ireland felt to be of
+critical importance. Following upon the Requiem Masses and the other
+processions, it amounted to a great public verdict which changed beyond
+all resistance the moral character of the Manchester trial and
+execution. If the procession could only have been called a &quot;Fenian&quot;
+demonstration, then indeed the government might hope to detract from its
+significance and importance. The sympathy of &quot;co-conspirators&quot; with
+fallen companions could not well be claimed as an index of general
+<i>public opinion</i>. But here was a demonstration notoriously apart from
+Fenianism, and it showed that a moral, a peaceable, a virtuous, a
+religious people, moved by the most virtuous and religious instincts,
+felt themselves coerced to execrate as a cowardly and revolting crime
+the act of state policy consummated on the Manchester gibbet. In fine,
+the country was up in moral revolt against a deed which the perpetrators
+themselves already felt to be of evil character, and one which they
+fain would blot for ever from public recollection.</p>
+
+<p>What was to be done? For the next ensuing Sunday similar demonstrations
+were announced in Killarney, Kilkenny, Drogheda, Ennis, Clonmel,
+Queenstown, Youghal, and Fermoy&mdash;the preparations in the first named
+town being under the direction of, and the procession about to be led
+by, a member of parliament, one of the most distinguished and
+influential of the Irish popular representatives&mdash;The O'Donoghue. What
+was to be done? Obviously, as the men had been hanged, there could be no
+halting halfway now. Having gone so far, the government seemed to feel
+that it must need go the whole way, and choke off, at all hazards, these
+inconvenient, these damnatory public protests. No man must be allowed to
+speak the Unutterable Words, which, like the handwriting on the wall in
+the banquetting hall of Belshazzar, seemed ever to be appearing before
+the affrighted consciences of Ireland's rulers. Be it right or be it
+wrong, be it justice or be it murder, the act must now be upheld&mdash;in
+fact, must not be alluded to. There must be <i>silence</i> by law, on what
+had been done beneath the Manchester gallows-tree.</p>
+
+<p>But here there presented itself a difficulty. Before the government had
+any idea that the public revulsion would become so alarmingly extensive,
+the responsible ministers of the crown, specifically interrogated on the
+point, had, as we have seen, declared the funeral processions not to be
+illegal, and how, now, could the government interpose to prevent them?
+It certainly was a difficulty which there was no way of surmounting save
+by a proceeding which in any country constitutionally governed would
+cost its chief authors their lives on impeachment. The government,
+notwithstanding the words of its own responsible chiefs&mdash;<i>on the faith
+of which the Dublin procession was held, and numerous others were
+announced</i>&mdash;decided to treat as illegal the proceedings they had but a
+week before declared to be <i>not</i> illegal; decided to prosecute the
+processionists who had acted on the government declarations; and decided
+to prevent, by sabre and cannon&mdash;by slaughter if necessary&mdash;the further
+processions announced in Killarney, Clonmel, Kilkenny, and elsewhere!</p>
+
+<p>On the evening of Thursday, the 12th December, Dublin city was flung
+into the most intense excitement by the issue of the following
+Government Proclamation:&mdash;</p>
+
+<hr style='width: 45%;' />
+
+<div class='blkquot'><h2>BY THE LORD LIEUTENANT AND COUNCIL OF IRELAND.</h2>
+
+<h2>A PROCLAMATION.</h2>
+
+<p>   ABERCORN.</p>
+
+<p>   Whereas it has been publicly announced that a meeting is to assemble
+   in the city of <i>Kilkenny</i>, and that a procession is to take place
+   there on Sunday, 15th day of December instant:</p>
+
+<p>   And whereas placards of the said intended meeting and procession have
+   been printed and circulated, stating that the said intended
+   procession is to take place in honour of certain men lately executed
+   in Manchester for the crime of murder, and calling upon Irishmen to
+   assemble in thousands for the said procession:</p>
+
+<p>   And whereas meetings and processions of large numbers of persons have
+   been already held and have taken place in different parts of the
+   United Kingdom of Great Britain and Ireland under the like pretence,
+   at some of which, and particularly at a meeting and procession in the
+   city of Dublin, language of a seditious and inflammatory character
+   has been used, calculated to excite discontent and disaffection in
+   the minds of her Majesty's subjects, and to create ill-will and
+   animosity amongst them, and to bring into hatred and contempt the
+   government and constitution of the country as by law established:</p>
+
+<p>   And whereas the said intended meeting and procession, and the objects
+   of the persons to be assembled, and take part therein, are not legal
+   or constitutional, but are calculated to bring into hatred and
+   contempt the government of the United Kingdom as by law established,
+   and to impede the administration of justice by intimidation, and the
+   demonstration of physical force.</p>
+
+<p>   Now we, the Lord Lieutenant and General Governor of Ireland, by and
+   with the advice of her Majesty's Privy Council in Ireland, being
+   satisfied that such meetings and processions as aforesaid can only
+   tend to serve the ends of factious, seditions, and traitorous
+   persons, and to the violation of the public peace, do hereby caution
+   and forewarn all persons whomsoever that they do abstain from
+   assembling at any such meeting, and from joining or taking part in
+   any such procession.</p>
+
+<p>   And we do hereby order and enjoin all magistrates and officers
+   entrusted with the preservation of the public peace, and others whom
+   it may concern, to aid and assist the execution of the law, in
+   preventing the said intended meeting and procession, and in the
+   effectual suppression of the same.</p>
+
+<p>   Given at the Council Chamber in Dublin, this Twelfth day of
+   December, 1807.</p>
+<br />
+
+<p>   RICHARD C. DUBLIN.
+   A. BREWSTER, C.
+   MAYO.
+   STRATHNAIRN.
+   FRED. SHAW.
+   R. KEATINGE.
+   WILLIAM KEOGH.
+   JOHN E. WALSH.
+   HEDGES EYRE CHATTERTON.
+   ROBERT R. WARREN.</p></div>
+
+<p>Everybody knew what this proclamation meant. It plainly enough announced
+that not only would the further demonstrations be prevented, but that
+the Dublin processionists were to feel &quot;the vengeance of the law&quot;&mdash;that
+is the vengeance of the Manchester executioners. Next day the city was
+beset with the wildest rumours as to the arrests to be made or the
+prosecutions to be commenced. Everyone seemed to conclude of course that
+Mr. John Martin, Mr. A.M. Sullivan, and the Honorary Secretaries of the
+Procession Committee, were on the crown prosecutor's list; but besides
+these the names of dozens of gentlemen who had been on the committee, or
+who had acted as stewards, marshals, &amp;c., at the funeral, were likewise
+mentioned. On Saturday it became known that late on the previous evening
+crown summonses had been served on Mr. J.J. Lalor, Dr. J.C. Waters, and
+Mr. James Scanlan, requiring them to attend on the following Tuesday at
+the Head Police Office to answer informations sworn against them for
+taking part in an &quot;illegal procession&quot; and a &quot;seditious assembly.&quot; A
+summons had been taken out also against Mr. Martin; but as he had left
+Dublin for home on Friday, the police officers proceeded after him to
+Kilbroney, and &quot;served&quot; him there on Saturday evening.</p>
+
+<p>Beside and behind this open move was a secret castle plot so utterly
+disreputable that, as we shall see, the Attorney-General, startled by
+the shout of universal execration which it elicited, sent his official
+representative into public court to repudiate it as far as <i>he</i> was
+concerned, and to offer a public apology to the gentlemen aggrieved by
+it. The history of that scandalous proceeding will appear in what
+follows.</p>
+
+<p>On Monday, 16th December, 1867, the Head Police Office, Exchange-court,
+Dublin, presented an excited scene. The daily papers of the day report
+the proceedings as follows:&mdash;</p>
+
+<div class='blkquot'><p>At one o'clock, the hour appointed by the summons, the defendants
+   attended in court, accompanied by their professional advisers and a
+   number of friends, including Alderman Plunkett, Mr. Butler, T.C.; the
+   Rev. P. Langan, P.P., Ardcath; A.M. Sullivan, T.C.; T.D. Sullivan,
+   J.J. Lalor, &amp;c. Mr. Dix and Mr. Allen, divisional magistrates,
+   presided. Mr. James Murphy, Q.C., instructed by Mr. Anderson,
+   represented the crown. Mr. Heron, Q.C., and Mr. Molloy appeared for
+   J.J. Lalor. Mr. Crean appeared for Dr. Waters. Mr. Scallan appeared
+   as solicitor for J.J. Lalor and for Dr. Waters.</p>
+
+<p>   It was generally understood, on arrival at the Head-office, that the
+   cases would be heard in the usual court up stairs, and, accordingly,
+   the defendants and the professional gentlemen waited in the court for
+   a considerable time after one o'clock. It was then stated that the
+   magistrates would sit in another court down stairs, and all the
+   parties moved towards the door for the purpose of going there. Then
+   another arrangement was made, that the change would not take place,
+   and the parties concerned thereupon returned to their places. But in
+   a few minutes it was again announced that the proceedings would be in
+   the court down stairs. A general movement was made again by
+   defendants, by counsel, by solicitors, and others towards that court,
+   but on arriving at the entrances they were guarded by detectives and
+   police. The benches, which ought to have been reserved for the bar
+   and solicitors, and also for the press, were occupied by detectives,
+   and for a considerable time great difficulty was experienced in
+   getting places.</p>
+
+<p>   Mr. George M'Dermott, barrister, applied to the magistrates to assign
+   a place for the members of the bar.</p>
+
+<p>   Mr. Dix&mdash;I don't know that the bar, unless they are engaged in the
+   cases, have any greater privilege than anyone else. We have a
+   wretched court here.</p>
+
+<p>   Mr. M'Dermott said the bar was entitled to have room made for them
+   when it could be done.</p>
+
+<p>   Mr. W.L. Hackett&mdash;All the seats should not be occupied by policemen
+   to the exclusion of the bar.</p>
+
+<p>   Mr. Scallan, solicitor, who spoke from the end of the table,
+   said&mdash;Your worships, I am solicitor for one of the traversers, and I
+   cannot get near my counsel to communicate with him. The court is
+   filled with detectives.</p>
+
+<p>   Mr. Molloy&mdash;My solicitor has a right to be here; I want my solicitor
+   to be near me.</p>
+
+<p>   Mr. Dix&mdash;Certainly; how can men defend their clients if they are
+   inconvenienced.</p>
+
+<p>   An appeal was then made to the detectives who occupied the side bar
+   behind the counsel to make way.</p>
+
+<p>   Mr. Murphy, Q.C., said one was a policeman who was summoned. Mr.
+   Dix&mdash;The police have no right to take seats.</p>
+
+<p>   The detectives then yielded, and the professional gentlemen and the
+   reporters were accommodated.</p>
+
+<p>   Mr. Dix then called the cases.</p>
+
+<p>   Mr. Molloy&mdash;I appear with Mr. Heron, Q.C., on behalf of J.J. Lalor.</p>
+
+<p>   Mr. Crean&mdash;I appear for Dr. Waters.</p>
+
+<p>   Mr. John Martin&mdash;I appear on behalf of myself.</p>
+
+<p>   Mr. Crean&mdash;I understand there is an impression that Dr. Waters has
+   been summoned, but he has not.</p>
+
+<p>   Mr. Dix&mdash;If he appears that cures any defect.</p>
+
+<p>   Mr. Crean&mdash;I appear on his behalf, but I believe his personal
+   attendance is necessary.</p>
+
+<p>   Mr. Dix&mdash;Does anyone appear for Mr. Scanlan?</p>
+
+<p>   There was no answer.</p>
+
+<p>   Mr. Murphy, Q.C.&mdash;I ask whether Dr. Waters and Mr. Lalor appear in
+   court.</p>
+
+<p>   Mr. Molloy&mdash;My client Mr. Lalor, is in court.</p>
+
+<p>   Mr. Crean&mdash;I believe my client is not in court.</p>
+
+<p>   Mr. Murphy, Q.C.&mdash;I will prove the service of the summons against Dr.
+   Waters. If there is any defect in the summons it can be remedied. I
+   will not proceed against any person who does not appear.</p>
+
+<p>   Mr. Dix&mdash;Am I to take it there is no appearance for Dr. Waters or Mr.
+   Scanlan?</p>
+
+<p>   Mr. Crean&mdash;I appear for Dr. Waters. I believe he is not in court. It
+   was stated in the newspapers that he was summoned, but I am
+   instructed he has not been summoned at all.</p></div>
+
+<p>Mr. Murphy, Q.C., then proceeded in a careful and precise address to
+state the case for the crown. When he had concluded, and was about
+calling evidence, the following singular episode took place:&mdash;</p>
+
+<div class='blkquot'><p>Mr. Dix&mdash;You only proceed against two parties?</p>
+
+<p>   Mr. Murphy&mdash;I shall only proceed against the parties who
+   attend&mdash;against those who do not attend I shall not give evidence.</p>
+
+<p>   Mr. John Martin&mdash;If I am in order I would say, to save the time of
+   the court and to save the public money, that I would be very glad to
+   offer every facility to the crown. I believe, Sir, you (to Mr.
+   Murphy) are the crown?</p>
+
+<p>   Mr. Murphy&mdash;I represent the crown.</p>
+
+<p>   Mr. Martin&mdash;I will offer every facility to the crown for establishing
+   the facts both as to my conduct and my words.</p>
+
+<p>   Mr. A.M. Sullivan&mdash;I also will help you to put up some one, as you
+   seem scarce of the accused. I have been summoned myself&mdash;</p>
+
+<p>   Mr. Dix&mdash;Who are you?</p>
+
+<p>   Mr. Sullivan&mdash;My name is Alexander M. Sullivan, and, meaning no
+   disrespect to either of the magistrates, I publicly refuse even to
+   be sworn. I was present at the funeral procession&mdash;I participated in
+   it openly, deliberately, heartily&mdash;and I denounce as a personal and
+   public outrage the endeavour to degrade the national press of this
+   country by attempting to place in the light of&mdash;</p>
+
+<p>   Mr. Dix&mdash;I cannot allow this. This is not a place for making
+   speeches. I understand you are not summoned here at all.</p>
+
+<p>   Mr. Murphy&mdash;He is only summoned as a witness.</p>
+
+<p>   Mr. Dix&mdash;When you (to Mr. Sullivan) are called on will be the time to
+   hear you, not now.</p>
+
+<p>   Mr. Sullivan&mdash;I ask your worship, with your usual courtesy, to hear
+   me while I complain publicly of endeavouring to place the editor of a
+   national journal on the list of crown witnesses in this court as a
+   public and personal indignity&mdash;and as an endeavour to destroy the
+   influence of that national press, whose power they feel and fear, but
+   which they dare not prosecute. I personally complain&mdash;</p>
+
+<p>   Mr. Murphy&mdash;I don't know that this should be permitted.</p>
+
+<p>   Mr. Sullivan&mdash;Don't interrupt me for a moment.</p>
+
+<p>   Mr. Dix&mdash;Mr. Sullivan wants to have himself included in the summons
+   and charge.</p>
+
+<p>   Mr. Murphy&mdash;That cannot be done at present.</p>
+
+<p>   Mr. Sullivan&mdash;With one sentence I will conclude.</p>
+
+<p>   Mr. Murphy&mdash;I don't intend to have you called as a witness&mdash;</p>
+
+<p>   Mr. Sullivan&mdash;It is an endeavour to accomplish my imprisonment for
+   contempt, when the government &quot;willing to wound, afraid to strike,&quot;
+   know that they dare not accuse me as a Fenian&mdash;</p>
+
+<p>   Mr. Dix&mdash;You are not here as a Fenian.</p>
+
+<p>   Mr. Sullivan&mdash;For a moment. Knowing well, your worship, that they
+   could not get in all Ireland a jury to convict me, to secure my
+   imprisonment openly and fairly, they do this. I now declare that I
+   participated in that funeral, and I defy those who were guilty of
+   such cowardice as to subpoena me as a crown witness (applause).</p>
+
+<p>   Mr. Crean&mdash;I perceive that my client, Dr. C. Waters, is now in court.
+   In order to facilitate business, I shall offer no further objection;
+   but, as a matter of fact, he was not summoned.</p></div>
+
+<p>Then the case proceeded, the police giving their evidence on the whole
+very fairly, and testifying that the procession was one of the most
+peaceable, orderly, solemn, and impressive public demonstrations ever
+seen in Dublin. Against Mr. Martin it was testified that he marched at
+the head of the procession arm-in-arm with Mr. A.M. Sullivan and another
+gentleman; and that he delivered the memorable speech at the cemetery
+gate. Against Dr. Waters and Mr. Lalor it was advanced that they were
+honorary secretaries of the funeral committee, and had moreover acted,
+the former as a marshal, the latter as a steward in the procession. It
+was found, however, that the case could not be closed that day; and
+accordingly, late in the evening, the magistrates intimated that they
+would adjourn over to next morning. Suddenly from the body of the court
+is heard a stentorian voice:&mdash;</p>
+
+<div class='blkquot'><p>Mr. Bracken&mdash;I am summoned here as a crown witness. My name is Thomas
+   Bracken. I went, heart and soul into that procession (applause)&mdash;</p>
+
+<p>   Mr. Anderson, junior&mdash;I don't know this gentleman.</p>
+
+<p>   Mr. Bracken&mdash;I am very proud that neither you nor any one like you
+   knows me (applause).</p>
+
+<p>   Mr. Dix&mdash;I cannot hear you.</p>
+
+<p>   Mr. Bracken&mdash;I have been brought here as a crown witness away from my
+   business, and losing my time here.</p>
+
+<p>   Mr. Donal Sullivan&mdash;I am another, and I avow myself in the same way.</p>
+
+<p>   Several voices&mdash;&quot;So am I.&quot;</p>
+
+<p>   Mr. Bracken&mdash;I want to know why I should be taken from my business,
+   by which I have to support my family, and put me before the eyes of
+   my countrymen as a crown witness (applause)? I went heart and soul
+   into the procession, and I am ready to do the same to-morrow, and
+   abide by the consequences (applause). It is curious that the
+   government should point me out as a crown witness.</p>
+
+<p>   Mr. Murphy&mdash;I ask for an adjournment till to-morrow.</p>
+
+<p>   Mr. Dix&mdash;It is more convenient to adjourn now.</p>
+
+<p>   Mr. Martin&mdash;I don't want to make any insinuations against the
+   gentlemen who represent the crown, nor against the police, but I
+   mention the fact, in order that they may relieve themselves from the
+   odium which would attach to them if they cannot explain it. This
+   morning a paragraph appears in one of the principal Dublin daily
+   papers, the <i>Irish Times</i>, in which it is said that I, John Martin,
+   have absconded; I must presume that the information was supplied to
+   that paper either by the crown representatives or by the police.</p>
+
+<p>   Mr. Murphy, Q.C.&mdash;It is right to state, so far as I am informed, that
+   an endeavour was made to serve Mr. Martin in Dublin. When the
+   summonses were issued he was not in Dublin, but had gone down to the
+   country, either to his own or the house of his brother, or&mdash;</p>
+
+<p>   Mr. Ross Todd, who sat beside Mr. Martin, here jumped up and said,
+   &quot;To his own house, sir, to his own house&quot;&mdash;</p>
+
+<p>   Mr. Murphy&mdash;Very well. A constable was sent down there, and saw Mr.
+   Martin, and he reported that Mr. Martin said he would attend
+   forthwith.</p>
+
+<p>   Mr. Dix&mdash;And he has done so?</p>
+
+<p>   Mr. Murphy&mdash;I have no other knowledge. It was briefed to me that Mr.
+   Martin said he would attend forthwith.</p>
+
+<p>   Mr. Martin&mdash;I am glad I have given the representatives of the crown
+   an opportunity of making that statement. But I cannot understand how,
+   when the representatives of the crown had the information, and when I
+   told the constables I would attend&mdash;as I have done at great
+   inconvenience and expense to myself&mdash;I cannot understand how a
+   newspaper should come to say I had absconded.</p>
+
+<p>   Mr. Murphy&mdash;I cannot understand it either; I can only tell the facts
+   within my own knowledge.</p>
+
+<p>   Mr. Molloy said it seemed very extraordinary that witnesses should be
+   summoned, and the crown say they were not.</p>
+
+<p>   Mr. Sullivan wished his summons to be examined. Did the magistrates
+   sign it?</p>
+
+<p>   Mr. Dix&mdash;Unless I saw the original I could not say.</p>
+
+<p>   Mr. J.J. Lalor&mdash;Sir John Gray has been summoned as a witness, too. It
+   is monstrous.</p>
+
+<p>   Sir John Gray, M.P.&mdash;I wish to state to your worship the unpleasant
+   circumstances under which I find myself placed. At an advanced hour
+   on Saturday I learned that the crown intended to summon as witnesses
+   for the prosecution some of the gentlemen connected with my
+   establishment. I immediately communicated with the crown prosecutor,
+   and said it was unfair towards these gentlemen to have them placed in
+   such an odious position, and that their refusal to act as crown
+   witnesses might subject them to serious personal consequences; I said
+   it would not be right of me to allow any of the gentlemen of my
+   establishment to subject themselves to the consequences of such
+   refusal, as I knew well they would all refuse. I suggested, if any
+   unpleasant consequences should follow, they should fall on the head
+   of the establishment alone (applause). I said &quot;summon me, and deal
+   with me.&quot; I am here now, sir, to show my respect for you personally
+   and for this court; but I wish to state most distinctly that I will
+   never consent to be examined as a crown witness (applause).</p>
+
+<p>   Mr. Anderson, jun., here interposed.</p>
+
+<p>   Sir John Gray&mdash;I beg your pardon. I am addressing the bench, and I
+   hope I won't be interrupted. Some of my family are going to-night to
+   England to spend the Christmas with my son. I intend to escort them.
+   I will not be here to-morrow. I wish distinctly to state so. If I
+   were here, my respect for you and the bench, would induce me to be
+   present, but I would be present only to declare what I have already
+   stated, that I would not consent to be sworn or to give any evidence
+   whatever in this prosecution. I think it right to add that I attach
+   no blame whatever to the police authorities in this transaction. They
+   have, I am sure, performed their duty in this case with that
+   propriety which has always characterised their conduct. Neither do I
+   attach any blame to the crown prosecutor. I simply desire to state,
+   with the most profound respect for the bench and the court, that I
+   will not be a witness (loud applause).</p>
+
+<p>   Mr. Anderson&mdash;We don't intend to examine Sir John Gray, but I wish to
+   say that if the police believed any one could give important
+   evidence, it is a new proposition to me that it is an indignity upon
+   a man to summon him as a crown witness&mdash;</p>
+
+<p>   Mr. A.M. Sullivan&mdash;I say it is an indignity, and that the crown
+   solicitor should not seek to shift the responsibility on the police,
+   who only do what they are told.</p>
+
+<p>   Mr. Anderson&mdash;I am not trying to shift anything.</p>
+
+<p>   Mr. Sullivan&mdash;You are. You are trying to shift the responsibility of
+   having committed a gross indignity upon a member of parliament, upon
+   myself, and upon many honest men here.</p>
+
+<p>   Several persons holding up summonses said &quot;hear, hear,&quot; and &quot;yes.&quot;</p>
+
+<p>   Mr. Sullivan&mdash;This I charge to have been done by Mr. Anderson as his
+   base revenge upon honest men who bade him defiance. Mr. Anderson must
+   answer for this conduct. It is a vile conspiracy&mdash;a plot against
+   honest men, who here now to his face tell him they scorn and defy him
+   (applause).</p>
+
+<p>   Mr. Dix&mdash;I adjourn the case till one o'clock to-morrow.</p>
+
+<p>   The proceedings were then adjourned.</p></div>
+
+<p>So far have we quoted from the <i>Freeman's Journal</i>. Of the closing scene
+<i>Saunders's News-Letter</i>, grieving sorely over such a fiasco, gives the
+following account:&mdash;</p>
+
+<div class='blkquot'><p>The adjournment of the court was attended with a scene of tumult and
+   disorder that was rarely, or never, witnessed in a police court, in
+   presence of the magistrates and a large number of police&mdash;both
+   inspectors and detectives. The crowd of unwilling witnesses who had
+   been summoned to give evidence against the defendants, clamorously
+   protested against being brought there as crown witnesses, avowed that
+   they were present taking part in the procession, and loudly declared
+   that they would not attend at any subsequent hearing of the case. The
+   latter part of the case indeed was marked with frequent interruptions
+   and declarations of a similar kind, often very vociferously uttered.
+   The proceedings terminated amid the greatest and unchecked disorder.</p></div>
+
+<p>In plain words, &quot;Scene I, Act I,&quot; in what was meant to be a most solemn,
+awe-inspiring government function, turned out an unmistakable farce, if
+not a disastrous break down. Even the government journals themselves,
+without waiting for &quot;Scene II.,&quot; (though coming off immediately) raised
+a shout of condemnation of the discreditable bungle, and demanded that
+it should be forthwith abandoned. Considering the course ultimately
+taken by the government, these utterances of the government organs
+themselves, have a serious meaning and are of peculiar importance. The
+ultra-orange <i>Evening Mail</i> (Tuesday, 17th December,) said:&mdash;</p>
+
+<div class='blkquot'><h3>THE POLICE-COURT SCENE.</h3>
+
+<p>   The scenes of yesterday in the Dublin police-court will cause an
+   astonished public to put the question, is the government insane? They
+   suppress the processions one day, and on the next proceed with
+   deliberation to destroy all possible effect from such an act by
+   inviting the magistrates' court to be used as a platform from whence
+   a fresh roar of defiance may be uttered. The originators of the
+   seditious demonstrations are charged with having brought the
+   government of the kingdom into hatred and contempt; but what step
+   taken, or word spoken or written, from the date of the first
+   procession to the last, brought the government into anything like the
+   &quot;contempt&quot; into which it plunged itself yesterday? The prosecutions
+   now instituted are in themselves an act of utter weakness. We so
+   declared when we imagined that they would be at least rationally
+   conducted; but what is to be said now? It is literally impossible to
+   give any sane explanation of the course taken in summoning as a crown
+   witness one who must have been known to be prepared to boast of his
+   participation in the procession. Mr. Sullivan boldly bearded the
+   prosecutors of his brethren. It was a splendid opportunity for him.
+   &quot;I was present (he said) at that funeral procession. I participated
+   in it, deliberately and heartily. I call this a personal and public
+   outrage, to endeavour to drag the national press of this country&mdash;&quot;.
+   Timid and ineffectual attempts were made by the magistrate to protect
+   his court and position from insult, but Mr. Sullivan had the field,
+   and would hold it. &quot;He might help the crown to put some one else up,&quot;
+   he said, &quot;as they are scarce, perhaps, in accused.&quot; The summoning of
+   him was, he resumed, an &quot;attempt to destroy the national press, whose
+   power the crown feels and fears, but which they dare not prosecute.&quot;
+   Mr. Sullivan was suffered to describe the conduct of the crown
+   prosecutors at another stage as an &quot;infamous plot.&quot; The government
+   desired &quot;to accomplish his imprisonment; they were willing to wound
+   but afraid to strike.&quot; &quot;They knew (he added) that they would not get
+   a jury in all Ireland to agree to convict me; and I now characterise
+   the conduct of the crown as base and cowardly.&quot; Another witness, in a
+   halting way, entered a like protest against being supposed to have
+   sympathy with the crown in the case; and the net result was a very
+   remarkable triumph for what Mr. Sullivan calls the &quot;national
+   press&quot;&mdash;a title wholly misapplied and grossly abused. Are we to have
+   a succession of these &quot;scenes in court?&quot;</p></div>
+
+<p><i>Saunders's News-Letter</i> of the same date dealt with the subject as
+follows:&mdash;</p>
+
+<div class='blkquot'><p>The first step in what appears to be a very doubtful proceeding was
+   taken yesterday by the law advisers of the crown. We refer to the
+   prosecution instituted against the leaders and organisers of the
+   Fenian procession which took place in this city on Sunday, the 8th
+   instant, in honour of the memories of the men executed at Manchester
+   for murder. As to the character of that demonstration we never
+   entertained any doubt. But it must be remembered that similar
+   demonstrations had taken place a week previously in London, in
+   Manchester, and in Cork, and that not only did the authorities not
+   interfere to prevent them, but that the prime minister declared in
+   the House of Lords that they were not illegal. Lord Derby doubtless,
+   intended to limit his observations to the violition of the Party
+   Processions Act, without pronouncing any opinion as to the legality
+   or illegality of the processions, viewed under another aspect, as
+   seditious assemblies. But his language was calculated to mislead,
+   and, as a matter of fact, was taken by the Fenian sympathisers as an
+   admission that their mock funeral processions were not unlawful. It
+   is not to be wondered at, therefore, however much to be deplored,
+   that the disaffected portion of the population should have eagerly
+   taken advantage of Lord Derby's declaration to make a safe display of
+   their sympathies and of their strength. They were encouraged to do so
+   by the toleration already extended towards their fellows in England
+   and in Cork, as well as by the statement of the prime minister. Under
+   these circumstances the prosecution of persons who took part in the
+   Dublin procession, even as organisers of that proceeding, appears to
+   us to be a matter of doubtful policy. Mr. John Martin, the leader of
+   the movement, stands in a different position from his companions.
+   They confined themselves to walking in the procession; he delivered
+   an inflammatory and seditious speech, for which he alone is
+   responsible, and which might have been made the subject of a separate
+   proceeding against him. To do Mr. Martin justice, he showed no desire
+   to shirk the responsibility he has incurred. At the police-court,
+   yesterday, he frankly avowed the part he had taken in the procession,
+   and offered to acknowledge the speech which he delivered on that
+   occasion. If, however, the policy which dictated the prosecution be
+   questionable, there can be no doubt at all as to the objectionable
+   manner in which some of the persons engaged in it have
+   acted&mdash;assuming the statement to be true that Mr. Sullivan,
+   proprietor and editor of the <i>Nation</i> newspaper, and Sir John Gray,
+   proprietor of the <i>Freeman's Journal</i>, have been summoned as crown
+   witnesses. Who is responsible for this extraordinary proceeding it is
+   at present impossible to say. Mr. Murphy, Q.C., the counsel for the
+   crown, declared that he did not intend to examine Mr. Sullivan; Mr.
+   Anderson, the son of the crown solicitor, who appears to be entrusted
+   with the management of these prosecutions, denied that he had
+   directed the summonses to be served, and Mr. Dix, the magistrate,
+   stated that he had not signed them. Tot Mr. Sullivan produced the
+   summons requiring him to attend as a witness, and in the strongest
+   manner denounced the proceeding as a base and cowardly attempt on the
+   part of the government to imprison for contempt of court, a
+   &quot;national journalist&quot; whom they dared not prosecute. Sir John Gray,
+   ill less violent language, complained of an effort having been made
+   to place some of the gentlemen in his employment in the &quot;odious
+   position of crown witnesses,&quot; and stated that he himself had been
+   subpoenaed, but would decline to give evidence. We have not concealed
+   our opinion as to the proper way of dealing with Mr. Sullivan. As the
+   weekly disseminator of most exciting and inflammatory articles, he is
+   doing much to promote disaffection and encourage Fenianism. In no
+   other country in the world would such writing be tolerated for a day;
+   and, assuredly it ought not to be permitted in Ireland in perilous
+   and exciting times like the present. But if Mr. Sullivan has offended
+   against the law, let him be proceeded against boldly, openly, and
+   fairly. He has, we think, a right to complain of being summoned as a
+   witness for the crown; but the government have even more reason to
+   complain of the conduct of their servants in exposing them by their
+   blunders to ridicule and contempt. It is too bad that with a large
+   and highly-paid staff of lawyers and attorneys the government
+   prosecutions should be conducted in a loose and slovenly manner. When
+   a state prosecution has been determined upon, every step ought to be
+   carefully and anxiously considered, and subordinate officials should
+   not be permitted by acts of officious zeal to compromise their
+   superiors and bring discredit on the administration of the law.</p></div>
+
+<p>The Liberal-Conservative <i>Irish Times</i> was still more outspoken:&mdash;</p>
+
+<div class='blkquot'><p>While all commend the recent action of the government, and give the
+   executive full credit for the repression by proclamation of
+   processions avowedly intended to be protests against authority and
+   law, it is generally regretted that prosecutions should have been
+   instituted against some of those who had taken part in these
+   processions. Had these menacing assemblages been held after the
+   proclamations were issued, or in defiance of the authorities, the
+   utmost power should have been exerted to put them down, and the
+   terrors of the law would properly have been invoked to punish the
+   guilty. But, bearing in mind the fact that these processions had been
+   declared by the head of the government&mdash;expressing, no doubt, the
+   opinion entertained at that time by the law officers of the crown,
+   that these processions were &quot;not illegal&quot;&mdash;remembering, too, that
+   similar processions had been already held without the slightest
+   intimation of opposition on the part of government; and recollecting,
+   also, that the proclamation was everywhere implicitly obeyed, and
+   without the least wish to dispute it, we cannot avoid regretting that
+   the government should have been advised, at the last hour, to
+   institute prosecutions of such a nature. Once, however, it was
+   determined to vindicate the law in this way, the utmost care should
+   have been taken to maintain the dignity of the proceedings, and to
+   avoid everything calculated to create annoyance, irritation, or
+   offence. If we except the moderate and very able speech of Mr.
+   Murphy, Q.C., there is no one part of the proceedings in the
+   police-court which merits commendation. Some of the witnesses utterly
+   broke down; opportunity was given for utterances not calculated to
+   increase respect for the law; and disloyal sentiments were boldly
+   expressed and cheered until the court rang again. Great and serious
+   as was the mistake in not obtaining an accurate legal opinion
+   respecting the character of these meetings at the first, and then
+   prohibiting them, a far greater mistake is now, we think, committed
+   in instituting <i>these retrospective prosecutions</i>. For this mistake
+   the law officers of the crown must, we infer, be held responsible.
+   Were they men of energy and vigour, with the necessary knowledge of
+   the world, they would not have suffered the executive to permit
+   processions first, and then prohibit them, and at the same time try
+   men for participating in what had been pronounced not to be illegal.
+   We exonerate the attorney-general from the error of summoning to give
+   evidence persons who openly gloried in the part they had taken in
+   these meetings. To command the presence of such witnesses was of the
+   nature of an offence. There was no ground, for instance, for
+   supposing that Mr. Sullivan would have played the informer against
+   the friends who had walked with him in the procession&mdash;such is not
+   his character, his feeling, or his sense of honour. The summoning of
+   those who had moved with, and as part of, the multitude, to give
+   evidence against their fellows, was not only a most injudicious, but
+   a futile expedient, and naturally has caused very great
+   dissatisfaction and annoyance. The circumstance, however, proves that
+   the prosecutions was instituted without that exact care and minute
+   attention to all particulars which are necessary in a case of this
+   kind.</p></div>
+
+<p>Even the <i>Daily Express</i>, the, all-but subsidised, if not the secretly
+subsidised, organ of the ultra-orange section of the Irish
+administration, had to own the discomfiture of its patrons:&mdash;</p>
+
+<div class='blkquot'><p>Are our police offices to become a kind of national journals court?
+   Is the &quot;national press of Ireland&quot; then and there to bid for the
+   support immediately of the gallery, and more remotely of that portion
+   of the population which is humourously called the Irish Nation? These
+   speculations are suggested by a curious scene which took place at the
+   inquiry at the police office yesterday, and which will be found
+   detailed in another column. Mr. Sullivan, the editor of the <i>Nation</i>,
+   seized the opportunity of being summoned as a witness, to denounce
+   the government for not including him in the prosecution. He
+   complained &quot;of endeavouring to place the editor of a national journal
+   on the list of crown witnesses in this court as a public and
+   personal indignity,&quot; and as an endeavour to destroy the influence of
+   the national press. It is certainly an open avowal to declare that
+   the mere placing of the name of the editor of a &quot;national&quot; journal
+   upon the list of crown witnesses is an unparalleled wrong. But Sir
+   John Gray was still more instructive. From him we learn that a
+   witness summoned to assist the crown in the prosecution of sedition
+   is placed in an &quot;odious position.&quot; Odious it may be, but in the eyes
+   of whom? Surely not of any loyal subject? A paid informer, or
+   professional spy, may be personally odious in the eyes of those who
+   make use of his services. But we have yet to learn how a subject who
+   is summoned to come forward to assist the government fills an odious
+   position in the opinion of his loyal fellow-subjects. We should
+   rather have supposed him to be entitled to their gratitude. However
+   that may be, Sir John Gray came gallantly to the rescue of several
+   &quot;gentlemen connected with his establishment,&quot; whom, he was informed,
+   the government intended to summon as witnesses. This, he knew, they
+   would all refuse. &quot;I suggested, if any unpleasant consequences should
+   follow, that they should fall on the head of the establishment
+   alone.&quot; He called upon the authorities to summon him. We do complain
+   of our police-courts being made the scenes of open avowals of
+   determination to thwart, or, at least, not to assist the government
+   in their endeavours to prosecute treason and sedition. We can imagine
+   no principle on which a subject could object to assisting the crown
+   as a witness, which, if followed to its logical consequences, would
+   not justify open rebellion. It is certainly a dangerous doctrine to
+   preach that it is allowable, nay, even praiseworthy in a subject to
+   refuse to give evidence when called upon to do so by the crown. There
+   is a disposition too prevalent in this country to regard the law as
+   an enemy, and opposition to it, either by passive obstruction or
+   active rebellion, as a praiseworthy and patriotic act. Can we wonder
+   at this when we hear opposition to constituted authority openly
+   preached by the instructors of &quot;the nation,&quot; and witness the
+   eagerness of the &quot;national press&quot; to free itself from the terrible
+   suspicion of coming to the assistance, even involuntarily, of the
+   government in its struggle with sedition and treason?</p></div>
+
+<p>It was amidst such an outburst of vexation and indignation as this, even
+from the government journals themselves, that the curtain rose next
+morning on Act II. in the Head Police Office. A very unique episode
+commenced the proceedings on this day also. At the resumption of the
+case, Mr. Murphy, Q.C., on behalf of the crown, said:&mdash;</p>
+
+<div class='blkquot'><p>Mr. Sullivan and some other gentlemen complained yesterday of having
+   been served with summonses to give evidence in those cases. I am
+   directed by the attorney-general to state that he regrets it, and
+   that it was done without his authority. He never gave any directions
+   to have those persons summoned, nor was it done by anyone acting
+   under his directions. It occurred in this way. General directions
+   were given to the police to summon parties to give evidence in order
+   to establish the charge against those four gentlemen who are summoned
+   for taking an active part in the procession. The police, in the
+   exercise of their discretion thought it might be necessary to summon
+   parties who took part in the procession, but there was no intention
+   on the part of those aiding on behalf of the crown to summon parties
+   to give evidence who themselves took part in the procession, and I am
+   sorry it occurred.</p>
+
+<p>   Mr. Dix&mdash;I may mention that a magistrate when signing a summons knows
+   nothing of the witnesses. If they were all living in Jamacia he
+   merely signs it as a matter of form.</p>
+
+<p>   Mr. A.M. Sullivan&mdash;I thank your worship and Mr. Murphy, and I think
+   it will be seen that had your worship not allowed me yesterday to
+   make the protest I did, the attorney-general would not have the
+   opportunity of making the disclaimer which it became the dignity of
+   the government to make. The aspect of the case yesterday was very
+   adverse towards Sir John Gray, myself, and other gentlemen. Although
+   my brother signed his name to the notice, he was not summoned as
+   principal but as a witness, but if necessary, he was determined to
+   stand side by side in the dock with Mr. Martin.</p>
+
+<p>   Mr. Allen&mdash;I am very glad of the explanation, because I was blamed
+   for allowing persons making speeches here yesterday. I think if a man
+   has any ground of complaint the sooner it is set right the better.</p>
+
+<p>   Mr. Sullivan&mdash;I have to thank the bench.</p>
+
+<p>   Mr. Allen&mdash;I am glad that a satisfactory arrangement has been come to
+   by all parties, because there is an objection entertained by some
+   persons to be brought into court as witnesses for the crown.</p>
+
+<p>   Mr. Sullivan&mdash;Especially a public journalist.</p>
+
+<p>   Mr. Allen&mdash;Quite so.</p>
+
+<p>   Mr. Heron then proceeded to cross-examine the witness.</p></div>
+
+<p>It was elicited from the government reporter, that, by a process which
+he called &quot;throwing in the vowels,&quot; he was able to make Mr. Martin's
+speech read sufficiently seditious. Mr. D.C. Heron, Q.C., then addressed
+the court on behalf of Mr. J.J. Lalor; and Mr. Michael Crean, barrister,
+on behalf of Dr. Waters. Mr. Martin, on his own behalf, then spoke as
+follows:&mdash;</p>
+
+<div class='blkquot'><p>I admit I attended the procession. I admit also that I spoke words
+   which I consider very grave and serious words upon that occasion. For
+   my acts on that occasion, for the sense and intention of the words I
+   spoke on that occasion, I am perfectly willing to be put upon my
+   country. Not only for all my acts on that occasion&mdash;not only for the
+   words which I spoke on that occasion; but for all my acts or all the
+   words I either spoke or wrote, publicly or privately, upon Irish
+   politics, I am perfectly willing to be put upon my country. In any
+   free country that has real constitutional institutions to guarantee
+   the liberty of the subject&mdash;to guarantee the free trial of the
+   subject charged with an offence against either the state or his
+   neighbour, it would be quite absurd to expect a man could be put upon
+   his country and convicted of a crime for doing that and using such
+   words as the vast majority of his fellow-countrymen approve. In this
+   case I believe that a vast majority of my fellow-countrymen do not
+   disapprove of the acts I acknowledge on that occasion, and that they
+   sympathise in the sentiment of the words I then spoke. Therefore the
+   mere fact that a prosecution is preferred against me for that act,
+   and for those words, is the expression of an opinion on my part that
+   this country does not at present enjoy real constitutional
+   institutions, guaranteeing a free trial&mdash;guaranteeing that the man
+   accused shall be really put upon his country. Therefore it is absurd
+   to think that any twelve honest men, my neighbours, put upon their
+   oaths, would declare that to be a crime which it is probable that, at
+   least, four-fifths of them believe to be right&mdash;right both
+   constitutionally and morally. I am aware&mdash;we are all aware&mdash;that the
+   gentlemen who represent the crown in this country, have very powerful
+   means at their disposal for obtaining convictions in the form of law
+   and in the form of justice, of any person they think proper to
+   accuse; and without meaning either to sneer or to joke in this
+   matter, I acknowledge the moderation of the gentlemen who represent
+   the government, since they chose to trouble themselves with me at
+   all. I acknowledge their moderation in proposing to indict me now for
+   sedition, for the language which they say I used, because it is
+   possible for them, with the means at their disposal, to have me
+   convicted for murder, or burglary, or bigamy (laughter). I am sorry
+   to say what seems like a sneer, but I use the words in deep and
+   solemn seriousness, and I say no more than I am perfectly ready to be
+   tried fairly or foully (applause in court).</p></div>
+
+<p>The magistrates reserved their decision till next day; so that there
+might be decent and seemly pause for the purpose of looking up and
+pondering the legal precedents, as the legal fiction would have it; and
+on next day, they announced that they would send all the accused for
+trial to the next Commission at Green-street, to open on the 10th
+February, 1868. The several traversers, however, were required to enter
+merely into their own recognizances in &pound;500 each to appear for trial.</p>
+
+<p>In this police court proceeding the government, confessedly, were
+morally worsted&mdash;utterly humiliated, in fact. So far from creating awe
+or striking terror, the prosecution had evoked general contempt, scorn,
+and indignation. To such an extent was this fact recognised, that the
+government journals themselves, as we have seen, were amongst the
+loudest in censuring the whole proceeding, and in supporting the general
+expectation that there was an end of the prosecution.</p>
+
+<p>Not so however was it to be. The very bitterness of the mortification
+inflicted upon them by their &quot;roll in the dust&quot; on their first legal
+encounter with the processionists, seemed to render the crown officials
+more and more vindictive. It was too galling to lie under the public
+challenge hurled at them by Mr. Bracken, Mr. O'Reilly, and Mr. Sullivan.
+After twelve days' cogitation, government made up its mind to strike.</p>
+
+<p>On Saturday, 28th December, 1867&mdash;just as everyone in Ireland seemed to
+have concluded that, as the Conservative journals said, there was &quot;an
+end of&quot; the foolish and ill-advised funeral prosecutions&mdash;Mr. Sullivan,
+Mr. Bracken (one of the funeral stewards), Mr. Jennings, of Kingstown
+(one of the best known and most trusted of the nationalists of
+&quot;Dunleary&quot; district). Mr. O'Reilly, (one of the mounted marshals at the
+procession), and some others, were served with citations to appear on
+Monday the 30th, at the Head Police Office, to answer charges identical
+with those preferred on the 16th against Mr. Martin, Dr. Waters, and Mr.
+Lalor.</p>
+
+<p>Preliminary prosecution No. 2 very much resembled No. 1. Mr. Murphy,
+Q.C. stated the crown case with fairness and moderation; and the police,
+as before, gave their evidence like men who felt &quot;duty&quot; and &quot;conscience&quot;
+in sore disagreement on such an occasion. Mr. Jennings and Mr. O'Reilly
+were defended, respectively, by Mr. Molloy and Mr. Crean; two advocates
+whose selection from the junior bar for these critical and important
+public cases was triumphantly vindicated by their conduct from the
+first to the last scene of the drama. Mr. Sullivan, Mr. Bracken, and the
+other accused, were not represented by counsel. On the first-named
+gentleman (Mr. Sullivan) being formally called on, he addressed the
+court at some length. He said:&mdash;</p>
+
+<div class='blkquot'><p>Please your worship, had the officials of the crown adopted towards
+   me, in the first instance, the course which they have taken upon the
+   present occasion, and had they not adopted the singular course which
+   they pursued in my regard when I last appeared in this court, I
+   should trouble you with no observations. For, as one of the 50,000
+   persons who, on the 8th of December, in this city, publicly,
+   lawfully, and peacefully demonstrated their protest against what they
+   believed to have been a denial of law and an outrage on justice, I
+   should certainly waste no public time in this preliminary
+   investigation, but rather admit the facts as you perceive I have done
+   to-day, and hasten the final decision on the issues really knit
+   between us and the crown. What was the course adopted by the crown in
+   the first instance against me? They had before them, on the 9th, just
+   as well as on the 29th&mdash;it is in evidence that they had&mdash;the fact
+   that I, openly and publicly, took part in that demonstration&mdash;that
+   sorrowful and sad protest against injustice (applause). They had
+   before them then as much as they had before them to-day, or as much
+   as they will ever have affecting me. For, whatever course I take in
+   public affairs in this country, I conceal nothing, I take it
+   publicly, openly, and deliberately. If I err, I am satisfied to abide
+   the consequences; and, whenever it may suit the weathercock judgment
+   of Lord Mayo, and his vacillating law advisers, to characterise my
+   acts or my opinion as illegal, seditious, heretical, idolatrous, or
+   treasonable, I must, like every other subject, be content to take my
+   chance of their being able to find a jury sufficiently facile or
+   sufficiently stupid to carry out their behests against me. But they
+   did not choose that course at first. They did not summon me as a
+   principal, but they subpoenaed me as a witness&mdash;as a crown
+   witness&mdash;against some of my dearest, personal, and public friends.
+   The attorney-general, whose word I most fully and frankly accept in
+   the matter&mdash;for I would not charge him with being wanting in personal
+   truthfulness&mdash;denied having had any complicity in the course of
+   conduct pursued towards me; but where does he lay the responsibility?
+   On &quot;the police.&quot; What is the meaning of that phrase, &quot;the police?&quot; He
+   surely does not mean that the members of the force, who parade our
+   streets, exercise viceregal functions (laughter). Who was this person
+   thus called the &quot;police?&quot; How many degrees above or below the
+   attorney-general are we to look for this functionary described as
+   &quot;the police,&quot; who has the authority to have a &quot;seditious&quot; man&mdash;that
+   is the allegation&mdash;a seditious man&mdash;exempted from prosecution? The
+   police cannot do that. Who, then? Who was he that could draw the
+   line between John Martin and his friend A.M. Sullivan&mdash;exempt the
+   one, prosecute the other&mdash;summon the former as a defendant and
+   subpoena the latter as a crown witness? What was the object? It is
+   plain. There are at this moment, I am convinced&mdash;who doubts
+   it?&mdash;throughout Ireland, as yet unfound out, Talbots and Corridons in
+   the pay of the crown acting as Fenian centres, who, next day, would
+   receive from their employers directions to spread amongst my
+   countrymen the intelligence that I had been here to betray my
+   associate, John Martin (applause). But their plot recoiled&mdash;their
+   device was exposed; public opinion expressed its reprobation of the
+   unsuccessful trick; and now they come to mend their hand. The men who
+   were exempted before are prosecuted to-day. Now, your worships, on
+   this whole case&mdash;on this entire procedure&mdash;I deliberately charge that
+   not we, but the government, have violated the law. I charge that the
+   government are well aware that the law is against them&mdash;that they are
+   irresistibly driven upon this attempt to strain and break the law
+   against the constitutional right and liberty of the subject by their
+   mere party exigencies and necessities.</p></div>
+
+<p>He then reviewed at length the bearing of the Party Processions Act upon
+the present case; and next proceeded to deal with the subject of the
+Manchester executions; maintaining that the men were hanged, as were
+others before them, in like moments of national passion and frenzy, on a
+false evidence and a rotten verdict. Mr. Sullivan proceeded:&mdash;</p>
+
+<div class='blkquot'><p>It is because the people love justice and abhor injustice&mdash;because
+   the real crime of those three victims is believed to have been
+   devotion to native land&mdash;that the Catholic churches of Ireland
+   resound with prayers and requiem hymns, and the public highways were
+   lined with sympathising thousands, until the guilty fears of the
+   executioners proclaimed it illegal to mourn. Think you, sir, if the
+   crown view of this matter were the true one, would the Catholic
+   clergy of Ireland&mdash;they who braved fierce and bitter unpopularity in
+   reprehending the Fenian conspiracy at a time when Lord Mayo's organ
+   was patting it on the back for its 'fine Sardinian spirit'&mdash;would
+   these ministers of religion drape their churches for three common
+   murderers? I repel as a calumnious and slanderous accusation against
+   the Catholic clergy of Ireland this charge, that by their mourning
+   for those three martyred Irishmen, they expressed sympathy, directly
+   or indirectly, with murder or life-taking. If an act be seditious, it
+   is not the less illegal in the church than in the graveyard, or on
+   the road to the cemetery. Are we, then, to understand that our
+   churches are to be invaded by bands of soldiery, and our priests
+   dragged from the altars, for the seditious crime of proclaiming
+   aloud their belief in the innocence of Allen, Larkin, and O'Brien?
+   This, sir, is what depends on the decision in this case, here or
+   elsewhere. All this and more. It is to be decided whether, in their
+   capacity of Privy Councillors, the judges of the land shall put forth
+   a proclamation the legality or binding force of which they will
+   afterwards sit as judges to try. It is whether, there being no
+   constitution now allowed to exist in the country, there is to be no
+   law save what a Castle proclamation will construct, permit, or
+   decree; no mourning save what the police will license; no
+   demonstration of opinion save whatever accords with the government
+   views. We hear much of the liberties enjoyed in this country. No
+   doubt, we have fine constitutional rights and securities, until the
+   very time they are most required. When we have no need to invoke
+   them, they are permitted to us; but at the only time when they might
+   be of substantial value, they are, as the phrase goes, &quot;suspended.&quot;
+   Who, unless in times of governmental panic, need apprehend
+   unwarranted arrest? When else is the <i>Habeas Corpus</i> Act of such
+   considerable protection to the subject? When, unless when the crown
+   seeks to invade public liberty, is the purity and integrity of trial
+   by jury of such value and importance in political cases? Yet all the
+   world knows that the British government, whenever such a conflict
+   arises, juggles and packs the jury&mdash;</p>
+
+<p>   Mr. Dix&mdash;I really cannot allow that language to be used in this
+   court, Mr. Sullivan, with every disposition to accord you, as an
+   accused person, the amplest limits in your observations. Such
+   language goes beyond what I can permit&mdash;</p>
+
+<p>   Mr. Sullivan&mdash;I, at once, in respect for your worship, retract the
+   word juggle. I will say the crown manipulates the jury.</p>
+
+<p>   Mr. Dix&mdash;I can't at all allow this line of comment to be pursued&mdash;</p>
+
+<p>   Mr. Sullivan&mdash;With all respect for your worship, and while I am ready
+   to use any phrase most suitable for utterance here, I will not give
+   up my right to state and proclaim the fact, however unpalatable, when
+   it is notoriously true. I stand upon my rights to say, that you have
+   all the greater reason to pause, ere you send me, or any other
+   citizen, for trial before a jury in a crown prosecution at a moment
+   like the present, when trial by jury, as the theory of the
+   constitution supposes it, does not exist in the land. I say there is
+   now notoriously no fair trial by jury to be had in this country, as
+   between the subject and the crown. Never yet, in an important
+   political case, have the government in this country dared to allow
+   twelve men indifferently chosen, to pass into the jury-box to try the
+   issue between the subject and the crown. And now, sir, if you send
+   the case for trial, and suppose the government succeed by the juries
+   they are able to empanel here, with 'Fenian' ticketed on the backs of
+   the accused by the real governors of the country&mdash;the Heygates and
+   the Bruces&mdash;and if it is declared by you that in this land of
+   mourning it has become at last criminal even to mourn&mdash;what a victory
+   for the crown! Oh, sir, they have been for years winning such
+   victories, and thereby manufacturing conspiracies&mdash;driving people
+   from the open and legitimate expression of their sentiments into
+   corners to conspire and to hide. I stand here as a man against whom
+   some clamour has been raised for my efforts to save my countrymen
+   from the courses into which the government conduct has been driving
+   them, and I say that there is no more revolutionary agent in the land
+   than that persecution of authority which says to the people, &quot;When we
+   strike you, we forbid you to weep.&quot; We meet the crown, foot to foot,
+   on its case here. We say we have committed no offence, but that the
+   prosecution against us has been instituted to subserve their party
+   exigencies, and that the government is straining and violating the
+   law. We challenge them to the issue, and even should they succeed in
+   obtaining from a crown jury a verdict against us, we have a wider
+   tribunal to appeal to&mdash;the decision of our own consciences and the
+   judgment of humanity (applause).</p>
+
+<p>   Mr. Murphy, Q.C., briefly replied. He asked his worship not to decide
+   that the procession was illegal, but that this case was one for a
+   court of law and a jury.</p></div>
+
+<p>On this occasion it was unnecessary for Mr. Dix to take any &quot;time to
+consider his decision.&quot; All the accused were bound over in their own
+recognizances to stand their trials at the forthcoming Commission in
+Green-street court, on the 10th of February, 1868.</p>
+
+<p>The plunge which the crown officials had shivered so long before
+attempting had now been taken, and they determined to go through with
+the work, <i>a l'outrance</i>. In the interval between the last police-court
+scene described above, and the opening of the Green-street Commission,
+in February, 1868, prosecutions were directly commenced against the
+<i>Irishman</i> and the <i>Weekly News</i> for seditious writing. In the case of
+the former journal the proprietor tried some skilfully-devised
+preparatory legal moves and manoeuvers, not one of which of course
+succeeded, though their justice and legality were apparent enough. In
+the case of the latter journal&mdash;the <i>Weekly News</i>&mdash;the proprietor raised
+no legal point whatsoever. The fact was that when he found the crown not
+content with <i>one</i> state prosecution against him (that for the funeral
+procession), coming upon him with <i>a second</i>, he knew his doom was
+sealed. He very correctly judged that legal moves would be all in
+vain&mdash;that his conviction, <i>per fas aut ne fas</i>, was to be
+obtained&mdash;that a jury would be packed against him&mdash;and that consequently
+the briefest and most dignified course for him would be to go straight
+to the conflict and meet it boldly.</p>
+
+<p>On Monday, 10th February, 1868, the commission was opened in
+Green-street, Dublin, before Mr. Justice Fitzgerald and Baron Deasy.
+Soon a cunning and unworthy legal trick on the part of the crown was
+revealed. The prosecuted processionists and journalists had been
+indicted in the <i>city</i> venue, had been returned for trial to the <i>city</i>
+commission by a <i>city</i> jury. But the government at the last moment
+mistrusted a city jury in this instance&mdash;even a <i>packed</i> city jury&mdash;and
+without any notice to the traversers, sent the indictments before the
+<i>county</i> grand jury, so that they might be tried by a jury picked and
+packed from the anti-Irish oligarchy of the Pale. It was an act of gross
+illegality, hardship, and oppression. The illegality of such a course
+had been ruled and decided in the case of Mr. Gavan Duffy in 1848. But
+the point was raised vainly now. When Mr. Pigott, of the <i>Irishman</i>, was
+called to plead, his counsel (Mr. Heron, Q.C.) insisted that he, the
+traverser, was now in custody of the <i>city</i> sheriff in accordance with
+his recognizances, and could not without legal process be removed to the
+county venue. An exciting encounter ensued between Mr. Heron and the
+crown counsel, and the court took till next day to decide the point.
+Next morning it was decided in favour of the crown, and Mr. Pigott was
+about being arraigned, when, in order that he might not be prejudiced by
+having attended pending the decision, the attorney-general said, &quot;he
+would shut his eyes to the fact that that gentleman was now in court,&quot;
+and would have him called immediately&mdash;an intimation that Mr. Pigott
+might, if advised, try the course of refusing to appear. He did so
+refuse. When next called, Mr. Pigott was not forthcoming, and on the
+police proceeding to his office and residence that gentleman was not to
+be found&mdash;having, as the attorney-general spitefully expressed it, &quot;fled
+from justice.&quot; Mr. Sullivan's case, had, of necessity, then to be
+called; and this was exactly what the crown had desired to avoid, and
+what Mr. Heron had aimed to secure. It was the secret of all the
+skirmishing. A very general impression prevailed that the crown would
+fail in getting a jury to convict Mr. Sullivan on any indictment
+tinctured even ever so faintly with &quot;Fenianism;&quot; and it was deemed of
+great importance to Mr. Pigott's case to force the crown to begin with
+the one in which failure was expected&mdash;Mr. Sullivan having intimated his
+perfect willingness to be either pushed to the front or kept to the
+last, according as might best promise to secure the discomfiture of the
+government. Mr. Heron had therefore so far out-manoeuvered the crown.
+Mr. Sullivan appeared in court and announced himself ready for trial,
+and the next morning was fixed for his arraignment. Up to this moment,
+that gentleman had expressed his determination not only to discard legal
+points, but to decline ordinary professional defence, and to address the
+jury in his own behalf. Now, however, deferring to considerations
+strongly pressed on him (set forth in his speech to the jury in the
+funeral procession case), he relinquished this resolution; and, late on
+the night preceding his trial, entrusted to Mr. Heron, Q.C., Mr. Crean,
+and Mr. Molloy, his defence on this first prosecution.</p>
+
+<p>Next morning, Saturday, 15th February, 1868, the trial commenced; a jury
+was duly packed by the &quot;stand-by&quot; process, and notwithstanding a charge
+by Justice Fitzgerald, which was, on the whole one of the fairest heard
+in Ireland in a political case for many years, Mr. Sullivan was duly
+convicted of having, by pictures and writings in his journal the <i>Weekly
+News</i>, seditiously brought the crown and government into hatred and
+contempt.</p>
+
+<p>The government officials were jubilant. Mr. Pigott was next arraigned,
+and after an exceedingly able defence by Mr. Heron, was likewise
+convicted.</p>
+
+<p>It was now very generally concluded that the government would be
+satisfied with these convictions, and would not proceed with the funeral
+procession cases. At all events, it was universally regarded as certain
+that Mr. Sullivan would not be arraigned on the second or funeral
+procession indictment, as he now stood convicted on the other&mdash;the press
+charge. But it was not to be so. Elate with their success, the crown
+officials thought they might even discard their doubts of a city jury;
+and on Thursday morning, 20th February, 1868, John Martin, Alexander M.
+Sullivan, Thomas Bracken, and J.J. Lalor,
+<a href='#Footnote_A_3' name='FNanchor_A_3'><sup>[A]</sup></a>
+were formally arraigned in
+the <i>city</i> venue.</p>
+
+<p><a href='#FNanchor_A_3' name='Footnote_A_3'>[A]</a>Dr. Waters, in the interval since his
+committal on this charge, had been arrested, and was now imprisoned,
+under the Suspension of the <i>Habeas Corpus</i> Act. He was not brought to
+trial on the procession charge.</p>
+
+<p>It was a scene to be long remembered, that which was presented in the
+Green-street court-house on that Thursday morning. The dogged
+vindictiveness of the crown officials, in persisting with this second
+prosecution, seemed to have excited intense feeling throughout the city,
+and long before the proceedings opened the court was crowded in every
+part with anxious spectators. When Mr. Martin entered, accompanied by
+his brother-in-law, Dr. Simpson, and Mr. Ross Todd, and took his seat at
+the travelers' bar, a low murmur of respectful sympathy, amounting to
+applause, ran through the building. And surely it was a sight to move
+the heart to see this patriot&mdash;this man of pure and stainless life, this
+man of exalted character, of noble soul, and glorious
+principles&mdash;standing once more in that spot where twenty years before he
+stood confronting the same foe in the same righteous and holy
+cause&mdash;standing once more at that bar whence, twenty years before, he
+was led off manacled to a felon's doom for the crime of loving Ireland!
+Many changes had taken place in the interval, but over the stern
+integrity of <i>his</i> soul time had wrought no change. He himself seemed to
+recall at this moment his last &quot;trial&quot; scene on this spot, and, as he
+cast his gaze around, one could detect on his calm thoughtful face
+something of sadness, yet of pride, as memory doubtless pictured the
+spectacle of twenty years ago.</p>
+
+<p>Mr. Sullivan, Mr. Bracken, and Mr. Lalor, arrived soon after, and
+immediately the judges appeared on the bench the proceedings began.</p>
+
+<div class='blkquot'><p>On their lordships, Mr. Justice Fitzgerald and Mr. Baron Deasy,
+   taking their seats upon the bench,</p>
+
+<p>   Mr. Smartt (deputy clerk of the crown) called upon John Martin,
+   Alexander M. Sullivan, John J. Lalor, and Thomas Bracken, to come and
+   appear as they were bound to do in discharge of their recognizances.</p>
+
+<p>   All the traversers answered.</p>
+
+<p>   Mr. Smartt then proceeded to arraign the traversers under an
+   indictment charging in the first count&mdash;&quot;That John Martin, John C.
+   Waters, John J. Lalor, Alexander M. Sullivan, and Thomas Bracken,
+   being malicious, seditious, and ill-disposed persons, and intending
+   to disturb the peace and tranquillity of the realm, and to excite
+   discontent and disaffection, and to excite the subjects of our Lady
+   the Queen in Ireland to hatred and dislike of the government, the
+   laws, and the administration of the laws of this realm, on the 8th
+   day of December, in the year of our Lord, 1867, unlawfully did
+   assemble and meet together with divers other persons, amounting to a
+   large number&mdash;to wit, fifteen thousand persons&mdash;for the purpose of
+   exciting discontent and disaffection, and for the purpose of exciting
+   her Majesty's subjects in Ireland to hatred of her government and the
+   laws of this realm, in contempt of our Lady the Queen, in open
+   violation of the laws of this realm, and against the peace of our
+   Lady the Queen, her crown and dignity.&quot; The second count charged that
+   the defendants intended &quot;to cause it to be believed that the three
+   men who had been duly tried, found guilty, and sentenced, according
+   to law, for murder, at Manchester, in England, had been illegally and
+   unjustly executed; and to excite hatred, dislike, and disaffection
+   against the administration of justice, and the laws of this realm,
+   for and in respect of the execution of the said three men.&quot; A third
+   count charged the publication at the unlawful assembly laid in the
+   first and second counts of the false and seditious words contained in
+   Mr. John Martin's speech. A fourth and last count was framed under
+   the Party Processions' Act, and charged that the defendants &quot;did
+   unlawfully meet, assemble, and parade together, and were present at
+   and did join in a procession with divers others, and did bear, wear,
+   and have amongst them in said procession certain emblems and symbols,
+   the display whereof was calculated to and did tend to provoke
+   animosity between different classes of her Majesty's subjects,
+   against the form of the statute in such case made and provided, and
+   against the peace of our Lady the Queen, her crown and dignity.&quot;</p>
+
+<p>   The traversers severally pleaded not guilty.</p>
+
+<p>   The Attorney-General, the Solicitor-General, Dr. Ball, Q.C.; Mr.
+   Charles Shaw, Q.C.; Mr. James Murphy, Q.C.; Mr. R.H. Owen, Q.C.; and
+   Mr. Edward Beytagh, instructed by Mr. Anderson, Crown Solicitor,
+   appeared to prosecute.</p>
+
+<p>   Mr. Martin, Mr. Sullivan, and Mr. Bracken were not professionally
+   assisted.</p>
+
+<p>   Mr. Michael T. Crean, instructed by Mr. John T. Scallan, appeared for
+   Mr. Lalor.</p></div>
+
+<p>And now came the critical stage of the case. <i>Would the crown pack the
+jury?</i> The clerk of the crown began to call the panel, when&mdash;</p>
+
+<div class='blkquot'><p>John Keegan was called and ordered to stand by on the part of the
+   crown.</p>
+
+<p>   Mr. Sullivan&mdash;My lord, have I any right to challenge?</p>
+
+<p>   Mr. Justice Fitzgerald&mdash;You have Mr. Sullivan, for cause.</p>
+
+<p>   Mr. Sullivan&mdash;And can the crown order a juror to stand by without a
+   cause assigned?</p>
+
+<p>   Mr. Justice Fitzgerald&mdash;The crown has a right to exercise that
+   privilege.</p>
+
+<p>   Mr. Sullivan&mdash;Well, I will exercise no challenge, for cause or
+   without cause. Let the crown select a jury now as it pleases.</p>
+
+<p>   Subsequently George M'Cartney was called, and directed to stand by.</p>
+
+<p>   Patrick Ryan was also ordered to stand by.</p>
+
+<p>   Mr. Martin&mdash;I protest against this manner of selecting a jury. I do
+   so publicly.</p>
+
+<p>   J.J. Lalor&mdash;I also protest against it.</p>
+
+<p>   Thomas Bracken&mdash;And I also.</p></div>
+
+<p>The sensation produced by this scene embarrassed the crown officials not
+a little. It dragged to light the true character of their proceeding.
+Eventually the following twelve gentlemen were suffered by the crown to
+pass into the box as a &quot;jury&quot;&mdash;[Footnote: Not one Catholic was allowed
+to pass into the box. Every Catholic who came to the box was ordered to
+&quot;<i>Stand by</i>.&quot;]</p>
+
+<div class='blkquot'><p>SAMUEL EAKINS, Foreman.
+   WILLIAM DOWNES GRIFFITH.
+   EDWARD GATCHELL.
+   THOMAS MAXWELL HUTTON.
+   MAURICE KERR.
+   WILLIAM LONGFIELD.
+   JOSEPH PURSER.
+   THOMAS PAUL.
+   JAMES REILLY.
+   JOHN GEORGE SHIELS.
+   WILLIAM O'BRIEN SMYTH.
+   GEORGE WALSH.</p></div>
+
+<p>The Solicitor-General, Mr. Harrison, stated the case for the
+prosecution. Next the police repeated their evidence&mdash;their description
+of the procession&mdash;as given before the magistrates, and the government
+short-hand writer proved Mr. Martin's speech. The only witnesses now
+produced who had not testified at the preliminary stage were a
+Manchester policeman named Seth Bromley, who had been one of the van
+escort on the day of the rescue, and the degraded and infamous crown
+spy, Corridon. The former&mdash;eager as a beagle on the scent to run down
+the prey before him&mdash;left the table amidst murmurs of derision and
+indignation evoked by his over-eagerness on his direct examination, and
+his &quot;fencing&quot; and evasion on cross-examination. The spy Corridon was
+produced &quot;to prove the existence of the Fenian conspiracy.&quot; Little
+notice was taken of him. Mr. Crean asked him barely a trivial question
+or two. Mr. Martin and Mr. Sullivan, when asked if they desired to
+cross-examine him, replied silently by gestures of loathing; and the
+wretch left the table&mdash;crawled from it&mdash;like a crippled murderer from
+the scene of his crime.</p>
+
+<p>This closed the case for the crown, and Mr. Crean, counsel for Mr.
+Lalor, rose to address the jury on behalf of his client. His speech was
+argumentative, terse, forcible, and eloquent; and seemed to please and
+astonish not only the auditors but the judges themselves, who evidently
+had not looked for so much ability and vigour in the young advocate
+before them. Although the speeches of professional advocates do not come
+within the scope of this publication, Mr. Crean's vindication of the
+national colour of Ireland&mdash;probably the most telling passage in his
+address&mdash;has an importance which warrants its quotation here:&mdash;</p>
+
+<div class='blkquot'><p>Gentlemen, it is attempted in this case to make the traversers
+   amenable under the Party Processions' Act, because those in the
+   procession wore green ribbons. Gentlemen, this is the first time, in
+   the history of Irish State Prosecutions which mark the periods of
+   gloom and peril in this country, that the wearing of a green ribbon
+   has been formally indicted; and I may say it is no good sign of the
+   times that an offence which has been hitherto unknown to the law
+   should now crop up for the first time in this year of grace, one
+   thousand eight hundred and sixty-eight. Not even in the worst days of
+   Lord Castlereagh's ill-omened regime was such an attempt as this made
+   to degrade the green of Ireland into a party colour, and to make that
+   which has long been regarded as a national emblem the symbol of a
+   faction. Gentlemen, there is no right-minded or right-hearted
+   man&mdash;looking back upon the ruinous dissensions and bitter conflicts
+   which have been the curse and bane of this country&mdash;who will not
+   reprobate any effort to revive and perpetuate them. There is no
+   well-disposed man in the community who will not condemn and crush
+   those persons&mdash;no matter on what side they may stand&mdash;who make
+   religion, which should be the fountain and mother of all peace and
+   blessings, the cause of rancour and animosity. We have had,
+   unhappily, gentlemen, too much of this in Ireland. We have been too
+   long the victims of that wayward fate of which the poet wrote, when
+   he said:&mdash;</p>
+
+&quot;Whilst our tyrants join in hate,<br />
+We never joined in love.&quot;<br />
+
+<p>   But, gentlemen, I will ask of you if you ever before heard, until
+   this time, that the green of Ireland was the peculiar colour of any
+   particular sect, creed, or faction, or that any of the people of this
+   country wore it as the peculiar emblem of their party, and for the
+   purpose of giving annoyance and of offering insult to some other
+   portion of their fellow-countrymen. I must say that I never heard
+   before that Catholic or Protestant, or Quaker or Moravian, laid claim
+   to this colour as a symbol of party. I thought all Irishmen, no
+   matter what altar they bowed before, regarded the green as the
+   national colour of Ireland. If it is illegal to wear the green, all I
+   can say is that the Constabulary are guilty of a constant and
+   continuing breach of the law. The Lord and Lady Lieutenant will
+   probably appear on next Patrick's Day, decorated with large bunches
+   of green shamrock. Many of the highest officials of the government
+   will do the same; and is it to be thought for one moment that they,
+   by wearing this green emblem of Ireland and of Irish nationality, are
+   violating the law of the land. Gentlemen, it is perfectly absurd to
+   think so. I hope this country has not yet so fallen as that it has
+   become a crime to wear the green. I trust we have not yet come to
+   that pass of national degradation, that a jury of Irishmen can be
+   found so forgetful of their country's dignity and of their own as to
+   brand with a mark of infamy a colour which is associated with so many
+   recollections, not of party triumphs, but of national glories&mdash;not
+   with any sect, or creed, or party, but with a nation and a race whose
+   children, whether they were the exiled soldiers of a foreign state,
+   or the soldiers of Great Britain&mdash;whether at Fontenoy or on the
+   plains of Waterloo, or on the heights of Fredericksburgh, have nobly
+   vindicated the chivalry and fame of Ireland! It is for them that the
+   green has its true meaning. It is to the Irishman in a distant land
+   this emblem is so dear, for it is entwined in his memory, not with
+   any miserable faction, but with the home and the country which gave
+   him birth. I do hope that Irishmen will never be ashamed in this
+   country to wear the green, and I hope an attempt will never again be
+   made in an Irish court of justice to punish Irishmen for wearing that
+   which is a national colour, and of which every man who values his
+   country should feel proud.</p></div>
+
+<p>When Mr. Crean resumed his seat&mdash;which he did amidst strong
+manifestations of applause&mdash;it was past three o'clock in the afternoon.
+It was not expected that the case would have proceeded so far by that
+hour, and Mr. Martin and Mr. Sullivan, who intended each to speak in his
+own behalf, did not expect to rise for that purpose before next day,
+when it was arranged that Mr. Martin would speak first, and Mr. Sullivan
+follow him. Now, however, it was necessary some one of them should rise
+to his defence, and Mr. Martin urged that Mr. Sullivan should begin.</p>
+
+<p>By this time the attendance in court, which, during the
+Solicitor-General's speech and the crown evidence, thinned down
+considerably, had once more grown too great for the fair capacity of the
+building. There was a crush within, and a crowd without. When Mr.
+Sullivan was seen to rise, after a moment's hurried consultation with
+Mr. Martin, who sat beside him, there was a buzz, followed by an anxious
+silence. For a moment the accused paused, almost overcome (as well he
+might have been) by a sense of the responsibility of this novel and
+dangerous course. But he quickly addressed himself to the critical task
+he had undertaken, and spoke as follows:&mdash;[Footnote: As Mr. Sullivan
+delivered this speech without even the ordinary assistance of written
+notes or memoranda, the report here quoted is that which was published
+in the newspapers of the time. Some few inaccuracies which he was
+precluded from correcting then (being a prisoner when this speech was
+first published), have been corrected for this publication.]</p>
+
+
+<div class='blkquot'><p>My lords and gentlemen of the jury&mdash;I rise to address you under
+circumstances of embarassment which will, I hope, secure for me a little
+consideration and indulgence at your hands. I have to ask you at the
+outset to banish any prejudice that might arise in your minds against a
+man who adopts the singular course&mdash;who undertakes the serious
+responsibility&mdash;of pleading his own defence. Such a proceeding might be
+thought to be dictated either by disparagement of the ordinary legal
+advocacy, by some poor idea of personal vanity, or by way of reflection
+on the tribunal before which the defence is made. My conduct is dictated
+by neither of these considerations or influences. Last of all men living
+should I reflect upon the ability, zeal, and fidelity of the Bar of
+Ireland, represented as it has been in my own behalf within the past two
+days by a man whose heart and genius are, thank God, still left to the
+service of our country, and represented, too, as it has been here this
+day by that gifted young advocate, the echoes of whose eloquence still
+resound in this court, and place me at disadvantage in immediately
+following him. And assuredly I design no disrespect to this court;
+either to tribunal in the abstract, or to the individual judges who
+preside; from one of whom I heard two days ago delivered in my own case
+a charge of which I shall say&mdash;though followed by a verdict which
+already consigns me to a prison&mdash;that it was, judging it as a whole, the
+fairest, the clearest, the most just and impartial ever given to my
+knowledge, in a political case of this kind in Ireland between the
+subject and the crown. No; I stand here in my own defence to-day,
+because long since I formed the opinion that, on many grounds, in such a
+prosecution as this, such a course would be the most fair and most
+consistent for a man like me. That resolution I was, for the sake of
+others, induced to depart from on Saturday last, in the first
+prosecution against me. When it came to be seen that I was the first to
+be tried out of two journalists prosecuted, it was strongly urged on me
+that my course, and the result of my trial, might largely affect the
+case of the other journalist to be tried after, me; and that I ought to
+waive my individual views and feelings, and have the utmost legal
+ability brought to bear in behalf of the case of the national press at
+the first point of conflict. I did so. I was defended by a bar not to be
+surpassed in the kingdom for ability and earnest zeal; yet the result
+was what I anticipated. For I knew, as I had held all along, that in a
+case like this, where law and fact are left to the jury, legal ability
+is of no avail if the crown comes in with its arbitrary power of
+moulding the jury. In that case, as in this one, I openly, publicly, and
+distinctly announced that I for my part would challenge no one, whether
+with cause or without cause. Yet the crown&mdash;in the face of this
+fact&mdash;and in a case where they knew that at least the accused had no
+like power of peremptory challenge&mdash;did not venture to meet me on equal
+footing; did not venture to abstain from their practice of absolute
+challenge; in fine, did not dare to trust their case to twelve men
+&quot;indifferently chosen,&quot; as the constitution supposes a jury to be. Now,
+gentlemen, before I enter further upon this jury question, let me say
+that with me this is no complaint merely against &quot;the Tories.&quot; On this
+as well as on numerous other subjects, it is well known that it has been
+my unfortunate lot to arraign both Whigs and Tories. I say further, that
+I care not a jot whether the twelve men selected or permitted by the
+crown to try me, or rather to convict me, by twelve of my own
+co-religionists and political compatriots, or twelve Protestants,
+Conservatives, Tories, or &quot;Orangemen.&quot; Understand me clearly on this. My
+objection is not to the individuals comprising the jury. You may be all
+Catholics, or you may be all Protestants, for aught that affects my
+protest, which is against the mode by which you are selected&mdash;selected
+by the crown&mdash;their choice for their own ends&mdash;and not &quot;indifferently
+chosen&quot; between the crown and the accused. You may disappoint, or you
+may justify the calculations of the crown official, who has picked you
+out from the panel, by negative or positive choice (I being silent and
+powerless)&mdash;you may or may not be all he supposes&mdash;the outrage on the
+spirit of the constitution is the same. I say, by such a system of
+picking a jury by the crown, I am not put upon my country. Gentlemen,
+from the first moment these proceedings were commenced against me, I
+think it will be admitted that I endeavoured to meet them fairly and
+squarely, promptly and directly. I have never once turned to the right
+or to the left, but gone straight to the issue. I have from the outset
+declared my perfect readiness to meet the charges of the crown. I did
+not care when or where they tried me. I said I would avail of no
+technicality&mdash;that I would object to no juror&mdash;Catholic, Protestant, or
+Dissenter. All I asked&mdash;all I demanded&mdash;was to be &quot;put upon my country,&quot;
+in the real, fair, and full sense and spirit of the constitution. All I
+asked was that the crown would keep its hand off the panel, as I would
+keep off mine. I had lived fifteen years in this city; and I should have
+lived in vain, if, amongst the men that knew me in that time, whatever
+might be their political or religious creed, I feared to have my acts,
+my conduct, or principles tried. It is the first and most original
+condition of society that a man shall subordinate his public acts to the
+welfare of the community, or at least acknowledge the right of those
+amongst whom his lot is cast, to judge him on such an issue as this.
+Freely I acknowledge that right. Readily have I responded to the call to
+submit to the judgment of my country, the question whether, in
+demonstrating my sorrow and sympathy for misfortune, my admiration for
+fortitude, my vehement indignation against what I considered to be
+injustice, I had gone too far and invaded the rights of the community.
+Gentlemen, I desire in all that I have to say to keep or be kept within
+what is regular and seemly, and above all to utter nothing wanting in
+respect for the court; but I do say, and I do protest, that I have not
+got trial by jury according to the spirit and meaning of the
+constitution. It is as representatives of the general community, not as
+representatives of the crown officials, the constitution supposes you to
+sit in that box. If you do not fairly represent the community, and if
+you are not empanelled indifferently in that sense, you are no jury in
+the spirit of the constitution. I care not how the crown practice may be
+within the technical letter of the law, it violates the intent and
+meaning of the constitution, and it is not &quot;trial by jury.&quot; Let us
+suppose the scene removed, say, to France. A hundred names are returned
+on what is called a panel by a state functionary for the trial of a
+journalist charged with sedition. The accused is powerless to remove any
+name from the list unless for over-age or non-residence. But the
+imperial prosecutor has the arbitrary power of ordering as many as he
+pleases to &quot;stand aside.&quot; By this means he puts or allows on the jury
+only whomsoever he pleases. He can, beforehand, select the twelve, and,
+by wiping out, if it suits him, the eighty-eight other names, put the
+twelve of his own choosing into the box. Can this be called trial by
+jury? Would not it be the same thing, in a more straightforward way, to
+let the crown-solicitor send out a policeman and collect twelve
+well-accredited persons of his own mind and opinion? For my own part, I
+would prefer this plain-dealing, and consider far preferable the more
+rude but honest hostility of a drum-head court martial (applause in the
+court). Again I say, understand me well, I am objecting to the
+principle, the system, the practice, and not to the twelve gentlemen now
+before me as individuals. Personally, I am confident that being citizens
+of Dublin, whatever your views or opinions, you are honourable and
+conscientious men. You may have strong prejudices against me or my
+principles in public life&mdash;very likely you have; but I doubt not that
+though these may unconsciously tinge your judgment and influence your
+verdict, you will not consciously violate the obligations of your oath.
+And I care not whether the crown, in permitting you to be the twelve,
+ordered three, or thirteen, or thirty others to &quot;stand by&quot;&mdash;or whether
+those thus arbitrarily put aside were Catholics or Protestants,
+Liberals, Conservatives, or Nationalists&mdash;the moment the crown put its
+finger at all on the panel, in a case where the accused had no equal
+right, the essential character of the jury was changed, and the spirit
+of the constitution was outraged. And now, what is the charge against my
+fellow-traversers and myself? The solicitor-general put it very pithily
+awhile ago when he said our crime was &quot;glorifying the cause of murder.&quot;
+The story of the crown is a very terrible, a very startling one. It
+alleges a state of things which could hardly be supposed to exist
+amongst the Thugs of India. It depicts a population so hideously
+depraved that thirty thousand of them in one place, and tens of
+thousands in various other places, arrayed themselves publicly in
+procession to honour and glorify murder&mdash;to sympathise with murderers as
+murderers. Yes, gentlemen, that is the crown case, or they have no case
+at all&mdash;that the funeral procession in Dublin on the 8th December last
+was a demonstration of sympathy with murder as murder. For you will have
+noted that never once in his smart narration of the crown story, did Mr.
+Harrison allow even the faintest glimmer to appear of any other possible
+complexion or construction of our conduct. Why, I could have imagined it
+easy for him not merely to state his own case, but to state ours too,
+and show where we failed, and where his own side prevailed. I could
+easily imagine Mr. Harrison stating our view of the matter&mdash;and
+combatting it. But he never once dared to even mention our case. His
+whole aim was to hide it from you, and to fasten, as best such efforts
+of his could fasten, in your minds this one miserable refrain&mdash;&quot;They
+glorified the cause of murder and assassination.&quot; But this is no new
+trick. It is the old story of the maligners of our people. They call the
+Irish a turbulent, riotous, crime-loving, law-hating race. They are for
+ever pointing to the unhappy fact&mdash;for, gentlemen, it is a fact&mdash;that
+between the Irish people and the laws under which they now live there is
+little or no sympathy, but bitter estrangement and hostility of feeling
+or of action. Bear with me if I examine this charge, since an
+understanding of it is necessary in order to judge our conduct on the
+8th December last. I am driven upon this extent of defence by the
+singular conduct of the solicitor-general, who, with a temerity which he
+will repent, actually opened the page of Irish history, going back upon
+it just so far as it served his own purpose, and no farther. Ah! fatal
+hour for my prosecutors when they appealed to history. For assuredly,
+that is the tribunal that will vindicate the Irish people, and confound
+those who malign them as sympathisers with assassination and glorifiers
+of murder&mdash;</p>
+
+<p>Solicitor-General&mdash;My lord, I must really call upon you&mdash;I deny that I
+ever&mdash;</p>
+
+<p>Mr. Justice Fitzgerald&mdash;Proceed, Mr. Sullivan.</p>
+
+<p>Mr. Sullivan&mdash;My lord, I took down the solicitor-general's words. I
+quote them accurately as he spoke them, and he cannot get rid of them
+now. &quot;Glorifiers of the cause of murder&quot; was his designation of my
+fellow-traversers and myself, and our fifty thousand fellow-mourners in
+the funeral procession; and before I sit down I will make him rue the
+utterance. Gentlemen of the jury, if British law be held in
+&quot;disesteem&quot;&mdash;as the crown prosecutors phrase it&mdash;here in Ireland, there
+is an explanation for that fact, other than that supplied by the
+solicitor-general; namely, the wickedness of seditious persons like
+myself, and the criminal sympathies of a people ever ready to &quot;glorify
+the cause of murder.&quot; Mournful, most mournful, is the lot of that land
+where the laws are not respected&mdash;nay, revered by the people. No greater
+curse could befall a country than to have the laws estranged from
+popular esteem, or in antagonism with the national sentiment. Everything
+goes wrong under such a state of things. The ivy will cling to the oak,
+and the tendrils of the vine reach forth towards strong support. But
+more anxiously and naturally still does the human heart instinctively
+seek an object of reverence and love, as well as of protection and
+support, in law, authority, sovereignty. At least, among a virtuous
+people like ours, there is ever a yearning for those relations which
+are, and ought to be, as natural between a people and their government
+as between the children and the parent. I say for myself, and I firmly
+believe I speak the sentiments of most Irishmen when I say, that so far
+from experiencing satisfaction, we experience pain in our present
+relations with the law and governing power; and we long for the day when
+happier relations may be restored between the laws and the national
+sentiment in Ireland. &quot;We Irish are no race of assassins or &quot;glorifiers
+of murder.&quot; From the most remote ages, in all centuries, it has been
+told of our people that they were pre-eminently a justice-loving people.
+Two hundred and fifty years ago the predecessor of the
+solicitor-general&mdash;an English attorney-general&mdash;it may be necessary to
+tell the learned gentleman that his name was Sir John Davis (for
+historical as well as geographical knowledge
+<a href='#Footnote_B_6' name='FNanchor_B_6'><sup>[B]</sup></a>seems to be rather
+scarce amongst the present law officers of the crown), (laughter)&mdash;held
+a very different opinion of them from that put forth to-day by the
+solicitor-general. Sir John Davis said no people in the world loved
+equal justice more than the Irish even where the decision was against
+themselves. That character the Irish have ever borne and bear still. But
+if you want the explanation of this &quot;disesteem&quot; and hostility for
+British law, you must trace effect to cause. It will not do to stand by
+the river side near where it flows into the sea, and wonder why the
+water continues to run by. Not I&mdash;not my fellow-traversers&mdash;not my
+fellow-countrymen&mdash;are accountable for the antagonism between law and
+popular sentiment in this country. Take up the sad story where you
+will&mdash;yesterday, last month, last year, last century&mdash;two centuries ago,
+three centuries, five centuries, six centuries&mdash;and what will you find?
+English law presenting itself to the Irish people in a guise forbidding
+sympathy or respect, and evoking fear and resentment. Take it at its
+birth in this country. Shake your minds free of legal theories and legal
+fictions, and deal with facts. This court where I now stand is the legal
+and political heir, descendant, and representative of the first law
+court of the Pale six or seven centuries ago. Within that Pale were a
+few thousand English settlers, and of them alone did the law take
+cognizance. The Irish nation&mdash;the millions outside the Pale&mdash;were known
+only as &quot;the king's Irish enemie.&quot; The law classed them with the wild
+beasts of nature whom it was lawful to slay. Later on in our history we
+find the Irish near the Pale sometimes asking to be admitted to the
+benefits of English law, since they were forbidden to have any of their
+own; but their petitions were refused. Gentlemen, this was English law
+as it stood towards the Irish people for centuries; and wonder, if you
+will, that the Irish people held it in &quot;disesteem:&mdash;</p>
+
+<p><a href='#FNanchor_B_6' name='Footnote_B_6'>[B]</a>On Mr.
+Sullivan's first trial the solicitor-general, until stopped and
+corrected by the court, was suggesting to the jury that there was no
+such place as Knockrochery, and that a Fenian proclamation which had
+been published in the <i>Weekly News</i> as having been posted at that place,
+was, in fact, composed in Mr. Sullivan's Office. Mr. Justice Deasy,
+however, pointedly corrected and reproved this blunder on the part of
+Mr. Harrison.</p>
+
+<div class='blkquot'><p>&quot;The Irish were denied the right of bringing actions in any of the
+   English courts in Ireland for trespasses to their lands, or for
+   assaults or batteries to their persons. Accordingly, it was answer
+   enough to the action in such a case to say that the plaintiff was an
+   Irishman, unless he could produce a special charter giving him the
+   rights of an Englishman. If he sought damage against an Englishman
+   for turning him out of his land, for the seduction of his daughter
+   Nora, or for the beating of his wife Devorgil, or for the driving off
+   of his cattle, it was a good defence to say he was a mere Irishman.
+   And if an Englishman was indicted for manslaughter, if the man slain
+   was an Irishman, he pleaded that the deceased was of the Irish
+   nation, and that it was no felony to kill an Irishman. For this,
+   however, there was a fine of five marks payable to the king; but
+   mostly they killed us for nothing. If it happened that the man killed
+   was a servant of an Englishman, he added to the plea of the deceased
+   being an Irishman, that if the master should ever demand damages, he
+   would be ready to satisfy him.&quot;</p></div>
+
+<p>That was the egg of English law in Ireland. That was the seed&mdash;that was
+the plant&mdash;do you wonder if the tree is not now esteemed and loved? If
+you poison a stream at its source, will you marvel if down through all
+its courses the deadly element is present? Now trace from this, its
+birth, English law in Ireland&mdash;trace down to this hour&mdash;and examine when
+or where it ever set itself to a reconciliation with the Irish people.
+Observe the plain relevancy of this to my case. I, and men like me, are
+held accountable for bringing law into hatred and contempt in Ireland:
+and in presenting this charge against me the solicitor-general appealed
+to history. I retort the charge on my accusers; and I will trace down to
+our own day the relations of hostility which English law itself
+established between itself and the people of Ireland. Gentlemen, for
+four hundred years&mdash;down to 1607&mdash;the Irish people had no existence in
+the eye of the law; or rather much worse, were viewed by it as &quot;the
+King's Irish enemie.&quot; But even within the Pale, how did it recommend
+itself to popular reverence and affection? Ah, gentlemen, I will show
+that in those days, just as there have been in our own, there were
+executions and scaffold-scenes which evoked popular horror and
+resentment&mdash;though they were all &quot;according to law,&quot; and not be
+questioned unless by &quot;seditionists.&quot; The scaffold streamed with the
+blood of those whom the people loved and revered&mdash;how could they love
+and revere the scaffold? Yet, 'twas all &quot;according to law.&quot; The
+sanctuary was profaned and rifled; the priest was slain or
+banished&mdash;'twas all &quot;according to law,&quot; no doubt, and to hold law in
+&quot;disesteem&quot; is &quot;sedition.&quot; Men were convicted and executed &quot;according to
+law;&quot; yet the people demonstrated sympathy for them, and resentment
+against their executioners&mdash;most perversely, as a solicitor-general,
+doubtless, would say. And, indeed, the State Papers contain accounts of
+those demonstrations written by crown officials which sound very like
+the solicitor-general's speech to-day. Take, for instance, the
+execution&mdash;&quot;according to law&quot;&mdash;of the &quot;Popish bishop&quot; O'Hurley. Here is
+the letter of a state functionary on the subject:&mdash;</p>
+
+<div class='blkquot'><p>&quot;I could not before now so impart to her Majesty as to know her mind
+   touching the same for your lordship's direction. Wherefore, she
+   having at length resolved, I have accordingly, by her commandment, to
+   signify her Majesty's pleasure unto you touching Hurley, which is
+   this:&mdash;That the man being so notorious and ill a subject, as
+   appeareth by all the circumstances of his cause he is, you proceed,
+   if it may be, to his execution by ordinary trial of him for it. How
+   be it, in case you shall find the effect of his course DOUBTFUL by
+   reason of the affection of such as shall be on his jury, and by
+   reason of the supposal conceived by the lawyers of that country, that
+   he can hardly be found guilty for his treason committed in foreign
+   parts against her Majesty. Then her pleasure is you take A SHORTER
+   WAY WITH HIM, by martial law. So, as you may see, it is referred to
+   your discretion, whether of those two ways your lordship will take
+   with him, and the man being so resolute to reveal no more matter, it
+   is thought best to have no FURTHER TORTURES used against him, but
+   that you proceed FORTHWITH TO HIS EXECUTION in manner aforesaid. As
+   for her Majesty's good acceptation of your careful travail in this
+   matter of Hurley, you need nothing to doubt, and for your better
+   assurance thereof she has commanded me to let your lordship
+   understand that, as well as in all others the like, as in the case of
+   Hurley, she cannot but greatly allow and commend YOUR DOINGS.&quot;</p></div>
+
+<p>Well, they put his feet into tin boots filled with oil, and then placed
+him standing in the fire. Eventually they cut off his head, tore out his
+bowels, and cut the limbs from his body. Gentlemen, 'twas all &quot;according
+to law;&quot; and to demonstrate sympathy for him and &quot;disesteem&quot; of that law
+was &quot;sedition.&quot; But do you wonder greatly that law of that complexion
+failed to secure popular sympathy and respect? One more illustration,
+gentlemen, taken from a period somewhat later on. It is the
+execution&mdash;&quot;according to law,&quot; gentlemen; entirely &quot;according to
+law&quot;&mdash;of another Popish bishop named O'Devany. The account is that of a
+crown official of the time&mdash;some most worthy predecessor of the
+solicitor-general. I read it from the recently published work of the
+Rev. C.P. Meehaun. &quot;On the 28th of January, the bishop and priest, being
+arraigned at the King's Bench, were each condemned of treason, and
+adjudged to be executed the Saturday following; which day being come, a
+priest, or two of the Pope's brood, with holy water and other holy
+stuffs&quot;&mdash;(no sneer was that at all, gentlemen; no sneer at Catholic
+practices, for a crown official never sneers at Catholic
+practices)&mdash;&quot;were sent to sanctify the gallows whereon they were to die.
+About two o'clock, p.m., the traitors were delivered to the sheriffs of
+Dublin, who placed them in a small car, which was followed by a great
+multitude. As the car progressed the spectators knelt down; but the
+bishop sitting still, like a block, would not vouchsafe them a word, or
+turn his head aside. The multitude, however, following the car, made
+such a dole and lamentation after him, as the heavens themselves
+resounded the echoes of their outcries.&quot; (Actually a seditious funeral
+procession&mdash;made up of the ancestors of those thirty-thousand men,
+women, and children, who, according to the solicitor-general, glorified
+the cause of murder on the 8th of last December.) &quot;Being come to the
+gallows, whither they were followed by troops of the citizens, men and
+women of all classes, most of the best being present, the latter kept up
+such a shrieking, such a howling, and such a hallooing, as if St.
+Patrick himself had been gone to the gallows, could not have made
+greater signs of grief; but when they saw him turned from off the
+gallows, they raised the <i>whobub</i> with such a maine cry, as if the
+rebels had come to rifle the city. Being ready to mount the ladder, when
+he was pressed by some of the bystanders to speak, he repeated
+frequently <i>Sine me qu&aelig;so</i>. The executioner had no sooner taken off the
+bishop's head, but the townsmen of Dublin began to flock about him, some
+taking up the head with pitying aspect, accompanied with sobs and
+sighs; some kissed it with as religious an appetite as ever they kissed
+the Pax; some cut away all the hair from the head, which they preserved
+for a relic; some others were practisers to steal the head away, but the
+executioner gave notice to the sheriffs. Now, when he began to quarter
+the body, the women thronged about him, and happy was she that could get
+but her handkerchief dipped in the blood of the traitor; and the body
+being once dissevered in four quarters, they neither left, finger nor
+toe, but they cut them off and carried them away; and some others that
+could get no holy monuments that appertained to his person, with their
+knives they shaved off chips from the hallowed gallows; neither could
+they omit the halter wherewith he was hanged, but it was rescued for
+holy uses. The same night after the execution, a great crowd flocked
+about the gallows, and there spent the fore part of the night in
+heathenish howling, and performing many Popish ceremonies; and after
+midnight, being then Candlemas day, in the morning having their priests
+present in readiness, they had Mass after Mass till, daylight being
+come, they departed to their own houses.&quot; There was &quot;sympathy with
+sedition&quot; for you, gentlemen. No wonder the crown official who tells the
+story&mdash;same worthy predecessor of Mr. Harrison&mdash;should be horrified at
+such a demonstration. I will sadden you with no further illustrations of
+English law, but I think it will be admitted that after centuries of
+such law, one need not wonder if the people hold it in &quot;hatred and
+contempt.&quot; With the opening of the seventeenth century, however, came a
+golden and glorious opportunity for ending that melancholy&mdash;that
+terrible state of things. In the reign of James I., English law, for the
+first time, extended to every corner of this kingdom. The Irish came
+into the new order of things frankly and in good faith; and if wise
+counsels prevailed then amongst our rulers, oh, what a blessed ending
+there might have been to the bloody feud of centuries. The Irish
+submitted to the Gaelic King, to whom had come in the English crown. In
+their eyes he was of a friendly, nay of a kindred race. He was of a line
+of Gaelic kings that had often befriended Ireland. Submitting to him was
+not yielding to the brutal Tudor. Yes, that was the hour, the blessed
+opportunity for laying the foundation of a real union between the three
+kingdoms; a union of equal national rights under the one crown. This was
+what the Irish expected; and in this sense they in that hour accepted
+the new dynasty. And it is remarkable that from that day to this, though
+England has seen bloody revolutions and violent changes of rulers,
+Ireland has ever held faithfully&mdash;too faithfully&mdash;to the sovereignty
+thus adopted. But how were they received? How were their expectations
+met? By persecution, proscription, and wholesale plunder, even by that
+miserable Stuart. His son came to the throne. Disaffection broke out in
+England and Scotland. Scottish Protestant Fenians, called &quot;Covenanters,&quot;
+took the field against him, because of the attempt to establish
+Episcopalian Protestantism as a state church. By armed rebellion
+against their lawful king, I regret to say it, they won rights which
+now most largely tend to make Scotland contented and loyal. I say it is
+to be regretted that those rights were thus won; for I say that even at
+best it is a good largely mixed with evil where rights are won by
+resorts of violence or revolution. His concessions to the Calvanist
+Fenians in Scotland did not save Charles. The English Fenians, under
+their Head Centre Cromwell, drove him from the throne and murdered him
+on a scaffold in London. How did the Irish meanwhile act? They stood
+true to their allegiance. They took the field for the King. What was the
+result? They were given over to slaughter and plunder by the brutal
+soldiery of the English Fenians. Their nobles and gentry were beggared
+and proscribed; their children were sold as white slaves to West Indian
+planters; and their gallant struggles for the king, their sympathy for
+the royalist cause, was actually denounced by the English Fenians as
+&quot;sedition,&quot; &quot;rebellion,&quot; &quot;lawlessness,&quot; &quot;sympathy with crime.&quot; Ah,
+gentlemen, the evils thus planted in our midst will survive, and work
+their influence; yet some men wonder that English law is held in
+&quot;disesteem&quot; in Ireland. Time went on, gentlemen; time went on. Another
+James sat on the throne; and again English Protestant Fenianism
+conspired for the overthrow of their sovereign. They invited &quot;foreign
+emissaries&quot; to come over from Holland and Sweden, to begin the
+revolution for them. They drove their legitimate king from the
+throne&mdash;never more to return. How did the Irish act in that hour? Alas!
+Ever too loyal&mdash;ever only too ready to stand by the throne and laws if
+only treated with justice or kindliness&mdash;they took the field for the
+king, not against him. He landed on our shores; and had the English
+Fenians rested content with rebelling themselves, and allowed us to
+remain loyal as we desired to be, we might now be a neighbouring but
+friendly and independent kingdom under the ancient Stuart line. King
+James came here and opened his Irish parliament in person. Oh, who will
+say in that brief hour at least the Irish nation was not reconciled to
+the throne and laws? King, parliament, and people, were blended in one
+element of enthusiasm, joy, and hope, the first time for ages Ireland
+had known such a joy. Yes&mdash;</p>
+
+<p class='poem'><span>We, too, had our day&mdash;it was brief, it is ended&mdash;</span>
+<span class='i2'>When a King dwelt among us&mdash;no strange King&mdash;but OURS.</span>
+<span>When the shout of a people delivered ascended,</span>
+<span class='i2'>And shook the green banner that hung on yon towers,</span>
+<span>We saw it like leaves in the summer-time shiver;</span>
+<span class='i2'>We read the gold legend that blazoned it o'er&mdash;</span>
+<span>&quot;To-day&mdash;now or never; to-day and for ever&quot;&mdash;</span>
+<span class='i2'>Oh, God! have we seen it to see it no more!</span>
+</p>
+<p>(Applause in court). Once more the Irish people bled and sacrificed for
+their loyalty to the throne and laws. Once more confiscation devastated
+the land, and the blood of the loyal and true was poured like rain. The
+English Fenians and the foreign emissaries triumphed, aided by the brave
+Protestant rebels of Ulster. King William came to the throne&mdash;a prince
+whose character is greatly misunderstood in Ireland: a brave, courageous
+soldier, and a tolerant man, could he have had his way. The Irish who
+had fought and lost, submitted on terms, and had law even now been just
+or tolerant, it was open to the revolutionary <i>regime</i> to have made the
+Irish good subjects. But what took place? The penal code came, in all
+its horror to fill the Irish heart with hatred and resistance. I will
+read for you what a Protestant historian&mdash;a man of learning and
+ability&mdash;who is now listening to me in this court&mdash;has written of that
+code. I quote &quot;Godkin's History,&quot; published by Cassell of London:&mdash;</p>
+
+<div class='blkquot'><p>&quot;The eighteenth century,&quot; says Mr. Godkin, &quot;was the era of
+   persecution, in which the law did the work of the sword more
+   effectually and more safely. Then was established a code framed with
+   almost diabolical ingenuity to extinguish natural affection&mdash;to
+   foster perfidy and hypocrisy&mdash;to petrify conscience&mdash;to perpetuate
+   brutal ignorance&mdash;to facilitate the work of tyranny&mdash;by rendering the
+   vices of slavery inherent and natural in the Irish character, and to
+   make Protestantism almost irredeemably odious as the monstrous
+   incarnation of all moral perversions.&quot;</p></div>
+
+<p>Gentlemen, in that fell spirit English law addressed itself to a
+dreadful purpose here in Ireland; and, mark you, that code prevailed
+down to our own time; down to this very generation. &quot;Law&quot; called on the
+son to sell his father; called on the flock to betray the pastor. &quot;Law&quot;
+forbade us to educate&mdash;forbid us to worship God in the faith of our
+fathers. &quot;Law&quot; made us outcasts&mdash;scourged us, trampled us, plundered
+us&mdash;do you marvel that, amongst the Irish people, law has been held in
+&quot;disesteem?&quot; Do you think this feeling arises from &quot;sympathy with
+assassination or murder?&quot; Yet, if we had been let alone, I doubt not
+that time would have fused the conquerors and the conquered, here in
+Ireland, as elsewhere. Even while the millions of the people were kept
+outside the constitution, the spirit of nationality began to appear; and
+under its blessed influence toleration touched the heart of the
+Irish-born Protestant. Yes&mdash;thank God&mdash;thank God, for the sake of our
+poor country, where sectarian bitterness has wrought such wrong&mdash;it was
+an Irish Protestant Parliament that struck off the first link of the
+penal chain. And lo! once more, for a bright brief day, Irish national
+sentiment was in warm sympathy and heartfelt accord with the laws.
+&quot;Eighty-two&quot; came. Irish Protestant patriotism, backed by the hearty
+sympathy of the Catholic millions, raised up Ireland to a proud and
+glorious position; lifted our country from the ground, where she lay
+prostrate under the sword of England&mdash;but what do I say? This is
+&quot;sedition.&quot; It has this week been decreed sedition to picture Ireland
+thus.<a href='#Footnote_C_7' name='FNanchor_C_7'><sup>[C]</sup></a>
+Well, then, they rescued her from what I will call the loving
+embrace of her dear sister Britannia, and enthroned her in her rightful
+place, a queen among the nations. Had the brightness of that era been
+prolonged&mdash;picture it, think of it&mdash;what a country would ours be now?
+Think of it! And contrast what we are with what we might be! Compare a
+population filled with burning memories&mdash;disaffected, sullen, hostile,
+vengeful&mdash;with a people loyal, devoted, happy, contented; and England,
+too, all the happier, the more secure, the more great and free. But sad
+is the story. Our independent national legislature was torn from us by
+means, the iniquity of which, even among English writers, is now
+proclaimed and execrated. By fraud and by force that outrage on law, on
+right, and justice, was consummated. In speaking thus I speak
+&quot;sedition.&quot; No one can write the facts of Irish history, without
+committing sedition. Yet every writer and speaker now will tell you that
+the overthrow of our national constitution, sixty-seven years ago, was
+an iniquitous and revolting scheme. But do you, then, marvel that the
+laws imposed on us by the power that perpetrated that deed are not
+revered, loved, and respected? Do you believe that that want of respect
+arises from the &quot;seditions&quot; of men like my fellow-traversers and myself?
+Is it wonderful to see estrangement between a people and laws imposed on
+them by the over-ruling influence of another nation? Look at the
+lessons&mdash;unhappy lessons&mdash;taught our people by that London legislature
+where their own will is overborne. Concessions refused and resisted as
+long as they durst be withheld; and when granted at all, granted only
+after passion has been aroused and the whole nation been embittered. The
+Irish people sought Emancipation. Their great leader was dogged at every
+step by hostile government proclamations and crown prosecutions.
+Coercion act over coercion act was rained upon us; yet O'Connell
+triumphed. But how and in what spirit was Emancipation granted? Ah there
+never was a speech more pregnant with mischief, with sedition, with
+revolutionary teaching&mdash;never words tended more to bring law and
+government into contempt&mdash;than the words of the English premier when he
+declared Emancipation must, sorely against his will, be granted if
+England would not face a civil war. That was a bad lesson to teach
+Irishmen. Worse still was taught them. O'Connell, the great
+constitutional leader, a man with whom loyalty and respect for the laws
+was a fundamental principle of action, led the people towards further
+liberation&mdash;the liberation, not of a creed, but a nation. What did he
+seek? To bring once more the laws and the national will into accord; to
+reconcile the people and the laws by restoring the constitution of
+queen, lords, and commons. How was he met by the government? By the
+nourish of the sword; by the drawn sabre and the shotted gun, in the
+market place and the highway. &quot;Law&quot; finally grasped him as a
+conspirator, and a picked jury gave the crown then, as now, such verdict
+as was required. The venerable apostle of constitutional doctrines was
+consigned to prison, while a sorrowing&mdash;aye, a maddened nation, wept
+for him outside. Do you marvel that they held in &quot;disesteem&quot; the law
+and government that acted thus? Do you marvel that to-day, in Ireland,
+as in every century of all those through which I have traced this state
+of things, the people and the law scowl upon each other? Gentlemen, do
+not misunderstand the purport of my argument. It is not for the
+purpose&mdash;it would be censurable&mdash;of merely opening the wounds of the
+past that I have gone back upon history somewhat farther than the
+solicitor-general found it advantageous to go. I have done it to
+demonstrate that there is a truer reason than that alleged by the crown
+in this case for the state of war&mdash;for unhappily that is what it
+is&mdash;which prevails between the people of Ireland and the laws under
+which they now live. And now apply all this to the present case, and
+judge you my guilt&mdash;judge you the guilt of those whose crime, indeed, is
+that they do not love and respect law and government as they are now
+administered in Ireland. Gentlemen, the present prosecution arises
+directly out of what is known as the Manchester tragedy. The
+solicitor-general gave you his version, his fanciful sketch of that sad
+affair; but it will be my duty to give you the true facts, which differ
+considerably from the crown story. The solicitor-general began with
+telling us about &quot;the broad summer's sun of the 18th September&quot;
+(laughter). Gentlemen, it seems very clear that the summer goes far into
+the year for those who enjoy the sweets of office; nay, I am sure it is
+summer &quot;all the year round&quot; with the solicitor-general while the present
+ministry remain in. A goodly golden harvest he and his colleagues are
+making in this summer of prosecutions; and they seem very well inclined
+to get up enough of them (laughter). Well, gentlemen, I'm not
+complaining of that, but I will tell you who complain loudly&mdash;the
+&quot;outs,&quot; with whom it is midwinter, while the solicitor-general and his
+friends are enjoying this summer (renewed laughter). Well, gentlemen,
+some time last September two prominent leaders of the Fenian
+movement&mdash;alleged to be so at least&mdash;named Kelly and Deasy, were
+arrested in Manchester. In Manchester there is a considerable Irish
+population, and amongst them it was known those men had sympathisers.
+They were brought up at the police court&mdash;and now, gentlemen, pray
+attentively mark this. The Irish executive that morning telegraphed to
+the Manchester authorities a strong warning of an attempted rescue. The
+Manchester police had full notice&mdash;how did they treat the timely warning
+sent from Dublin; a warning which, if heeded, would have averted all
+this sad and terrible business which followed upon that day? Gentlemen,
+the Manchester police authorities scoffed at the warning. They derided
+it as a &quot;Hirish&quot; alarm. What! The idea of low &quot;Hirish&quot; hodmen or
+labourers rescuing prisoners from them, the valiant and the brave! Why,
+gentlemen, the Seth Bromleys of the &quot;force&quot; in Manchester waxed
+hilarious and derisive over the idea. They would not ask even a
+truncheon to put to flight even a thousand of those despised &quot;Hirish;&quot;
+and so, despite specific warning from Dublin, the van containing the two
+Fenian leaders, guarded by eleven police officers, set out from the
+police office to the jail. Now, gentlemen, I charge on the stolid vain
+gloriousness in the first instance, and the contemptible pusilanimity in
+the second instance, of the Manchester police&mdash;the valiant Seth
+Bromleys&mdash;all that followed. On the skirts of the city the van was
+attacked by some eighteen Irish youths, having three revolvers&mdash;three
+revolvers, gentlemen, and no more&mdash;amongst them. The valour of the
+Manchester eleven vanished at the sight of those three revolvers&mdash;some
+of them, it seems, loaded with blank cartridge! The Seth Bromleys took
+to their heels. They abandoned the van. Now, gentlemen, do not
+understand me to call those policemen cowards. It is hard to blame an
+unarmed man who runs away from a pointed revolver, which, whether loaded
+or unloaded, is a powerful persuasion to&mdash;depart. But I do say that I
+believe in my soul that if that had occurred here in Dublin, eleven men
+of our metropolitan police whould have taken those three revolvers or
+perished in the attempt (applause). Oh, if eleven Irish policemen had
+run away like that from a few poor English lads with barely three
+revolvers, how the press of England would yell in fierce
+denunciation&mdash;why, they would trample to scorn the name of
+Irishman&mdash;(applause in the court, which the officials vainly tried to
+silence).</p>
+
+<p><a href='#FNanchor_C_7' name='Footnote_C_7'>[C]</a>For publishing an illustration in the <i>Weekly
+News</i> thus picturing England's policy of coercion, Mr. Sullivan had been
+found guilty of seditious libel on the previous trial.</p>
+
+<p>Mr. Justice Fitzgerald&mdash;If these interruptions continue, the parties so
+offending must be removed.</p>
+
+<p>Mr. Sullivan&mdash;I am sorry, my lord, for the interruption; though not
+sorry the people should endorse my estimate of the police. Well,
+gentlemen, the van was abandoned by its valiant guard; but there
+remained inside one brave and faithful fellow, Brett by name. I am now
+giving you the facts as I in my conscience and soul believe they
+occurred&mdash;and as millions of my countrymen&mdash;aye, and thousands of
+Englishmen, too&mdash;solemnly believe them to have occurred, though they
+differ in one item widely from the crown version. Brett refused to give
+up the key of the van, which he held; and the attacking party commenced
+various endeavours to break it open. At length one of them called out to
+fire a pistol into the lock, and thus burst it open. The unfortunate
+Brett at that moment was looking through the keyhole, endeavouring to
+get a view of the inexplicable scene outside, when he received the
+bullet and fell dead. Gentlemen, that may be the true, or it may be the
+mistaken version. You may hold to the other, or you may hold to this.
+But whether I be mistaken therein, or otherwise, I say here, as I would
+say if I stood now before my Eternal Judge on the Last Day, I solemnly
+believe the mournful episode to have happened thus&mdash;I solemnly believe
+that the man Brett was shot by accident, and not by design. But even
+suppose your view differs sincerely from mine, will you, can you, hold
+that I, thus conscientiously persuaded, sympathise with murder, because
+I sympathise with men hanged for that which I contend was accident, and
+not murder? That is exactly the issue in this case. Well, the rescued
+Fenian leaders got away; and then, when all was over&mdash;when the danger
+was passed&mdash;valour tremendous returned to the fleet of foot Manchester
+police. Oh, but they wreaked their vengeance that night on the houses of
+the poor Irish in Manchester! By a savage razzia they soon filled the
+jails with our poor countrymen seized on suspicion. And then broke forth
+all over England that shout of anger and passion which none of us will
+ever forget. The national pride had been sorely wounded; the national
+power had been openly and humiliatingly defied; the national fury was
+aroused. On all sides resounded the hoarse shout for vengeance, swift
+and strong. Then was seen a sight the most shameful of its kind that
+this century has exhibited&mdash;a sight at thought of which Englishmen yet
+will hang their heads for shame, and which the English historian will
+chronicle with reddened check&mdash;those poor and humble Irish youths led
+into the Manchester dock in chains! In chains! Yes; iron fetters
+festering wrist and ankle! Oh, gentlemen, it was a fearful sight; for no
+one can pretend that in the heart of powerful England there could be
+danger those poor Irish youths would overcome the authorities and
+capture Manchester. For what, then, were those chains put on untried
+prisoners? Gentlemen, it was at this point exactly that Irish sympathy
+came to the side of those prisoners. It was when we saw them thus used,
+and saw that, innocent or guilty, they would be immolated&mdash;sacrificed to
+glut the passion of the hour&mdash;that our feelings rose high and strong in
+their behalf. Even in England there were men&mdash;noble-hearted Englishmen,
+for England is never without such men&mdash;who saw that if tried in the
+midst of this national frenzy, those victims would be sacrificed; and
+accordingly efforts were made for a postponement of the trial. But the
+roar of passion carried its way. Not even till the ordinary assizes
+would the trial be postponed. A special commission was sped to do the
+work while Manchester jurors were in a white heat of panic, indignation,
+and fury. Then came the trial, which was just what might be expected.
+Witnesses swore ahead without compunction, and jurors believed them
+without hesitation. Five men arraigned together as principals&mdash;Allen,
+Larkin, O'Brien, Shore, and Maguire&mdash;were found guilty, and the judge
+concerning in the verdict, were sentenced to death. Five men&mdash;not three
+men, gentlemen&mdash;five men in the one verdict, not five separate verdicts.
+Five men by the same evidence and the same jury in the same verdict. Was
+that a just verdict? The case of the crown here to-day is that it
+was&mdash;that it is &quot;sedition&quot; to impeach that verdict. A copy of that
+conviction is handed in here as evidence to convict me of sedition for
+charging as I do that that was a wrong verdict, a bad verdict, a rotten
+and a false verdict. But what is the fact? That her Majesty's ministers
+themselves admit and proclaim that it was a wrong verdict, a false
+verdict. The very evening those men were sentenced, thirty newspaper
+reporters sent up to the Home Secretary a petition protesting that&mdash;the
+evidence of the witnesses and the verdict of the jury
+notwithstanding&mdash;there was at least one innocent man thus marked for
+execution. The government felt that the reporters were right and the
+jurors wrong. They pardoned Maguire as an innocent man&mdash;that same
+Maguire whose legal conviction is here put in as evidence that he and
+four others were truly murderers, to sympathise with whom is to commit
+sedition&mdash;nay, &quot;to glorify the cause of murder.&quot; Well, after that, our
+minds were easy. We considered it out of the question any man would be
+hanged on a verdict thus ruined, blasted, and abandoned; and believing
+those men innocent of murder, though guilty of another most serious
+legal crime&mdash;rescue with violence, and incidental, though not
+intentional loss of life&mdash;we rejoiced that a terrible mistake was, as we
+thought, averted. But now arose in redoubled fury the savage cry for
+blood. In vain good men, noble and humane men, in England tried to save
+the national honour by breasting this horrible outburst of passion. They
+were overborne. Petitioners for mercy were mobbed and hooted in the
+streets. We saw all this&mdash;we saw all this; and think you it did not sink
+into our hearts? Fancy if you can our feelings when we heard that yet
+another man out of five was respited&mdash;ah, he was an American,
+gentlemen&mdash;an American, not an Irishman&mdash;but that the three Irishmen,
+Allen, Larkin, and O'Brien, were to die&mdash;were to be put to death on a
+verdict and on evidence that would not hang a dog in England! We refused
+to the last to credit it; and thus incredulous, deemed it idle to make
+any effort to save their lives. But it was true; it was deadly true. And
+then, gentlemen, the doomed three appeared in a new character. Then they
+rose into the dignity and heroism of martyrs. The manner in which they
+bore themselves through the dreadful ordeal ennobled them for ever It
+was then we all learned to love and revere them as patriots and
+Christians. Oh, gentlemen, it is only at this point I feel my difficulty
+in addressing you whose religious faith is not that which is mine. For
+it is only Catholics who can understand the emotions aroused in Catholic
+hearts by conduct such as theirs in that dreadful hour. Catholics alone
+can understand how the last solemn declarations of such men, after
+receiving the last sacraments of the Church, and about to meet their
+Great Judge face to face, can outweigh the reckless evidence of
+Manchester thieves and pickpockets. Yes; in that hour they told us they
+were innocent, but were ready to die; and we believed them. We believe
+them still. Aye, do we! They did not go to meet their God with a
+falsehood on their lips. On that night before their execution, oh, what
+a scene! What a picture did England present at the foot of the
+Manchester scaffold! The brutal populace thronged thither in tens of
+thousands. They danced; they sang; they blasphemed; they chorused &quot;Rule
+Britannia,&quot; and &quot;God save the Queen,&quot; by way of taunt and defiance of
+the men whose death agonies they had come to see! Their shouts and
+brutal cries disturbed the doomed victims inside the prison as in their
+cells they prepared in prayer and meditation to meet their Creator and
+their God. Twice the police had to remove the crowd from around that
+wing of the prison; so that our poor brothers might in peace go through
+their last preparations for eternity, undisturbed by the yells of the
+multitude outside. Oh, gentlemen, gentlemen&mdash;that scene! That scene in
+the grey cold morning when those innocent men were led out to die&mdash;to
+die an ignominious death before that wolfish mob! With blood on
+fire&mdash;with bursting hearts&mdash;we read the dreadful story here in Ireland.
+We knew that these men would never have been thus sacrificed had not
+their offence been political, and had it not been that in their own way
+they represented the old struggle of the Irish race. We felt that if
+time had but been permitted for English passion to cool down, English
+good feeling and right justice would have prevailed; and they never
+would have been put to death on such a verdict. All this we felt, yet we
+were silent till we heard the press that had hounded those men to death
+falsely declaring that our silence was acquiescence in the deed that
+consigned them to murderers' graves. Of this I have personal knowledge,
+that, here in Dublin at least, nothing was done or intended, until the
+<i>Evening Mail</i> declared that popular feeling which had had ample time to
+declare itself, if it felt otherwise, quite recognised the justice of
+the execution. Then we resolved to make answer. Then Ireland made
+answer. For what monarch, the loftiest in the world, would such
+demonstrations be made, the voluntary offerings of a people's grief!
+Think you it was &quot;sympathy for murder&quot; called us forth, or caused the
+priests of the Catholic Church to drape their churches? It is a libel to
+utter the base charge. No, no. With the acts of those men at that rescue
+we had nought to say. Of their innocence of murder we were convinced.
+Their patriotic feelings, their religious devotion, we saw proved in the
+noble, the edifying manner of their death. We believed them to have been
+unjustly sacrificed in a moment of national passion; and we resolved to
+rescue their memory from the foul stains of their maligners, and make it
+a proud one for ever with Irishmen. Sympathy with murder, indeed! What I
+am about to say will be believed; for I think I have shown no fear of
+consequences in standing by my acts and principles&mdash;I say for myself,
+and for the priests and people of Ireland, who are affected by this
+case, that sooner would we burn our right hands to cinders than express,
+directly or indirectly, sympathy with murder; and that our sympathy for
+Allen, Larkin, and O'Brien is based upon the conviction that they were
+innocent of any such crime. Gentlemen, having regard to all the
+circumstances of this sad business, having regard to the feelings under
+which we acted, think you is it a true charge that we had for our intent
+and object the bringing of the administration of justice into contempt?
+Does a man, by protesting, ever so vehemently, against an act of a not
+infallible tribunal, incur the charge of attempting its overthrow? What
+evidence can be shown to you that we uttered a word against the general
+character of the administration of justice in this country, while
+denouncing this particular proceeding, which we say was a fearful
+failure of justice&mdash;a horrible blunder, a terrible act of passion!
+None&mdash;none. I say, for myself, I sincerely believe that in this country
+of ours justice is administered by the judges of the Irish Bench with a
+purity and impartiality between man and man not to be surpassed in the
+universal world. Let me not be thought to cast reflection on this court,
+or the learned judges before whom I now stand, if I except in a certain
+sense, and on some occasions, political trials between the subject and
+the crown. Apart from this, I fearlessly say the bench of justice in
+Ireland fully enjoys and is worthy of respect and homage. I care not
+from what political party its members be drawn, I say that, with hardly
+an exception, when robed with the ermine, they become dead to the world
+of politics, and sink the politician in the loftier character of
+representative of Sacred Justice. Yet, gentlemen, holding those views, I
+would, nevertheless, protest against and denounce such a trial as that
+in Manchester, if it had taken place here in Ireland. For, what we
+contend is that the men in Manchester would never have been found guilty
+on such evidence, would never have been executed on such a verdict, if
+time had been given to let panic and passion pass away&mdash;time to let
+English good sense and calm reason and, sense of justice have sway. Now,
+gentlemen, judge ye me on this whole case; for I have done. I have
+spoken at great length, but I plead not merely my own cause but the
+cause of my country. For myself I care little. I stand before you here
+with the manacles, I might say, on my hands. Already a prison cell
+awaits me in Kilmainham. My doom, in any event, is sealed. Already a
+conviction has been obtained against me for my opinions on this same
+event; for it is not one arrow alone that has been shot from the crown
+office quiver at me&mdash;at my reputation, my property, my liberty. In a few
+hours more my voice will be silenced; but before the world is shut out
+from me for a term, I appeal to your verdict&mdash;to the verdict of my
+fellow-citizens&mdash;of my fellow-countrymen&mdash;to judge my life, my conduct,
+my acts, my principles and say am I a criminal. Sedition, in a rightly
+ordered community, is indeed a crime. But who is it that challenges me?
+Who is it that demands my loyalty? Who is it that calls out to me, &quot;Oh,
+ingrate son, where is the filial affection, the respect, the obedience,
+the support, that is my due? Unnatural, seditious, and rebellious child,
+a dungeon shall punish your crime!&quot; I look in the face of my accuser,
+who thus holds me to the duty of a son. I turn to see if there I can
+recognise the features of that mother, whom indeed I love, my own dear
+Ireland. I look into that accusing face, and there I see a scowl, and
+not a smile. I miss the soft, fond voice, the tender clasp, the loving
+word. I look upon the hands reached out to grasp me&mdash;to punish me; and
+lo, great stains, blood red, upon those hands; and my sad heart tells me
+it is the blood of my widowed mother, Ireland. Then I answer to my
+accuser&mdash;&quot;You have no claim on me&mdash;on my love, my duty, my allegiance.
+You are not my mother. You sit indeed in the place where she should
+reign. You wear the regal garments torn from her limbs, while she now
+sits in the dust, uncrowned and overthrown, and bleeding, from many a
+wound. But my heart is with her still. Her claim alone is recognised by
+me. She still commands my love, my duty, my allegiance; and whatever the
+penalty may be, be it prison chains, be it exile or death, to her I
+will be true&quot; (applause). But, gentlemen of the jury, what is that Irish
+nation to which my allegiance turns? Do I thereby mean a party, or a
+class, or creed? Do I mean only those who think and feel as I do on
+public questions? Oh, no. It is the whole people of this land&mdash;the
+nobles, the peasants, the clergy the merchants, the gentry, the traders,
+the professions&mdash;the Catholic, the Protestant, the Dissenter. Yes. I am
+loyal to all that a good and patriotic citizen should be loyal to; I am
+ready, not merely to obey, but to support with heartfelt allegiance, the
+constitution of my own country&mdash;the Queen as Queen of Ireland, and the
+free parliament of Ireland once more reconstituted in our national
+senate-house in College&mdash;green. And reconstituted once more it will be.
+In that hour the laws will again be reconciled with national feeling and
+popular reverence. In that hour there will be no more disesteem, or
+hatred, or contempt for the laws: for, howsoever a people may dislike
+and resent laws imposed upon them against their will by a subjugating
+power, no nation disesteems the laws of its own making. That day, that
+blessed day, of peace and reconciliation, and joy, and liberty, I hope
+to see. And when it comes, as come it will, in that hour it will be
+remembered for me that I stood here to face the trying ordeal, ready to
+suffer for my country&mdash;walking with bared feet over red hot ploughshares
+like the victims of old. Yes; in that day it will be remembered for me,
+though a prison awaits me now, that I was one of those journalists of
+the people who, through constant sacrifice and self-immolation, fought
+the battle of the people, and won every vestige of liberty remaining in
+the land. (As Mr. Sullivan resumed his seat, the entire audience burst
+into applause, again and again renewed, despite all efforts at
+repression.)</p></div>
+
+<p>The effect of this speech certainly was very considerable. Mr. Sullivan
+spoke for upwards of two hours and forty minutes, or until nearly a
+quarter past six o'clock. During the delivery of his address, twilight
+had succeeded day-light; the court attendants, later still, with silent
+steps and taper in hand, stole around and lit the chandeliers, whose
+glare upon the thousand anxious faces below, seemed to lend a still more
+impressive aspect to the scene. The painful idea of the speaker's peril,
+which was all-apparent at first amongst the densely-packed audience,
+seemed to fade away by degrees, giving place to a feeling of triumph, as
+they listened to the historical narrative of British misrule in Ireland,
+by which Irish &quot;disesteem&quot; for British law was explained and justified,
+and later on to the story of the Manchester tragedy by which Irish
+sympathy with the martyrs was completely vindicated. Again and again in
+the course of the speech, they burst into applause, regardless of
+threatened penalties; and at the close gave vent to their feelings in a
+manner that for a time defied all repression.</p>
+
+<p>When silence was restored, the court was formally adjourned to next day,
+Friday, at 10 o'clock, a.m.</p>
+
+<p>The morning came, and with it another throng; for it was known Mr.
+Martin would now speak in his turn. In order, however, that his speech,
+which was sure to be an important one, might close the case against the
+crown, Mr. Bracken, on the court resuming, put in <i>his</i> defence very
+effectively as follows:&mdash;</p>
+
+<div class='blkquot'><p>My lords&mdash;I would say a word or two, but after
+Mr. Sullivan's grand and noble speech of last evening, I think it now
+needless on my part. I went to the procession of the 8th December,
+assured that it was right from reading a speech of the Earl of Derby in
+the newspapers. There was a sitting of the Privy Council in Dublin on
+the day before, and I sat in my shop that night till twelve o'clock, to
+see if the procession would be forbidden by government. They, however,
+permitted it to take place, and I attended it fully believing I was
+right. That is all I have to say.</p></div>
+
+<p>This short speech&mdash;delivered in a clear musical and manly voice&mdash;put the
+whole case against the crown in a nut-shell. The appearance of the
+speaker too&mdash;a fine, handsome, robust, and well-built man, in the prime
+of life, with the unmistakable stamp of honest sincerity on his
+countenance and in his eye&mdash;gave his words greater effect with the
+audience; and it was very audibly murmured on all sides that he had
+given the government a home thrust in his brief but telling speech.</p>
+
+<p>Then Mr. Martin rose. After leaving court the previous evening he had
+decided to commit to writing what he intended to say; and he now read
+from manuscript his address to the jury. The speech, however, lost
+nothing in effect by this; for any auditor out of view would have
+believed it to have been spoken, as he usually speaks, <i>extempore</i>, so
+admirably was it delivered. Mr. Martin said:&mdash;</p>
+
+<div class='blkquot'><p>My lords and gentlemen of
+the jury&mdash;I am going to trouble this court with some reply to the charge
+made against me in this indictment. But I am sorry that I must begin by
+protesting that I do not consider myself as being now put upon my
+country to be tried as the constitution directs&mdash;as the spirit of the
+constitution requires&mdash;and, therefore, I do not address you for my legal
+defence, but for my vindication before the tribunal of conscience&mdash;a far
+more awful tribunal, to my mind, than this. Gentlemen, I regard you as
+twelve of my fellow-countrymen, known or believed by my prosecutors to
+be my political opponents, and selected for that reason for the purpose
+of obtaining a conviction against me in form of law. Gentlemen, I have
+not the smallest purpose of casting an imputation against your honesty
+or the honesty of my prosecutors who have selected you. This is a
+political trial, and in this country political trials are always
+conducted in this way. It is considered by the crown prosecutors to be
+their duty to exclude from the jury-box every juror known, or suspected,
+to hold or agree with the accused in political sentiment. Now,
+gentlemen, I have not the least objection to see men of the most
+opposite political sentiments to mine placed in the jury-box to try me,
+provided they be placed there as the constitution commands&mdash;provided
+they are twelve of my neighbours indifferently chosen. As a loyal
+citizen I am willing and desirous to be put upon my county, and fairly
+tried before any twelve of my countrymen, no matter what may happen to
+be the political sentiments of any of them. But I am sorry and indignant
+that this is not such a trial. This system by which over and over again
+loyal subjects of the Queen in Ireland are condemned in form of law for
+seeking, by such means as the constitution warrants, to restore her
+Majesty's kingdom of Ireland to the enjoyment of its national
+rights&mdash;this system, of selecting anti-Repealers and excluding Repealers
+from the jury box, when a Repealer like me is to be tried, is calculated
+to bring the administration of justice into disesteem, disrepute, and
+hatred. I here protest against it. My lords and gentlemen of the jury,
+before I offer any reply to the charges in this indictment, and the
+further development of those charges made yesterday by the learned
+gentleman whose official duty it was to argue the government's case
+against me, I wish to apologise to the court for declining to avail
+myself of the professional assistance of the bar upon this occasion. It
+is not through any want of respect for the noble profession of the bar
+that I decline that assistance. I regard the duties of a lawyer as among
+the most respectable that a citizen can undertake. His education has
+taught him to investigate the origin, and to understand principles of
+law, and the true nature of loyalty. He has had to consider how the
+interests of individual citizens may harmonise with the interests of the
+community, how justice and liberty may be united, how the state may have
+both order and contentment. The application of the knowledge which he
+has gained&mdash;viz., the study of law to the daily facts of human
+society&mdash;sharpens and strengthens all his faculties, clears his
+judgment, helps him to distinguish true from false, and right from
+wrong. It is no wonder, gentlemen, that an accomplished and virtuous
+lawyer holds a high place in the aristocracy of merit in every free
+country. Like all things human, the legal profession has its dark as
+well as its bright side, has in it germs of decay and rotten foulness as
+well as of health and beauty; but yet it is a noble profession, and one
+which I admire and respect. But, above all, I would desire to respect
+the bar of my own country, and the Irish bar&mdash;the bar made illustrious
+by such memories as those of Grattan and Flood, and the Emmets, and
+Curran, and Plunket, and Saurin, and Holmes, and Sheil, and O'Connell. I
+may add, too, of Burke and of Sheridan, for they were Irish in all that
+made them great. The bar of Ireland wants this day only the ennobling
+inspirations of national freedom to raise it to a level with the world.
+Under the Union very few lawyers have been produced whose names can rank
+in history with any of the great names I have mentioned. But still, even
+the present times of decay, and when the Union is preparing to carry
+away our superior courts, and the remains of our bar to Westminster, and
+to turn that beautiful building upon the quay into a barrack like the
+Linen Hall, or an English tax-gatherer's office like the Custom House,
+there are many learned, accomplished, and respectable lawyers at the
+Irish bar, and far be it from me to doubt but that any Irish lawyer who
+might undertake my defence would loyally exert himself as the lofty idea
+of professional honour commands to save me from a conviction. But to
+this attack upon my character as a good citizen and upon my liberty, my
+lords and gentlemen, the only defence I could permit to be offered would
+be a full justification of my political conduct, morally,
+constitutionally, legally&mdash;a complete vindication of my acts and words
+alleged to be seditious and disloyal, and to retort against my accusers
+the charge of sedition and disloyalty. Not, indeed, that I would desire
+to prosecute these gentlemen upon that charge, if I could count upon
+convicting them and send them to the dungeon instead of myself. I don't
+desire to silence them, or to hurt a hair of their wigs because their
+political opinions differed from mine. Gentlemen, this prosecution
+against me, like the prosecutions just accomplished against two national
+newspapers, is part of a scheme of the ministers of the crown for
+suppressing all voice of protest against the Union, for suppressing all
+public complaint against the deadly results of the Union, and all
+advocacy by act, speech, or writing for Repeal of the Union. Now I am a
+Repealer so long as I have been a politician at all&mdash;that is for at
+least twenty-four years past. Until the national self-government of my
+country be first restored, there appears to me to be no place, no <i>locus
+standi</i> (as lawyers say), for any other Irish political question, and I
+consider it to be my duty as a patriotic and loyal citizen, to endeavour
+by all honourable and prudent means to procure the Repeal of the Act of
+the Union, and the restoration of the independent Irish government, of
+which my country was (as I have said in my prosecuted speech), &quot;by fraud
+and force,&quot; and against the will of the vast majority of its people of
+every race, creed, and class, though under false form of law, deprived
+sixty-seven years ago. Certainly, I do not dispute the right of you,
+gentlemen, or of any man in this court, or in all Ireland, to approve
+of the Union, to praise it, if you think right, as being wise and
+beneficent, and to advocate its continuance openly by act, speech, and
+writing. But I naturally think that my convictions in this matter of the
+Union ought to be shared by you also, gentlemen, and by the learned
+judges, and the lawyers, both crown lawyers and all others, and by the
+policemen and soldiers, and all faithful subjects of her Majesty in
+Ireland. Now, gentlemen, such being my convictions, were I to entrust my
+defence in this court to a lawyer, he must speak as a Repealer, not only
+for me, but for himself, not only as a professional advocate, but as a
+man, and from the heart. I cannot doubt but that there are very many
+Irish lawyers who privately share my convictions about Repeal. Believing
+as I do in my heart and conscience, and with all the force of the mind
+that God has given me, that Repeal is the right and the only right
+policy for Ireland&mdash;for healing all the wounds of our community, all our
+sectarian feuds, all our national shame, suffering, and peril&mdash;for
+making our country peaceful, industrious, prosperous, respectable, and
+happy&mdash;I cannot doubt but that in the enlightened profession of the bar
+there must be very many Irishmen who, like me, consider Repeal to be
+right, and best, and necessary for the public good. But, gentlemen, ever
+since the Union, by fraud and force and against the will of the Irish
+people, was enacted&mdash;ever since that act of usurpation by the English
+parliament of the sovereign rights of the queen, lords, and commons of
+Ireland&mdash;ever since this country was thereby rendered the subject
+instead of the sister of England&mdash;ever since the Union, but especially
+for about twenty years past, it has been the policy of those who got
+possession of the sovereign rights of the Irish crown to appoint to all
+places of public trust, emolument, or honour in Ireland only such as
+would submit, whether by parole or by tacit understanding, to suppress
+all public utterance of their desire for the Repeal of the Union such as
+has been the persistent policy towards this country of those who command
+all the patronage of Irish offices, paid and unpaid&mdash;the policy of all
+English ministers, whether Whig or Tory, combined with the disposal of
+the public forces&mdash;such a policy is naturally very effective in not
+really reconciling, but in keeping Ireland quietly subject to the Union.
+It is a hard trial of men's patriotism to be debarred from all career of
+profitable and honourable distinction in the public service of their own
+country. I do not wonder that few Irish lawyers, in presence of the
+mighty power of England, dare to sacrifice personal ambition and
+interest to what may seem a vain protest against accomplished facts. I
+do not wish to attack or offend them&mdash;as this court expresses it, to
+impute improper motives to them&mdash;by thus simply stating the sad facts
+which are relevant to my own case in this prosecution, and explaining
+that I decline professional assistance, because few lawyers would be so
+rash as to adopt my political convictions, and vindicate my political
+conduct as their own, and because if any lawyer were so bold as to offer
+me his aid on my own terms, I am too generous to permit him to ruin his
+professional career for my sake. Such are the reasons, gentlemen of the
+jury and my lords, why I am now going through this trial, not <i>secundum
+artum</i>, but like an eccentric patient who won't be treated by the
+doctors but will quack himself. Perhaps I would be safer if I did not
+say a word about the legal character of the charge made against me in
+this indictment. There are legal matters as dangerous to handle as any
+drugs in the pharmacopoeia. Yet I shall trouble you for a short time
+longer, while I endeavour to show that I have not acted in a way
+unbecoming a good citizen. The charge against me in this indictment is
+that I took part in an illegal procession by the provisions of the
+statute entitled in the Party Processions' Act. His lordship enumerated
+seven conditions, the violation of some one of which is necessary to
+render an assembly illegal at common law. Those seven conditions are&mdash;1.
+That the persons forming the assembly met to carry out an unlawful
+purpose. 2. That the numbers in which the persons met endangered the
+public peace. 3. That the assembly caused alarm to the peaceful subjects
+of the Queen. 4. That the assembly created disaffection. 5. That the
+assembly incited her Majesty's Irish subjects to hate her Majesty's
+English subjects&mdash;his lordship did not say anything of the case of an
+assembly inciting the Queen's English subjects to hate the Queen's Irish
+subjects, but no such case is likely to be tried here. 6. That the
+assembly intended to asperse the right and constitutional administration
+of justice; and 7. That the assembly intended to impair the functions of
+justice and to bring the administration of justice into disrepute. I say
+that the procession of the 8th December did not violate any one of these
+conditions&mdash;1. In the first place the persons forming that procession
+did not meet to carry out any unlawful purpose&mdash;their purpose was
+peaceably to express their opinion upon a public act of the public
+servants of the crown. 2. In the second place the numbers in which those
+persons met did not endanger the public peace. None of those persons
+carried arms. Thousands of those persons were women and children. There
+was no injury or offence attempted to be committed against anybody, and
+no disturbance of the peace took place. 3. In the third place the
+assembly caused no alarm to the peaceable subjects of the Queen&mdash;there
+is not a tittle of evidence to that effect. 4. In the fourth place the
+assembly did not create disaffection, neither was it intended or
+calculated to create disaffection. On the contrary, the assembly served
+to give peaceful expression to the opinion entertained by vast numbers
+of her Majesty's peaceful subjects upon a public act of the servants of
+the crown, an act which vast numbers of the Queen's subjects regretted
+and condemned. And thus the assembly was calculated to prevent or remove
+disaffection, and such open and peaceful manifestations of the real
+opinions of the Queen's subjects upon public affairs is the proper,
+safe, and constitutional way in which they may aid to prevent
+disaffection. 5. In the fifth place the assembly did not incite the
+Irish subjects of the Queen to hate her Majesty's subjects. On the
+contrary, it was a proper constitutional way of bringing about a right
+understanding upon a transaction which, if not fairly and fully
+explained and set right, must produce hatred between the two peoples.
+That transaction was calculated to produce hatred. But those who protest
+peaceably against such a transaction are not the party to be blamed, but
+those responsible for the transaction. 6. In the sixth place the
+assembly had no purpose of aspersing the right and constitutional
+administration of justice. Its tendency was peaceably to point out
+faults in the conduct of the servants of the crown, charged with the
+administration of justice, which faults were calculated to bring the
+administration of justice into disrepute. 7. Nor, in the seventh place,
+did the assembly impair the functions of justice, or intend or tend to
+do so. Even my prosecutors do not allege that judicial tribunals are
+infallible. It would be too absurd to make such an allegation in plain
+words. It is admitted on all hands that judges have sometimes given
+wrong directions, that juries have given wrong verdicts, that courts of
+justice have wrongfully appreciated the whole matter for trial. When
+millions of the Queen's subjects think that such wrong has been done, is
+it sedition for them to say so peaceably and publicly? On the contrary,
+the constitutional way for good citizens to act in striving to keep the
+administration of justice pure and above suspicion of unfairness, is by
+such open and peaceable protests. Thus, and thus only, may the functions
+of justice be saved from being impaired. In this case wrong had been
+done. Five men had been tried together upon the same evidence, and
+convicted together upon that evidence, and while one of the five was
+acknowledged by the crown to be innocent, and the whole conviction was
+thus acknowledged to be wrong and invalid, three of the five men were
+hanged upon that conviction. My friend, Mr. Sullivan, in his eloquent
+and unanswerable speech of yesterday, has so clearly demonstrated the
+facts of that unhappy and disgraceful affair of Manchester, that I shall
+merely say of it that I adopt every word he spoke upon the subject for
+mine, and to justify the sentiment and purpose with which I engaged in
+the procession of the 8th December. I say the persons responsible for
+that transanction are fairly liable to the charge of acting so as to
+bring the administration of justice into contempt, unless, gentlemen,
+you hold those persons to be infallible and hold that thay can do no
+wrong. But, gentlemen, the constitution does not say that the servants
+of the crown can do no wrong. According to the constitution the
+sovereign can do no wrong, but her servants may. In this case they have
+done wrong. And, gentlemen, you cannot right that wrong, nor save the
+administration of justice from the disreputation into which such
+proceedings are calculated to bring it, by giving a verdict to put my
+comrades and myself into jail for saying openly and peaceably that we
+believe the administration of justice in that unhappy affair did do
+wrong. But further, gentlemen, let us suppose that you twelve jurors, as
+well as the servants of the crown who are prosecuting me, and the two
+judges, consider me to be mistaken in my opinion upon that judicial
+proceeding, yet you have no right under the constitution to convict me
+of a misdemeanour for openly and peaceably expressing my opinion. You
+have no such right; and as to the wisdom of treating my differences of
+opinion and the peaceable expression of it as a penal offence&mdash;and the
+wisdom of a political act ought to be a serious question with all good
+and loyal citizens&mdash;consider that the opinion you are invited by the
+crown prosecutors to pronounce to be a penal offence is not mine alone,
+nor that of the five men herein indicted, but is the opinion of all the
+30,000 persons estimated by the crown evidence to have taken part in the
+assembly of the 8th of December; is the opinion besides of the 90,000 or
+100,000 others who, standing in the streets of this city, or at the open
+windows overlooking the streets traversed by the procession that day,
+manifested their sympathy with the objects of the procession; is the
+opinion, as you are morally certain, of some millions of your Irish
+fellow-subjects. By indicting me for the expression of that opinion the
+public prosecutors virtually indict some millions of the Queen's
+peaceable Irish subjects. It is only the convenience of this
+court&mdash;which could not hold the millions in one batch of traversers, and
+which would require daily sittings for several successive years to go
+through the proper formalities for duly trying all those millions; it is
+only the convenience of this court that can be pretended to relieve the
+crown prosecutors from the duty of trying and convicting all those
+millions if it is their duty to try and convict me. The right principles
+of law do not allow the servants of the crown to evade or neglect their
+duty of bringing to justice all offenders against the law. I suppose
+these gentlemen may allege that it is at their discretion what offenders
+against the law they will prosecute. I deny that the principles of the
+law allow them, or allow the Queen such discretion. The Queen, at her
+coronation services, swears to do justice to all her subjects according
+to the law. The Queen, certainly, has the right by the constitution to
+pardon any offenders against the law. She has the prerogative of mercy.
+But there can be no pardon, no mercy, till after an offence be proved in
+due course of law by accusation of the alleged offenders before the
+proper tribunals, followed by the plea of guilty or the jurors' verdict
+of guilty. And to select one man or six men for trial, condemnation, and
+punishment, out of, say, four millions who have really participated in
+the same alleged wicked, malicious, seditious, evil-disposed, and
+unlawful proceeding, is unfair to the six men, and unfair to the other
+3,999,994 men&mdash;is a dereliction of duty on the part of the officers of
+the law, and is calculated to bring the administration of justice into
+disrepute. Equal justice is what the constitution demands. Under
+military authority an army may be decimated, and a few men may properly
+be punished, while the rest are left unpunished. But under a free
+constitution it is not so. Whoever breaks the law must be made amenable
+to punishment, or equal justice is not rendered to the subjects of the
+Queen. Is it not pertinent, therefore, gentlemen, for me to say to you
+this is an unwise proceeding which my prosecutors bid you to sanction
+by a verdict? I have heard it asked by a lawyer addressing this court as
+a question that must be answered in the negative&mdash;can you indict a whole
+nation? If such a proceeding as this prosecution against the peaceable
+procession of the 8th December receives the sanction of your verdict,
+that question must be answered in the affirmative. It will need only a
+crown prosecutor, an attorney-general, and a solicitor-general, two
+judges, and twelve jurors, all of the one mind, while all the other
+subjects of the Queen in Ireland are of a different mind, and the five
+millions and a half of the Queen's subjects of Ireland outside that
+circle of seventeen of her Majesty's subjects, may be indicted,
+convicted, and consigned to penal imprisonment in due form of law&mdash;a law
+as understood in political trials in Ireland. Gentlemen, I have thus far
+endeavoured to argue from the common sense of mankind, with which the
+principles of law must be in accord, that the peaceable procession of
+the 8th of December&mdash;that peaceable demonstration of the sentiment of
+millions of the Queen's subjects in Ireland&mdash;did not violate any of the
+seven conditions of the learned judge to the grand jury in defining what
+constitutes an illegal assembly at common law; and I have also argued
+that the prosecution is unwise, and calculated to excite discontent.
+Gentlemen, I shall now endeavour to show you that the procession of the
+8th of December did not violate the statute entitled the Party
+Processions' Act. The learned judge in his charge told the grand jury
+that under this act all processions are illegal which carry weapons of
+offence, or which carry symbols calculated to promote the animosity of
+some other class of her Majesty's subjects. Applying the law to this
+case, his lordship remarked that the processions of the 8th of December
+had something of military array&mdash;that is, they went in regular order
+with a regular step. But, gentlemen, there were no arms in that
+procession, there were no symbols in that procession intended or
+calculated to provoke animosity in any other class of the Queen's
+subjects, or in any human creature. There were neither symbol, nor deed,
+or word intended to provoke animosity, and as to the military array&mdash;is
+it not absurd to attribute a warlike character to an unarmed and
+perfectly peaceful assemblage, in which there were some thousands of
+women and children? No offence was given or offered any human being. The
+authorities were so assured of the peacefulness and inoffensiveness of
+the assemblage that the police were withdrawn in a great measure from
+their ordinary duties of preventing disorders. And as to the remark that
+the people walked with a regular step, I need only say that was done for
+the sake of order and decorum. It would be merely to doubt whether you
+are men of common sense if I argued any further to satisfy you that the
+procession did not violate the Party Processions' Act, such as it is
+defined by the learned judge. The speech delivered on that occasion is
+an important element in forming a judgment upon the character and object
+of the procession. The speech declared the procession to be a peaceable
+expression of the opinion of those who composed it upon an important
+public transaction, an expression of sorrow and indignation at an act
+of the ministers of the government. It was a protest against that act&mdash;a
+protest which those who disapproved of it were entitled by the
+constitution to make, and which they made, peaceably and legitimately.
+Has not every individual of the millions of the Queen's subjects the
+right to say so say openly whether he approves or disapproves of any
+public act of the Queen's ministers? Has not all the Queen's subjects
+the right to say altogether if they can without disturbance of the
+Queen's peace? The procession enabled many thousands to do that without
+the least inconvenience or danger to themselves, and with no injury or
+offence to their neighbours. To prohibit or punish peaceful,
+inoffensive, orderly, and perfectly innocent processions upon pretence
+that they are constructively unlawful, is unconstitutional tyranny. Was
+it done because the ministers discovered that the terror of suspended
+habeas corpus had not in this matter stifled public opinion? Of course,
+if anything be prohibited by government, the people obey&mdash;of course I
+obey. I would not have held the procession had I not understood that it
+was permitted. But understanding that it was permitted, and so believing
+that it might serve the people for a safe and useful expression of their
+sentiment, I held the procession. I did not hold the procession because
+I believed it to be illegal, but because I believed it to be legal and
+understood it to be permitted. In this country it is not law that must
+rule a loyal citizen's conduct, but the caprice of the English
+ministers. For myself, I acknowledge that I submit to such a system of
+government unwillingly, and with constant hope for the restoration of
+the reign of law, but I do submit. Why at first did the ministers of the
+crown permit an expression of censure upon that judicial proceeding at
+Manchester by a procession&mdash;why did they not warn her Majesty's subjects
+against the danger of breaking the law? Was it not because they thought
+that the terrors of the suspended habeas corpus would be enough to
+prevent the people from coming openly forward at all to express their
+real sentiments? Was it because they found that so vehement and so
+general was the feeling of indignation at that unhappy transaction at
+Manchester that they did venture to come openly forward&mdash;with perfect
+peacefulness and most careful observance of the peace to express their
+real sentiments&mdash;that the ministry proclaimed down the procession, and
+now prosecute us in order to stifle public opinion? Gentlemen of the
+jury, I have said enough to convince any twelve reasonable men that
+there was nothing in my conduct in the matter of that procession which
+you can declare on your oaths to be &quot;malicious, seditious, ill-disposed,
+and intended to disturb the peace and tranquility of the realm.&quot; I shall
+trouble you no further, except by asking you to listen to the summing up
+of this indictment, and, while you listen to judge between me and the
+attorney-general. I shall read you my words and his comment. Judge of
+us, Irish jurors, which of us two are guilty:&mdash;&quot;Let us, therefore,
+conclude this proceeding by joining heartily, with hats off, in the
+prayer of those three men, 'God save Ireland.'&quot; &quot;Thereby,&quot; says the
+attorney-general in his indictment, &quot;meaning, and intending to excite
+hatred, dislike, and animosity against her Majesty and the government,
+and bring into contempt the administration of justice and the laws of
+this realm, and cause strife and hatred between her Majesty's subjects
+in Ireland and in England, and to excite discontent and disaffection
+against her Majesty's government.&quot; Gentlemen, I have now done.</p>
+
+<p>Mr. Martin sat down amidst loud and prolonged applause.</p></div>
+
+<p>This splendid argument, close, searching, irresistible, gave the <i>coup
+de grace</i> to the crown case. The prisoners having called no evidence,
+according to honourable custom having almost the force of law, the
+prosecution was disentitled to any rejoinder. Nevertheless, the crown
+put up its ablest speaker&mdash;a man far surpassing in attainments as a
+lawyer and an orator both the Attorney and Solicitor-General&mdash;Mr. Ball,
+Q.C., to press against the accused that technical right which honourable
+usage reprehended as unfair! No doubt the crown authorities felt it was
+not a moment in which they could afford to be squeamish or scrupulous.
+The speeches of Mr. Sullivan and Mr. Martin had had a visible effect
+upon the jury&mdash;had, in fact, made shreds of the crown case; and so Mr.
+Ball was put up as the last hope of averting the &quot;disaster&quot; of a
+failure. He spoke with his accustomed ability and dignity, and made a
+powerful appeal in behalf of the crown. Then Mr. Justice Fitzgerald
+proceeded to charge the jury, which he did in his own peculiarly calm,
+precise, and perspicuous style. At the outset, referring to the protest
+of the accused against the conduct of the crown in the jury challenges,
+he administered a keen rebuke to the government officials. It was, he
+said, no doubt the strict legal <i>right</i> of the crown to act as it had
+done; yet, considering that this was a case in which the accused was
+accorded no corresponding privilege, the exercise of that right in such
+a manner by the crown certainly was, in his, Mr. Justice Fitzgerald's
+estimation, <i>a subject for grave objection</i>.</p>
+
+<p>Here there was what the newspaper reporters call &quot;sensation in court.&quot;
+What! Had it come to this, that one of the chief institutions of the
+land&mdash;a very pillar of the crown and government&mdash;namely,<i>jury-packing,</i>
+was to be reflected upon from the bench itself. Monstrous!</p>
+
+<p>The charge, though mild in language, was pretty sharp on the
+&quot;criminality&quot; of such conduct as was <i>imputed</i> to the accused, yet
+certainly left some margin to the jury for the exercise of their opinion
+upon &quot;the law and the facts.&quot;</p>
+
+<p>At two o'clock in the afternoon the jury retired to consider their
+verdict, and as the judges at the same moment withdrew to their chamber,
+the pent-up feelings of the crowded audience instantly found vent in
+loud Babel-like expressions and interchange of comments on the charge,
+and conjectures as to the result. &quot;Waiting for the verdict&quot; is a scene
+that has often been described and painted. Everyone of course concluded
+that half-an-hour would in any case elapse before the anxiously watched
+jury-room door would open; but when the clock hands neared three,
+suspense intense and painful became more and more visible in every
+countenance. It seemed to be only now that men fully realized all that
+was at stake, all that was in peril, on this trial! <i>A conviction in
+this case rendered the national colour of Ireland for ever more an
+illegal and forbidden emblem</i>! A conviction in this case would degrade
+the symbol of nationality into a badge of faction! To every fevered
+anxious mind at this moment rose the troubled memories of gloomy
+times&mdash;the &quot;dark and evil days&quot; chronicled in that popular ballad, the
+music and words of which now seemed to haunt the watchers in the
+court:&mdash;</p>
+
+<p class='poem'><span>&quot;Oh, Patrick, dear, and did you hear</span>
+<span class='i2'>The news that's going round?</span>
+<span>The shamrock is by law forbid.</span>
+<span class='i2'>To grow on Irish ground.</span>
+<span>No more St. Patrick's day we'll keep&mdash;</span>
+<span class='i2'>His colour can't be seen,</span>
+<span>For there's a bloody law again</span>
+<span class='i2'>The Wearing of the Green.&quot;</span>
+</p>
+
+<p>But hark! There is a noise at the jury-room door! It opens&mdash;the jury
+enter the box. A murmur, swelling to almost a roar, from the crowded
+audience, is instantly followed by a deathlike stillness. The judges are
+called; but by this time it is noticed that the foreman has not the
+&quot;issue-paper&quot; ready to hand down; and a buzz goes round&mdash;&quot;a question; a
+question!&quot; It is even so. The foreman asks:&mdash;</p>
+
+<div class='blkquot'><p>Whether, if they believed the speech of Mr. Martin to be in itself
+   seditious, should they come to the conclusion that the assemblage was
+   seditious?</p></div>
+
+<p>Mr. Justice Fitzgerald answers <i>in the negative</i>, and a thrill goes
+through the audience. Nor is this all. One of the jurors declares there
+is no chance whatever of their agreeing to a verdict! Almost a cheer
+breaks out. The judge, however, declares they must retire again; which
+the jury do, very reluctantly and doggedly; in a word, very unlike men
+likely to &quot;persuade one another.&quot;</p>
+
+<p>When the judges again leave the bench for their chamber, the crowd in
+court give way outright to joy. Every face is bright; every heart is
+light; jokes go round, and there is great &quot;chaff&quot; of the crown
+officials, and of the &quot;polis,&quot; who, poor fellows, to tell the truth,
+seem to be as glad as the gladdest in the throng. Five o'clock
+arrives&mdash;half-past five&mdash;the jury must suavely be out soon now. At a
+quarter to six they come; and for an instant the joke is hushed, and
+cheeks suddenly grow pale with fear lest by any chance it might be evil
+news. But the faces of the jurymen tell plainly &quot;no verdict.&quot; The judges
+again are seated. The usual questions in such cases: the usual answers.
+&quot;No hope whatever of an agreement.&quot; Then after a reference to the
+Solicitor-General, who, in sepulchral tone, &quot;supposes&quot; there is &quot;nothing
+for it&quot; but to discharge the jury, his lordship declares the jury
+discharged.</p>
+
+<p>Like a volley there burst a wild cheer, a shout, that shook the
+building! Again and again it was renewed; and, being caught up by the
+crowd outside, sent the tidings of victory with electrical rapidity
+through the city. Then there was a rush at Mr. Martin and Mr. Sullivan.
+The former especially was clasped, embraced, and borne about by the
+surging throng, wild with joy. It was with considerable difficulty any
+of the traversers could get away, so demonstrative was the multitude in
+the streets. Throughout the city the event was hailed with rejoicing,
+and the names of the jurymen, &quot;good and bad&quot; were vowed to perpetual
+benediction. For once, at least, justice had triumphed; or rather,
+injustice had been baulked. For once, at least, the people had won the
+day; and the British Government had received a signal overthrow in its
+endeavour to proscribe&mdash;</p>
+
+<h2>&quot;THE WEARING OF THE GREEN.&quot;</h2>
+
+<hr style='width: 45%;' />
+
+<p>For one of the actors in the above-described memorable scene, the
+victory purchased but a few hours safety. Next morning Mr. A.M. Sullivan
+was placed again at the bar to hear his sentence&mdash;that following upon
+the first of the prosecutions hurled against him (the <i>press</i>
+prosecution), on which he had been found guilty. Again the court was
+crowded&mdash;this time with anxious faces, devoid of hope. It was a brief
+scene. Mr. Justice Fitzgerald announced the sentence&mdash;six months in
+Richmond Prison; and amidst a farewell demonstration that compelled the
+business of the court to be temporarily suspended, the officials led
+away in custody the only one of the prosecuted processionists who
+expiated by punishment his sympathy with the fate of the Martyred Three
+of Manchester.</p>
+
+<h2>END.</h2>
+
+<p>
+[Transcriber's note: The spelling inconsistencies of the original are
+retained in this etext.]
+</p>
+
+<div>*** END OF THE PROJECT GUTENBERG EBOOK 12853 ***</div>
+</body>
+</html>
+
+
+
+
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+Project Gutenberg (https://www.gutenberg.org) public repository for
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+The Project Gutenberg EBook of The Wearing of the Green, by A.M. Sullivan
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: The Wearing of the Green
+
+Author: A.M. Sullivan
+
+Release Date: July 8, 2004 [EBook #12853]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK THE WEARING OF THE GREEN ***
+
+
+
+
+Produced by Jonathan Ingram, Martin Pettit and PG Distributed
+Proofreaders
+
+
+
+
+
+
+[Transcriber's note: The spelling inconsistencies of the original are
+retained in this etext.]
+
+
+THE
+
+"WEARING OF THE GREEN,"
+
+_OR_
+
+THE PROSECUTED FUNERAL PROCESSION.
+
+       *       *       *       *       *
+
+  Let the echoes fall unbroken;
+     Let our tears in silence flow;
+  For each word thus nobly spoken,
+     Let us yield a nation's woe;
+  Yet, while weeping, sternly keeping
+     Wary watch upon the foe.
+
+_Poem in the_ "NATION."
+
+DUBLIN:
+
+A.M. SULLIVAN, ABBEY STREET.
+
+1868.
+
+
+
+
+THE
+
+PROSECUTED FUNERAL PROCESSION.
+
+       *       *       *       *       *
+
+The news of the Manchester executions on the morning of Saturday, 23rd
+November, 1867, fell upon Ireland with sudden and dismal disillusion.
+
+In time to come, when the generation now living shall have passed away,
+men will probably find it difficult to fully realize or understand the
+state of stupor and amazement which ensued in this country on the first
+tidings of that event; seeing, as it may be said, that the victims had
+lain for weeks under sentence of death, to be executed on this date. Yet
+surprise indubitably was the first and most overpowering emotion; for,
+in truth, no one up to that hour had really credited that England would
+take the lives of those three men on a verdict already publicly admitted
+and proclaimed to have been a blunder. Now, however, came the news that
+all was over--that the deed was done--and soon there was seen such an
+upheaving of national emotion as had not been witnessed in Ireland for a
+century. The public conscience, utterly shocked, revolted against the
+dreadful act perpetrated in the outraged name of justice. A great billow
+of grief rose and surged from end to end of the land. Political
+distinctions disappeared or were forgotten. The Manchester Victims--the
+Manchester Martyrs, they were already called--belonged to the Fenian
+organization; a conspiracy which the wisest and truest patriots of
+Ireland had condemned and resisted; yet men who had been prominent in
+withstanding, on national grounds, that hopeless and disastrous
+scheme--priests and laymen--were now amongst the foremost and the
+boldest in denouncing at every peril the savage act of vengeance
+perpetrated at Manchester. The Catholic clergy were the first to give
+articulate expression to the national emotion. The executions took place
+on Saturday; before night the telegraph had spread the news through the
+island; and on the next morning, being Sunday, from a thousand altars
+the sad event was announced to the assembled worshippers, and prayers
+were publicly offered for the souls of the victims. When the news was
+announced, a moan of sorrowful surprise burst from the congregation,
+followed by the wailing and sobbing of women; and when the priest, his
+own voice broken with emotion, asked all to join with him in praying the
+Merciful God to grant those young victims a place beside His throne, the
+assemblage with one voice responded, praying and weeping aloud!
+
+The manner in which the national feeling was demonstrated on this
+occasion was one peculiarly characteristic of a nation in which the
+sentiments of religion and patriotism are so closely blended. No stormy
+"indignation meetings" were held; no tumult, no violence, no cries for
+vengeance arose. In all probability--nay, to a certainty--all this would
+have happened, and these ebullitions of popular passion would have been
+heard, had the victims not passed into eternity. But now, they were gone
+where prayer alone could follow; and in the presence of this solemn fact
+the religious sentiment overbore all others with the Irish people. Cries
+of anger, imprecations, and threats of vengeance, could not avail the
+dead; but happily religion gave a vent to the pent-up feelings of the
+living. By prayer and mourning they could at once, most fitly and most
+successfully, demonstrate their horror of the guilty deed, and their
+sympathy with the innocent victims.
+
+Requiem Masses forthwith were announced and celebrated in several
+churches; and were attended by crowds everywhere too vast for the sacred
+edifices to contain. The churches in several instances were draped with
+black, and the ceremonies conducted with more than ordinary solemnity.
+In every case, however, the authorities of the Catholic church were
+careful to ensure that the sacred functions were sought and attended for
+spiritual considerations, not used merely for illegitimate political
+purposes; and wherever it was apprehended that the holy rites were in
+danger of such use, the masses were said privately.
+
+And soon public feeling found yet another vent; a mode of manifesting
+itself scarcely less edifying than the Requiem Masses; namely, funeral
+processions. The brutal vengeance of the law consigned the bodies of
+Allen, Larkin, and O'Brien to dishonoured graves; and forbade the
+presence of sympathising friend or sorrowing relative who might drop a
+tear above their mutilated remains. Their countrymen now, however,
+determined that ample atonement should be made to the memory of the dead
+for this denial of the decencies of sepulture. On Sunday, 1st December,
+in Cork. Manchester, Mitchelstown, Middleton, Limerick, and Skibbereen,
+funeral processions, at which thousands of persons attended, were held;
+that in Cork being admittedly the most imposing, not only in point of
+numbers, but in the character of the demonstration and the demeanour of
+the people.
+
+For more than twenty years Cork city has held an advanced position in
+the Irish national struggle. In truth, it has been one of the great
+strongholds of the national cause since 1848. Nowhere else did the
+national spirit keep its hold so tenaciously and so extensively amidst
+the people. In 1848 Cork city contained probably the most formidable
+organization in the country; formidable, not merely in numbers, but in
+the superior intelligence, earnestness, and determination of the men;
+and even in the Fenian conspiracy, it is unquestionable that the
+southern capital contributed to that movement men--chiefly belonging to
+the mercantile and commercial classes--who, in personal worth and
+standing, as well as in courage, intelligence, and patriotism, were the
+flower of the organization. Finally, it must be said, that it was Cork
+city by its funeral demonstration of the 1st December, that struck the
+first great blow at the Manchester verdict, and set all Ireland in
+motion. [Footnote: It may be truly said set the Irish race all over the
+world in motion. There is probably no parallel in history for the
+singular circumstance of these funeral processions being held by the
+dispersed Irish in lands remote, apart, as pole from pole--in the old
+hemisphere and in the new--in Europe, in America, in Australia;
+prosecutions being set on foot by the English government to punish them
+at both ends of the world--in Ireland and in New Zealand! In Hokatika
+the Irish settlers--most patriotic of Ireland's exiles--organized a
+highly impressive funeral demonstration. The government seized and
+prosecuted its leaders, the Rev. Father Larkin, a Catholic clergyman,
+and Mr. Wm. Manning, editor of the _Hokatika Celt_. A jury, terrified by
+Fenian panic, brought them in "guilty," and the patriot priest and
+journalist were consigned to a dungeon for the crime of mourning for the
+dead and protesting against judicial murder.]
+
+Meanwhile the Irish capital had moved, and was organizing a
+demonstration destined to surpass all that had yet been witnessed. Early
+in the second week of December, a committee was formed for the purpose
+of organizing a funeral procession in Dublin, worthy of the national
+metropolis. Dublin would have come forward sooner, but the question of
+the _legality_ of the processions that were announced to come off the
+previous week in Cork and other places, had been the subject of fierce
+discussion in the government press; and the national leaders were
+determined to avoid the slightest infringement of the law or the least
+inroad on the public peace. It was only when, on the 3rd of December,
+Lord Derby, the Prime Minister, replying in the House of Lords to Lord
+Dufferin, declared the opinion of the crown that the projected
+processions were not illegal, that the national party in Dublin decided
+to form a committee and organize a procession. The following were Lord
+Derby's words:--
+
+   "He could assure the noble lord that the government would continue to
+   carry out the law with firmness and impartiality. The Party
+   Processions Act, however, did not meet the case of the funeral
+   processions, the parties engaged in them having, by not displaying
+   banners or other emblems, kept within the law as far as his
+   information went."
+
+Still more strong assurance was contained in the reply of the Irish
+Chief Secretary, Lord Mayo, to a question put by Sir P. O'Brien in the
+House of Commons. Lord Mayo publicly announced and promised that if any
+new opinion as to the legality of the processions should be arrived
+at--that is, should the crown see in them anything of illegality--_due
+and timely notice would be given_ by proclamation, so that no one might
+offend through ignorance. Here are his words:--
+
+   "It is the wish of the government to act strictly in accordance with
+   the law; _and of course ample notice will be given either by
+   proclamation or otherwise_."
+
+The Dublin funeral committee thereupon at once issued the following
+announcement, by placard and advertisement:--
+
+   GOD SAVE IRELAND!
+   A PUBLIC FUNERAL PROCESSION
+
+   In honour of the Irish Patriots
+   Executed at Manchester, 23rd November,
+   Will take place in Dublin
+   On Sunday next, the 8th inst.
+
+       *       *       *       *       *
+
+   The procession will assemble in Beresford-place, near the Custom
+   House, and will start from thence at the hour of twelve o'clock noon.
+
+       *       *       *       *       *
+
+   No flags, banners, or party emblems will be allowed.
+
+       *       *       *       *       *
+
+   IRISHMEN
+
+   Assemble in your thousands, and show by your numbers and your orderly
+   demeanour your sympathy with the fate of the executed patriots.
+
+       *       *       *       *       *
+
+   IRISHWOMEN
+
+   You are requested to lend the dignity of your presence to this
+   important National Demonstration.
+
+   By Order of the Committee.
+
+   JOHN MARTIN, Chairman.
+   J.C. WATERS, Hon. Secretary.
+   JAMES SCANLAN, Hon. Secretary.
+   J.J. LALOR, Hon. Secretary.
+   DONAL SULLIVAN, Up. Buckingham-street, Treasurer.
+
+The appearance of the "funeral procession placards" all over the city on
+Thursday, 5th December, increased the public excitement. No other topic
+was discussed in any place of public resort, but the event forthcoming
+on Sunday. The first evidence of what it was about to be, was the
+appearance of the drapery establishments in the city on Saturday
+morning; the windows, exteriorly and interiorly, being one mass of crape
+and green ribbon--funeral knots, badges, scarfs, hat-bands, neckties,
+&c., exposed for sale. Before noon most of the retail, and several of
+the wholesale houses had their entire stock of green ribbon and crape
+exhausted, it being computed that _nearly one hundred thousand yards_
+had been sold up to midnight of Saturday! Meantime the committee sat _en
+permanance_, zealously pushing their arrangements for the orderly and
+successful carrying out of their great undertaking--appointing stewards,
+marshals, &c.--in a word, completing the numerous details on the
+perfection of which it greatly depended whether Sunday was to witness a
+successful demonstration or a scene of disastrous disorder. On this, as
+upon every occasion when a national demonstration was to be organized,
+the trades of Dublin, Kingstown, and Dalkey, exhibited that spirit of
+patriotism for which they have been proverbial in our generation. From
+their ranks came the most efficient aids in every department of the
+preparations. On Saturday evening the carpenters, in a body, immediately
+after their day's work was over, instead of seeking home and rest,
+refreshment or recreation after their week of toil, turned into the
+_Nation_ office machine rooms, which they quickly improvised into a vast
+workshop, and there, as volunteers, laboured away till near midnight,
+manufacturing "wands" for the stewards of next morning's procession.
+
+Sunday, 8th December, 1867, dawned through watery skies. From shortly
+after day-break, rain, or rather half-melted sleet, continued to fall;
+and many persons concluded that there would be no attempt to hold the
+procession under such inclement weather. This circumstance was, no
+doubt, a grievous discouragement, or rather a discomfort and an
+inconvenience; but so far from preventing the procession, it was
+destined to add a hundred-fold to the significance and importance of the
+demonstration. Had the day been fine, tens of thousands of persons who
+eventually only lined the streets, wearing the funeral emblems, would
+have marched in the procession as they had originally intended; but
+hostile critics would in this case have said that the fineness of the
+day and the excitement of the pageant had merely caused a hundred
+thousand persons to come out for a holiday. Now, however, the depth,
+reality, and intensity of the popular feeling was about to be keenly
+tested. The subjoined account of this memorable demonstration is
+summarised from the Dublin daily papers of the next ensuing publication,
+the report of the _Freeman's Journal_ being chiefly used:--
+
+   As early as ten o'clock crowds began to gather in Beresford-place,
+   and in an hour about ten thousand men were present. The morning had
+   succeeded to the hopeless humidity of the night, and the drizzling
+   rain fell with almost dispiteous persistence. The early trains from
+   Kingstown and Dalkey, and all the citerior townlands, brought large
+   numbers into Dublin; and Westland-row, Brunswick, D'Olier, and
+   Sackville-streets, streamed with masses of humanity. A great number
+   of the processionists met in Earlsfort-terrace, all round the
+   Exhibition, and at twelve o'clock some thousands had collected. It
+   was not easy to learn the object of this gathering; it may have been
+   a mistake, and most probably it was, as they fell in with the great
+   body in the course of half an hour. The space from the quays,
+   including the great sweep in front of the Custom-house, was swarming
+   with men, and women, and small children, and the big ungainly crowd
+   bulged out in Gardiner-street, and the broad space leading up
+   Talbot-street. The ranks began to be formed at eleven o'clock amid a
+   down-pour of cold rain. The mud was deep and aqueous, and great pools
+   ran through the streets almost level with the paths. Some of the more
+   prominent of the men, and several of the committee, rode about
+   directing and organizing the crowd, which presented a most
+   extraordinary appearance. A couple of thousand young children stood
+   quietly in the rain and slush for over an hour; while behind them, in
+   close-packed numbers, were over two thousand young women. Not the
+   least blame can be attached to those who managed the affairs of the
+   day, inasmuch as the throng must have far exceeded even their most
+   sanguine expectations. Every moment some overwhelming accession
+   rolled down Abbey-street or Eden-quay, and swelled the already
+   surging multitude waiting for the start. Long before twelve o'clock,
+   the streets converging on the square were packed with spectators or
+   intending processionists. Cabs struggled hopelessly to yield up the
+   large number of highly respectable and well-attired ladies who had
+   come to walk. Those who had hired vehicles for the day to join the
+   procession were convinced of the impracticable character of their
+   intention; and many delicate old men who would not give up the
+   design, braved the terrors of asthma and bronchitis, and joined the
+   rain-defying throng. Right across the spacious ground was one
+   unmoving mass, constantly being enlarged by ever-coming crowds. All
+   the windows in Beresford-place were filled with spectators, and the
+   rain and cold seemed to have no saddening effect on the numerous
+   multitude. The various bands of the trade were being disposed in
+   their respective positions, and the hearses were a long way off and
+   altogether in the back-ground, when, at a quarter to twelve, the
+   first rank of men moved forward. Almost every one had an umbrella,
+   but they were thoroughly saturated with the never-ceasing down-pour.
+   As the steady, well-kept, twelve-deep ranks moved slowly out, some
+   ease was given to those pent up behind; and it was really wonderful
+   to see the facility with which the people adapted themselves to the
+   orders of their directors. Every chance of falling in was seized, and
+   soon the procession was in motion. The first five hundred men were of
+   the artisan class. They were dressed very respectably, and each man
+   wore upon his left shoulder a green rosette, and on his left arm a
+   band of crape. Numbers had hat-bands depending to the shoulder;
+   others had close crape intertwined carefully with green ribbon around
+   their hats; and the great majority of the better sort adhered to this
+   plan, which was executed with a skill unmistakably feminine. Here and
+   there at intervals a man appeared with a broad green scarf around his
+   shoulders, some embroidered with shamrocks, and others decorated with
+   harps. There was not a man throughout the procession but was
+   conspicuous by some emblem of nationality. Appointed officers walked
+   at the sides with wands in their hands and gently kept back the
+   curious and interested crowd whose sympathy was certainly
+   demonstrative. Behind the five hundred men came a couple of thousand
+   young children. These excited, perhaps, the most considerable
+   interest amongst the bystanders, whether sympathetic, neutral, or
+   opposite. Of tender age and innocent of opinions on any subject, they
+   were being marshalled by their parents in a demonstration which will
+   probably give a tone to their career hereafter; and seeds in the
+   juvenile mind ever bear fruit in due season. The presence of these
+   shivering little ones gave a serious significance to the
+   procession--they were hostages to the party who had organized the
+   demonstration. Earnestness must indeed have been strong in the mind
+   of the parent who directed his little son or daughter to walk in
+   saturating rain and painful cold through five or six miles of mud and
+   water, and all this merely to say "I and my children were there." It
+   portends something more than sentiment. It is national education with
+   a vengeance. Comment on this remarkable constituent was very frequent
+   throughout the day, and when toward evening this band of boys sang
+   out with lusty unanimity a popular Yankee air, spectators were
+   satisfied of their culture and training. After the children came
+   about one hundred young women who had been unable to gain their
+   proper position, and accepted the place which chance assigned them.
+   They were succeeded by a band dressed very respectably, with crape
+   and green ribbons round their caps. These were followed by a number
+   of rather elderly men, probably the parents of the children far
+   ahead. At this portion of the procession, a mile from the point, they
+   marched four deep, there having been a gradual decline from the
+   front. Next came the bricklayers' band all dressed in green caps, a
+   very superior-looking body of men. Then followed a very imposing
+   well-kept line, composed of young men of the better class, well
+   attired and respectable looking. These wore crape hat-bands, and
+   green rosettes with harps in the centre. Several had broad green body
+   scarfs, with gold tinsel shamrocks and harps intertwined. As this
+   portion of the procession marched they attracted very considerable
+   attention by their orderly, measured tread, and the almost soldierly
+   precision with which they maintained the line. They numbered about
+   four or five thousand, and there were few who were not young, sinewy,
+   stalwart fellows. When they had reached the further end of
+   Abbey-street, the ground about Beresford-place was gradually becoming
+   clear, and the spectator had some opportunity afforded of glancing
+   more closely at the component parts of the great crowd. All round the
+   Custom-house was still packed a dense throng, and large streams were
+   flowing from the northern districts, Clontarf, the Strand, and the
+   quays. The shipping was gaily decorated, and many of the masts were
+   filled with young tars, wearing green bands on their hats. At
+   half-past twelve o'clock, the most interesting portion of the
+   procession left the Custom-house. About two thousand young women, who
+   in attire, demeanour, and general appearance, certainly justified
+   their title to be called ladies walked in six-deep ranks. The general
+   public kept pace with them for a great distance. The green was most
+   demonstrative, every lady having shawl, bonnet, veil, dress, or
+   mantle of the national hue. The mud made sad havoc of their attire,
+   but notwithstanding all mishaps they maintained good order and
+   regularity. They stretched for over half a-mile, and added very
+   notably to the imposing appearance, of the procession. So great was
+   the pressure in Abbey-street, that for a very long time there were no
+   less than three processions walking side-by-side. These halted at the
+   end of the street, and followed as they were afforded opportunity.
+   One of the bands was about to play near the Abbey-street Wesleyan
+   House, but when a policeman told them of the proximity of the place
+   of worship, they immediately desisted. The first was a very long way
+   back in the line, and the foremost men must have been near the
+   Ormond-quays, when the four horses moved into Abbey-street. They were
+   draped with black cloths, and white plumes were at their heads. The
+   hearse also had white plumes, and was covered with black palls. On
+   the side was "William P. Allen." A number of men followed, and then
+   came a band. In the earlier portion of the day there were seen but
+   two hearses, the second one bearing Larkin's name. It was succeeded
+   by four mourning coaches, drawn by two horses each. A large number
+   of young men from the monster houses followed in admirable order. In
+   this throng were very many men of business, large employers, and
+   members of the professions. Several of the trades were in great
+   force. It had been arranged to have the trade banners carried in
+   front of the artisans of every calling, but at the suggestion of the
+   chairman this design was abandoned. The men walked, however, in
+   considerable strength. They marched from their various
+   committee-rooms to the Custom-house. The quay porters were present to
+   the number of 500, and presented a very orderly, cleanly appearance.
+   They were comfortably dressed, and walked close after the hearse
+   bearing Larkin's name. Around this bier were a number of men bearing
+   in their hands long and waving palms--emblems of martyrdom. The
+   trades came next, and were led off by the various branches of the
+   association known as the Amalgamated Trades. The plasterers made
+   about 300, the painters 350, the boot and shoemakers mustered 1,000,
+   the bricklayers 500, the carpenters 300, the slaters 450, the sawyers
+   200, and the skinners, coopers, tailors, bakers, and the other
+   trades, made a very respectable show, both as to numbers and
+   appearance. Each of these had representatives in the front of the
+   procession, amongst the fine body of men who marched eight deep. The
+   whole ground near the starting place was clear at half-past one, and
+   by that time the demonstration was seen to a greater advantage than
+   previously. All down Abbey-streets, and in fact throughout the
+   procession, the pathways were crowded by persons who were practically
+   of it, though not in it. Very many young girls naturally enough
+   preferred to stand on the pathways rather than to be saturated with
+   mud and water. But it may truly be said that every second man and
+   woman of the crowds in almost every street were of the procession.
+   Cabs filled with ladies and gentlemen remained at the waysides all
+   day watching the march. The horses' heads were gaily decorated with
+   green ribbons, while every Jehu in the city wore a rosette or a crape
+   band. Nothing of special note occurred until the procession turned
+   into Dame-street. The appearance of the demonstration was here far
+   greater than at any other portion of the city. Both sides of the
+   street, and as far as Carlisle-bridge, were lined with cabs and
+   carriages filled with spectators who were prevented by the bitter
+   inclemency of the day from taking an active part in the proceedings.
+   The procession was here grandly imposing, and after Larkin's hearse
+   were no less than nine carriages, and several cabs. It is stated that
+   Mrs. Luby and Miss Mulcahy occupied one of the vehicles, and
+   relatives of others now in confinement were alleged to have been
+   present. One circumstance, which was generally remarked as having
+   great significance, was the presence in one line of ten soldiers of
+   the 86th Regiment. They were dressed in their great overcoats, which
+   they wore open so as to show the scarlet tunic. These men may have
+   been on leave, inasmuch as the great military force were confined to
+   barracks, and kept under arms from six o'clock, a.m. The cavalry were
+   in readiness for action, if necessary. Mounted military and police
+   orderlies were stationed at various points of the city to convey any
+   requisite intelligence to the authorities, and the constabulary at
+   the depot, Phoenix Park, were also prepared, if their services should
+   be required. At the police stations throughout the city large numbers
+   of men were kept all day under arms. It is pleasant to state that no
+   interference was necessary, as the great demonstration terminated
+   without the slightest disturbance. The public houses generally
+   remained closed until five o'clock, and the sobriety of the crowds
+   was the subject of the general comment.
+
+   From an early hour in the morning every possible position along the
+   quays that afforded a good view of the procession was taken advantage
+   of, and, despite the inclemency of the weather, the parapets of the
+   various bridges, commencing at Capel-street, were crowded with
+   adventurous youths, who seemed to think nothing of the risks they ran
+   in comparison with the opportunities they had of seeing the great
+   sight in all its splendour. From eleven until twelve o'clock the
+   greatest efforts were made to secure good places The side walks were
+   crowded and impassable. The lower windows of the houses were made the
+   most of by men who clutched the shutters and bars, whilst the upper
+   windows were, as a general rule, filled with the fair sex, and it is
+   almost unnecessary to add that almost every man, woman, and child
+   displayed some emblem suitable to the occasion. Indeed, the
+   originality of the designs was a striking feature. The women wore
+   green ribbons and veils, and many entire dresses of the favourite
+   colour. The numerous windows of the Four Courts accommodated hundreds
+   of ladies, and we may mention that within the building were two
+   pieces of artillery, a plentiful supply of rockets, and a number of
+   policemen. It was arranged that the rockets should be fired from the
+   roof in case military assistance was required. Contrary to the
+   general expectation, the head of the procession appeared at
+   Essex-bridge shortly before twelve o'clock. As it was expected to
+   leave Beresford-place about that time, and as such gigantic
+   arrangements are seldom carried out punctually, the thousands of
+   people who congregated in this locality were pleasantly disappointed
+   when a society band turned the corner of Mary-street and came towards
+   the quays, with the processionists marching in slow and regular time.
+   The order that prevailed was almost marvellous--not a sound was heard
+   but the mournful strains of the music, and the prevalent feeling was
+   expressed, no doubt, by one or two of the processionists, who said in
+   answer to an inquiry, "We will be our own police to-day." They
+   certainly were their own police, for those who carried white wands
+   did not spare themselves in their endeavours to maintain order in the
+   ranks. As we have mentioned already, the first part of the procession
+   reached Capel-street shortly before twelve o'clock, and some idea of
+   the extent of the demonstration may be formed from the fact that the
+   hearses did not come in view until a quarter-past one o'clock. They
+   appeared at intervals of a quarter of an hour, and were received by a
+   general cry of "hush." The number of fine, well-dressed young women
+   in the procession here was the subject of general remark, whilst the
+   assemblage of boys astonished all who witnessed it on account of its
+   extent. The variety of the tokens of mourning, too, was remarkable.
+   Numbers of the women carried laurel branches in addition to green
+   ribbons and veils, and many of the men wore shamrocks in their hats.
+   The procession passed along the quays as far as King's-bridge, and it
+   there crossed and passed up Stevens'-lane. The windows of all the
+   houses _en route_ were crowded chiefly with women, and the railings
+   at the Esplanade and at King's-bridge, were crowded with spectators.
+
+   About one o'clock the head of the procession, which had been
+   compressed into a dense mass in Stevens'-lane, burst like confined
+   water when relieved of restraint, on entering James's-street, where
+   every window and doorstep was crowded. Along the lines of footway
+   extending at either side from the old fountain up to James's-gate,
+   were literally tented over with umbrellas of every hue and shade,
+   held up as protection against the cold rain that fell in drizzling
+   showers and made the streetway on which the vast numbers stood ankle
+   deep in the slushy mud. The music of the "Dead March in Saul," heard
+   in the distance, caused the people to break from the lines in which
+   they had partially stood awaiting the arrival of the procession,
+   which now, for the first time, began to assume its full proportions.
+   As it moved along the quays at the north side of the river, every
+   street, bridge, and laneway served to obstruct to a considerable
+   extent its progress and its order, owing to interruption from
+   carriage traffic and from the crowds that poured into it and swelled
+   it in its onward course. In the vast multitudes that lined this great
+   western artery of the city, the greatest order and propriety were
+   observed, and all seemed to be impressed with the one solemn and
+   all-pervading idea that they were assembled to express their deep
+   sympathy with the fate of three men whom they believed had been
+   condemned and had suffered death unjustly. Even amongst the young
+   there was not to be recognised the slightest approach to levity, and
+   the old characteristics of a great Irish gathering were not to be
+   perceived anywhere. The wrong, whether real or imaginary, done to
+   Allen, O'Brien, and Larkin, made their memory sacred with the
+   thousands that stood for hours in the December wet and cold of
+   yesterday, to testify by their presence their feelings and their
+   sympathies. The horsemen wearing green rosettes, trimmed with crape,
+   who rode in advance of the procession, kept back the crowds at either
+   side that encroached on the space in the centre of the street
+   required for the vast coming mass to move through. On it came, the
+   advance with measured tread, to the music of the band in front, and
+   notwithstanding the mire which had to be waded through, the line went
+   on at quiet pace, and with admirable order, but there was no effort
+   at anything like semi-military swagger or pompous demonstration.
+   Every window along the route of the procession was fully occupied by
+   male and female spectators, all wearing green ribbons and crape, and
+   in front of several of the houses black drapery was suspended. The
+   tide of men, women, and children continued to roll on in the
+   drenching rain, but nearly all the fair processionists carried
+   umbrellas. It was not till the head of the vast moving throng had
+   reached James's-gate that anything like a just conception could be
+   formed of its magnitude, as it was only now that it was beginning to
+   get into regular shape and find room to extend itself. The persons
+   whose duty it was to keep the several parts of the procession well
+   together had no easy part to play, as the line had to be repeatedly
+   broken to permit the ordinary carriage traffic of the streets to go
+   on with as little delay as possible. The _cortege_ at this point
+   looked grand and solemn in the extreme because of its vastness, and
+   also because of all present appearing to be impressed with the one
+   idea. The gloomy, wet, and cheerless weather was quite in keeping
+   with the funeral march of 35,000 people. The bands were placed at
+   such proper distances that the playing of one did not interfere with
+   the other. After passing James's-gate the band in front ceased to
+   perform, and on passing the house 151 Thomas-street every head was
+   uncovered in honour of Lord Edward Fitzgerald, who was arrested and
+   mortally wounded by Major Sirr and his assistants in the front
+   bedroom of the second floor of that house. Such was the length of the
+   procession, that an hour had elapsed from the time its head entered
+   James's-street before the first hearse turned the corner of
+   Stevens'-lane. In the neighbourhood of St. Catherine's church a vast
+   crowd of spectators had settled down, and every available elevation
+   was taken possession of. At this point a large portion of the
+   streetway was broken up for the purpose of laying down water-pipes,
+   and on the lifting-crane and the heaps of earth the people wedged and
+   packed themselves, which showed at once that this was a great centre
+   of attraction--and it was, for here was executed the young and
+   enthusiastic Robert Emmet sixty-four years ago. When Allen, O'Brien,
+   and Larkin were condemned to death as political offenders, some of
+   the highest and the noblest in the land warned the government to
+   pause before the extreme penalty pronounced on the condemned men
+   would be carried into effect, but all remonstrance was in vain, and
+   on last Saturday fortnight, three comparatively unknown men in their
+   death passed into the ranks of heroes and martyrs, because it was
+   believed, and believed generally, that their lives were sacrificed to
+   expediency, and not to satisfy justice. The spot where Robert Emmet
+   closed his young life on a bloody scaffold was yesterday regarded by
+   thousands upon thousands of his countrymen and women as a holy place,
+   and all looked upon his fate as similar to that of the three men
+   whose memory they had assembled to honour, and whose death they
+   pronounced to be unjust. It would be hard to give a just conception
+   of the scene here, as the procession advanced and divided, as it
+   were, into two great channels, owing to the breaking up of the
+   streetway. On the advance of the _cortege_ reaching the top of
+   Bridgefoot-street every head was uncovered, and nothing was to be
+   heard but the measured tread of the vast mass, but as if by some
+   secret and uncontrollable impulse a mighty, ringing, and enthusiastic
+   cheer, broke from the moving throng as the angle of the footway at
+   the eastern end of St. Catherine's church, where the scaffold on
+   which Emmet was executed stood, was passed. In that cheer there
+   appeared to be no fiction, as it evidently came straight from the
+   hearts of thousands, who waved their hats and handkerchiefs, as did
+   also the groups that clustered in the windows of the houses in the
+   neighbourhood. As the procession moved on from every part of it the
+   cheers rose again and again, men holding up their children, and
+   pointing out the place where one who loved Ireland, "not wisely but
+   too well," rendered up his life. When the hearse with white plumes
+   came up bearing on the side draperies the words "William P. Allen,"
+   all the enthusiasm and excitement ceased, and along the lines of
+   spectators prayers for the repose of the soul of the departed man
+   passed from mouth to mouth; and a sense of deep sadness seemed to
+   settle down on the swaying multitude as the procession rolled along
+   on its way. After this hearse came large numbers of females walking
+   on bravely, apparently heedless of the muddy streets and the
+   unceasing rain that came down without a moment's intermission. When
+   the second hearse, bearing white plumes and the name of "Michael
+   O'Brien" on the side pendants, came up, again all heads were
+   uncovered, and prayers recited by the people for the everlasting rest
+   of the departed. Still onward rolled the mighty mass, young and old,
+   and in the entire assemblage was not to be observed a single person
+   under the influence of drink, or requiring the slightest interference
+   on the part of the police, whose exertions were altogether confined
+   to keeping the general thoroughfare clear of obstruction. Indeed,
+   justly speaking, the people required no supervision, as they seemed
+   to feel that they had a solemn duty to discharge. Fathers were to be
+   seen bearing in their arms children dressed in white and decorated
+   with green ribbons, and here, as elsewhere, was observed unmistakable
+   evidence of the deep sympathy of the people with the executed men.
+   This was, perhaps, more strikingly illustrated as the third hearse,
+   with sable plumes, came up bearing at either side the name of
+   "Michael Larkin;" prayers for his soul's welfare were mingled with
+   expressions of commiseration for his widow and children. At the
+   entrance to Cornmarket, where the streetway narrows, the crushing
+   became very great, but still the procession kept its onward course.
+   On passing the shop of Hayburne, who, it will be remembered, was
+   convicted of being connected with the Fenian conspiracy, a large
+   number of persons in the procession uncovered and cheered. In the
+   house of Roantree, in High-street, who was also convicted of
+   treason-felony, a harp was displayed in one of the drawingroom
+   windows by a lady dressed in deep mourning, and the procession loudly
+   cheered as it passed on its route.
+
+   Standing at the corner of Christchurch-place, a fine view could be
+   had of the procession as it approached Winetavern-street from
+   High-street. The compact mass moved on at a regular pace, while from
+   the windows on either side of the streets the well-dressed citizens,
+   who preferred to witness the demonstration from an elevated position
+   rather than undergo the fatigues and unpleasantness of a walk through
+   the city in such weather, eagerly watched the approach of the
+   procession. Under the guidance of the horsemen and those whose wands
+   showed it was their duty to marshal the immense throng, the
+   procession moved at an orderly pace down Winetavern-street, which,
+   spacious as it is, was in a few minutes absolutely filled with the
+   vast crowds. The procession again reached the quays, and moved along
+   Wood-quay and Essex-quay, and into Parliament-street, which it
+   reached at twenty minutes to two o'clock. Passing down
+   Parliament-street, and approaching the O'Connell statue, a number of
+   persons began to cheer, but this was promptly suppressed by the
+   leaders, who galloped in advance for some distance with a view to the
+   preservation of the mournful silence that had prevailed. This was
+   strictly enjoined, and the instruction was generally observed by the
+   processionists. The reverential manner in which the many thousands of
+   the people passed the statue of the Liberator was very observable. A
+   rather heavy rain was falling at the time, yet there were thousands
+   who uncovered their heads as they looked up to the statue which
+   expressed the noble attitude and features of O'Connell. As the
+   procession moved along through Dame-street the footways became
+   blocked up, and lines of cabs took up places in the middle of the
+   carriageway, and the police exercised a wise discretion in preventing
+   vehicles from the surrounding streets driving in amongst the crowds.
+   By this means the danger of serious accident was prevented without
+   any public inconvenience being occasioned, as a line parallel to that
+   which the procession was taking was kept clear for all horse
+   conveyances. Owing to the hour growing late, and a considerable
+   distance still to be gone over, the procession moved at a quick pace.
+   In anticipation of its arrival great crowds collected in the vicinity
+   of the Bank of Ireland and Trinity College, where the _cortege_ was
+   kept well together, notwithstanding the difficulty of such a vast
+   mass passing on through the heart of the city filled at this point
+   with immense masses of spectators. Oil passing the old
+   Parliament-house numbers of men in the procession took of their hats,
+   but the disposition to cheer was suppressed, as it was at several
+   other points along the route. Turning down Westmoreland-street, the
+   procession, marshalled by Dr. Waters on horseback, passed slowly
+   along between the thick files of people on each side, most of whom
+   displayed the mourning and national symbols, black and green. The
+   spacious thoroughfare in a few minutes was filled with the dense
+   array, which in close compact ranks pressed on, the women, youths,
+   and children, bearing bravely the privations of the day, the bands
+   preceding and following the hearses playing the Dead March, the
+   solemn notes filling the air with mournful cadence. The windows of
+   the houses on each side of the street were filled with groups of
+   spectators of the strange and significant spectacle below. With the
+   dark masses of men, broken at intervals by the groups of females and
+   children, still stretched lengthily in the rere, the first section of
+   the procession crossed Carlisle-bridge, the footways and parapets of
+   which were thronged with people, nearly all of whom wore the usual
+   tokens of sympathy. Passing the bridge, a glance to the right, down
+   the river, revealed the fact that the ships, almost without
+   exception, had their flags flying half mast high, and that the
+   rigging of several were filled with seamen, who chose this elevated
+   position to get a glimpse of the procession as it emerged into
+   Sackville-street. Here the sight was imposing. A throng of spectators
+   lined each side of the magnificent thoroughfare, and the lofty houses
+   had their windows on each side occupied with spectators. Pressing
+   onwards with measured, steady pace, regardless of the heavy rain, the
+   cold wind, and the gloomy sky, the procession soon filled
+   Sackville-street from end to end with its dense dark mass, which
+   stretching away over Carlisle-bridge, seemed motionless in the
+   distance. The procession defiled to the left of the site of the
+   O'Connell monument at the head of the street, and the national
+   associations connected with this spot was acknowledged by the large
+   numbers of the processionists, who, with uncovered heads, marched
+   past, some expressing their feelings with a subdued cheer. The
+   foremost ranks were nearing Glasnevin when the first of the hearses
+   entered Sackville-street, which, at this moment, held a numberless
+   throng of people, processionists, and spectators, the latter, as at
+   all the other points of the route, exhibiting prominently the sable
+   and green emblems, which evidenced their approval of the
+   demonstration. The hearses slowly passed along, followed by the
+   mourning carriages, the bands playing alternately "Adeste Fidelis"
+   and the "Dead March," and then followed the deep column of the
+   processionists, still marching onwards with unflagging spirit,
+   thousands seeming to be thoroughly soaked with the rain, which was
+   falling all the morning. Sackville-street was perhaps the best point
+   from which to get a correct notion of the enormous length of the
+   procession, and of the great numbers that accompanied it on its way
+   without actually entering the ranks. The base of the Nelson monument
+   was covered with spectators, and at the corners of Earl-street and
+   Henry-street there were stationary crowds, who chose these positions
+   to get a good view of the great display as it progressed towards
+   Cavendish-row. Through this comparatively narrow thoroughfare the
+   procession passed along into North Frederick-street and
+   Blessington-street, and thence by Upper Berkeley-street to the
+   Circular-road. Along this part of the route there were crowds of
+   spectators, male and female, most of whom wore the crape, and green
+   ribbons, all hurrying forward to the cemetery, the last stage of the
+   long and fatiguing journey of the procession. As the first part of
+   the array passed the Mater Misericordiæ Hospital, and came in sight
+   of the Mountjoy Prison, they gave a cheer, which was caught up by
+   those behind, and as file after file passed the prison the cheers
+   were repeated. With unbroken and undiminished ranks the procession
+   pressed on towards Glasnevin; but when the head had reached the
+   cemetery, the closing section must have been far away in the city.
+   The first part of the procession halted outside the gate of the
+   cemetery, the spacious area in front of which was in a few moments
+   completely filled by the dense masses who came up. A move then became
+   necessary, and accordingly the procession recommenced its journey by
+   passing through the open gates of the cemetery down the pathways
+   leading to the M'Manus grave, followed by some of the bands playing
+   the "Adeste Fidelis." As fast as the files passed through others
+   marched up, and when, after some time the carriage containing Mr.
+   John Martin arrived, the open ground fronting the cemetery was one
+   enormous mass of the processionists, while behind on the road leading
+   up to this point thousands were to be seen moving slowly forward to
+   the strains of the "Dead March," given out by the bands immediately
+   in front of the hearses.
+
+
+   MR. MARTIN'S ADDRESS.
+
+   On the arrival of the procession at the cemetery Mr. Martin was
+   hailed with loud applause. It being understood he would make some
+   observations, the multitude gathered together to hear him. He
+   addressed the vast multitude from the window of a house overlooking
+   the great open space in front of the cemetery. On presenting himself
+   he was received with enthusiastic cheering. When silence was obtained
+   he said:--
+
+   "Fellow-countrymen--This is a strange kind of funeral procession
+   in which we are engaged to-day. We are here, a vast multitude
+   of men, women, and children in a very inclement season of
+   the year, under rain and through mud. We are here escorting three
+   empty hearses to the consecrated last resting place of those who die
+   in the Lord (cheers). The three bodies that we would tenderly bear to
+   the churchyard, and would bury in consecrated ground with all the
+   solem rites of religion, are not here. They are away in a foreign and
+   hostile land (hear, hear), where they have been thrown into
+   unconsecrated ground, branded by the triumphant hatred of our enemies
+   as the vile remains of murderers (cries of 'no murderers,' and
+   cheers). Those three men whose memories we are here to-day to
+   honour--Allen, O'Brien, and Larkin--they were not murderers (great
+   cheering). [A Voice--Lord have mercy on them.] Mr. Martin--These men
+   were pious men, virtuous men--they were men who feared God and loved
+   their country. They sorrowed for the sorrows of the dear old native
+   land of their love (hear, hear). They wished, if possible, to save
+   her, and for that love and for that wish they were doomed to an
+   ignominious death at the hands of the British hangman (hear, hear).
+   It was as Irish patriots that these men were doomed to death
+   (cheers). And it was as Irish patriots that they met their death
+   (cheers). For these reasons, my countrymen, we here to-day have
+   joined in this solemn procession to honour their memories (cheers).
+   For that reason we say from our hearts, 'May their souls rest in
+   peace' (cries of Amen, and cheers). For that reason, my countrymen,
+   we join in their last prayer, 'God save Ireland' (enthusiastic
+   cheering). The death of these three men was an act of English policy.
+   [Here there was some interruption caused by the fresh arrivals and
+   the pushing forward.] I beg of all within reach of my voice to end
+   this demonstration as we have carried it through to the present time,
+   with admirable patience, in the best spirit, with respect, silence
+   and solemnity, to the end (cheers, and cries of 'we will'). I say the
+   death of these men was a legal murder, and that legal murder was an
+   act of English policy (cheers)--of the policy of that nation which
+   through jealousy and hatred of our nation, destroyed by fraud and
+   force our just government sixty-seven years ago (cheers). They have
+   been sixty-seven sad years of insult and robbery--of
+   impoverishment--of extermination--of suffering beyond what any other
+   subject people but ours have ever endured from the malignity of
+   foreign masters (cheers). Nearly through all these years the Irish
+   people continued to pray for the restoration of their Irish national
+   rule. They offered their forgiveness to England. They offered even
+   their friendship to England if she would only give up her usurped
+   power to tyrannise over us, and leave us to live in peace, and as
+   honourable neighbours. But in vain. England felt herself strong
+   enough to continue to insult and rob us, and she was too greedy and
+   too insolent to cease from robbing and insulting us (cheers). Now it
+   has come to pass as a consequence of that malignant policy pursued
+   for so many long years--it has come to pass that the great body of
+   the Irish people despair of obtaining peaceful restitution of our
+   national rights (cheers). And it has also come to pass that vast
+   numbers of Irishmen, whom the oppression of English rule forbade to
+   live by honest industry in their own country, have in America learned
+   to become soldiers (cheers). And those Irish soldiers seem resolved
+   to make war against England (cheers). And England is in a panic of
+   rage and fear in consequence of this (loud cheers). And being in a
+   panic about Fenianism, she hopes to strike terror into her Irish
+   malcontents by a legal murder (loud cheers). England wanted to show
+   that she was not afraid of Fenianism--[A Voice--'She will be.'] And
+   she has only shown that she is not afraid to do injustice in the face
+   of Heaven and of man. Many a wicked statute she has framed--many a
+   jury she has packed, in order to dispose of her Irish political
+   offenders--but in the case of Allen, O'Brien, and Larkin, she has
+   committed such an outrage on justice and decency as to make even many
+   Englishmen stand aghast. I shall not detain you with entering into
+   details with which you are all well acquainted as to the shameful
+   scenes of the handcuffing of the untried prisoners--as to the
+   shameful scenes of the trial up to the last moment, when the three
+   men--our dearly beloved Irish brethren, were forced to give up their
+   innocent lives as a sacrifice for the cause of Ireland (loud cheers);
+   and, fellow-countrymen, these three humble Irishmen who represented
+   Ireland on that sad occasion demeaned themselves as Christians, as
+   patriots, modestly, courageously, piously, nobly (loud cheers). We
+   need not blush for them. They bore themselves all through with a
+   courage worthy of the greatest heroes that ever obtained glory upon
+   earth. They behaved through all the trying scenes I referred to with
+   Christian patience--with resignation to the will of God--(hear,
+   hear)--with modest, yet proud and firm adherence to principle
+   (cheers). They showed their love to Ireland and their fear of God
+   from the first to the last (cheers). It is vain for me to attempt to
+   detain you with many words upon this matter. I will say this, that
+   all who are here do not approve of the schemes for the relief of
+   Ireland that these men were supposed to have contemplated; but all
+   who love Ireland, all generous, Christian men, and women, and
+   children of Ireland--all the children growing up to be men and women
+   of Ireland (hear, hear)--all those feel an intense sympathy, an
+   intense love for the memories of these three men whom England has
+   murdered in form of law by way of striking terror into her Irish
+   subjects. Fellow-countrymen, it is idle almost for me to persist in
+   addressing weak words of mine to you--for your presence here
+   to-day--your demeanour all through--the solemn conduct of the vast
+   multitude assembled directly under the terrorism of a hostile
+   government--say more than the words of the greatest orator--more than
+   the words of a Meagher could say for you (cheers). You have behaved
+   yourselves all through this day with most admirable spirit as good
+   Irishmen and women--as good boys and girls of holy Ireland ought to
+   be (cheers), and I am sure you will behave so to the end (cries of
+   yes, yes). This demonstration is mainly one of mourning for the fate
+   of these three good Irishmen (cheers), but fellow-countrymen, and
+   women, and boys, and girls, it is also one of protest and indignation
+   against the conduct of our rulers (hear, hear, and cheers) Your
+   attendance here to-day is a sufficient protest. Your orderly
+   behaviour--your good temper all through this wretched weather--your
+   attendance here in such vast numbers for such a purpose--avowedly and
+   in the face of the terrorism of the government, which falls most
+   directly upon the metropolis--that is enough for protest. You in your
+   multitudes, men, women, and children, have to-day made that protest.
+   Your conduct has been admirable for patience, for good nature, for
+   fine spirit, for solemn sense of that great duty you were resolved to
+   do. You will return home with the same good order and
+   inoffensiveness. You will join with me now in repeating the prayer of
+   the three martyrs whom we mourn--'God save Ireland!' And all of you,
+   men, women, and boys and girls that are to be men and women of holy
+   Ireland, will ever keep the sentiment of that prayer in your heart of
+   hearts." Mr. Martin concluded amid enthusiastic cheering.
+
+   At the conclusion of his address, Mr. Martin, accompanied by a large
+   body of the processionists, proceeded to the cemetery, where Mr.
+   Martin visited the grave of Terence Bellew M'Manus. The crowds walked
+   around the grave as a mark of respect for the memory of M'Manus. Mr.
+   Martin left the cemetery soon after, end went to his carriage; the
+   people gathered about him and thanked him, and cheered him loudly.
+   The vast assemblage dispersed in the most orderly and peaceful
+   manner, and returned to their homes. They had suffered much from the
+   severity of the day, but they exhibited to the end the most
+   creditable endurance and patience. In the course of an hour the roads
+   were cleared and the city soon resumed its wonted quiet
+   aspect.[Footnote: In consequence of some vile misstatements in the
+   government press, which represented the crowd to have not only
+   behaved recklessly, but to have done considerable damaged to the
+   graves, tombs, shrubs, and fences in the cemetery, Mr. Coyle,
+   secretary to the Cemetery Board, published in the _Freeman_ an
+   official contradiction, stating that not one sixpence worth of damage
+   had been done. It is furthermore worthy of note, that at the city
+   police offices next morning not one case arising out of the
+   procession was before the magistrates, and the charges for
+   drunkenness were one-fourth below the average on Mondays!]
+
+Of the numbers in the procession "An Eye-witness," writing in the
+_Freeman_, says:--
+
+
+   The procession took one hour and forty minutes to pass the Four
+   Courts. Let us assume that as the average time in which it would pass
+   any given point, and deduct ten minutes for delays during that time.
+   If, then, it moved at the rate of two and a-half miles per hour, we
+   find that its length, with those suppositions, would be three and
+   three-quarters miles. From this deduct a quarter of a mile for breaks
+   or discrepancies, for we find the length of the column, if it moved
+   in a continuous line, to be three and a-half miles. We may now
+   suppose the ranks to be three feet apart, and consisting of ten in
+   each, at an average. The total number is therefore easily obtained by
+   dividing the product of 3-1/2 and 5,280 by 3, and multiplying the
+   quotient by 10. This will give as a result 61,600 which, I think, is
+   a fair approximation to the number of people in the procession alone.
+
+
+Even in the columns of the _Irish Times_ a letter appeared giving an
+honest estimate of the numbers in the procession. It was signed
+"T.M.G.," and said:--
+
+   I believe there was not fewer than 60,000 persons taking part in the
+   procession on Sunday. My point of observation was one of the best in
+   the city, seeing, as I could, from the entrance to the Lower Castle
+   Yard to the College Gates. I was as careful in my calculation as an
+   almost quick march would allow. There were also a few horsemen, three
+   hearses, and sixty-one hired carriages, cabs, and cars. A
+   correspondent in your columns this morning speaks of rows of from
+   four to nine deep; I saw very many of from ten to sixteen deep,
+   especially among the boys. The procession, took exactly eighty
+   minutes to pass this. There were several thousand onlookers within my
+   view.
+
+Of the ladies in the procession the _Freeman's Journal_ bore the
+following testimony, not more generous than truthful:--
+
+   The most important physical feature was not, however, the respectable
+   dress, the manly bearing, the order, discipline, and solemnity of the
+   men, but the large bodies of ladies who, in rich and costly attire,
+   marched the whole length of the long route, often ankle deep in mud,
+   utterly regardles of the incessant down-pour of rain which deluged
+   their silks and satins, and melted the mourning crape till it seemed
+   incorporated with the very substance of the velvet mantles or rich
+   shawls in which so many of the fair processionists were enveloped. In
+   vain did well-gloved hands hold thousands of green parasols and
+   umbrellas over their heads as they walked four and five deep through
+   the leading thoroughfares yesterday. The bonnets with their 'green
+   and crape' were alone defensible, velvets and Paisleys, silks and
+   satins, met one common fate--thorough saturation. Yet all this and
+   more was borne without a murmur. These ladies, and there were many
+   hundreds of them, mingled with thousands in less rich attire, went
+   out to cooperate with their fathers, brothers, and sweethearts in
+   honouring three men who died upon the ignominious gallows, and they
+   never flinched before the torrents, or swerved for an instant from
+   the ranks. There must be some deep and powerful influence underlying
+   this movement that could induce thousands of matrons and girls of
+   from eighteen to two and-twenty, full of the blushing modesty that
+   distinguishes Irishwomen, to lay aside their retiring characteristics
+   and march to the sound of martial music through every thoroughfare in
+   the metropolis of this country decked in green and crape.
+
+The Dublin correspondent of the _Tipperary Free Press_ referred to the
+demonstration as follows:--
+
+   Arrived in Sackville-street we were obliged to leave our cab and
+   endeavour, on foot, to force a way to our destination. This
+   magnificent street was crowded to repletion, and the approaches to
+   Beresford-place were 'black with people.' It was found necessary,
+   owing to the overwhelming numbers that assembled, to start the
+   procession before the hour named for its setting forth, and so it was
+   commenced in wonderful order, considering the masses that had to be
+   welded into shape. Marshals on foot and on horseback proceeded by the
+   side of those in rank and file, and they certainly wore successful in
+   preserving regularity of procedure. Mourning coaches and cabs
+   followed, and after each was a procession of women, at least a
+   thousand in number. Young and old were there--all decked in some
+   shape or other with green; many green dresses--some had green
+   feathers in their hats, but all had green ribbons prominently
+   displayed. The girls bore all the disagreeability of the long route
+   with wonderful endurance; it was bitterly cold--a sleety rain fell
+   during the entire day, and the roads were almost ankle deep in
+   mud--yet when they passed me on the return route they were apparently
+   as unwearied as when I saw them hours before. As the procession
+   trooped by--thousand after thousand--there was not a drunken man to
+   be seen--all were calm and orderly, and if they were, as many of them
+   were--soaked through--wet to the skin--they endured the discomfiture
+   resolutely. The numbers in the procession have been variously
+   estimated, but in my opinion there could not have been less than
+   50,000. But the demonstration was not confined to the processionists
+   alone; they walked through living walls, for along the entire route a
+   mass of people lined the way, the great majority of whom wore some
+   emblem of mourning, and every window of every house was thronged with
+   ladies and children, nearly all of whom were decorated. All semblance
+   of authority was withdrawn from sight, but every preparation had been
+   made under the personal direction of Lord Strathnairn, the
+   commander-in-chief, for the instant intervention of the military, had
+   any disturbances taken place. The troops were confined to barracks
+   since Saturday evening; they were kept in readiness to march at a
+   moment's notice; the horses of the cavalry were saddled all day long,
+   and those of the artillery were in harness. A battery of guns was in
+   the rere yard of the Four Courts, and mounted orderlies were
+   stationed at arranged points so as to convey orders to the different
+   barracks as speedily as possible. But, thanks to Providence, all
+   passed off quietly; the people seemed to feel the responsibility of
+   their position, and accordingly not even an angry word was to be
+   heard throughout the vast assemblage that for hours surged through
+   the highways of the city.
+
+The _Ulster Observer_, in the course of a beautiful and sympathetic
+article, touched on the great theme as follows:--
+
+   The main incidents of the singular and impressive event are worthy of
+   reflection. On a cold December morning, wet and dreary as any morning
+   in December might be, vast crowds assembled in the heart of Dublin to
+   follow to consecrated ground the empty hearses which bore the names
+   of the Irishmen whom England doomed to the gallows as murderers. The
+   air was piercingly chill, the rain poured down in torrents, the
+   streets were almost impassable from the accumulated pools of mingled
+   water and mud, yet 80,000 people braved the inclemency of the
+   weather, and unfalteringly carried out the programme so fervently
+   adopted. Amongst the vast multitude there were not only stalwart men,
+   capable of facing the difficulties of the day, but old men, who
+   struggled through and defied them; and, strangest of all, 'young
+   ladies, clothed in silk and velvet,' and women with tender children
+   by their sides, all of whom continued to the last to form a part of
+   the _cortege_, although the distance over which it passed must have
+   taxed the strongest physical energy. What a unanimity of feeling, or
+   rather what a naturalness of sentiment does not this wonderful
+   demonstration exhibit? It seems as if the 'God save Ireland' of the
+   humble successors of Emmet awoke in even the breast of infancy the
+   thrill which must have vibrated sternly and strongly in the heart of
+   manhood. Without exalting into classical grandeur the simple and
+   affectionate devotion of a simple and unsophisticated people, we
+   might compare this spectacle to that which ancient Rome witnessed,
+   when the ashes of Germanicus were borne in solemn state within her
+   portals. There were there the attendant crowd of female mourners, and
+   the bowed heads and sorrowing hearts of strong men. If the Irish
+   throngs had no hero to lament, who sustained their glory in the
+   field, and gained for them fresh laurels of victory, theirs was at
+   least a more disinterested tribute of grief, since it was paid to the
+   unpretending merit which laid down, life with the simple prayer of
+   'God save Ireland!' Amidst all the numerous thousands who proceeded
+   to Glasnevin, there was not, probably, one who would have sympathised
+   with any criminal offence, much less with the hideous one of murder.
+   And yet these thousands honoured and revered the memory of the men
+   condemned in England as assassins, and ignominiously buried in
+   felons' graves.
+
+
+This mighty demonstration--at once so unique, so solemn, so impressive,
+so portentous--was an event which the rulers of Ireland felt to be of
+critical importance. Following upon the Requiem Masses and the other
+processions, it amounted to a great public verdict which changed beyond
+all resistance the moral character of the Manchester trial and
+execution. If the procession could only have been called a "Fenian"
+demonstration, then indeed the government might hope to detract from its
+significance and importance. The sympathy of "co-conspirators" with
+fallen companions could not well be claimed as an index of general
+_public opinion_. But here was a demonstration notoriously apart from
+Fenianism, and it showed that a moral, a peaceable, a virtuous, a
+religious people, moved by the most virtuous and religious instincts,
+felt themselves coerced to execrate as a cowardly and revolting crime
+the act of state policy consummated on the Manchester gibbet. In fine,
+the country was up in moral revolt against a deed which the perpetrators
+themselves already felt to be of evil character, and one which they
+fain would blot for ever from public recollection.
+
+What was to be done? For the next ensuing Sunday similar demonstrations
+were announced in Killarney, Kilkenny, Drogheda, Ennis, Clonmel,
+Queenstown, Youghal, and Fermoy--the preparations in the first named
+town being under the direction of, and the procession about to be led
+by, a member of parliament, one of the most distinguished and
+influential of the Irish popular representatives--The O'Donoghue. What
+was to be done? Obviously, as the men had been hanged, there could be no
+halting halfway now. Having gone so far, the government seemed to feel
+that it must need go the whole way, and choke off, at all hazards, these
+inconvenient, these damnatory public protests. No man must be allowed to
+speak the Unutterable Words, which, like the handwriting on the wall in
+the banquetting hall of Belshazzar, seemed ever to be appearing before
+the affrighted consciences of Ireland's rulers. Be it right or be it
+wrong, be it justice or be it murder, the act must now be upheld--in
+fact, must not be alluded to. There must be _silence_ by law, on what
+had been done beneath the Manchester gallows-tree.
+
+But here there presented itself a difficulty. Before the government had
+any idea that the public revulsion would become so alarmingly extensive,
+the responsible ministers of the crown, specifically interrogated on the
+point, had, as we have seen, declared the funeral processions not to be
+illegal, and how, now, could the government interpose to prevent them?
+It certainly was a difficulty which there was no way of surmounting save
+by a proceeding which in any country constitutionally governed would
+cost its chief authors their lives on impeachment. The government,
+notwithstanding the words of its own responsible chiefs--_on the faith
+of which the Dublin procession was held, and numerous others were
+announced_--decided to treat as illegal the proceedings they had but a
+week before declared to be _not_ illegal; decided to prosecute the
+processionists who had acted on the government declarations; and decided
+to prevent, by sabre and cannon--by slaughter if necessary--the further
+processions announced in Killarney, Clonmel, Kilkenny, and elsewhere!
+
+On the evening of Thursday, the 12th December, Dublin city was flung
+into the most intense excitement by the issue of the following
+Government Proclamation:--
+
+       *       *       *       *       *
+
+   BY THE LORD LIEUTENANT AND COUNCIL OF IRELAND.
+
+   A PROCLAMATION.
+
+   ABERCORN.
+
+   Whereas it has been publicly announced that a meeting is to assemble
+   in the city of _Kilkenny_, and that a procession is to take place
+   there on Sunday, 15th day of December instant:
+
+   And whereas placards of the said intended meeting and procession have
+   been printed and circulated, stating that the said intended
+   procession is to take place in honour of certain men lately executed
+   in Manchester for the crime of murder, and calling upon Irishmen to
+   assemble in thousands for the said procession:
+
+   And whereas meetings and processions of large numbers of persons have
+   been already held and have taken place in different parts of the
+   United Kingdom of Great Britain and Ireland under the like pretence,
+   at some of which, and particularly at a meeting and procession in the
+   city of Dublin, language of a seditious and inflammatory character
+   has been used, calculated to excite discontent and disaffection in
+   the minds of her Majesty's subjects, and to create ill-will and
+   animosity amongst them, and to bring into hatred and contempt the
+   government and constitution of the country as by law established:
+
+   And whereas the said intended meeting and procession, and the objects
+   of the persons to be assembled, and take part therein, are not legal
+   or constitutional, but are calculated to bring into hatred and
+   contempt the government of the United Kingdom as by law established,
+   and to impede the administration of justice by intimidation, and the
+   demonstration of physical force.
+
+   Now we, the Lord Lieutenant and General Governor of Ireland, by and
+   with the advice of her Majesty's Privy Council in Ireland, being
+   satisfied that such meetings and processions as aforesaid can only
+   tend to serve the ends of factious, seditions, and traitorous
+   persons, and to the violation of the public peace, do hereby caution
+   and forewarn all persons whomsoever that they do abstain from
+   assembling at any such meeting, and from joining or taking part in
+   any such procession.
+
+   And we do hereby order and enjoin all magistrates and officers
+   entrusted with the preservation of the public peace, and others whom
+   it may concern, to aid and assist the execution of the law, in
+   preventing the said intended meeting and procession, and in the
+   effectual suppression of the same.
+
+   Given at the Council Chamber in Dublin, this Twelfth day of
+   December, 1807.
+
+
+   RICHARD C. DUBLIN.
+   A. BREWSTER, C.
+   MAYO.
+   STRATHNAIRN.
+   FRED. SHAW.
+   R. KEATINGE.
+   WILLIAM KEOGH.
+   JOHN E. WALSH.
+   HEDGES EYRE CHATTERTON.
+   ROBERT R. WARREN.
+
+Everybody knew what this proclamation meant. It plainly enough announced
+that not only would the further demonstrations be prevented, but that
+the Dublin processionists were to feel "the vengeance of the law"--that
+is the vengeance of the Manchester executioners. Next day the city was
+beset with the wildest rumours as to the arrests to be made or the
+prosecutions to be commenced. Everyone seemed to conclude of course that
+Mr. John Martin, Mr. A.M. Sullivan, and the Honorary Secretaries of the
+Procession Committee, were on the crown prosecutor's list; but besides
+these the names of dozens of gentlemen who had been on the committee, or
+who had acted as stewards, marshals, &c., at the funeral, were likewise
+mentioned. On Saturday it became known that late on the previous evening
+crown summonses had been served on Mr. J.J. Lalor, Dr. J.C. Waters, and
+Mr. James Scanlan, requiring them to attend on the following Tuesday at
+the Head Police Office to answer informations sworn against them for
+taking part in an "illegal procession" and a "seditious assembly." A
+summons had been taken out also against Mr. Martin; but as he had left
+Dublin for home on Friday, the police officers proceeded after him to
+Kilbroney, and "served" him there on Saturday evening.
+
+Beside and behind this open move was a secret castle plot so utterly
+disreputable that, as we shall see, the Attorney-General, startled by
+the shout of universal execration which it elicited, sent his official
+representative into public court to repudiate it as far as _he_ was
+concerned, and to offer a public apology to the gentlemen aggrieved by
+it. The history of that scandalous proceeding will appear in what
+follows.
+
+On Monday, 16th December, 1867, the Head Police Office, Exchange-court,
+Dublin, presented an excited scene. The daily papers of the day report
+the proceedings as follows:--
+
+   At one o'clock, the hour appointed by the summons, the defendants
+   attended in court, accompanied by their professional advisers and a
+   number of friends, including Alderman Plunkett, Mr. Butler, T.C.; the
+   Rev. P. Langan, P.P., Ardcath; A.M. Sullivan, T.C.; T.D. Sullivan,
+   J.J. Lalor, &c. Mr. Dix and Mr. Allen, divisional magistrates,
+   presided. Mr. James Murphy, Q.C., instructed by Mr. Anderson,
+   represented the crown. Mr. Heron, Q.C., and Mr. Molloy appeared for
+   J.J. Lalor. Mr. Crean appeared for Dr. Waters. Mr. Scallan appeared
+   as solicitor for J.J. Lalor and for Dr. Waters.
+
+   It was generally understood, on arrival at the Head-office, that the
+   cases would be heard in the usual court up stairs, and, accordingly,
+   the defendants and the professional gentlemen waited in the court for
+   a considerable time after one o'clock. It was then stated that the
+   magistrates would sit in another court down stairs, and all the
+   parties moved towards the door for the purpose of going there. Then
+   another arrangement was made, that the change would not take place,
+   and the parties concerned thereupon returned to their places. But in
+   a few minutes it was again announced that the proceedings would be in
+   the court down stairs. A general movement was made again by
+   defendants, by counsel, by solicitors, and others towards that court,
+   but on arriving at the entrances they were guarded by detectives and
+   police. The benches, which ought to have been reserved for the bar
+   and solicitors, and also for the press, were occupied by detectives,
+   and for a considerable time great difficulty was experienced in
+   getting places.
+
+   Mr. George M'Dermott, barrister, applied to the magistrates to assign
+   a place for the members of the bar.
+
+   Mr. Dix--I don't know that the bar, unless they are engaged in the
+   cases, have any greater privilege than anyone else. We have a
+   wretched court here.
+
+   Mr. M'Dermott said the bar was entitled to have room made for them
+   when it could be done.
+
+   Mr. W.L. Hackett--All the seats should not be occupied by policemen
+   to the exclusion of the bar.
+
+   Mr. Scallan, solicitor, who spoke from the end of the table,
+   said--Your worships, I am solicitor for one of the traversers, and I
+   cannot get near my counsel to communicate with him. The court is
+   filled with detectives.
+
+   Mr. Molloy--My solicitor has a right to be here; I want my solicitor
+   to be near me.
+
+   Mr. Dix--Certainly; how can men defend their clients if they are
+   inconvenienced.
+
+   An appeal was then made to the detectives who occupied the side bar
+   behind the counsel to make way.
+
+   Mr. Murphy, Q.C., said one was a policeman who was summoned. Mr.
+   Dix--The police have no right to take seats.
+
+   The detectives then yielded, and the professional gentlemen and the
+   reporters were accommodated.
+
+   Mr. Dix then called the cases.
+
+   Mr. Molloy--I appear with Mr. Heron, Q.C., on behalf of J.J. Lalor.
+
+   Mr. Crean--I appear for Dr. Waters.
+
+   Mr. John Martin--I appear on behalf of myself.
+
+   Mr. Crean--I understand there is an impression that Dr. Waters has
+   been summoned, but he has not.
+
+   Mr. Dix--If he appears that cures any defect.
+
+   Mr. Crean--I appear on his behalf, but I believe his personal
+   attendance is necessary.
+
+   Mr. Dix--Does anyone appear for Mr. Scanlan?
+
+   There was no answer.
+
+   Mr. Murphy, Q.C.--I ask whether Dr. Waters and Mr. Lalor appear in
+   court.
+
+   Mr. Molloy--My client Mr. Lalor, is in court.
+
+   Mr. Crean--I believe my client is not in court.
+
+   Mr. Murphy, Q.C.--I will prove the service of the summons against Dr.
+   Waters. If there is any defect in the summons it can be remedied. I
+   will not proceed against any person who does not appear.
+
+   Mr. Dix--Am I to take it there is no appearance for Dr. Waters or Mr.
+   Scanlan?
+
+   Mr. Crean--I appear for Dr. Waters. I believe he is not in court. It
+   was stated in the newspapers that he was summoned, but I am
+   instructed he has not been summoned at all.
+
+Mr. Murphy, Q.C., then proceeded in a careful and precise address to
+state the case for the crown. When he had concluded, and was about
+calling evidence, the following singular episode took place:--
+
+   Mr. Dix--You only proceed against two parties?
+
+   Mr. Murphy--I shall only proceed against the parties who
+   attend--against those who do not attend I shall not give evidence.
+
+   Mr. John Martin--If I am in order I would say, to save the time of
+   the court and to save the public money, that I would be very glad to
+   offer every facility to the crown. I believe, Sir, you (to Mr.
+   Murphy) are the crown?
+
+   Mr. Murphy--I represent the crown.
+
+   Mr. Martin--I will offer every facility to the crown for establishing
+   the facts both as to my conduct and my words.
+
+   Mr. A.M. Sullivan--I also will help you to put up some one, as you
+   seem scarce of the accused. I have been summoned myself--
+
+   Mr. Dix--Who are you?
+
+   Mr. Sullivan--My name is Alexander M. Sullivan, and, meaning no
+   disrespect to either of the magistrates, I publicly refuse even to
+   be sworn. I was present at the funeral procession--I participated in
+   it openly, deliberately, heartily--and I denounce as a personal and
+   public outrage the endeavour to degrade the national press of this
+   country by attempting to place in the light of--
+
+   Mr. Dix--I cannot allow this. This is not a place for making
+   speeches. I understand you are not summoned here at all.
+
+   Mr. Murphy--He is only summoned as a witness.
+
+   Mr. Dix--When you (to Mr. Sullivan) are called on will be the time to
+   hear you, not now.
+
+   Mr. Sullivan--I ask your worship, with your usual courtesy, to hear
+   me while I complain publicly of endeavouring to place the editor of a
+   national journal on the list of crown witnesses in this court as a
+   public and personal indignity--and as an endeavour to destroy the
+   influence of that national press, whose power they feel and fear, but
+   which they dare not prosecute. I personally complain--
+
+   Mr. Murphy--I don't know that this should be permitted.
+
+   Mr. Sullivan--Don't interrupt me for a moment.
+
+   Mr. Dix--Mr. Sullivan wants to have himself included in the summons
+   and charge.
+
+   Mr. Murphy--That cannot be done at present.
+
+   Mr. Sullivan--With one sentence I will conclude.
+
+   Mr. Murphy--I don't intend to have you called as a witness--
+
+   Mr. Sullivan--It is an endeavour to accomplish my imprisonment for
+   contempt, when the government "willing to wound, afraid to strike,"
+   know that they dare not accuse me as a Fenian--
+
+   Mr. Dix--You are not here as a Fenian.
+
+   Mr. Sullivan--For a moment. Knowing well, your worship, that they
+   could not get in all Ireland a jury to convict me, to secure my
+   imprisonment openly and fairly, they do this. I now declare that I
+   participated in that funeral, and I defy those who were guilty of
+   such cowardice as to subpoena me as a crown witness (applause).
+
+   Mr. Crean--I perceive that my client, Dr. C. Waters, is now in court.
+   In order to facilitate business, I shall offer no further objection;
+   but, as a matter of fact, he was not summoned.
+
+Then the case proceeded, the police giving their evidence on the whole
+very fairly, and testifying that the procession was one of the most
+peaceable, orderly, solemn, and impressive public demonstrations ever
+seen in Dublin. Against Mr. Martin it was testified that he marched at
+the head of the procession arm-in-arm with Mr. A.M. Sullivan and another
+gentleman; and that he delivered the memorable speech at the cemetery
+gate. Against Dr. Waters and Mr. Lalor it was advanced that they were
+honorary secretaries of the funeral committee, and had moreover acted,
+the former as a marshal, the latter as a steward in the procession. It
+was found, however, that the case could not be closed that day; and
+accordingly, late in the evening, the magistrates intimated that they
+would adjourn over to next morning. Suddenly from the body of the court
+is heard a stentorian voice:--
+
+   Mr. Bracken--I am summoned here as a crown witness. My name is Thomas
+   Bracken. I went, heart and soul into that procession (applause)--
+
+   Mr. Anderson, junior--I don't know this gentleman.
+
+   Mr. Bracken--I am very proud that neither you nor any one like you
+   knows me (applause).
+
+   Mr. Dix--I cannot hear you.
+
+   Mr. Bracken--I have been brought here as a crown witness away from my
+   business, and losing my time here.
+
+   Mr. Donal Sullivan--I am another, and I avow myself in the same way.
+
+   Several voices--"So am I."
+
+   Mr. Bracken--I want to know why I should be taken from my business,
+   by which I have to support my family, and put me before the eyes of
+   my countrymen as a crown witness (applause)? I went heart and soul
+   into the procession, and I am ready to do the same to-morrow, and
+   abide by the consequences (applause). It is curious that the
+   government should point me out as a crown witness.
+
+   Mr. Murphy--I ask for an adjournment till to-morrow.
+
+   Mr. Dix--It is more convenient to adjourn now.
+
+   Mr. Martin--I don't want to make any insinuations against the
+   gentlemen who represent the crown, nor against the police, but I
+   mention the fact, in order that they may relieve themselves from the
+   odium which would attach to them if they cannot explain it. This
+   morning a paragraph appears in one of the principal Dublin daily
+   papers, the _Irish Times_, in which it is said that I, John Martin,
+   have absconded; I must presume that the information was supplied to
+   that paper either by the crown representatives or by the police.
+
+   Mr. Murphy, Q.C.--It is right to state, so far as I am informed, that
+   an endeavour was made to serve Mr. Martin in Dublin. When the
+   summonses were issued he was not in Dublin, but had gone down to the
+   country, either to his own or the house of his brother, or--
+
+   Mr. Ross Todd, who sat beside Mr. Martin, here jumped up and said,
+   "To his own house, sir, to his own house"--
+
+   Mr. Murphy--Very well. A constable was sent down there, and saw Mr.
+   Martin, and he reported that Mr. Martin said he would attend
+   forthwith.
+
+   Mr. Dix--And he has done so?
+
+   Mr. Murphy--I have no other knowledge. It was briefed to me that Mr.
+   Martin said he would attend forthwith.
+
+   Mr. Martin--I am glad I have given the representatives of the crown
+   an opportunity of making that statement. But I cannot understand how,
+   when the representatives of the crown had the information, and when I
+   told the constables I would attend--as I have done at great
+   inconvenience and expense to myself--I cannot understand how a
+   newspaper should come to say I had absconded.
+
+   Mr. Murphy--I cannot understand it either; I can only tell the facts
+   within my own knowledge.
+
+   Mr. Molloy said it seemed very extraordinary that witnesses should be
+   summoned, and the crown say they were not.
+
+   Mr. Sullivan wished his summons to be examined. Did the magistrates
+   sign it?
+
+   Mr. Dix--Unless I saw the original I could not say.
+
+   Mr. J.J. Lalor--Sir John Gray has been summoned as a witness, too. It
+   is monstrous.
+
+   Sir John Gray, M.P.--I wish to state to your worship the unpleasant
+   circumstances under which I find myself placed. At an advanced hour
+   on Saturday I learned that the crown intended to summon as witnesses
+   for the prosecution some of the gentlemen connected with my
+   establishment. I immediately communicated with the crown prosecutor,
+   and said it was unfair towards these gentlemen to have them placed in
+   such an odious position, and that their refusal to act as crown
+   witnesses might subject them to serious personal consequences; I said
+   it would not be right of me to allow any of the gentlemen of my
+   establishment to subject themselves to the consequences of such
+   refusal, as I knew well they would all refuse. I suggested, if any
+   unpleasant consequences should follow, they should fall on the head
+   of the establishment alone (applause). I said "summon me, and deal
+   with me." I am here now, sir, to show my respect for you personally
+   and for this court; but I wish to state most distinctly that I will
+   never consent to be examined as a crown witness (applause).
+
+   Mr. Anderson, jun., here interposed.
+
+   Sir John Gray--I beg your pardon. I am addressing the bench, and I
+   hope I won't be interrupted. Some of my family are going to-night to
+   England to spend the Christmas with my son. I intend to escort them.
+   I will not be here to-morrow. I wish distinctly to state so. If I
+   were here, my respect for you and the bench, would induce me to be
+   present, but I would be present only to declare what I have already
+   stated, that I would not consent to be sworn or to give any evidence
+   whatever in this prosecution. I think it right to add that I attach
+   no blame whatever to the police authorities in this transaction. They
+   have, I am sure, performed their duty in this case with that
+   propriety which has always characterised their conduct. Neither do I
+   attach any blame to the crown prosecutor. I simply desire to state,
+   with the most profound respect for the bench and the court, that I
+   will not be a witness (loud applause).
+
+   Mr. Anderson--We don't intend to examine Sir John Gray, but I wish to
+   say that if the police believed any one could give important
+   evidence, it is a new proposition to me that it is an indignity upon
+   a man to summon him as a crown witness--
+
+   Mr. A.M. Sullivan--I say it is an indignity, and that the crown
+   solicitor should not seek to shift the responsibility on the police,
+   who only do what they are told.
+
+   Mr. Anderson--I am not trying to shift anything.
+
+   Mr. Sullivan--You are. You are trying to shift the responsibility of
+   having committed a gross indignity upon a member of parliament, upon
+   myself, and upon many honest men here.
+
+   Several persons holding up summonses said "hear, hear," and "yes."
+
+   Mr. Sullivan--This I charge to have been done by Mr. Anderson as his
+   base revenge upon honest men who bade him defiance. Mr. Anderson must
+   answer for this conduct. It is a vile conspiracy--a plot against
+   honest men, who here now to his face tell him they scorn and defy him
+   (applause).
+
+   Mr. Dix--I adjourn the case till one o'clock to-morrow.
+
+   The proceedings were then adjourned.
+
+So far have we quoted from the _Freeman's Journal_. Of the closing scene
+_Saunders's News-Letter_, grieving sorely over such a fiasco, gives the
+following account:--
+
+   The adjournment of the court was attended with a scene of tumult and
+   disorder that was rarely, or never, witnessed in a police court, in
+   presence of the magistrates and a large number of police--both
+   inspectors and detectives. The crowd of unwilling witnesses who had
+   been summoned to give evidence against the defendants, clamorously
+   protested against being brought there as crown witnesses, avowed that
+   they were present taking part in the procession, and loudly declared
+   that they would not attend at any subsequent hearing of the case. The
+   latter part of the case indeed was marked with frequent interruptions
+   and declarations of a similar kind, often very vociferously uttered.
+   The proceedings terminated amid the greatest and unchecked disorder.
+
+In plain words, "Scene I, Act I," in what was meant to be a most solemn,
+awe-inspiring government function, turned out an unmistakable farce, if
+not a disastrous break down. Even the government journals themselves,
+without waiting for "Scene II.," (though coming off immediately) raised
+a shout of condemnation of the discreditable bungle, and demanded that
+it should be forthwith abandoned. Considering the course ultimately
+taken by the government, these utterances of the government organs
+themselves, have a serious meaning and are of peculiar importance. The
+ultra-orange _Evening Mail_ (Tuesday, 17th December,) said:--
+
+   THE POLICE-COURT SCENE.
+
+   The scenes of yesterday in the Dublin police-court will cause an
+   astonished public to put the question, is the government insane? They
+   suppress the processions one day, and on the next proceed with
+   deliberation to destroy all possible effect from such an act by
+   inviting the magistrates' court to be used as a platform from whence
+   a fresh roar of defiance may be uttered. The originators of the
+   seditious demonstrations are charged with having brought the
+   government of the kingdom into hatred and contempt; but what step
+   taken, or word spoken or written, from the date of the first
+   procession to the last, brought the government into anything like the
+   "contempt" into which it plunged itself yesterday? The prosecutions
+   now instituted are in themselves an act of utter weakness. We so
+   declared when we imagined that they would be at least rationally
+   conducted; but what is to be said now? It is literally impossible to
+   give any sane explanation of the course taken in summoning as a crown
+   witness one who must have been known to be prepared to boast of his
+   participation in the procession. Mr. Sullivan boldly bearded the
+   prosecutors of his brethren. It was a splendid opportunity for him.
+   "I was present (he said) at that funeral procession. I participated
+   in it, deliberately and heartily. I call this a personal and public
+   outrage, to endeavour to drag the national press of this country--".
+   Timid and ineffectual attempts were made by the magistrate to protect
+   his court and position from insult, but Mr. Sullivan had the field,
+   and would hold it. "He might help the crown to put some one else up,"
+   he said, "as they are scarce, perhaps, in accused." The summoning of
+   him was, he resumed, an "attempt to destroy the national press, whose
+   power the crown feels and fears, but which they dare not prosecute."
+   Mr. Sullivan was suffered to describe the conduct of the crown
+   prosecutors at another stage as an "infamous plot." The government
+   desired "to accomplish his imprisonment; they were willing to wound
+   but afraid to strike." "They knew (he added) that they would not get
+   a jury in all Ireland to agree to convict me; and I now characterise
+   the conduct of the crown as base and cowardly." Another witness, in a
+   halting way, entered a like protest against being supposed to have
+   sympathy with the crown in the case; and the net result was a very
+   remarkable triumph for what Mr. Sullivan calls the "national
+   press"--a title wholly misapplied and grossly abused. Are we to have
+   a succession of these "scenes in court?"
+
+_Saunders's News-Letter_ of the same date dealt with the subject as
+follows:--
+
+   The first step in what appears to be a very doubtful proceeding was
+   taken yesterday by the law advisers of the crown. We refer to the
+   prosecution instituted against the leaders and organisers of the
+   Fenian procession which took place in this city on Sunday, the 8th
+   instant, in honour of the memories of the men executed at Manchester
+   for murder. As to the character of that demonstration we never
+   entertained any doubt. But it must be remembered that similar
+   demonstrations had taken place a week previously in London, in
+   Manchester, and in Cork, and that not only did the authorities not
+   interfere to prevent them, but that the prime minister declared in
+   the House of Lords that they were not illegal. Lord Derby doubtless,
+   intended to limit his observations to the violition of the Party
+   Processions Act, without pronouncing any opinion as to the legality
+   or illegality of the processions, viewed under another aspect, as
+   seditious assemblies. But his language was calculated to mislead,
+   and, as a matter of fact, was taken by the Fenian sympathisers as an
+   admission that their mock funeral processions were not unlawful. It
+   is not to be wondered at, therefore, however much to be deplored,
+   that the disaffected portion of the population should have eagerly
+   taken advantage of Lord Derby's declaration to make a safe display of
+   their sympathies and of their strength. They were encouraged to do so
+   by the toleration already extended towards their fellows in England
+   and in Cork, as well as by the statement of the prime minister. Under
+   these circumstances the prosecution of persons who took part in the
+   Dublin procession, even as organisers of that proceeding, appears to
+   us to be a matter of doubtful policy. Mr. John Martin, the leader of
+   the movement, stands in a different position from his companions.
+   They confined themselves to walking in the procession; he delivered
+   an inflammatory and seditious speech, for which he alone is
+   responsible, and which might have been made the subject of a separate
+   proceeding against him. To do Mr. Martin justice, he showed no desire
+   to shirk the responsibility he has incurred. At the police-court,
+   yesterday, he frankly avowed the part he had taken in the procession,
+   and offered to acknowledge the speech which he delivered on that
+   occasion. If, however, the policy which dictated the prosecution be
+   questionable, there can be no doubt at all as to the objectionable
+   manner in which some of the persons engaged in it have
+   acted--assuming the statement to be true that Mr. Sullivan,
+   proprietor and editor of the _Nation_ newspaper, and Sir John Gray,
+   proprietor of the _Freeman's Journal_, have been summoned as crown
+   witnesses. Who is responsible for this extraordinary proceeding it is
+   at present impossible to say. Mr. Murphy, Q.C., the counsel for the
+   crown, declared that he did not intend to examine Mr. Sullivan; Mr.
+   Anderson, the son of the crown solicitor, who appears to be entrusted
+   with the management of these prosecutions, denied that he had
+   directed the summonses to be served, and Mr. Dix, the magistrate,
+   stated that he had not signed them. Tot Mr. Sullivan produced the
+   summons requiring him to attend as a witness, and in the strongest
+   manner denounced the proceeding as a base and cowardly attempt on the
+   part of the government to imprison for contempt of court, a
+   "national journalist" whom they dared not prosecute. Sir John Gray,
+   ill less violent language, complained of an effort having been made
+   to place some of the gentlemen in his employment in the "odious
+   position of crown witnesses," and stated that he himself had been
+   subpoenaed, but would decline to give evidence. We have not concealed
+   our opinion as to the proper way of dealing with Mr. Sullivan. As the
+   weekly disseminator of most exciting and inflammatory articles, he is
+   doing much to promote disaffection and encourage Fenianism. In no
+   other country in the world would such writing be tolerated for a day;
+   and, assuredly it ought not to be permitted in Ireland in perilous
+   and exciting times like the present. But if Mr. Sullivan has offended
+   against the law, let him be proceeded against boldly, openly, and
+   fairly. He has, we think, a right to complain of being summoned as a
+   witness for the crown; but the government have even more reason to
+   complain of the conduct of their servants in exposing them by their
+   blunders to ridicule and contempt. It is too bad that with a large
+   and highly-paid staff of lawyers and attorneys the government
+   prosecutions should be conducted in a loose and slovenly manner. When
+   a state prosecution has been determined upon, every step ought to be
+   carefully and anxiously considered, and subordinate officials should
+   not be permitted by acts of officious zeal to compromise their
+   superiors and bring discredit on the administration of the law.
+
+The Liberal-Conservative _Irish Times_ was still more outspoken:--
+
+   While all commend the recent action of the government, and give the
+   executive full credit for the repression by proclamation of
+   processions avowedly intended to be protests against authority and
+   law, it is generally regretted that prosecutions should have been
+   instituted against some of those who had taken part in these
+   processions. Had these menacing assemblages been held after the
+   proclamations were issued, or in defiance of the authorities, the
+   utmost power should have been exerted to put them down, and the
+   terrors of the law would properly have been invoked to punish the
+   guilty. But, bearing in mind the fact that these processions had been
+   declared by the head of the government--expressing, no doubt, the
+   opinion entertained at that time by the law officers of the crown,
+   that these processions were "not illegal"--remembering, too, that
+   similar processions had been already held without the slightest
+   intimation of opposition on the part of government; and recollecting,
+   also, that the proclamation was everywhere implicitly obeyed, and
+   without the least wish to dispute it, we cannot avoid regretting that
+   the government should have been advised, at the last hour, to
+   institute prosecutions of such a nature. Once, however, it was
+   determined to vindicate the law in this way, the utmost care should
+   have been taken to maintain the dignity of the proceedings, and to
+   avoid everything calculated to create annoyance, irritation, or
+   offence. If we except the moderate and very able speech of Mr.
+   Murphy, Q.C., there is no one part of the proceedings in the
+   police-court which merits commendation. Some of the witnesses utterly
+   broke down; opportunity was given for utterances not calculated to
+   increase respect for the law; and disloyal sentiments were boldly
+   expressed and cheered until the court rang again. Great and serious
+   as was the mistake in not obtaining an accurate legal opinion
+   respecting the character of these meetings at the first, and then
+   prohibiting them, a far greater mistake is now, we think, committed
+   in instituting _these retrospective prosecutions_. For this mistake
+   the law officers of the crown must, we infer, be held responsible.
+   Were they men of energy and vigour, with the necessary knowledge of
+   the world, they would not have suffered the executive to permit
+   processions first, and then prohibit them, and at the same time try
+   men for participating in what had been pronounced not to be illegal.
+   We exonerate the attorney-general from the error of summoning to give
+   evidence persons who openly gloried in the part they had taken in
+   these meetings. To command the presence of such witnesses was of the
+   nature of an offence. There was no ground, for instance, for
+   supposing that Mr. Sullivan would have played the informer against
+   the friends who had walked with him in the procession--such is not
+   his character, his feeling, or his sense of honour. The summoning of
+   those who had moved with, and as part of, the multitude, to give
+   evidence against their fellows, was not only a most injudicious, but
+   a futile expedient, and naturally has caused very great
+   dissatisfaction and annoyance. The circumstance, however, proves that
+   the prosecutions was instituted without that exact care and minute
+   attention to all particulars which are necessary in a case of this
+   kind.
+
+Even the _Daily Express_, the, all-but subsidised, if not the secretly
+subsidised, organ of the ultra-orange section of the Irish
+administration, had to own the discomfiture of its patrons:--
+
+   Are our police offices to become a kind of national journals court?
+   Is the "national press of Ireland" then and there to bid for the
+   support immediately of the gallery, and more remotely of that portion
+   of the population which is humourously called the Irish Nation? These
+   speculations are suggested by a curious scene which took place at the
+   inquiry at the police office yesterday, and which will be found
+   detailed in another column. Mr. Sullivan, the editor of the _Nation_,
+   seized the opportunity of being summoned as a witness, to denounce
+   the government for not including him in the prosecution. He
+   complained "of endeavouring to place the editor of a national journal
+   on the list of crown witnesses in this court as a public and
+   personal indignity," and as an endeavour to destroy the influence of
+   the national press. It is certainly an open avowal to declare that
+   the mere placing of the name of the editor of a "national" journal
+   upon the list of crown witnesses is an unparalleled wrong. But Sir
+   John Gray was still more instructive. From him we learn that a
+   witness summoned to assist the crown in the prosecution of sedition
+   is placed in an "odious position." Odious it may be, but in the eyes
+   of whom? Surely not of any loyal subject? A paid informer, or
+   professional spy, may be personally odious in the eyes of those who
+   make use of his services. But we have yet to learn how a subject who
+   is summoned to come forward to assist the government fills an odious
+   position in the opinion of his loyal fellow-subjects. We should
+   rather have supposed him to be entitled to their gratitude. However
+   that may be, Sir John Gray came gallantly to the rescue of several
+   "gentlemen connected with his establishment," whom, he was informed,
+   the government intended to summon as witnesses. This, he knew, they
+   would all refuse. "I suggested, if any unpleasant consequences should
+   follow, that they should fall on the head of the establishment
+   alone." He called upon the authorities to summon him. We do complain
+   of our police-courts being made the scenes of open avowals of
+   determination to thwart, or, at least, not to assist the government
+   in their endeavours to prosecute treason and sedition. We can imagine
+   no principle on which a subject could object to assisting the crown
+   as a witness, which, if followed to its logical consequences, would
+   not justify open rebellion. It is certainly a dangerous doctrine to
+   preach that it is allowable, nay, even praiseworthy in a subject to
+   refuse to give evidence when called upon to do so by the crown. There
+   is a disposition too prevalent in this country to regard the law as
+   an enemy, and opposition to it, either by passive obstruction or
+   active rebellion, as a praiseworthy and patriotic act. Can we wonder
+   at this when we hear opposition to constituted authority openly
+   preached by the instructors of "the nation," and witness the
+   eagerness of the "national press" to free itself from the terrible
+   suspicion of coming to the assistance, even involuntarily, of the
+   government in its struggle with sedition and treason?
+
+It was amidst such an outburst of vexation and indignation as this, even
+from the government journals themselves, that the curtain rose next
+morning on Act II. in the Head Police Office. A very unique episode
+commenced the proceedings on this day also. At the resumption of the
+case, Mr. Murphy, Q.C., on behalf of the crown, said:--
+
+   Mr. Sullivan and some other gentlemen complained yesterday of having
+   been served with summonses to give evidence in those cases. I am
+   directed by the attorney-general to state that he regrets it, and
+   that it was done without his authority. He never gave any directions
+   to have those persons summoned, nor was it done by anyone acting
+   under his directions. It occurred in this way. General directions
+   were given to the police to summon parties to give evidence in order
+   to establish the charge against those four gentlemen who are summoned
+   for taking an active part in the procession. The police, in the
+   exercise of their discretion thought it might be necessary to summon
+   parties who took part in the procession, but there was no intention
+   on the part of those aiding on behalf of the crown to summon parties
+   to give evidence who themselves took part in the procession, and I am
+   sorry it occurred.
+
+   Mr. Dix--I may mention that a magistrate when signing a summons knows
+   nothing of the witnesses. If they were all living in Jamacia he
+   merely signs it as a matter of form.
+
+   Mr. A.M. Sullivan--I thank your worship and Mr. Murphy, and I think
+   it will be seen that had your worship not allowed me yesterday to
+   make the protest I did, the attorney-general would not have the
+   opportunity of making the disclaimer which it became the dignity of
+   the government to make. The aspect of the case yesterday was very
+   adverse towards Sir John Gray, myself, and other gentlemen. Although
+   my brother signed his name to the notice, he was not summoned as
+   principal but as a witness, but if necessary, he was determined to
+   stand side by side in the dock with Mr. Martin.
+
+   Mr. Allen--I am very glad of the explanation, because I was blamed
+   for allowing persons making speeches here yesterday. I think if a man
+   has any ground of complaint the sooner it is set right the better.
+
+   Mr. Sullivan--I have to thank the bench.
+
+   Mr. Allen--I am glad that a satisfactory arrangement has been come to
+   by all parties, because there is an objection entertained by some
+   persons to be brought into court as witnesses for the crown.
+
+   Mr. Sullivan--Especially a public journalist.
+
+   Mr. Allen--Quite so.
+
+   Mr. Heron then proceeded to cross-examine the witness.
+
+It was elicited from the government reporter, that, by a process which
+he called "throwing in the vowels," he was able to make Mr. Martin's
+speech read sufficiently seditious. Mr. D.C. Heron, Q.C., then addressed
+the court on behalf of Mr. J.J. Lalor; and Mr. Michael Crean, barrister,
+on behalf of Dr. Waters. Mr. Martin, on his own behalf, then spoke as
+follows:--
+
+   I admit I attended the procession. I admit also that I spoke words
+   which I consider very grave and serious words upon that occasion. For
+   my acts on that occasion, for the sense and intention of the words I
+   spoke on that occasion, I am perfectly willing to be put upon my
+   country. Not only for all my acts on that occasion--not only for the
+   words which I spoke on that occasion; but for all my acts or all the
+   words I either spoke or wrote, publicly or privately, upon Irish
+   politics, I am perfectly willing to be put upon my country. In any
+   free country that has real constitutional institutions to guarantee
+   the liberty of the subject--to guarantee the free trial of the
+   subject charged with an offence against either the state or his
+   neighbour, it would be quite absurd to expect a man could be put upon
+   his country and convicted of a crime for doing that and using such
+   words as the vast majority of his fellow-countrymen approve. In this
+   case I believe that a vast majority of my fellow-countrymen do not
+   disapprove of the acts I acknowledge on that occasion, and that they
+   sympathise in the sentiment of the words I then spoke. Therefore the
+   mere fact that a prosecution is preferred against me for that act,
+   and for those words, is the expression of an opinion on my part that
+   this country does not at present enjoy real constitutional
+   institutions, guaranteeing a free trial--guaranteeing that the man
+   accused shall be really put upon his country. Therefore it is absurd
+   to think that any twelve honest men, my neighbours, put upon their
+   oaths, would declare that to be a crime which it is probable that, at
+   least, four-fifths of them believe to be right--right both
+   constitutionally and morally. I am aware--we are all aware--that the
+   gentlemen who represent the crown in this country, have very powerful
+   means at their disposal for obtaining convictions in the form of law
+   and in the form of justice, of any person they think proper to
+   accuse; and without meaning either to sneer or to joke in this
+   matter, I acknowledge the moderation of the gentlemen who represent
+   the government, since they chose to trouble themselves with me at
+   all. I acknowledge their moderation in proposing to indict me now for
+   sedition, for the language which they say I used, because it is
+   possible for them, with the means at their disposal, to have me
+   convicted for murder, or burglary, or bigamy (laughter). I am sorry
+   to say what seems like a sneer, but I use the words in deep and
+   solemn seriousness, and I say no more than I am perfectly ready to be
+   tried fairly or foully (applause in court).
+
+The magistrates reserved their decision till next day; so that there
+might be decent and seemly pause for the purpose of looking up and
+pondering the legal precedents, as the legal fiction would have it; and
+on next day, they announced that they would send all the accused for
+trial to the next Commission at Green-street, to open on the 10th
+February, 1868. The several traversers, however, were required to enter
+merely into their own recognizances in £500 each to appear for trial.
+
+In this police court proceeding the government, confessedly, were
+morally worsted--utterly humiliated, in fact. So far from creating awe
+or striking terror, the prosecution had evoked general contempt, scorn,
+and indignation. To such an extent was this fact recognised, that the
+government journals themselves, as we have seen, were amongst the
+loudest in censuring the whole proceeding, and in supporting the general
+expectation that there was an end of the prosecution.
+
+Not so however was it to be. The very bitterness of the mortification
+inflicted upon them by their "roll in the dust" on their first legal
+encounter with the processionists, seemed to render the crown officials
+more and more vindictive. It was too galling to lie under the public
+challenge hurled at them by Mr. Bracken, Mr. O'Reilly, and Mr. Sullivan.
+After twelve days' cogitation, government made up its mind to strike.
+
+On Saturday, 28th December, 1867--just as everyone in Ireland seemed to
+have concluded that, as the Conservative journals said, there was "an
+end of" the foolish and ill-advised funeral prosecutions--Mr. Sullivan,
+Mr. Bracken (one of the funeral stewards), Mr. Jennings, of Kingstown
+(one of the best known and most trusted of the nationalists of
+"Dunleary" district). Mr. O'Reilly, (one of the mounted marshals at the
+procession), and some others, were served with citations to appear on
+Monday the 30th, at the Head Police Office, to answer charges identical
+with those preferred on the 16th against Mr. Martin, Dr. Waters, and Mr.
+Lalor.
+
+Preliminary prosecution No. 2 very much resembled No. 1. Mr. Murphy,
+Q.C. stated the crown case with fairness and moderation; and the police,
+as before, gave their evidence like men who felt "duty" and "conscience"
+in sore disagreement on such an occasion. Mr. Jennings and Mr. O'Reilly
+were defended, respectively, by Mr. Molloy and Mr. Crean; two advocates
+whose selection from the junior bar for these critical and important
+public cases was triumphantly vindicated by their conduct from the
+first to the last scene of the drama. Mr. Sullivan, Mr. Bracken, and the
+other accused, were not represented by counsel. On the first-named
+gentleman (Mr. Sullivan) being formally called on, he addressed the
+court at some length. He said:--
+
+   Please your worship, had the officials of the crown adopted towards
+   me, in the first instance, the course which they have taken upon the
+   present occasion, and had they not adopted the singular course which
+   they pursued in my regard when I last appeared in this court, I
+   should trouble you with no observations. For, as one of the 50,000
+   persons who, on the 8th of December, in this city, publicly,
+   lawfully, and peacefully demonstrated their protest against what they
+   believed to have been a denial of law and an outrage on justice, I
+   should certainly waste no public time in this preliminary
+   investigation, but rather admit the facts as you perceive I have done
+   to-day, and hasten the final decision on the issues really knit
+   between us and the crown. What was the course adopted by the crown in
+   the first instance against me? They had before them, on the 9th, just
+   as well as on the 29th--it is in evidence that they had--the fact
+   that I, openly and publicly, took part in that demonstration--that
+   sorrowful and sad protest against injustice (applause). They had
+   before them then as much as they had before them to-day, or as much
+   as they will ever have affecting me. For, whatever course I take in
+   public affairs in this country, I conceal nothing, I take it
+   publicly, openly, and deliberately. If I err, I am satisfied to abide
+   the consequences; and, whenever it may suit the weathercock judgment
+   of Lord Mayo, and his vacillating law advisers, to characterise my
+   acts or my opinion as illegal, seditious, heretical, idolatrous, or
+   treasonable, I must, like every other subject, be content to take my
+   chance of their being able to find a jury sufficiently facile or
+   sufficiently stupid to carry out their behests against me. But they
+   did not choose that course at first. They did not summon me as a
+   principal, but they subpoenaed me as a witness--as a crown
+   witness--against some of my dearest, personal, and public friends.
+   The attorney-general, whose word I most fully and frankly accept in
+   the matter--for I would not charge him with being wanting in personal
+   truthfulness--denied having had any complicity in the course of
+   conduct pursued towards me; but where does he lay the responsibility?
+   On "the police." What is the meaning of that phrase, "the police?" He
+   surely does not mean that the members of the force, who parade our
+   streets, exercise viceregal functions (laughter). Who was this person
+   thus called the "police?" How many degrees above or below the
+   attorney-general are we to look for this functionary described as
+   "the police," who has the authority to have a "seditious" man--that
+   is the allegation--a seditious man--exempted from prosecution? The
+   police cannot do that. Who, then? Who was he that could draw the
+   line between John Martin and his friend A.M. Sullivan--exempt the
+   one, prosecute the other--summon the former as a defendant and
+   subpoena the latter as a crown witness? What was the object? It is
+   plain. There are at this moment, I am convinced--who doubts
+   it?--throughout Ireland, as yet unfound out, Talbots and Corridons in
+   the pay of the crown acting as Fenian centres, who, next day, would
+   receive from their employers directions to spread amongst my
+   countrymen the intelligence that I had been here to betray my
+   associate, John Martin (applause). But their plot recoiled--their
+   device was exposed; public opinion expressed its reprobation of the
+   unsuccessful trick; and now they come to mend their hand. The men who
+   were exempted before are prosecuted to-day. Now, your worships, on
+   this whole case--on this entire procedure--I deliberately charge that
+   not we, but the government, have violated the law. I charge that the
+   government are well aware that the law is against them--that they are
+   irresistibly driven upon this attempt to strain and break the law
+   against the constitutional right and liberty of the subject by their
+   mere party exigencies and necessities.
+
+He then reviewed at length the bearing of the Party Processions Act upon
+the present case; and next proceeded to deal with the subject of the
+Manchester executions; maintaining that the men were hanged, as were
+others before them, in like moments of national passion and frenzy, on a
+false evidence and a rotten verdict. Mr. Sullivan proceeded:--
+
+   It is because the people love justice and abhor injustice--because
+   the real crime of those three victims is believed to have been
+   devotion to native land--that the Catholic churches of Ireland
+   resound with prayers and requiem hymns, and the public highways were
+   lined with sympathising thousands, until the guilty fears of the
+   executioners proclaimed it illegal to mourn. Think you, sir, if the
+   crown view of this matter were the true one, would the Catholic
+   clergy of Ireland--they who braved fierce and bitter unpopularity in
+   reprehending the Fenian conspiracy at a time when Lord Mayo's organ
+   was patting it on the back for its 'fine Sardinian spirit'--would
+   these ministers of religion drape their churches for three common
+   murderers? I repel as a calumnious and slanderous accusation against
+   the Catholic clergy of Ireland this charge, that by their mourning
+   for those three martyred Irishmen, they expressed sympathy, directly
+   or indirectly, with murder or life-taking. If an act be seditious, it
+   is not the less illegal in the church than in the graveyard, or on
+   the road to the cemetery. Are we, then, to understand that our
+   churches are to be invaded by bands of soldiery, and our priests
+   dragged from the altars, for the seditious crime of proclaiming
+   aloud their belief in the innocence of Allen, Larkin, and O'Brien?
+   This, sir, is what depends on the decision in this case, here or
+   elsewhere. All this and more. It is to be decided whether, in their
+   capacity of Privy Councillors, the judges of the land shall put forth
+   a proclamation the legality or binding force of which they will
+   afterwards sit as judges to try. It is whether, there being no
+   constitution now allowed to exist in the country, there is to be no
+   law save what a Castle proclamation will construct, permit, or
+   decree; no mourning save what the police will license; no
+   demonstration of opinion save whatever accords with the government
+   views. We hear much of the liberties enjoyed in this country. No
+   doubt, we have fine constitutional rights and securities, until the
+   very time they are most required. When we have no need to invoke
+   them, they are permitted to us; but at the only time when they might
+   be of substantial value, they are, as the phrase goes, "suspended."
+   Who, unless in times of governmental panic, need apprehend
+   unwarranted arrest? When else is the _Habeas Corpus_ Act of such
+   considerable protection to the subject? When, unless when the crown
+   seeks to invade public liberty, is the purity and integrity of trial
+   by jury of such value and importance in political cases? Yet all the
+   world knows that the British government, whenever such a conflict
+   arises, juggles and packs the jury--
+
+   Mr. Dix--I really cannot allow that language to be used in this
+   court, Mr. Sullivan, with every disposition to accord you, as an
+   accused person, the amplest limits in your observations. Such
+   language goes beyond what I can permit--
+
+   Mr. Sullivan--I, at once, in respect for your worship, retract the
+   word juggle. I will say the crown manipulates the jury.
+
+   Mr. Dix--I can't at all allow this line of comment to be pursued--
+
+   Mr. Sullivan--With all respect for your worship, and while I am ready
+   to use any phrase most suitable for utterance here, I will not give
+   up my right to state and proclaim the fact, however unpalatable, when
+   it is notoriously true. I stand upon my rights to say, that you have
+   all the greater reason to pause, ere you send me, or any other
+   citizen, for trial before a jury in a crown prosecution at a moment
+   like the present, when trial by jury, as the theory of the
+   constitution supposes it, does not exist in the land. I say there is
+   now notoriously no fair trial by jury to be had in this country, as
+   between the subject and the crown. Never yet, in an important
+   political case, have the government in this country dared to allow
+   twelve men indifferently chosen, to pass into the jury-box to try the
+   issue between the subject and the crown. And now, sir, if you send
+   the case for trial, and suppose the government succeed by the juries
+   they are able to empanel here, with 'Fenian' ticketed on the backs of
+   the accused by the real governors of the country--the Heygates and
+   the Bruces--and if it is declared by you that in this land of
+   mourning it has become at last criminal even to mourn--what a victory
+   for the crown! Oh, sir, they have been for years winning such
+   victories, and thereby manufacturing conspiracies--driving people
+   from the open and legitimate expression of their sentiments into
+   corners to conspire and to hide. I stand here as a man against whom
+   some clamour has been raised for my efforts to save my countrymen
+   from the courses into which the government conduct has been driving
+   them, and I say that there is no more revolutionary agent in the land
+   than that persecution of authority which says to the people, "When we
+   strike you, we forbid you to weep." We meet the crown, foot to foot,
+   on its case here. We say we have committed no offence, but that the
+   prosecution against us has been instituted to subserve their party
+   exigencies, and that the government is straining and violating the
+   law. We challenge them to the issue, and even should they succeed in
+   obtaining from a crown jury a verdict against us, we have a wider
+   tribunal to appeal to--the decision of our own consciences and the
+   judgment of humanity (applause).
+
+   Mr. Murphy, Q.C., briefly replied. He asked his worship not to decide
+   that the procession was illegal, but that this case was one for a
+   court of law and a jury.
+
+On this occasion it was unnecessary for Mr. Dix to take any "time to
+consider his decision." All the accused were bound over in their own
+recognizances to stand their trials at the forthcoming Commission in
+Green-street court, on the 10th of February, 1868.
+
+The plunge which the crown officials had shivered so long before
+attempting had now been taken, and they determined to go through with
+the work, _a l'outrance_. In the interval between the last police-court
+scene described above, and the opening of the Green-street Commission,
+in February, 1868, prosecutions were directly commenced against the
+_Irishman_ and the _Weekly News_ for seditious writing. In the case of
+the former journal the proprietor tried some skilfully-devised
+preparatory legal moves and manoeuvers, not one of which of course
+succeeded, though their justice and legality were apparent enough. In
+the case of the latter journal--the _Weekly News_--the proprietor raised
+no legal point whatsoever. The fact was that when he found the crown not
+content with _one_ state prosecution against him (that for the funeral
+procession), coming upon him with _a second_, he knew his doom was
+sealed. He very correctly judged that legal moves would be all in
+vain--that his conviction, _per fas aut ne fas_, was to be
+obtained--that a jury would be packed against him--and that consequently
+the briefest and most dignified course for him would be to go straight
+to the conflict and meet it boldly.
+
+On Monday, 10th February, 1868, the commission was opened in
+Green-street, Dublin, before Mr. Justice Fitzgerald and Baron Deasy.
+Soon a cunning and unworthy legal trick on the part of the crown was
+revealed. The prosecuted processionists and journalists had been
+indicted in the _city_ venue, had been returned for trial to the _city_
+commission by a _city_ jury. But the government at the last moment
+mistrusted a city jury in this instance--even a _packed_ city jury--and
+without any notice to the traversers, sent the indictments before the
+_county_ grand jury, so that they might be tried by a jury picked and
+packed from the anti-Irish oligarchy of the Pale. It was an act of gross
+illegality, hardship, and oppression. The illegality of such a course
+had been ruled and decided in the case of Mr. Gavan Duffy in 1848. But
+the point was raised vainly now. When Mr. Pigott, of the _Irishman_, was
+called to plead, his counsel (Mr. Heron, Q.C.) insisted that he, the
+traverser, was now in custody of the _city_ sheriff in accordance with
+his recognizances, and could not without legal process be removed to the
+county venue. An exciting encounter ensued between Mr. Heron and the
+crown counsel, and the court took till next day to decide the point.
+Next morning it was decided in favour of the crown, and Mr. Pigott was
+about being arraigned, when, in order that he might not be prejudiced by
+having attended pending the decision, the attorney-general said, "he
+would shut his eyes to the fact that that gentleman was now in court,"
+and would have him called immediately--an intimation that Mr. Pigott
+might, if advised, try the course of refusing to appear. He did so
+refuse. When next called, Mr. Pigott was not forthcoming, and on the
+police proceeding to his office and residence that gentleman was not to
+be found--having, as the attorney-general spitefully expressed it, "fled
+from justice." Mr. Sullivan's case, had, of necessity, then to be
+called; and this was exactly what the crown had desired to avoid, and
+what Mr. Heron had aimed to secure. It was the secret of all the
+skirmishing. A very general impression prevailed that the crown would
+fail in getting a jury to convict Mr. Sullivan on any indictment
+tinctured even ever so faintly with "Fenianism;" and it was deemed of
+great importance to Mr. Pigott's case to force the crown to begin with
+the one in which failure was expected--Mr. Sullivan having intimated his
+perfect willingness to be either pushed to the front or kept to the
+last, according as might best promise to secure the discomfiture of the
+government. Mr. Heron had therefore so far out-manoeuvered the crown.
+Mr. Sullivan appeared in court and announced himself ready for trial,
+and the next morning was fixed for his arraignment. Up to this moment,
+that gentleman had expressed his determination not only to discard legal
+points, but to decline ordinary professional defence, and to address the
+jury in his own behalf. Now, however, deferring to considerations
+strongly pressed on him (set forth in his speech to the jury in the
+funeral procession case), he relinquished this resolution; and, late on
+the night preceding his trial, entrusted to Mr. Heron, Q.C., Mr. Crean,
+and Mr. Molloy, his defence on this first prosecution.
+
+Next morning, Saturday, 15th February, 1868, the trial commenced; a jury
+was duly packed by the "stand-by" process, and notwithstanding a charge
+by Justice Fitzgerald, which was, on the whole one of the fairest heard
+in Ireland in a political case for many years, Mr. Sullivan was duly
+convicted of having, by pictures and writings in his journal the _Weekly
+News_, seditiously brought the crown and government into hatred and
+contempt.
+
+The government officials were jubilant. Mr. Pigott was next arraigned,
+and after an exceedingly able defence by Mr. Heron, was likewise
+convicted.
+
+It was now very generally concluded that the government would be
+satisfied with these convictions, and would not proceed with the funeral
+procession cases. At all events, it was universally regarded as certain
+that Mr. Sullivan would not be arraigned on the second or funeral
+procession indictment, as he now stood convicted on the other--the press
+charge. But it was not to be so. Elate with their success, the crown
+officials thought they might even discard their doubts of a city jury;
+and on Thursday morning, 20th February, 1868, John Martin, Alexander M.
+Sullivan, Thomas Bracken, and J.J. Lalor,[A] were formally arraigned in
+the _city_ venue. [Footnote A: Dr. Waters, in the interval since his
+committal on this charge, had been arrested, and was now imprisoned,
+under the Suspension of the _Habeas Corpus_ Act. He was not brought to
+trial on the procession charge.]
+
+It was a scene to be long remembered, that which was presented in the
+Green-street court-house on that Thursday morning. The dogged
+vindictiveness of the crown officials, in persisting with this second
+prosecution, seemed to have excited intense feeling throughout the city,
+and long before the proceedings opened the court was crowded in every
+part with anxious spectators. When Mr. Martin entered, accompanied by
+his brother-in-law, Dr. Simpson, and Mr. Ross Todd, and took his seat at
+the travelers' bar, a low murmur of respectful sympathy, amounting to
+applause, ran through the building. And surely it was a sight to move
+the heart to see this patriot--this man of pure and stainless life,
+this man of exalted character, of noble soul, and glorious
+principles--standing once more in that spot where twenty years before he
+stood confronting the same foe in the same righteous and holy
+cause--standing once more at that bar whence, twenty years before, he
+was led off manacled to a felon's doom for the crime of loving Ireland!
+Many changes had taken place in the interval, but over the stern
+integrity of _his_ soul time had wrought no change. He himself seemed to
+recall at this moment his last "trial" scene on this spot, and, as he
+cast his gaze around, one could detect on his calm thoughtful face
+something of sadness, yet of pride, as memory doubtless pictured the
+spectacle of twenty years ago.
+
+Mr. Sullivan, Mr. Bracken, and Mr. Lalor, arrived soon after, and
+immediately the judges appeared on the bench the proceedings began.
+
+   On their lordships, Mr. Justice Fitzgerald and Mr. Baron Deasy,
+   taking their seats upon the bench,
+
+   Mr. Smartt (deputy clerk of the crown) called upon John Martin,
+   Alexander M. Sullivan, John J. Lalor, and Thomas Bracken, to come and
+   appear as they were bound to do in discharge of their recognizances.
+
+   All the traversers answered.
+
+   Mr. Smartt then proceeded to arraign the traversers under an
+   indictment charging in the first count--"That John Martin, John C.
+   Waters, John J. Lalor, Alexander M. Sullivan, and Thomas Bracken,
+   being malicious, seditious, and ill-disposed persons, and intending
+   to disturb the peace and tranquillity of the realm, and to excite
+   discontent and disaffection, and to excite the subjects of our Lady
+   the Queen in Ireland to hatred and dislike of the government, the
+   laws, and the administration of the laws of this realm, on the 8th
+   day of December, in the year of our Lord, 1867, unlawfully did
+   assemble and meet together with divers other persons, amounting to a
+   large number--to wit, fifteen thousand persons--for the purpose of
+   exciting discontent and disaffection, and for the purpose of exciting
+   her Majesty's subjects in Ireland to hatred of her government and the
+   laws of this realm, in contempt of our Lady the Queen, in open
+   violation of the laws of this realm, and against the peace of our
+   Lady the Queen, her crown and dignity." The second count charged that
+   the defendants intended "to cause it to be believed that the three
+   men who had been duly tried, found guilty, and sentenced, according
+   to law, for murder, at Manchester, in England, had been illegally and
+   unjustly executed; and to excite hatred, dislike, and disaffection
+   against the administration of justice, and the laws of this realm,
+   for and in respect of the execution of the said three men." A third
+   count charged the publication at the unlawful assembly laid in the
+   first and second counts of the false and seditious words contained in
+   Mr. John Martin's speech. A fourth and last count was framed under
+   the Party Processions' Act, and charged that the defendants "did
+   unlawfully meet, assemble, and parade together, and were present at
+   and did join in a procession with divers others, and did bear, wear,
+   and have amongst them in said procession certain emblems and symbols,
+   the display whereof was calculated to and did tend to provoke
+   animosity between different classes of her Majesty's subjects,
+   against the form of the statute in such case made and provided, and
+   against the peace of our Lady the Queen, her crown and dignity."
+
+   The traversers severally pleaded not guilty.
+
+   The Attorney-General, the Solicitor-General, Dr. Ball, Q.C.; Mr.
+   Charles Shaw, Q.C.; Mr. James Murphy, Q.C.; Mr. R.H. Owen, Q.C.; and
+   Mr. Edward Beytagh, instructed by Mr. Anderson, Crown Solicitor,
+   appeared to prosecute.
+
+   Mr. Martin, Mr. Sullivan, and Mr. Bracken were not professionally
+   assisted.
+
+   Mr. Michael T. Crean, instructed by Mr. John T. Scallan, appeared for
+   Mr. Lalor.
+
+And now came the critical stage of the case. _Would the crown pack the
+jury?_ The clerk of the crown began to call the panel, when--
+
+   John Keegan was called and ordered to stand by on the part of the
+   crown.
+
+   Mr. Sullivan--My lord, have I any right to challenge?
+
+   Mr. Justice Fitzgerald--You have Mr. Sullivan, for cause.
+
+   Mr. Sullivan--And can the crown order a juror to stand by without a
+   cause assigned?
+
+   Mr. Justice Fitzgerald--The crown has a right to exercise that
+   privilege.
+
+   Mr. Sullivan--Well, I will exercise no challenge, for cause or
+   without cause. Let the crown select a jury now as it pleases.
+
+   Subsequently George M'Cartney was called, and directed to stand by.
+
+   Patrick Ryan was also ordered to stand by.
+
+   Mr. Martin--I protest against this manner of selecting a jury. I do
+   so publicly.
+
+   J.J. Lalor--I also protest against it.
+
+   Thomas Bracken--And I also.
+
+The sensation produced by this scene embarrassed the crown officials not
+a little. It dragged to light the true character of their proceeding.
+Eventually the following twelve gentlemen were suffered by the crown to
+pass into the box as a "jury"--[Footnote: Not one Catholic was allowed
+to pass into the box. Every Catholic who came to the box was ordered to
+"_Stand by_."]
+
+   SAMUEL EAKINS, Foreman.
+   WILLIAM DOWNES GRIFFITH.
+   EDWARD GATCHELL.
+   THOMAS MAXWELL HUTTON.
+   MAURICE KERR.
+   WILLIAM LONGFIELD.
+   JOSEPH PURSER.
+   THOMAS PAUL.
+   JAMES REILLY.
+   JOHN GEORGE SHIELS.
+   WILLIAM O'BRIEN SMYTH.
+   GEORGE WALSH.
+
+The Solicitor-General, Mr. Harrison, stated the case for the
+prosecution. Next the police repeated their evidence--their description
+of the procession--as given before the magistrates, and the government
+short-hand writer proved Mr. Martin's speech. The only witnesses now
+produced who had not testified at the preliminary stage were a
+Manchester policeman named Seth Bromley, who had been one of the van
+escort on the day of the rescue, and the degraded and infamous crown
+spy, Corridon. The former--eager as a beagle on the scent to run down
+the prey before him--left the table amidst murmurs of derision and
+indignation evoked by his over-eagerness on his direct examination, and
+his "fencing" and evasion on cross-examination. The spy Corridon was
+produced "to prove the existence of the Fenian conspiracy." Little
+notice was taken of him. Mr. Crean asked him barely a trivial question
+or two. Mr. Martin and Mr. Sullivan, when asked if they desired to
+cross-examine him, replied silently by gestures of loathing; and the
+wretch left the table--crawled from it--like a crippled murderer from
+the scene of his crime.
+
+This closed the case for the crown, and Mr. Crean, counsel for Mr.
+Lalor, rose to address the jury on behalf of his client. His speech was
+argumentative, terse, forcible, and eloquent; and seemed to please and
+astonish not only the auditors but the judges themselves, who evidently
+had not looked for so much ability and vigour in the young advocate
+before them. Although the speeches of professional advocates do not come
+within the scope of this publication, Mr. Crean's vindication of the
+national colour of Ireland--probably the most telling passage in his
+address--has an importance which warrants its quotation here:--
+
+   Gentlemen, it is attempted in this case to make the traversers
+   amenable under the Party Processions' Act, because those in the
+   procession wore green ribbons. Gentlemen, this is the first time, in
+   the history of Irish State Prosecutions which mark the periods of
+   gloom and peril in this country, that the wearing of a green ribbon
+   has been formally indicted; and I may say it is no good sign of the
+   times that an offence which has been hitherto unknown to the law
+   should now crop up for the first time in this year of grace, one
+   thousand eight hundred and sixty-eight. Not even in the worst days of
+   Lord Castlereagh's ill-omened regime was such an attempt as this made
+   to degrade the green of Ireland into a party colour, and to make that
+   which has long been regarded as a national emblem the symbol of a
+   faction. Gentlemen, there is no right-minded or right-hearted
+   man--looking back upon the ruinous dissensions and bitter conflicts
+   which have been the curse and bane of this country--who will not
+   reprobate any effort to revive and perpetuate them. There is no
+   well-disposed man in the community who will not condemn and crush
+   those persons--no matter on what side they may stand--who make
+   religion, which should be the fountain and mother of all peace and
+   blessings, the cause of rancour and animosity. We have had,
+   unhappily, gentlemen, too much of this in Ireland. We have been too
+   long the victims of that wayward fate of which the poet wrote, when
+   he said:--
+
+"Whilst our tyrants join in hate,
+We never joined in love."
+
+   But, gentlemen, I will ask of you if you ever before heard, until
+   this time, that the green of Ireland was the peculiar colour of any
+   particular sect, creed, or faction, or that any of the people of this
+   country wore it as the peculiar emblem of their party, and for the
+   purpose of giving annoyance and of offering insult to some other
+   portion of their fellow-countrymen. I must say that I never heard
+   before that Catholic or Protestant, or Quaker or Moravian, laid claim
+   to this colour as a symbol of party. I thought all Irishmen, no
+   matter what altar they bowed before, regarded the green as the
+   national colour of Ireland. If it is illegal to wear the green, all I
+   can say is that the Constabulary are guilty of a constant and
+   continuing breach of the law. The Lord and Lady Lieutenant will
+   probably appear on next Patrick's Day, decorated with large bunches
+   of green shamrock. Many of the highest officials of the government
+   will do the same; and is it to be thought for one moment that they,
+   by wearing this green emblem of Ireland and of Irish nationality, are
+   violating the law of the land. Gentlemen, it is perfectly absurd to
+   think so. I hope this country has not yet so fallen as that it has
+   become a crime to wear the green. I trust we have not yet come to
+   that pass of national degradation, that a jury of Irishmen can be
+   found so forgetful of their country's dignity and of their own as to
+   brand with a mark of infamy a colour which is associated with so many
+   recollections, not of party triumphs, but of national glories--not
+   with any sect, or creed, or party, but with a nation and a race whose
+   children, whether they were the exiled soldiers of a foreign state,
+   or the soldiers of Great Britain--whether at Fontenoy or on the
+   plains of Waterloo, or on the heights of Fredericksburgh, have nobly
+   vindicated the chivalry and fame of Ireland! It is for them that the
+   green has its true meaning. It is to the Irishman in a distant land
+   this emblem is so dear, for it is entwined in his memory, not with
+   any miserable faction, but with the home and the country which gave
+   him birth. I do hope that Irishmen will never be ashamed in this
+   country to wear the green, and I hope an attempt will never again be
+   made in an Irish court of justice to punish Irishmen for wearing that
+   which is a national colour, and of which every man who values his
+   country should feel proud.
+
+When Mr. Crean resumed his seat--which he did amidst strong
+manifestations of applause--it was past three o'clock in the afternoon.
+It was not expected that the case would have proceeded so far by that
+hour, and Mr. Martin and Mr. Sullivan, who intended each to speak in his
+own behalf, did not expect to rise for that purpose before next day,
+when it was arranged that Mr. Martin would speak first, and Mr. Sullivan
+follow him. Now, however, it was necessary some one of them should rise
+to his defence, and Mr. Martin urged that Mr. Sullivan should begin.
+
+By this time the attendance in court, which, during the
+Solicitor-General's speech and the crown evidence, thinned down
+considerably, had once more grown too great for the fair capacity of the
+building. There was a crush within, and a crowd without. When Mr.
+Sullivan was seen to rise, after a moment's hurried consultation with
+Mr. Martin, who sat beside him, there was a buzz, followed by an anxious
+silence. For a moment the accused paused, almost overcome (as well he
+might have been) by a sense of the responsibility of this novel and
+dangerous course. But he quickly addressed himself to the critical task
+he had undertaken, and spoke as follows:--[Footnote: As Mr. Sullivan
+delivered this speech without even the ordinary assistance of written
+notes or memoranda, the report here quoted is that which was published
+in the newspapers of the time. Some few inaccuracies which he was
+precluded from correcting then (being a prisoner when this speech was
+first published), have been corrected for this publication.]
+
+   My lords and gentlemen of the jury--I rise to address you under
+   circumstances of embarassment which will, I hope, secure for me a
+   little consideration and indulgence at your hands. I have to ask you
+   at the outset to banish any prejudice that might arise in your minds
+   against a man who adopts the singular course--who undertakes the
+   serious responsibility--of pleading his own defence. Such a
+   proceeding might be thought to be dictated either by disparagement of
+   the ordinary legal advocacy, by some poor idea of personal vanity, or
+   by way of reflection on the tribunal before which the defence is
+   made. My conduct is dictated by neither of these considerations or
+   influences. Last of all men living should I reflect upon the ability,
+   zeal, and fidelity of the Bar of Ireland, represented as it has been
+   in my own behalf within the past two days by a man whose heart and
+   genius are, thank God, still left to the service of our country, and
+   represented, too, as it has been here this day by that gifted young
+   advocate, the echoes of whose eloquence still resound in this court,
+   and place me at disadvantage in immediately following him. And
+   assuredly I design no disrespect to this court; either to tribunal in
+   the abstract, or to the individual judges who preside; from one of
+   whom I heard two days ago delivered in my own case a charge of which
+   I shall say--though followed by a verdict which already consigns me
+   to a prison--that it was, judging it as a whole, the fairest, the
+   clearest, the most just and impartial ever given to my knowledge, in
+   a political case of this kind in Ireland between the subject and the
+   crown. No; I stand here in my own defence to-day, because long since
+   I formed the opinion that, on many grounds, in such a prosecution as
+   this, such a course would be the most fair and most consistent for a
+   man like me. That resolution I was, for the sake of others, induced
+   to depart from on Saturday last, in the first prosecution against me.
+   When it came to be seen that I was the first to be tried out of two
+   journalists prosecuted, it was strongly urged on me that my course,
+   and the result of my trial, might largely affect the case of the
+   other journalist to be tried after, me; and that I ought to waive my
+   individual views and feelings, and have the utmost legal ability
+   brought to bear in behalf of the case of the national press at the
+   first point of conflict. I did so. I was defended by a bar not to be
+   surpassed in the kingdom for ability and earnest zeal; yet the result
+   was what I anticipated. For I knew, as I had held all along, that in
+   a case like this, where law and fact are left to the jury, legal
+   ability is of no avail if the crown comes in with its arbitrary power
+   of moulding the jury. In that case, as in this one, I openly,
+   publicly, and distinctly announced that I for my part would challenge
+   no one, whether with cause or without cause. Yet the crown--in the
+   face of this fact--and in a case where they knew that at least the
+   accused had no like power of peremptory challenge--did not venture to
+   meet me on equal footing; did not venture to abstain from their
+   practice of absolute challenge; in fine, did not dare to trust their
+   case to twelve men "indifferently chosen," as the constitution
+   supposes a jury to be. Now, gentlemen, before I enter further upon
+   this jury question, let me say that with me this is no complaint
+   merely against "the Tories." On this as well as on numerous other
+   subjects, it is well known that it has been my unfortunate lot to
+   arraign both Whigs and Tories. I say further, that I care not a jot
+   whether the twelve men selected or permitted by the crown to try me,
+   or rather to convict me, by twelve of my own co-religionists and
+   political compatriots, or twelve Protestants, Conservatives, Tories,
+   or "Orangemen." Understand me clearly on this. My objection is not to
+   the individuals comprising the jury. You may be all Catholics, or you
+   may be all Protestants, for aught that affects my protest, which is
+   against the mode by which you are selected--selected by the
+   crown--their choice for their own ends--and not "indifferently
+   chosen" between the crown and the accused. You may disappoint, or you
+   may justify the calculations of the crown official, who has picked
+   you out from the panel, by negative or positive choice (I being
+   silent and powerless)--you may or may not be all he supposes--the
+   outrage on the spirit of the constitution is the same. I say, by such
+   a system of picking a jury by the crown, I am not put upon my
+   country. Gentlemen, from the first moment these proceedings were
+   commenced against me, I think it will be admitted that I endeavoured
+   to meet them fairly and squarely, promptly and directly. I have never
+   once turned to the right or to the left, but gone straight to the
+   issue. I have from the outset declared my perfect readiness to meet
+   the charges of the crown. I did not care when or where they tried me.
+   I said I would avail of no technicality--that I would object to no
+   juror--Catholic, Protestant, or Dissenter. All I asked--all I
+   demanded--was to be "put upon my country," in the real, fair, and
+   full sense and spirit of the constitution. All I asked was that the
+   crown would keep its hand off the panel, as I would keep off mine. I
+   had lived fifteen years in this city; and I should have lived in
+   vain, if, amongst the men that knew me in that time, whatever might
+   be their political or religious creed, I feared to have my acts, my
+   conduct, or principles tried. It is the first and most original
+   condition of society that a man shall subordinate his public acts to
+   the welfare of the community, or at least acknowledge the right of
+   those amongst whom his lot is cast, to judge him on such an issue as
+   this. Freely I acknowledge that right. Readily have I responded to
+   the call to submit to the judgment of my country, the question
+   whether, in demonstrating my sorrow and sympathy for misfortune, my
+   admiration for fortitude, my vehement indignation against what I
+   considered to be injustice, I had gone too far and invaded the rights
+   of the community. Gentlemen, I desire in all that I have to say to
+   keep or be kept within what is regular and seemly, and above all to
+   utter nothing wanting in respect for the court; but I do say, and I
+   do protest, that I have not got trial by jury according to the spirit
+   and meaning of the constitution. It is as representatives of the
+   general community, not as representatives of the crown officials, the
+   constitution supposes you to sit in that box. If you do not fairly
+   represent the community, and if you are not empanelled indifferently
+   in that sense, you are no jury in the spirit of the constitution. I
+   care not how the crown practice may be within the technical letter of
+   the law, it violates the intent and meaning of the constitution, and
+   it is not "trial by jury." Let us suppose the scene removed, say, to
+   France. A hundred names are returned on what is called a panel by a
+   state functionary for the trial of a journalist charged with
+   sedition. The accused is powerless to remove any name from the list
+   unless for over-age or non-residence. But the imperial prosecutor has
+   the arbitrary power of ordering as many as he pleases to "stand
+   aside." By this means he puts or allows on the jury only whomsoever
+   he pleases. He can, beforehand, select the twelve, and, by wiping
+   out, if it suits him, the eighty-eight other names, put the twelve of
+   his own choosing into the box. Can this be called trial by jury?
+   Would not it be the same thing, in a more straightforward way, to let
+   the crown-solicitor send out a policeman and collect twelve
+   well-accredited persons of his own mind and opinion? For my own part,
+   I would prefer this plain-dealing, and consider far preferable the
+   more rude but honest hostility of a drum-head court martial (applause
+   in the court). Again I say, understand me well, I am objecting to the
+   principle, the system, the practice, and not to the twelve gentlemen
+   now before me as individuals. Personally, I am confident that being
+   citizens of Dublin, whatever your views or opinions, you are
+   honourable and conscientious men. You may have strong prejudices
+   against me or my principles in public life--very likely you have; but
+   I doubt not that though these may unconsciously tinge your judgment
+   and influence your verdict, you will not consciously violate the
+   obligations of your oath. And I care not whether the crown, in
+   permitting you to be the twelve, ordered three, or thirteen, or
+   thirty others to "stand by"--or whether those thus arbitrarily put
+   aside were Catholics or Protestants, Liberals, Conservatives, or
+   Nationalists--the moment the crown put its finger at all on the
+   panel, in a case where the accused had no equal right, the essential
+   character of the jury was changed, and the spirit of the constitution
+   was outraged. And now, what is the charge against my
+   fellow-traversers and myself? The solicitor-general put it very
+   pithily awhile ago when he said our crime was "glorifying the cause
+   of murder." The story of the crown is a very terrible, a very
+   startling one. It alleges a state of things which could hardly be
+   supposed to exist amongst the Thugs of India. It depicts a population
+   so hideously depraved that thirty thousand of them in one place, and
+   tens of thousands in various other places, arrayed themselves
+   publicly in procession to honour and glorify murder--to sympathise
+   with murderers as murderers. Yes, gentlemen, that is the crown case,
+   or they have no case at all--that the funeral procession in Dublin on
+   the 8th December last was a demonstration of sympathy with murder as
+   murder. For you will have noted that never once in his smart
+   narration of the crown story, did Mr. Harrison allow even the
+   faintest glimmer to appear of any other possible complexion or
+   construction of our conduct. Why, I could have imagined it easy for
+   him not merely to state his own case, but to state ours too, and show
+   where we failed, and where his own side prevailed. I could easily
+   imagine Mr. Harrison stating our view of the matter--and combatting
+   it. But he never once dared to even mention our case. His whole aim
+   was to hide it from you, and to fasten, as best such efforts of his
+   could fasten, in your minds this one miserable refrain--"They
+   glorified the cause of murder and assassination." But this is no new
+   trick. It is the old story of the maligners of our people. They call
+   the Irish a turbulent, riotous, crime-loving, law-hating race. They
+   are for ever pointing to the unhappy fact--for, gentlemen, it is a
+   fact--that between the Irish people and the laws under which they now
+   live there is little or no sympathy, but bitter estrangement and
+   hostility of feeling or of action. Bear with me if I examine this
+   charge, since an understanding of it is necessary in order to judge
+   our conduct on the 8th December last. I am driven upon this extent of
+   defence by the singular conduct of the solicitor-general, who, with a
+   temerity which he will repent, actually opened the page of Irish
+   history, going back upon it just so far as it served his own purpose,
+   and no farther. Ah! fatal hour for my prosecutors when they appealed
+   to history. For assuredly, that is the tribunal that will vindicate
+   the Irish people, and confound those who malign them as sympathisers
+   with assassination and glorifiers of murder--
+
+   Solicitor-General--My lord, I must really call upon you--I deny that
+   I ever--
+
+   Mr. Justice Fitzgerald--Proceed, Mr. Sullivan.
+
+   Mr. Sullivan--My lord, I took down the solicitor-general's words. I
+   quote them accurately as he spoke them, and he cannot get rid of them
+   now. "Glorifiers of the cause of murder" was his designation of my
+   fellow-traversers and myself, and our fifty thousand fellow-mourners
+   in the funeral procession; and before I sit down I will make him rue
+   the utterance. Gentlemen of the jury, if British law be held in
+   "disesteem"--as the crown prosecutors phrase it--here in Ireland,
+   there is an explanation for that fact, other than that supplied by
+   the solicitor-general; namely, the wickedness of seditious persons
+   like myself, and the criminal sympathies of a people ever ready to
+   "glorify the cause of murder." Mournful, most mournful, is the lot of
+   that land where the laws are not respected--nay, revered by the
+   people. No greater curse could befall a country than to have the laws
+   estranged from popular esteem, or in antagonism with the national
+   sentiment. Everything goes wrong under such a state of things. The
+   ivy will cling to the oak, and the tendrils of the vine reach forth
+   towards strong support. But more anxiously and naturally still does
+   the human heart instinctively seek an object of reverence and love,
+   as well as of protection and support, in law, authority, sovereignty.
+   At least, among a virtuous people like ours, there is ever a yearning
+   for those relations which are, and ought to be, as natural between a
+   people and their government as between the children and the parent. I
+   say for myself, and I firmly believe I speak the sentiments of most
+   Irishmen when I say, that so far from experiencing satisfaction, we
+   experience pain in our present relations with the law and governing
+   power; and we long for the day when happier relations may be restored
+   between the laws and the national sentiment in Ireland. We Irish are
+   no race of assassins or "glorifiers of murder." From the most remote
+   ages, in all centuries, it has been told of our people that they were
+   pre-eminently a justice-loving people. Two hundred and fifty years
+   ago the predecessor of the solicitor-general--an English
+   attorney-general--it may be necessary to tell the learned gentleman
+   that his name was Sir John Davis (for historical as well as
+   geographical knowledge[B] seems to be rather scarce amongst the
+   present law officers of the crown), (laughter)--held a very different
+   opinion of them from that put forth to-day by the solicitor-general.
+   Sir John Davis said no people in the world loved equal justice more
+   than the Irish even where the decision was against themselves. That
+   character the Irish have ever borne and bear still. But if you want
+   the explanation of this "disesteem" and hostility for British law,
+   you must trace effect to cause. It will not do to stand by the river
+   side near where it flows into the sea, and wonder why the water
+   continues to run by. Not I--not my fellow-traversers--not my
+   fellow-countrymen--are accountable for the antagonism between law and
+   popular sentiment in this country. Take up the sad story where you
+   will--yesterday, last month, last year, last century--two centuries
+   ago, three centuries, five centuries, six centuries--and what will
+   you find? English law presenting itself to the Irish people in a
+   guise forbidding sympathy or respect, and evoking fear and
+   resentment. Take it at its birth in this country. Shake your minds
+   free of legal theories and legal fictions, and deal with facts. This
+   court where I now stand is the legal and political heir, descendant,
+   and representative of the first law court of the Pale six or seven
+   centuries ago. Within that Pale were a few thousand English settlers,
+   and of them alone did the law take cognizance. The Irish nation--the
+   millions outside the Pale--were known only as "the king's Irish
+   enemie." The law classed them with the wild beasts of nature whom it
+   was lawful to slay. Later on in our history we find the Irish near
+   the Pale sometimes asking to be admitted to the benefits of English
+   law, since they were forbidden to have any of their own; but their
+   petitions were refused. Gentlemen, this was English law as it stood
+   towards the Irish people for centuries; and wonder, if you will, that
+   the Irish people held it in "disesteem:--[Footnote B: On Mr.
+   Sullivan's first trial the solicitor-general, until stopped and
+   corrected by the court, was suggesting to the jury that there was no
+   such place as Knockrochery, and that a Fenian proclamation which had
+   been published in the _Weekly News_ as having been posted at that
+   place, was, in fact, composed in Mr. Sullivan's Office. Mr. Justice
+   Deasy, however, pointedly corrected and reproved this blunder on the
+   part of Mr. Harrison.]
+
+        "The Irish were denied the right of bringing actions in any of
+        the English courts in Ireland for trespasses to their lands, or
+        for assaults or batteries to their persons. Accordingly, it was
+        answer enough to the action in such a case to say that the
+        plaintiff was an Irishman, unless he could produce a special
+        charter giving him the rights of an Englishman. If he sought
+        damage against an Englishman for turning him out of his land,
+        for the seduction of his daughter Nora, or for the beating of
+        his wife Devorgil, or for the driving off of his cattle, it was
+        a good defence to say he was a mere Irishman. And if an
+        Englishman was indicted for manslaughter, if the man slain was
+        an Irishman, he pleaded that the deceased was of the Irish
+        nation, and that it was no felony to kill an Irishman. For this,
+        however, there was a fine of five marks payable to the king; but
+        mostly they killed us for nothing. If it happened that the man
+        killed was a servant of an Englishman, he added to the plea of
+        the deceased being an Irishman, that if the master should ever
+        demand damages, he would be ready to satisfy him."
+
+   That was the egg of English law in Ireland. That was the seed--that
+   was the plant--do you wonder if the tree is not now esteemed and
+   loved? If you poison a stream at its source, will you marvel if down
+   through all its courses the deadly element is present? Now trace from
+   this, its birth, English law in Ireland--trace down to this hour--and
+   examine when or where it ever set itself to a reconciliation with the
+   Irish people. Observe the plain relevancy of this to my case. I, and
+   men like me, are held accountable for bringing law into hatred and
+   contempt in Ireland: and in presenting this charge against me the
+   solicitor-general appealed to history. I retort the charge on my
+   accusers; and I will trace down to our own day the relations of
+   hostility which English law itself established between itself and the
+   people of Ireland. Gentlemen, for four hundred years--down to
+   1607--the Irish people had no existence in the eye of the law; or
+   rather much worse, were viewed by it as "the King's Irish enemie."
+   But even within the Pale, how did it recommend itself to popular
+   reverence and affection? Ah, gentlemen, I will show that in those
+   days, just as there have been in our own, there were executions and
+   scaffold-scenes which evoked popular horror and resentment--though
+   they were all "according to law," and not be questioned unless by
+   "seditionists." The scaffold streamed with the blood of those whom
+   the people loved and revered--how could they love and revere the
+   scaffold? Yet, 'twas all "according to law." The sanctuary was
+   profaned and rifled; the priest was slain or banished--'twas all
+   "according to law," no doubt, and to hold law in "disesteem" is
+   "sedition." Men were convicted and executed "according to law;" yet
+   the people demonstrated sympathy for them, and resentment against
+   their executioners--most perversely, as a solicitor-general,
+   doubtless, would say. And, indeed, the State Papers contain accounts
+   of those demonstrations written by crown officials which sound very
+   like the solicitor-general's speech to-day. Take, for instance, the
+   execution--"according to law"--of the "Popish bishop" O'Hurley. Here
+   is the letter of a state functionary on the subject:--
+
+        "I could not before now so impart to her Majesty as to know her
+        mind touching the same for your lordship's direction. Wherefore,
+        she having at length resolved, I have accordingly, by her
+        commandment, to signify her Majesty's pleasure unto you touching
+        Hurley, which is this:--That the man being so notorious and ill
+        a subject, as appeareth by all the circumstances of his cause he
+        is, you proceed, if it may be, to his execution by ordinary
+        trial of him for it. How be it, in case you shall find the
+        effect of his course DOUBTFUL by reason of the affection of such
+        as shall be on his jury, and by reason of the supposal conceived
+        by the lawyers of that country, that he can hardly be found
+        guilty for his treason committed in foreign parts against her
+        Majesty. Then her pleasure is you take A SHORTER WAY WITH HIM,
+        by martial law. So, as you may see, it is referred to your
+        discretion, whether of those two ways your lordship will take
+        with him, and the man being so resolute to reveal no more
+        matter, it is thought best to have no FURTHER TORTURES used
+        against him, but that you proceed FORTHWITH TO HIS EXECUTION in
+        manner aforesaid. As for her Majesty's good acceptation of your
+        careful travail in this matter of Hurley, you need nothing to
+        doubt, and for your better assurance thereof she has commanded
+        me to let your lordship understand that, as well as in all
+        others the like, as in the case of Hurley, she cannot but
+        greatly allow and commend YOUR DOINGS."
+
+   Well, they put his feet into tin boots filled with oil, and then
+   placed him standing in the fire. Eventually they cut off his head,
+   tore out his bowels, and cut the limbs from his body. Gentlemen,
+   'twas all "according to law;" and to demonstrate sympathy for him and
+   "disesteem" of that law was "sedition." But do you wonder greatly
+   that law of that complexion failed to secure popular sympathy and
+   respect? One more illustration, gentlemen, taken from a period
+   somewhat later on. It is the execution--"according to law,"
+   gentlemen; entirely "according to law"--of another Popish bishop
+   named O'Devany. The account is that of a crown official of the
+   time--some most worthy predecessor of the solicitor-general. I read
+   it from the recently published work of the Rev. C.P. Meehaun. "On the
+   28th of January, the bishop and priest, being arraigned at the King's
+   Bench, were each condemned of treason, and adjudged to be executed
+   the Saturday following; which day being come, a priest, or two of the
+   Pope's brood, with holy water and other holy stuffs"--(no sneer was
+   that at all, gentlemen; no sneer at Catholic practices, for a crown
+   official never sneers at Catholic practices)--"were sent to sanctify
+   the gallows whereon they were to die. About two o'clock, p.m., the
+   traitors were delivered to the sheriffs of Dublin, who placed them in
+   a small car, which was followed by a great multitude. As the car
+   progressed the spectators knelt down; but the bishop sitting still,
+   like a block, would not vouchsafe them a word, or turn his head
+   aside. The multitude, however, following the car, made such a dole
+   and lamentation after him, as the heavens themselves resounded the
+   echoes of their outcries." (Actually a seditious funeral
+   procession--made up of the ancestors of those thirty-thousand men,
+   women, and children, who, according to the solicitor-general,
+   glorified the cause of murder on the 8th of last December.) "Being
+   come to the gallows, whither they were followed by troops of the
+   citizens, men and women of all classes, most of the best being
+   present, the latter kept up such a shrieking, such a howling, and
+   such a hallooing, as if St. Patrick himself had been gone to the
+   gallows, could not have made greater signs of grief; but when they
+   saw him turned from off the gallows, they raised the _whobub_ with
+   such a maine cry, as if the rebels had come to rifle the city. Being
+   ready to mount the ladder, when he was pressed by some of the
+   bystanders to speak, he repeated frequently _Sine me quæso_. The
+   executioner had no sooner taken off the bishop's head, but the
+   townsmen of Dublin began to flock about him, some taking up the head
+   with pitying aspect, accompanied with sobs and sighs; some kissed it
+   with as religious an appetite as ever they kissed the Pax; some cut
+   away all the hair from the head, which they preserved for a relic;
+   some others were practisers to steal the head away, but the
+   executioner gave notice to the sheriffs. Now, when he began to
+   quarter the body, the women thronged about him, and happy was she
+   that could get but her handkerchief dipped in the blood of the
+   traitor; and the body being once dissevered in four quarters, they
+   neither left, finger nor toe, but they cut them off and carried them
+   away; and some others that could get no holy monuments that
+   appertained to his person, with their knives they shaved off chips
+   from the hallowed gallows; neither could they omit the halter
+   wherewith he was hanged, but it was rescued for holy uses. The same
+   night after the execution, a great crowd flocked about the gallows,
+   and there spent the fore part of the night in heathenish howling, and
+   performing many Popish ceremonies; and after midnight, being then
+   Candlemas day, in the morning having their priests present in
+   readiness, they had Mass after Mass till, daylight being come, they
+   departed to their own houses." There was "sympathy with sedition" for
+   you, gentlemen. No wonder the crown official who tells the
+   story--same worthy predecessor of Mr. Harrison--should be horrified
+   at such a demonstration. I will sadden you with no further
+   illustrations of English law, but I think it will be admitted that
+   after centuries of such law, one need not wonder if the people hold
+   it in "hatred and contempt." With the opening of the seventeenth
+   century, however, came a golden and glorious opportunity for ending
+   that melancholy--that terrible state of things. In the reign of James
+   I., English law, for the first time, extended to every corner of this
+   kingdom. The Irish came into the new order of things frankly and in
+   good faith; and if wise counsels prevailed then amongst our rulers,
+   oh, what a blessed ending there might have been to the bloody feud of
+   centuries. The Irish submitted to the Gaelic King, to whom had come
+   in the English crown. In their eyes he was of a friendly, nay of a
+   kindred race. He was of a line of Gaelic kings that had often
+   befriended Ireland. Submitting to him was not yielding to the brutal
+   Tudor. Yes, that was the hour, the blessed opportunity for laying the
+   foundation of a real union between the three kingdoms; a union of
+   equal national rights under the one crown. This was what the Irish
+   expected; and in this sense they in that hour accepted the new
+   dynasty. And it is remarkable that from that day to this, though
+   England has seen bloody revolutions and violent changes of rulers,
+   Ireland has ever held faithfully--too faithfully--to the sovereignty
+   thus adopted. But how were they received? How were their expectations
+   met? By persecution, proscription, and wholesale plunder, even by
+   that miserable Stuart. His son came to the throne. Disaffection broke
+   out in England and Scotland. Scottish Protestant Fenians, called
+   "Covenanters," took the field against him, because of the attempt to
+   establish Episcopalian Protestantism as a state church. By armed
+   rebellion against their lawful king, I regret to say it, they won
+   rights which now most largely tend to make Scotland contented and
+   loyal. I say it is to be regretted that those rights were thus won;
+   for I say that even at best it is a good largely mixed with evil
+   where rights are won by resorts of violence or revolution. His
+   concessions to the Calvanist Fenians in Scotland did not save
+   Charles. The English Fenians, under their Head Centre Cromwell, drove
+   him from the throne and murdered him on a scaffold in London. How did
+   the Irish meanwhile act? They stood true to their allegiance. They
+   took the field for the King. What was the result? They were given
+   over to slaughter and plunder by the brutal soldiery of the English
+   Fenians. Their nobles and gentry were beggared and proscribed; their
+   children were sold as white slaves to West Indian planters; and their
+   gallant struggles for the king, their sympathy for the royalist
+   cause, was actually denounced by the English Fenians as "sedition,"
+   "rebellion," "lawlessness," "sympathy with crime." Ah, gentlemen, the
+   evils thus planted in our midst will survive, and work their
+   influence; yet some men wonder that English law is held in
+   "disesteem" in Ireland. Time went on, gentlemen; time went on.
+   Another James sat on the throne; and again English Protestant
+   Fenianism conspired for the overthrow of their sovereign. They
+   invited "foreign emissaries" to come over from Holland and Sweden, to
+   begin the revolution for them. They drove their legitimate king from
+   the throne--never more to return. How did the Irish act in that hour?
+   Alas! Ever too loyal--ever only too ready to stand by the throne and
+   laws if only treated with justice or kindliness--they took the field
+   for the king, not against him. He landed on our shores; and had the
+   English Fenians rested content with rebelling themselves, and allowed
+   us to remain loyal as we desired to be, we might now be a
+   neighbouring but friendly and independent kingdom under the ancient
+   Stuart line. King James came here and opened his Irish parliament in
+   person. Oh, who will say in that brief hour at least the Irish nation
+   was not reconciled to the throne and laws? King, parliament, and
+   people, were blended in one element of enthusiasm, joy, and hope, the
+   first time for ages Ireland had known such a joy. Yes--
+
+        We, too, had our day--it was brief, it is ended--
+             When a King dwelt among us--no strange King--but OURS.
+        When the shout of a people delivered ascended,
+             And shook the green banner that hung on yon towers,
+        We saw it like leaves in the summer-time shiver;
+             We read the gold legend that blazoned it o'er--
+        "To-day--now or never; to-day and for ever"--
+             Oh, God! have we seen it to see it no more!
+
+   (Applause in court). Once more the Irish people bled and sacrificed
+   for their loyalty to the throne and laws. Once more confiscation
+   devastated the land, and the blood of the loyal and true was poured
+   like rain. The English Fenians and the foreign emissaries triumphed,
+   aided by the brave Protestant rebels of Ulster. King William came to
+   the throne--a prince whose character is greatly misunderstood in
+   Ireland: a brave, courageous soldier, and a tolerant man, could he
+   have had his way. The Irish who had fought and lost, submitted on
+   terms, and had law even now been just or tolerant, it was open to the
+   revolutionary _regime_ to have made the Irish good subjects. But what
+   took place? The penal code came, in all its horror to fill the Irish
+   heart with hatred and resistance. I will read for you what a
+   Protestant historian--a man of learning and ability--who is now
+   listening to me in this court--has written of that code. I quote
+   "Godkin's History," published by Cassell of London:--
+
+        "The eighteenth century," says Mr. Godkin, "was the era of
+        persecution, in which the law did the work of the sword more
+        effectually and more safely. Then was established a code framed
+        with almost diabolical ingenuity to extinguish natural
+        affection--to foster perfidy and hypocrisy--to petrify
+        conscience--to perpetuate brutal ignorance--to facilitate the
+        work of tyranny--by rendering the vices of slavery inherent and
+        natural in the Irish character, and to make Protestantism almost
+        irredeemably odious as the monstrous incarnation of all moral
+        perversions."
+
+   Gentlemen, in that fell spirit English law addressed itself to a
+   dreadful purpose here in Ireland; and, mark you, that code prevailed
+   down to our own time; down to this very generation. "Law" called on
+   the son to sell his father; called on the flock to betray the pastor.
+   "Law" forbade us to educate--forbid us to worship God in the faith of
+   our fathers. "Law" made us outcasts--scourged us, trampled us,
+   plundered us--do you marvel that, amongst the Irish people, law has
+   been held in "disesteem?" Do you think this feeling arises from
+   "sympathy with assassination or murder?" Yet, if we had been let
+   alone, I doubt not that time would have fused the conquerors and the
+   conquered, here in Ireland, as elsewhere. Even while the millions of
+   the people were kept outside the constitution, the spirit of
+   nationality began to appear; and under its blessed influence
+   toleration touched the heart of the Irish-born Protestant. Yes--thank
+   God--thank God, for the sake of our poor country, where sectarian
+   bitterness has wrought such wrong--it was an Irish Protestant
+   Parliament that struck off the first link of the penal chain. And lo!
+   once more, for a bright brief day, Irish national sentiment was in
+   warm sympathy and heartfelt accord with the laws. "Eighty-two" came.
+   Irish Protestant patriotism, backed by the hearty sympathy of the
+   Catholic millions, raised up Ireland to a proud and glorious
+   position; lifted our country from the ground, where she lay prostrate
+   under the sword of England--but what do I say? This is "sedition." It
+   has this week been decreed sedition to picture Ireland thus.[C] Well,
+   then, they rescued her from what I will call the loving embrace of
+   her dear sister Britannia, and enthroned her in her rightful place, a
+   queen among the nations. Had the brightness of that era been
+   prolonged--picture it, think of it--what a country would ours be now?
+   Think of it! And contrast what we are with what we might be! Compare
+   a population filled with burning memories--disaffected, sullen,
+   hostile, vengeful--with a people loyal, devoted, happy, contented;
+   and England, too, all the happier, the more secure, the more great
+   and free. But sad is the story. Our independent national legislature
+   was torn from us by means, the iniquity of which, even among English
+   writers, is now proclaimed and execrated. By fraud and by force that
+   outrage on law, on right, and justice, was consummated. In speaking
+   thus I speak "sedition." No one can write the facts of Irish history,
+   without committing sedition. Yet every writer and speaker now will
+   tell you that the overthrow of our national constitution, sixty-seven
+   years ago, was an iniquitous and revolting scheme. But do you, then,
+   marvel that the laws imposed on us by the power that perpetrated that
+   deed are not revered, loved, and respected? Do you believe that that
+   want of respect arises from the "seditions" of men like my
+   fellow-traversers and myself? Is it wonderful to see estrangement
+   between a people and laws imposed on them by the over-ruling
+   influence of another nation? Look at the lessons--unhappy
+   lessons--taught our people by that London legislature where their own
+   will is overborne. Concessions refused and resisted as long as they
+   durst be withheld; and when granted at all, granted only after
+   passion has been aroused and the whole nation been embittered. The
+   Irish people sought Emancipation. Their great leader was dogged at
+   every step by hostile government proclamations and crown
+   prosecutions. Coercion act over coercion act was rained upon us; yet
+   O'Connell triumphed. But how and in what spirit was Emancipation
+   granted? Ah there never was a speech more pregnant with mischief,
+   with sedition, with revolutionary teaching--never words tended more
+   to bring law and government into contempt--than the words of the
+   English premier when he declared Emancipation must, sorely against
+   his will, be granted if England would not face a civil war. That was
+   a bad lesson to teach Irishmen. Worse still was taught them.
+   O'Connell, the great constitutional leader, a man with whom loyalty
+   and respect for the laws was a fundamental principle of action, led
+   the people towards further liberation--the liberation, not of a
+   creed, but a nation. What did he seek? To bring once more the laws
+   and the national will into accord; to reconcile the people and the
+   laws by restoring the constitution of queen, lords, and commons. How
+   was he met by the government? By the nourish of the sword; by the
+   drawn sabre and the shotted gun, in the market place and the highway.
+   "Law" finally grasped him as a conspirator, and a picked jury gave
+   the crown then, as now, such verdict as was required. The venerable
+   apostle of constitutional doctrines was consigned to prison, while a
+   sorrowing--aye, a maddened nation, wept for him outside. Do you
+   marvel that they held in "disesteem" the law and government that
+   acted thus? Do you marvel that to-day, in Ireland, as in every
+   century of all those through which I have traced this state of
+   things, the people and the law scowl upon each other? Gentlemen, do
+   not misunderstand the purport of my argument. It is not for the
+   purpose--it would be censurable--of merely opening the wounds of the
+   past that I have gone back upon history somewhat farther than the
+   solicitor-general found it advantageous to go. I have done it to
+   demonstrate that there is a truer reason than that alleged by the
+   crown in this case for the state of war--for unhappily that is what
+   it is--which prevails between the people of Ireland and the laws
+   under which they now live. And now apply all this to the present
+   case, and judge you my guilt--judge you the guilt of those whose
+   crime, indeed, is that they do not love and respect law and
+   government as they are now administered in Ireland. Gentlemen, the
+   present prosecution arises directly out of what is known as the
+   Manchester tragedy. The solicitor-general gave you his version, his
+   fanciful sketch of that sad affair; but it will be my duty to give
+   you the true facts, which differ considerably from the crown story.
+   The solicitor-general began with telling us about "the broad summer's
+   sun of the 18th September" (laughter). Gentlemen, it seems very clear
+   that the summer goes far into the year for those who enjoy the sweets
+   of office; nay, I am sure it is summer "all the year round" with the
+   solicitor-general while the present ministry remain in. A goodly
+   golden harvest he and his colleagues are making in this summer of
+   prosecutions; and they seem very well inclined to get up enough of
+   them (laughter). Well, gentlemen, I'm not complaining of that, but I
+   will tell you who complain loudly--the "outs," with whom it is
+   midwinter, while the solicitor-general and his friends are enjoying
+   this summer (renewed laughter). Well, gentlemen, some time last
+   September two prominent leaders of the Fenian movement--alleged to be
+   so at least--named Kelly and Deasy, were arrested in Manchester. In
+   Manchester there is a considerable Irish population, and amongst them
+   it was known those men had sympathisers. They were brought up at the
+   police court--and now, gentlemen, pray attentively mark this. The
+   Irish executive that morning telegraphed to the Manchester
+   authorities a strong warning of an attempted rescue. The Manchester
+   police had full notice--how did they treat the timely warning sent
+   from Dublin; a warning which, if heeded, would have averted all this
+   sad and terrible business which followed upon that day? Gentlemen,
+   the Manchester police authorities scoffed at the warning. They
+   derided it as a "Hirish" alarm. What! The idea of low "Hirish" hodmen
+   or labourers rescuing prisoners from them, the valiant and the brave!
+   Why, gentlemen, the Seth Bromleys of the "force" in Manchester waxed
+   hilarious and derisive over the idea. They would not ask even a
+   truncheon to put to flight even a thousand of those despised
+   "Hirish;" and so, despite specific warning from Dublin, the van
+   containing the two Fenian leaders, guarded by eleven police officers,
+   set out from the police office to the jail. Now, gentlemen, I charge
+   on the stolid vain gloriousness in the first instance, and the
+   contemptible pusilanimity in the second instance, of the Manchester
+   police--the valiant Seth Bromleys--all that followed. On the skirts
+   of the city the van was attacked by some eighteen Irish youths,
+   having three revolvers--three revolvers, gentlemen, and no
+   more--amongst them. The valour of the Manchester eleven vanished at
+   the sight of those three revolvers--some of them, it seems, loaded
+   with blank cartridge! The Seth Bromleys took to their heels. They
+   abandoned the van. Now, gentlemen, do not understand me to call those
+   policemen cowards. It is hard to blame an unarmed man who runs away
+   from a pointed revolver, which, whether loaded or unloaded, is a
+   powerful persuasion to--depart. But I do say that I believe in my
+   soul that if that had occurred here in Dublin, eleven men of our
+   metropolitan police whould have taken those three revolvers or
+   perished in the attempt (applause). Oh, if eleven Irish policemen had
+   run away like that from a few poor English lads with barely three
+   revolvers, how the press of England would yell in fierce
+   denunciation--why, they would trample to scorn the name of
+   Irishman--(applause in the court, which the officials vainly tried to
+   silence). [Footnote C: For publishing an illustration in the _Weekly
+   News_ thus picturing England's policy of coercion, Mr. Sullivan had
+   been found guilty of seditious libel on the previous trial.]
+
+   Mr. Justice Fitzgerald--If these interruptions continue, the parties
+   so offending must be removed.
+
+   Mr. Sullivan--I am sorry, my lord, for the interruption; though not
+   sorry the people should endorse my estimate of the police. Well,
+   gentlemen, the van was abandoned by its valiant guard; but there
+   remained inside one brave and faithful fellow, Brett by name. I am
+   now giving you the facts as I in my conscience and soul believe they
+   occurred--and as millions of my countrymen--aye, and thousands of
+   Englishmen, too--solemnly believe them to have occurred, though they
+   differ in one item widely from the crown version. Brett refused to
+   give up the key of the van, which he held; and the attacking party
+   commenced various endeavours to break it open. At length one of them
+   called out to fire a pistol into the lock, and thus burst it open.
+   The unfortunate Brett at that moment was looking through the keyhole,
+   endeavouring to get a view of the inexplicable scene outside, when he
+   received the bullet and fell dead. Gentlemen, that may be the true,
+   or it may be the mistaken version. You may hold to the other, or you
+   may hold to this. But whether I be mistaken therein, or otherwise, I
+   say here, as I would say if I stood now before my Eternal Judge on
+   the Last Day, I solemnly believe the mournful episode to have
+   happened thus--I solemnly believe that the man Brett was shot by
+   accident, and not by design. But even suppose your view differs
+   sincerely from mine, will you, can you, hold that I, thus
+   conscientiously persuaded, sympathise with murder, because I
+   sympathise with men hanged for that which I contend was accident, and
+   not murder? That is exactly the issue in this case. Well, the rescued
+   Fenian leaders got away; and then, when all was over--when the danger
+   was passed--valour tremendous returned to the fleet of foot
+   Manchester police. Oh, but they wreaked their vengeance that night
+   on the houses of the poor Irish in Manchester! By a savage razzia
+   they soon filled the jails with our poor countrymen seized on
+   suspicion. And then broke forth all over England that shout of anger
+   and passion which none of us will ever forget. The national pride had
+   been sorely wounded; the national power had been openly and
+   humiliatingly defied; the national fury was aroused. On all sides
+   resounded the hoarse shout for vengeance, swift and strong. Then was
+   seen a sight the most shameful of its kind that this century has
+   exhibited--a sight at thought of which Englishmen yet will hang their
+   heads for shame, and which the English historian will chronicle with
+   reddened check--those poor and humble Irish youths led into the
+   Manchester dock in chains! In chains! Yes; iron fetters festering
+   wrist and ankle! Oh, gentlemen, it was a fearful sight; for no one
+   can pretend that in the heart of powerful England there could be
+   danger those poor Irish youths would overcome the authorities and
+   capture Manchester. For what, then, were those chains put on untried
+   prisoners? Gentlemen, it was at this point exactly that Irish
+   sympathy came to the side of those prisoners. It was when we saw them
+   thus used, and saw that, innocent or guilty, they would be
+   immolated--sacrificed to glut the passion of the hour--that our
+   feelings rose high and strong in their behalf. Even in England there
+   were men--noble-hearted Englishmen, for England is never without such
+   men--who saw that if tried in the midst of this national frenzy,
+   those victims would be sacrificed; and accordingly efforts were made
+   for a postponement of the trial. But the roar of passion carried its
+   way. Not even till the ordinary assizes would the trial be postponed.
+   A special commission was sped to do the work while Manchester jurors
+   were in a white heat of panic, indignation, and fury. Then came the
+   trial, which was just what might be expected. Witnesses swore ahead
+   without compunction, and jurors believed them without hesitation.
+   Five men arraigned together as principals--Allen, Larkin, O'Brien,
+   Shore, and Maguire--were found guilty, and the judge concerning in
+   the verdict, were sentenced to death. Five men--not three men,
+   gentlemen--five men in the one verdict, not five separate verdicts.
+   Five men by the same evidence and the same jury in the same verdict.
+   Was that a just verdict? The case of the crown here to-day is that it
+   was--that it is "sedition" to impeach that verdict. A copy of that
+   conviction is handed in here as evidence to convict me of sedition
+   for charging as I do that that was a wrong verdict, a bad verdict, a
+   rotten and a false verdict. But what is the fact? That her Majesty's
+   ministers themselves admit and proclaim that it was a wrong verdict,
+   a false verdict. The very evening those men were sentenced, thirty
+   newspaper reporters sent up to the Home Secretary a petition
+   protesting that--the evidence of the witnesses and the verdict of the
+   jury notwithstanding--there was at least one innocent man thus marked
+   for execution. The government felt that the reporters were right and
+   the jurors wrong. They pardoned Maguire as an innocent man--that
+   same Maguire whose legal conviction is here put in as evidence that
+   he and four others were truly murderers, to sympathise with whom is
+   to commit sedition--nay, "to glorify the cause of murder." Well,
+   after that, our minds were easy. We considered it out of the question
+   any man would be hanged on a verdict thus ruined, blasted, and
+   abandoned; and believing those men innocent of murder, though guilty
+   of another most serious legal crime--rescue with violence, and
+   incidental, though not intentional loss of life--we rejoiced that a
+   terrible mistake was, as we thought, averted. But now arose in
+   redoubled fury the savage cry for blood. In vain good men, noble and
+   humane men, in England tried to save the national honour by breasting
+   this horrible outburst of passion. They were overborne. Petitioners
+   for mercy were mobbed and hooted in the streets. We saw all this--we
+   saw all this; and think you it did not sink into our hearts? Fancy if
+   you can our feelings when we heard that yet another man out of five
+   was respited--ah, he was an American, gentlemen--an American, not an
+   Irishman--but that the three Irishmen, Allen, Larkin, and O'Brien,
+   were to die--were to be put to death on a verdict and on evidence
+   that would not hang a dog in England! We refused to the last to
+   credit it; and thus incredulous, deemed it idle to make any effort to
+   save their lives. But it was true; it was deadly true. And then,
+   gentlemen, the doomed three appeared in a new character. Then they
+   rose into the dignity and heroism of martyrs. The manner in which
+   they bore themselves through the dreadful ordeal ennobled them for
+   ever It was then we all learned to love and revere them as patriots
+   and Christians. Oh, gentlemen, it is only at this point I feel my
+   difficulty in addressing you whose religious faith is not that which
+   is mine. For it is only Catholics who can understand the emotions
+   aroused in Catholic hearts by conduct such as theirs in that dreadful
+   hour. Catholics alone can understand how the last solemn declarations
+   of such men, after receiving the last sacraments of the Church, and
+   about to meet their Great Judge face to face, can outweigh the
+   reckless evidence of Manchester thieves and pickpockets. Yes; in that
+   hour they told us they were innocent, but were ready to die; and we
+   believed them. We believe them still. Aye, do we! They did not go to
+   meet their God with a falsehood on their lips. On that night before
+   their execution, oh, what a scene! What a picture did England present
+   at the foot of the Manchester scaffold! The brutal populace thronged
+   thither in tens of thousands. They danced; they sang; they
+   blasphemed; they chorused "Rule Britannia," and "God save the Queen,"
+   by way of taunt and defiance of the men whose death agonies they had
+   come to see! Their shouts and brutal cries disturbed the doomed
+   victims inside the prison as in their cells they prepared in prayer
+   and meditation to meet their Creator and their God. Twice the police
+   had to remove the crowd from around that wing of the prison; so that
+   our poor brothers might in peace go through their last preparations
+   for eternity, undisturbed by the yells of the multitude outside. Oh,
+   gentlemen, gentlemen--that scene! That scene in the grey cold
+   morning when those innocent men were led out to die--to die an
+   ignominious death before that wolfish mob! With blood on fire--with
+   bursting hearts--we read the dreadful story here in Ireland. We knew
+   that these men would never have been thus sacrificed had not their
+   offence been political, and had it not been that in their own way
+   they represented the old struggle of the Irish race. We felt that if
+   time had but been permitted for English passion to cool down, English
+   good feeling and right justice would have prevailed; and they never
+   would have been put to death on such a verdict. All this we felt, yet
+   we were silent till we heard the press that had hounded those men to
+   death falsely declaring that our silence was acquiescence in the deed
+   that consigned them to murderers' graves. Of this I have personal
+   knowledge, that, here in Dublin at least, nothing was done or
+   intended, until the _Evening Mail_ declared that popular feeling
+   which had had ample time to declare itself, if it felt otherwise,
+   quite recognised the justice of the execution. Then we resolved to
+   make answer. Then Ireland made answer. For what monarch, the loftiest
+   in the world, would such demonstrations be made, the voluntary
+   offerings of a people's grief! Think you it was "sympathy for murder"
+   called us forth, or caused the priests of the Catholic Church to
+   drape their churches? It is a libel to utter the base charge. No, no.
+   With the acts of those men at that rescue we had nought to say. Of
+   their innocence of murder we were convinced. Their patriotic
+   feelings, their religious devotion, we saw proved in the noble, the
+   edifying manner of their death. We believed them to have been
+   unjustly sacrificed in a moment of national passion; and we resolved
+   to rescue their memory from the foul stains of their maligners, and
+   make it a proud one for ever with Irishmen. Sympathy with murder,
+   indeed! What I am about to say will be believed; for I think I have
+   shown no fear of consequences in standing by my acts and
+   principles--I say for myself, and for the priests and people of
+   Ireland, who are affected by this case, that sooner would we burn our
+   right hands to cinders than express, directly or indirectly, sympathy
+   with murder; and that our sympathy for Allen, Larkin, and O'Brien is
+   based upon the conviction that they were innocent of any such crime.
+   Gentlemen, having regard to all the circumstances of this sad
+   business, having regard to the feelings under which we acted, think
+   you is it a true charge that we had for our intent and object the
+   bringing of the administration of justice into contempt? Does a man,
+   by protesting, ever so vehemently, against an act of a not infallible
+   tribunal, incur the charge of attempting its overthrow? What evidence
+   can be shown to you that we uttered a word against the general
+   character of the administration of justice in this country, while
+   denouncing this particular proceeding, which we say was a fearful
+   failure of justice--a horrible blunder, a terrible act of passion!
+   None--none. I say, for myself, I sincerely believe that in this
+   country of ours justice is administered by the judges of the Irish
+   Bench with a purity and impartiality between man and man not to be
+   surpassed in the universal world. Let me not be thought to cast
+   reflection on this court, or the learned judges before whom I now
+   stand, if I except in a certain sense, and on some occasions,
+   political trials between the subject and the crown. Apart from this,
+   I fearlessly say the bench of justice in Ireland fully enjoys and is
+   worthy of respect and homage. I care not from what political party
+   its members be drawn, I say that, with hardly an exception, when
+   robed with the ermine, they become dead to the world of politics, and
+   sink the politician in the loftier character of representative of
+   Sacred Justice. Yet, gentlemen, holding those views, I would,
+   nevertheless, protest against and denounce such a trial as that in
+   Manchester, if it had taken place here in Ireland. For, what we
+   contend is that the men in Manchester would never have been found
+   guilty on such evidence, would never have been executed on such a
+   verdict, if time had been given to let panic and passion pass
+   away--time to let English good sense and calm reason and, sense of
+   justice have sway. Now, gentlemen, judge ye me on this whole case;
+   for I have done. I have spoken at great length, but I plead not
+   merely my own cause but the cause of my country. For myself I care
+   little. I stand before you here with the manacles, I might say, on my
+   hands. Already a prison cell awaits me in Kilmainham. My doom, in any
+   event, is sealed. Already a conviction has been obtained against me
+   for my opinions on this same event; for it is not one arrow alone
+   that has been shot from the crown office quiver at me--at my
+   reputation, my property, my liberty. In a few hours more my voice
+   will be silenced; but before the world is shut out from me for a
+   term, I appeal to your verdict--to the verdict of my
+   fellow-citizens--of my fellow-countrymen--to judge my life, my
+   conduct, my acts, my principles and say am I a criminal. Sedition, in
+   a rightly ordered community, is indeed a crime. But who is it that
+   challenges me? Who is it that demands my loyalty? Who is it that
+   calls out to me, "Oh, ingrate son, where is the filial affection, the
+   respect, the obedience, the support, that is my due? Unnatural,
+   seditious, and rebellious child, a dungeon shall punish your crime!"
+   I look in the face of my accuser, who thus holds me to the duty of a
+   son. I turn to see if there I can recognise the features of that
+   mother, whom indeed I love, my own dear Ireland. I look into that
+   accusing face, and there I see a scowl, and not a smile. I miss the
+   soft, fond voice, the tender clasp, the loving word. I look upon the
+   hands reached out to grasp me--to punish me; and lo, great stains,
+   blood red, upon those hands; and my sad heart tells me it is the
+   blood of my widowed mother, Ireland. Then I answer to my
+   accuser--"You have no claim on me--on my love, my duty, my
+   allegiance. You are not my mother. You sit indeed in the place where
+   she should reign. You wear the regal garments torn from her limbs,
+   while she now sits in the dust, uncrowned and overthrown, and
+   bleeding, from many a wound. But my heart is with her still. Her
+   claim alone is recognised by me. She still commands my love, my duty,
+   my allegiance; and whatever the penalty may be, be it prison chains,
+   be it exile or death, to her I will be true" (applause). But,
+   gentlemen of the jury, what is that Irish nation to which my
+   allegiance turns? Do I thereby mean a party, or a class, or creed? Do
+   I mean only those who think and feel as I do on public questions? Oh,
+   no. It is the whole people of this land--the nobles, the peasants,
+   the clergy the merchants, the gentry, the traders, the
+   professions--the Catholic, the Protestant, the Dissenter. Yes. I am
+   loyal to all that a good and patriotic citizen should be loyal to; I
+   am ready, not merely to obey, but to support with heartfelt
+   allegiance, the constitution of my own country--the Queen as Queen of
+   Ireland, and the free parliament of Ireland once more reconstituted
+   in our national senate-house in College--green. And reconstituted
+   once more it will be. In that hour the laws will again be reconciled
+   with national feeling and popular reverence. In that hour there will
+   be no more disesteem, or hatred, or contempt for the laws: for,
+   howsoever a people may dislike and resent laws imposed upon them
+   against their will by a subjugating power, no nation disesteems the
+   laws of its own making. That day, that blessed day, of peace and
+   reconciliation, and joy, and liberty, I hope to see. And when it
+   comes, as come it will, in that hour it will be remembered for me
+   that I stood here to face the trying ordeal, ready to suffer for my
+   country--walking with bared feet over red hot ploughshares like the
+   victims of old. Yes; in that day it will be remembered for me, though
+   a prison awaits me now, that I was one of those journalists of the
+   people who, through constant sacrifice and self-immolation, fought
+   the battle of the people, and won every vestige of liberty remaining
+   in the land. (As Mr. Sullivan resumed his seat, the entire audience
+   burst into applause, again and again renewed, despite all efforts at
+   repression.)
+
+The effect of this speech certainly was very considerable. Mr. Sullivan
+spoke for upwards of two hours and forty minutes, or until nearly a
+quarter past six o'clock. During the delivery of his address, twilight
+had succeeded day-light; the court attendants, later still, with silent
+steps and taper in hand, stole around and lit the chandeliers, whose
+glare upon the thousand anxious faces below, seemed to lend a still more
+impressive aspect to the scene. The painful idea of the speaker's peril,
+which was all-apparent at first amongst the densely-packed audience,
+seemed to fade away by degrees, giving place to a feeling of triumph, as
+they listened to the historical narrative of British misrule in Ireland,
+by which Irish "disesteem" for British law was explained and justified,
+and later on to the story of the Manchester tragedy by which Irish
+sympathy with the martyrs was completely vindicated. Again and again in
+the course of the speech, they burst into applause, regardless of
+threatened penalties; and at the close gave vent to their feelings in a
+manner that for a time defied all repression.
+
+When silence was restored, the court was formally adjourned to next day,
+Friday, at 10 o'clock, a.m.
+
+The morning came, and with it another throng; for it was known Mr.
+Martin would now speak in his turn. In order, however, that his speech,
+which was sure to be an important one, might close the case against the
+crown, Mr. Bracken, on the court resuming, put in _his_ defence very
+effectively as follows:--
+
+   My lords--I would say a word or two, but after Mr. Sullivan's grand
+   and noble speech of last evening, I think it now needless on my part.
+   I went to the procession of the 8th December, assured that it was
+   right from reading a speech of the Earl of Derby in the newspapers.
+   There was a sitting of the Privy Council in Dublin on the day before,
+   and I sat in my shop that night till twelve o'clock, to see if the
+   procession would be forbidden by government. They, however, permitted
+   it to take place, and I attended it fully believing I was right. That
+   is all I have to say.
+
+This short speech--delivered in a clear musical and manly voice--put the
+whole case against the crown in a nut-shell. The appearance of the
+speaker too--a fine, handsome, robust, and well-built man, in the prime
+of life, with the unmistakable stamp of honest sincerity on his
+countenance and in his eye--gave his words greater effect with the
+audience; and it was very audibly murmured on all sides that he had
+given the government a home thrust in his brief but telling speech.
+
+Then Mr. Martin rose. After leaving court the previous evening he had
+decided to commit to writing what he intended to say; and he now read
+from manuscript his address to the jury. The speech, however, lost
+nothing in effect by this; for any auditor out of view would have
+believed it to have been spoken, as he usually speaks, _extempore_, so
+admirably was it delivered. Mr. Martin said:--
+
+   My lords and gentlemen of the jury--I am going to trouble this court
+   with some reply to the charge made against me in this indictment.
+   But I am sorry that I must begin by protesting that I do not consider
+   myself as being now put upon my country to be tried as the
+   constitution directs--as the spirit of the constitution
+   requires--and, therefore, I do not address you for my legal defence,
+   but for my vindication before the tribunal of conscience--a far more
+   awful tribunal, to my mind, than this. Gentlemen, I regard you as
+   twelve of my fellow-countrymen, known or believed by my prosecutors
+   to be my political opponents, and selected for that reason for the
+   purpose of obtaining a conviction against me in form of law.
+   Gentlemen, I have not the smallest purpose of casting an imputation
+   against your honesty or the honesty of my prosecutors who have
+   selected you. This is a political trial, and in this country
+   political trials are always conducted in this way. It is considered
+   by the crown prosecutors to be their duty to exclude from the
+   jury-box every juror known, or suspected, to hold or agree with the
+   accused in political sentiment. Now, gentlemen, I have not the least
+   objection to see men of the most opposite political sentiments to
+   mine placed in the jury-box to try me, provided they be placed there
+   as the constitution commands--provided they are twelve of my
+   neighbours indifferently chosen. As a loyal citizen I am willing and
+   desirous to be put upon my county, and fairly tried before any twelve
+   of my countrymen, no matter what may happen to be the political
+   sentiments of any of them. But I am sorry and indignant that this is
+   not such a trial. This system by which over and over again loyal
+   subjects of the Queen in Ireland are condemned in form of law for
+   seeking, by such means as the constitution warrants, to restore her
+   Majesty's kingdom of Ireland to the enjoyment of its national
+   rights--this system, of selecting anti-Repealers and excluding
+   Repealers from the jury box, when a Repealer like me is to be tried,
+   is calculated to bring the administration of justice into disesteem,
+   disrepute, and hatred. I here protest against it. My lords and
+   gentlemen of the jury, before I offer any reply to the charges in
+   this indictment, and the further development of those charges made
+   yesterday by the learned gentleman whose official duty it was to
+   argue the government's case against me, I wish to apologise to the
+   court for declining to avail myself of the professional assistance of
+   the bar upon this occasion. It is not through any want of respect for
+   the noble profession of the bar that I decline that assistance. I
+   regard the duties of a lawyer as among the most respectable that a
+   citizen can undertake. His education has taught him to investigate
+   the origin, and to understand principles of law, and the true nature
+   of loyalty. He has had to consider how the interests of individual
+   citizens may harmonise with the interests of the community, how
+   justice and liberty may be united, how the state may have both order
+   and contentment. The application of the knowledge which he has
+   gained--viz., the study of law to the daily facts of human
+   society--sharpens and strengthens all his faculties, clears his
+   judgment, helps him to distinguish true from false, and right from
+   wrong. It is no wonder, gentlemen, that an accomplished and virtuous
+   lawyer holds a high place in the aristocracy of merit in every free
+   country. Like all things human, the legal profession has its dark as
+   well as its bright side, has in it germs of decay and rotten foulness
+   as well as of health and beauty; but yet it is a noble profession,
+   and one which I admire and respect. But, above all, I would desire to
+   respect the bar of my own country, and the Irish bar--the bar made
+   illustrious by such memories as those of Grattan and Flood, and the
+   Emmets, and Curran, and Plunket, and Saurin, and Holmes, and Sheil,
+   and O'Connell. I may add, too, of Burke and of Sheridan, for they
+   were Irish in all that made them great. The bar of Ireland wants this
+   day only the ennobling inspirations of national freedom to raise it
+   to a level with the world. Under the Union very few lawyers have been
+   produced whose names can rank in history with any of the great names
+   I have mentioned. But still, even the present times of decay, and
+   when the Union is preparing to carry away our superior courts, and
+   the remains of our bar to Westminster, and to turn that beautiful
+   building upon the quay into a barrack like the Linen Hall, or an
+   English tax-gatherer's office like the Custom House, there are many
+   learned, accomplished, and respectable lawyers at the Irish bar, and
+   far be it from me to doubt but that any Irish lawyer who might
+   undertake my defence would loyally exert himself as the lofty idea of
+   professional honour commands to save me from a conviction. But to
+   this attack upon my character as a good citizen and upon my liberty,
+   my lords and gentlemen, the only defence I could permit to be offered
+   would be a full justification of my political conduct, morally,
+   constitutionally, legally--a complete vindication of my acts and
+   words alleged to be seditious and disloyal, and to retort against my
+   accusers the charge of sedition and disloyalty. Not, indeed, that I
+   would desire to prosecute these gentlemen upon that charge, if I
+   could count upon convicting them and send them to the dungeon instead
+   of myself. I don't desire to silence them, or to hurt a hair of their
+   wigs because their political opinions differed from mine. Gentlemen,
+   this prosecution against me, like the prosecutions just accomplished
+   against two national newspapers, is part of a scheme of the ministers
+   of the crown for suppressing all voice of protest against the Union,
+   for suppressing all public complaint against the deadly results of
+   the Union, and all advocacy by act, speech, or writing for Repeal of
+   the Union. Now I am a Repealer so long as I have been a politician at
+   all--that is for at least twenty-four years past. Until the national
+   self-government of my country be first restored, there appears to me
+   to be no place, no _locus standi_ (as lawyers say), for any other
+   Irish political question, and I consider it to be my duty as a
+   patriotic and loyal citizen, to endeavour by all honourable and
+   prudent means to procure the Repeal of the Act of the Union, and the
+   restoration of the independent Irish government, of which my country
+   was (as I have said in my prosecuted speech), "by fraud and force,"
+   and against the will of the vast majority of its people of every
+   race, creed, and class, though under false form of law, deprived
+   sixty-seven years ago. Certainly, I do not dispute the right of you,
+   gentlemen, or of any man in this court, or in all Ireland, to
+   approve of the Union, to praise it, if you think right, as being wise
+   and beneficent, and to advocate its continuance openly by act,
+   speech, and writing. But I naturally think that my convictions in
+   this matter of the Union ought to be shared by you also, gentlemen,
+   and by the learned judges, and the lawyers, both crown lawyers and
+   all others, and by the policemen and soldiers, and all faithful
+   subjects of her Majesty in Ireland. Now, gentlemen, such being my
+   convictions, were I to entrust my defence in this court to a lawyer,
+   he must speak as a Repealer, not only for me, but for himself, not
+   only as a professional advocate, but as a man, and from the heart. I
+   cannot doubt but that there are very many Irish lawyers who privately
+   share my convictions about Repeal. Believing as I do in my heart and
+   conscience, and with all the force of the mind that God has given me,
+   that Repeal is the right and the only right policy for Ireland--for
+   healing all the wounds of our community, all our sectarian feuds, all
+   our national shame, suffering, and peril--for making our country
+   peaceful, industrious, prosperous, respectable, and happy--I cannot
+   doubt but that in the enlightened profession of the bar there must be
+   very many Irishmen who, like me, consider Repeal to be right, and
+   best, and necessary for the public good. But, gentlemen, ever since
+   the Union, by fraud and force and against the will of the Irish
+   people, was enacted--ever since that act of usurpation by the English
+   parliament of the sovereign rights of the queen, lords, and commons
+   of Ireland--ever since this country was thereby rendered the subject
+   instead of the sister of England--ever since the Union, but
+   especially for about twenty years past, it has been the policy of
+   those who got possession of the sovereign rights of the Irish crown
+   to appoint to all places of public trust, emolument, or honour in
+   Ireland only such as would submit, whether by parole or by tacit
+   understanding, to suppress all public utterance of their desire for
+   the Repeal of the Union such as has been the persistent policy
+   towards this country of those who command all the patronage of Irish
+   offices, paid and unpaid--the policy of all English ministers,
+   whether Whig or Tory, combined with the disposal of the public
+   forces--such a policy is naturally very effective in not really
+   reconciling, but in keeping Ireland quietly subject to the Union. It
+   is a hard trial of men's patriotism to be debarred from all career of
+   profitable and honourable distinction in the public service of their
+   own country. I do not wonder that few Irish lawyers, in presence of
+   the mighty power of England, dare to sacrifice personal ambition and
+   interest to what may seem a vain protest against accomplished facts.
+   I do not wish to attack or offend them--as this court expresses it,
+   to impute improper motives to them--by thus simply stating the sad
+   facts which are relevant to my own case in this prosecution, and
+   explaining that I decline professional assistance, because few
+   lawyers would be so rash as to adopt my political convictions, and
+   vindicate my political conduct as their own, and because if any
+   lawyer were so bold as to offer me his aid on my own terms, I am too
+   generous to permit him to ruin his professional career for my sake.
+   Such are the reasons, gentlemen of the jury and my lords, why I am
+   now going through this trial, not _secundum artum_, but like an
+   eccentric patient who won't be treated by the doctors but will quack
+   himself. Perhaps I would be safer if I did not say a word about the
+   legal character of the charge made against me in this indictment.
+   There are legal matters as dangerous to handle as any drugs in the
+   pharmacopoeia. Yet I shall trouble you for a short time longer, while
+   I endeavour to show that I have not acted in a way unbecoming a good
+   citizen. The charge against me in this indictment is that I took part
+   in an illegal procession by the provisions of the statute entitled in
+   the Party Processions' Act. His lordship enumerated seven conditions,
+   the violation of some one of which is necessary to render an assembly
+   illegal at common law. Those seven conditions are--1. That the
+   persons forming the assembly met to carry out an unlawful purpose. 2.
+   That the numbers in which the persons met endangered the public
+   peace. 3. That the assembly caused alarm to the peaceful subjects of
+   the Queen. 4. That the assembly created disaffection. 5. That the
+   assembly incited her Majesty's Irish subjects to hate her Majesty's
+   English subjects--his lordship did not say anything of the case of an
+   assembly inciting the Queen's English subjects to hate the Queen's
+   Irish subjects, but no such case is likely to be tried here. 6. That
+   the assembly intended to asperse the right and constitutional
+   administration of justice; and 7. That the assembly intended to
+   impair the functions of justice and to bring the administration of
+   justice into disrepute. I say that the procession of the 8th December
+   did not violate any one of these conditions--1. In the first place
+   the persons forming that procession did not meet to carry out any
+   unlawful purpose--their purpose was peaceably to express their
+   opinion upon a public act of the public servants of the crown. 2. In
+   the second place the numbers in which those persons met did not
+   endanger the public peace. None of those persons carried arms.
+   Thousands of those persons were women and children. There was no
+   injury or offence attempted to be committed against anybody, and no
+   disturbance of the peace took place. 3. In the third place the
+   assembly caused no alarm to the peaceable subjects of the
+   Queen--there is not a tittle of evidence to that effect. 4. In the
+   fourth place the assembly did not create disaffection, neither was it
+   intended or calculated to create disaffection. On the contrary, the
+   assembly served to give peaceful expression to the opinion
+   entertained by vast numbers of her Majesty's peaceful subjects upon a
+   public act of the servants of the crown, an act which vast numbers of
+   the Queen's subjects regretted and condemned. And thus the assembly
+   was calculated to prevent or remove disaffection, and such open and
+   peaceful manifestations of the real opinions of the Queen's subjects
+   upon public affairs is the proper, safe, and constitutional way in
+   which they may aid to prevent disaffection. 5. In the fifth place the
+   assembly did not incite the Irish subjects of the Queen to hate her
+   Majesty's subjects. On the contrary, it was a proper constitutional
+   way of bringing about a right understanding upon a transaction which,
+   if not fairly and fully explained and set right, must produce hatred
+   between the two peoples. That transaction was calculated to produce
+   hatred. But those who protest peaceably against such a transaction
+   are not the party to be blamed, but those responsible for the
+   transaction. 6. In the sixth place the assembly had no purpose of
+   aspersing the right and constitutional administration of justice. Its
+   tendency was peaceably to point out faults in the conduct of the
+   servants of the crown, charged with the administration of justice,
+   which faults were calculated to bring the administration of justice
+   into disrepute. 7. Nor, in the seventh place, did the assembly impair
+   the functions of justice, or intend or tend to do so. Even my
+   prosecutors do not allege that judicial tribunals are infallible. It
+   would be too absurd to make such an allegation in plain words. It is
+   admitted on all hands that judges have sometimes given wrong
+   directions, that juries have given wrong verdicts, that courts of
+   justice have wrongfully appreciated the whole matter for trial. When
+   millions of the Queen's subjects think that such wrong has been done,
+   is it sedition for them to say so peaceably and publicly? On the
+   contrary, the constitutional way for good citizens to act in striving
+   to keep the administration of justice pure and above suspicion of
+   unfairness, is by such open and peaceable protests. Thus, and thus
+   only, may the functions of justice be saved from being impaired. In
+   this case wrong had been done. Five men had been tried together upon
+   the same evidence, and convicted together upon that evidence, and
+   while one of the five was acknowledged by the crown to be innocent,
+   and the whole conviction was thus acknowledged to be wrong and
+   invalid, three of the five men were hanged upon that conviction. My
+   friend, Mr. Sullivan, in his eloquent and unanswerable speech of
+   yesterday, has so clearly demonstrated the facts of that unhappy and
+   disgraceful affair of Manchester, that I shall merely say of it that
+   I adopt every word he spoke upon the subject for mine, and to justify
+   the sentiment and purpose with which I engaged in the procession of
+   the 8th December. I say the persons responsible for that transanction
+   are fairly liable to the charge of acting so as to bring the
+   administration of justice into contempt, unless, gentlemen, you hold
+   those persons to be infallible and hold that thay can do no wrong.
+   But, gentlemen, the constitution does not say that the servants of
+   the crown can do no wrong. According to the constitution the
+   sovereign can do no wrong, but her servants may. In this case they
+   have done wrong. And, gentlemen, you cannot right that wrong, nor
+   save the administration of justice from the disreputation into which
+   such proceedings are calculated to bring it, by giving a verdict to
+   put my comrades and myself into jail for saying openly and peaceably
+   that we believe the administration of justice in that unhappy affair
+   did do wrong. But further, gentlemen, let us suppose that you twelve
+   jurors, as well as the servants of the crown who are prosecuting me,
+   and the two judges, consider me to be mistaken in my opinion upon
+   that judicial proceeding, yet you have no right under the
+   constitution to convict me of a misdemeanour for openly and peaceably
+   expressing my opinion. You have no such right; and as to the wisdom
+   of treating my differences of opinion and the peaceable expression of
+   it as a penal offence--and the wisdom of a political act ought to be
+   a serious question with all good and loyal citizens--consider that
+   the opinion you are invited by the crown prosecutors to pronounce to
+   be a penal offence is not mine alone, nor that of the five men herein
+   indicted, but is the opinion of all the 30,000 persons estimated by
+   the crown evidence to have taken part in the assembly of the 8th of
+   December; is the opinion besides of the 90,000 or 100,000 others who,
+   standing in the streets of this city, or at the open windows
+   overlooking the streets traversed by the procession that day,
+   manifested their sympathy with the objects of the procession; is the
+   opinion, as you are morally certain, of some millions of your Irish
+   fellow-subjects. By indicting me for the expression of that opinion
+   the public prosecutors virtually indict some millions of the Queen's
+   peaceable Irish subjects. It is only the convenience of this
+   court--which could not hold the millions in one batch of traversers,
+   and which would require daily sittings for several successive years
+   to go through the proper formalities for duly trying all those
+   millions; it is only the convenience of this court that can be
+   pretended to relieve the crown prosecutors from the duty of trying
+   and convicting all those millions if it is their duty to try and
+   convict me. The right principles of law do not allow the servants of
+   the crown to evade or neglect their duty of bringing to justice all
+   offenders against the law. I suppose these gentlemen may allege that
+   it is at their discretion what offenders against the law they will
+   prosecute. I deny that the principles of the law allow them, or allow
+   the Queen such discretion. The Queen, at her coronation services,
+   swears to do justice to all her subjects according to the law. The
+   Queen, certainly, has the right by the constitution to pardon any
+   offenders against the law. She has the prerogative of mercy. But
+   there can be no pardon, no mercy, till after an offence be proved in
+   due course of law by accusation of the alleged offenders before the
+   proper tribunals, followed by the plea of guilty or the jurors'
+   verdict of guilty. And to select one man or six men for trial,
+   condemnation, and punishment, out of, say, four millions who have
+   really participated in the same alleged wicked, malicious, seditious,
+   evil-disposed, and unlawful proceeding, is unfair to the six men, and
+   unfair to the other 3,999,994 men--is a dereliction of duty on the
+   part of the officers of the law, and is calculated to bring the
+   administration of justice into disrepute. Equal justice is what the
+   constitution demands. Under military authority an army may be
+   decimated, and a few men may properly be punished, while the rest are
+   left unpunished. But under a free constitution it is not so. Whoever
+   breaks the law must be made amenable to punishment, or equal justice
+   is not rendered to the subjects of the Queen. Is it not pertinent,
+   therefore, gentlemen, for me to say to you this is an unwise
+   proceeding which my prosecutors bid you to sanction by a verdict? I
+   have heard it asked by a lawyer addressing this court as a question
+   that must be answered in the negative--can you indict a whole nation?
+   If such a proceeding as this prosecution against the peaceable
+   procession of the 8th December receives the sanction of your verdict,
+   that question must be answered in the affirmative. It will need only
+   a crown prosecutor, an attorney-general, and a solicitor-general, two
+   judges, and twelve jurors, all of the one mind, while all the other
+   subjects of the Queen in Ireland are of a different mind, and the
+   five millions and a half of the Queen's subjects of Ireland outside
+   that circle of seventeen of her Majesty's subjects, may be indicted,
+   convicted, and consigned to penal imprisonment in due form of law--a
+   law as understood in political trials in Ireland. Gentlemen, I have
+   thus far endeavoured to argue from the common sense of mankind, with
+   which the principles of law must be in accord, that the peaceable
+   procession of the 8th of December--that peaceable demonstration of
+   the sentiment of millions of the Queen's subjects in Ireland--did not
+   violate any of the seven conditions of the learned judge to the grand
+   jury in defining what constitutes an illegal assembly at common law;
+   and I have also argued that the prosecution is unwise, and calculated
+   to excite discontent. Gentlemen, I shall now endeavour to show you
+   that the procession of the 8th of December did not violate the
+   statute entitled the Party Processions' Act. The learned judge in his
+   charge told the grand jury that under this act all processions are
+   illegal which carry weapons of offence, or which carry symbols
+   calculated to promote the animosity of some other class of her
+   Majesty's subjects. Applying the law to this case, his lordship
+   remarked that the processions of the 8th of December had something of
+   military array--that is, they went in regular order with a regular
+   step. But, gentlemen, there were no arms in that procession, there
+   were no symbols in that procession intended or calculated to provoke
+   animosity in any other class of the Queen's subjects, or in any human
+   creature. There were neither symbol, nor deed, or word intended to
+   provoke animosity, and as to the military array--is it not absurd to
+   attribute a warlike character to an unarmed and perfectly peaceful
+   assemblage, in which there were some thousands of women and children?
+   No offence was given or offered any human being. The authorities were
+   so assured of the peacefulness and inoffensiveness of the assemblage
+   that the police were withdrawn in a great measure from their ordinary
+   duties of preventing disorders. And as to the remark that the people
+   walked with a regular step, I need only say that was done for the
+   sake of order and decorum. It would be merely to doubt whether you
+   are men of common sense if I argued any further to satisfy you that
+   the procession did not violate the Party Processions' Act, such as it
+   is defined by the learned judge. The speech delivered on that
+   occasion is an important element in forming a judgment upon the
+   character and object of the procession. The speech declared the
+   procession to be a peaceable expression of the opinion of those who
+   composed it upon an important public transaction, an expression of
+   sorrow and indignation at an act of the ministers of the government.
+   It was a protest against that act--a protest which those who
+   disapproved of it were entitled by the constitution to make, and
+   which they made, peaceably and legitimately. Has not every individual
+   of the millions of the Queen's subjects the right to say so say
+   openly whether he approves or disapproves of any public act of the
+   Queen's ministers? Has not all the Queen's subjects the right to say
+   altogether if they can without disturbance of the Queen's peace? The
+   procession enabled many thousands to do that without the least
+   inconvenience or danger to themselves, and with no injury or offence
+   to their neighbours. To prohibit or punish peaceful, inoffensive,
+   orderly, and perfectly innocent processions upon pretence that they
+   are constructively unlawful, is unconstitutional tyranny. Was it done
+   because the ministers discovered that the terror of suspended habeas
+   corpus had not in this matter stifled public opinion? Of course, if
+   anything be prohibited by government, the people obey--of course I
+   obey. I would not have held the procession had I not understood that
+   it was permitted. But understanding that it was permitted, and so
+   believing that it might serve the people for a safe and useful
+   expression of their sentiment, I held the procession. I did not hold
+   the procession because I believed it to be illegal, but because I
+   believed it to be legal and understood it to be permitted. In this
+   country it is not law that must rule a loyal citizen's conduct, but
+   the caprice of the English ministers. For myself, I acknowledge that
+   I submit to such a system of government unwillingly, and with
+   constant hope for the restoration of the reign of law, but I do
+   submit. Why at first did the ministers of the crown permit an
+   expression of censure upon that judicial proceeding at Manchester by
+   a procession--why did they not warn her Majesty's subjects against
+   the danger of breaking the law? Was it not because they thought that
+   the terrors of the suspended habeas corpus would be enough to prevent
+   the people from coming openly forward at all to express their real
+   sentiments? Was it because they found that so vehement and so general
+   was the feeling of indignation at that unhappy transaction at
+   Manchester that they did venture to come openly forward--with perfect
+   peacefulness and most careful observance of the peace to express
+   their real sentiments--that the ministry proclaimed down the
+   procession, and now prosecute us in order to stifle public opinion?
+   Gentlemen of the jury, I have said enough to convince any twelve
+   reasonable men that there was nothing in my conduct in the matter of
+   that procession which you can declare on your oaths to be "malicious,
+   seditious, ill-disposed, and intended to disturb the peace and
+   tranquility of the realm." I shall trouble you no further, except by
+   asking you to listen to the summing up of this indictment, and, while
+   you listen to judge between me and the attorney-general. I shall read
+   you my words and his comment. Judge of us, Irish jurors, which of us
+   two are guilty:--"Let us, therefore, conclude this proceeding by
+   joining heartily, with hats off, in the prayer of those three men,
+   'God save Ireland.'" "Thereby," says the attorney-general in his
+   indictment, "meaning, and intending to excite hatred, dislike, and
+   animosity against her Majesty and the government, and bring into
+   contempt the administration of justice and the laws of this realm,
+   and cause strife and hatred between her Majesty's subjects in Ireland
+   and in England, and to excite discontent and disaffection against her
+   Majesty's government." Gentlemen, I have now done.
+
+   Mr. Martin sat down amidst loud and prolonged applause.
+
+This splendid argument, close, searching, irresistible, gave the _coup
+de grace_ to the crown case. The prisoners having called no evidence,
+according to honourable custom having almost the force of law, the
+prosecution was disentitled to any rejoinder. Nevertheless, the crown
+put up its ablest speaker--a man far surpassing in attainments as a
+lawyer and an orator both the Attorney and Solicitor-General--Mr. Ball,
+Q.C., to press against the accused that technical right which honourable
+usage reprehended as unfair! No doubt the crown authorities felt it was
+not a moment in which they could afford to be squeamish or scrupulous.
+The speeches of Mr. Sullivan and Mr. Martin had had a visible effect
+upon the jury--had, in fact, made shreds of the crown case; and so Mr.
+Ball was put up as the last hope of averting the "disaster" of a
+failure. He spoke with his accustomed ability and dignity, and made a
+powerful appeal in behalf of the crown. Then Mr. Justice Fitzgerald
+proceeded to charge the jury, which he did in his own peculiarly calm,
+precise, and perspicuous style. At the outset, referring to the protest
+of the accused against the conduct of the crown in the jury challenges,
+he administered a keen rebuke to the government officials. It was, he
+said, no doubt the strict legal _right_ of the crown to act as it had
+done; yet, considering that this was a case in which the accused was
+accorded no corresponding privilege, the exercise of that right in such
+a manner by the crown certainly was, in his, Mr. Justice Fitzgerald's
+estimation, _a subject for grave objection_.
+
+Here there was what the newspaper reporters call "sensation in court."
+What! Had it come to this, that one of the chief institutions of the
+land--a very pillar of the crown and government--namely, _jury-packing_,
+was to be reflected upon from the bench itself. Monstrous!
+
+The charge, though mild in language, was pretty sharp on the
+"criminality" of such conduct as was _imputed_ to the accused, yet
+certainly left some margin to the jury for the exercise of their opinion
+upon "the law and the facts."
+
+At two o'clock in the afternoon the jury retired to consider their
+verdict, and as the judges at the same moment withdrew to their chamber,
+the pent-up feelings of the crowded audience instantly found vent in
+loud Babel-like expressions and interchange of comments on the charge,
+and conjectures as to the result. "Waiting for the verdict" is a scene
+that has often been described and painted. Everyone of course concluded
+that half-an-hour would in any case elapse before the anxiously watched
+jury-room door would open; but when the clock hands neared three,
+suspense intense and painful became more and more visible in every
+countenance. It seemed to be only now that men fully realized all that
+was at stake, all that was in peril, on this trial! _A conviction in
+this case rendered the national colour of Ireland for ever more an
+illegal and forbidden emblem_! A conviction in this case would degrade
+the symbol of nationality into a badge of faction! To every fevered
+anxious mind at this moment rose the troubled memories of gloomy
+times--the "dark and evil days" chronicled in that popular ballad, the
+music and words of which now seemed to haunt the watchers in the
+court:--
+
+  "Oh, Patrick, dear, and did you hear
+    The news that's going round?
+  The shamrock is by law forbid.
+    To grow on Irish ground.
+  No more St. Patrick's day we'll keep--
+    His colour can't be seen,
+  For there's a bloody law again
+    The Wearing of the Green."
+
+But hark! There is a noise at the jury-room door! It opens--the jury
+enter the box. A murmur, swelling to almost a roar, from the crowded
+audience, is instantly followed by a deathlike stillness. The judges are
+called; but by this time it is noticed that the foreman has not the
+"issue-paper" ready to hand down; and a buzz goes round--"a question; a
+question!" It is even so. The foreman asks:--
+
+   Whether, if they believed the speech of Mr. Martin to be in itself
+   seditious, should they come to the conclusion that the assemblage was
+   seditious?
+
+Mr. Justice Fitzgerald answers _in the negative_, and a thrill goes
+through the audience. Nor is this all. One of the jurors declares there
+is no chance whatever of their agreeing to a verdict! Almost a cheer
+breaks out. The judge, however, declares they must retire again; which
+the jury do, very reluctantly and doggedly; in a word, very unlike men
+likely to "persuade one another."
+
+When the judges again leave the bench for their chamber, the crowd in
+court give way outright to joy. Every face is bright; every heart is
+light; jokes go round, and there is great "chaff" of the crown
+officials, and of the "polis," who, poor fellows, to tell the truth,
+seem to be as glad as the gladdest in the throng. Five o'clock
+arrives--half-past five--the jury must suavely be out soon now. At a
+quarter to six they come; and for an instant the joke is hushed, and
+cheeks suddenly grow pale with fear lest by any chance it might be evil
+news. But the faces of the jurymen tell plainly "no verdict." The judges
+again are seated. The usual questions in such cases: the usual answers.
+"No hope whatever of an agreement." Then after a reference to the
+Solicitor-General, who, in sepulchral tone, "supposes" there is "nothing
+for it" but to discharge the jury, his lordship declares the jury
+discharged.
+
+Like a volley there burst a wild cheer, a shout, that shook the
+building! Again and again it was renewed; and, being caught up by the
+crowd outside, sent the tidings of victory with electrical rapidity
+through the city. Then there was a rush at Mr. Martin and Mr. Sullivan.
+The former especially was clasped, embraced, and borne about by the
+surging throng, wild with joy. It was with considerable difficulty any
+of the traversers could get away, so demonstrative was the multitude in
+the streets. Throughout the city the event was hailed with rejoicing,
+and the names of the jurymen, "good and bad" were vowed to perpetual
+benediction. For once, at least, justice had triumphed; or rather,
+injustice had been baulked. For once, at least, the people had won the
+day; and the British Government had received a signal overthrow in its
+endeavour to proscribe--
+
+"THE WEARING OF THE GREEN."
+
+       *       *       *       *       *
+
+For one of the actors in the above-described memorable scene, the
+victory purchased but a few hours safety. Next morning Mr. A.M. Sullivan
+was placed again at the bar to hear his sentence--that following upon
+the first of the prosecutions hurled against him (the _press_
+prosecution), on which he had been found guilty. Again the court was
+crowded--this time with anxious faces, devoid of hope. It was a brief
+scene. Mr. Justice Fitzgerald announced the sentence--six months in
+Richmond Prison; and amidst a farewell demonstration that compelled the
+business of the court to be temporarily suspended, the officials led
+away in custody the only one of the prosecuted processionists who
+expiated by punishment his sympathy with the fate of the Martyred Three
+of Manchester.
+
+END.
+
+
+
+
+
+
+
+End of Project Gutenberg's The Wearing of the Green, by A.M. Sullivan
+
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+<html>
+  <head>
+    <meta http-equiv="Content-Type" content=
+    "text/html; charset=iso-8859-1" />
+    <title>
+      The Project Gutenberg eBook of The "Wearing of the Green", by  T.D. Sullivan, A.M. Sullivan, D.B. Sullivan.
+    </title>
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+<pre>
+
+The Project Gutenberg EBook of The Wearing of the Green, by A.M. Sullivan
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: The Wearing of the Green
+
+Author: A.M. Sullivan
+
+Release Date: July 8, 2004 [EBook #12853]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK THE WEARING OF THE GREEN ***
+
+
+
+
+Produced by Jonathan Ingram, Martin Pettit and PG Distributed
+Proofreaders
+
+
+
+
+
+
+</pre>
+
+
+<h1>THE &quot;WEARING OF THE GREEN,&quot;</h1>
+
+<h2><i>OR</i></h2>
+
+<h2>THE PROSECUTED FUNERAL PROCESSION.</h2>
+
+<hr style="width: 45%;" />
+
+<p class='poem'><span>Let the echoes fall unbroken;</span>
+<span class='i2'>Let our tears in silence flow;</span>
+<span>For each word thus nobly spoken,</span>
+<span class='i2'>Let us yield a nation's woe;</span>
+<span>Yet, while weeping, sternly keeping</span>
+<span class='i2'>Wary watch upon the foe.</span>
+</p>
+<p class='poem'>
+<i>Poem in the</i> &quot;NATION.&quot;
+</p>
+
+<h2>DUBLIN:</h2>
+
+<h2>A.M. SULLIVAN, ABBEY STREET.</h2>
+
+<h2>1868.</h2>
+
+
+
+<hr style='width: 65%;' />
+
+<h2>THE PROSECUTED FUNERAL PROCESSION.</h2>
+
+<hr style='width: 45%;' />
+
+<p>The news of the Manchester executions on the morning of Saturday, 23rd
+November, 1867, fell upon Ireland with sudden and dismal disillusion.</p>
+
+<p>In time to come, when the generation now living shall have passed away,
+men will probably find it difficult to fully realize or understand the
+state of stupor and amazement which ensued in this country on the first
+tidings of that event; seeing, as it may be said, that the victims had
+lain for weeks under sentence of death, to be executed on this date. Yet
+surprise indubitably was the first and most overpowering emotion; for,
+in truth, no one up to that hour had really credited that England would
+take the lives of those three men on a verdict already publicly admitted
+and proclaimed to have been a blunder. Now, however, came the news that
+all was over&mdash;that the deed was done&mdash;and soon there was seen such an
+upheaving of national emotion as had not been witnessed in Ireland for a
+century. The public conscience, utterly shocked, revolted against the
+dreadful act perpetrated in the outraged name of justice. A great billow
+of grief rose and surged from end to end of the land. Political
+distinctions disappeared or were forgotten. The Manchester Victims&mdash;the
+Manchester Martyrs, they were already called&mdash;belonged to the Fenian
+organization; a conspiracy which the wisest and truest patriots of
+Ireland had condemned and resisted; yet men who had been prominent in
+withstanding, on national grounds, that hopeless and disastrous
+scheme&mdash;priests and laymen&mdash;were now amongst the foremost and the
+boldest in denouncing at every peril the savage act of vengeance
+perpetrated at Manchester. The Catholic clergy were the first to give
+articulate expression to the national emotion. The executions took place
+on Saturday; before night the telegraph had spread the news through the
+island; and on the next morning, being Sunday, from a thousand altars
+the sad event was announced to the assembled worshippers, and prayers
+were publicly offered for the souls of the victims. When the news was
+announced, a moan of sorrowful surprise burst from the congregation,
+followed by the wailing and sobbing of women; and when the priest, his
+own voice broken with emotion, asked all to join with him in praying the
+Merciful God to grant those young victims a place beside His throne, the
+assemblage with one voice responded, praying and weeping aloud!</p>
+
+<p>The manner in which the national feeling was demonstrated on this
+occasion was one peculiarly characteristic of a nation in which the
+sentiments of religion and patriotism are so closely blended. No stormy
+&quot;indignation meetings&quot; were held; no tumult, no violence, no cries for
+vengeance arose. In all probability&mdash;nay, to a certainty&mdash;all this would
+have happened, and these ebullitions of popular passion would have been
+heard, had the victims not passed into eternity. But now, they were gone
+where prayer alone could follow; and in the presence of this solemn fact
+the religious sentiment overbore all others with the Irish people. Cries
+of anger, imprecations, and threats of vengeance, could not avail the
+dead; but happily religion gave a vent to the pent-up feelings of the
+living. By prayer and mourning they could at once, most fitly and most
+successfully, demonstrate their horror of the guilty deed, and their
+sympathy with the innocent victims.</p>
+
+<p>Requiem Masses forthwith were announced and celebrated in several
+churches; and were attended by crowds everywhere too vast for the sacred
+edifices to contain. The churches in several instances were draped with
+black, and the ceremonies conducted with more than ordinary solemnity.
+In every case, however, the authorities of the Catholic church were
+careful to ensure that the sacred functions were sought and attended for
+spiritual considerations, not used merely for illegitimate political
+purposes; and wherever it was apprehended that the holy rites were in
+danger of such use, the masses were said privately.</p>
+
+<p>And soon public feeling found yet another vent; a mode of manifesting
+itself scarcely less edifying than the Requiem Masses; namely, funeral
+processions. The brutal vengeance of the law consigned the bodies of
+Allen, Larkin, and O'Brien to dishonoured graves; and forbade the
+presence of sympathising friend or sorrowing relative who might drop a
+tear above their mutilated remains. Their countrymen now, however,
+determined that ample atonement should be made to the memory of the dead
+for this denial of the decencies of sepulture. On Sunday, 1st December,
+in Cork. Manchester, Mitchelstown, Middleton, Limerick, and Skibbereen,
+funeral processions, at which thousands of persons attended, were held;
+that in Cork being admittedly the most imposing, not only in point of
+numbers, but in the character of the demonstration and the demeanour of
+the people.</p>
+
+<p>For more than twenty years Cork city has held an advanced position in
+the Irish national struggle. In truth, it has been one of the great
+strongholds of the national cause since 1848. Nowhere else did the
+national spirit keep its hold so tenaciously and so extensively amidst
+the people. In 1848 Cork city contained probably the most formidable
+organization in the country; formidable, not merely in numbers, but in
+the superior intelligence, earnestness, and determination of the men;
+and even in the Fenian conspiracy, it is unquestionable that the
+southern capital contributed to that movement men&mdash;chiefly belonging to
+the mercantile and commercial classes&mdash;who, in personal worth and
+standing, as well as in courage, intelligence, and patriotism, were the
+flower of the organization. Finally, it must be said, that it was Cork
+city by its funeral demonstration of the 1st December, that struck the
+first great blow at the Manchester verdict, and set all Ireland in
+motion. [Footnote: It may be truly said set the Irish race all over the
+world in motion. There is probably no parallel in history for the
+singular circumstance of these funeral processions being held by the
+dispersed Irish in lands remote, apart, as pole from pole&mdash;in the old
+hemisphere and in the new&mdash;in Europe, in America, in Australia;
+prosecutions being set on foot by the English government to punish them
+at both ends of the world&mdash;in Ireland and in New Zealand! In Hokatika
+the Irish settlers&mdash;most patriotic of Ireland's exiles&mdash;organized a
+highly impressive funeral demonstration. The government seized and
+prosecuted its leaders, the Rev. Father Larkin, a Catholic clergyman,
+and Mr. Wm. Manning, editor of the <i>Hokatika Celt</i>. A jury, terrified by
+Fenian panic, brought them in &quot;guilty,&quot; and the patriot priest and
+journalist were consigned to a dungeon for the crime of mourning for the
+dead and protesting against judicial murder.]</p>
+
+<p>Meanwhile the Irish capital had moved, and was organizing a
+demonstration destined to surpass all that had yet been witnessed. Early
+in the second week of December, a committee was formed for the purpose
+of organizing a funeral procession in Dublin, worthy of the national
+metropolis. Dublin would have come forward sooner, but the question of
+the <i>legality</i> of the processions that were announced to come off the
+previous week in Cork and other places, had been the subject of fierce
+discussion in the government press; and the national leaders were
+determined to avoid the slightest infringement of the law or the least
+inroad on the public peace. It was only when, on the 3rd of December,
+Lord Derby, the Prime Minister, replying in the House of Lords to Lord
+Dufferin, declared the opinion of the crown that the projected
+processions were not illegal, that the national party in Dublin decided
+to form a committee and organize a procession. The following were Lord
+Derby's words:&mdash;</p>
+
+<div class='blkquot'><p>&quot;He could assure the noble lord that the government would continue to
+   carry out the law with firmness and impartiality. The Party
+   Processions Act, however, did not meet the case of the funeral
+   processions, the parties engaged in them having, by not displaying
+   banners or other emblems, kept within the law as far as his
+   information went.&quot;</p></div>
+
+<p>Still more strong assurance was contained in the reply of the Irish
+Chief Secretary, Lord Mayo, to a question put by Sir P. O'Brien in the
+House of Commons. Lord Mayo publicly announced and promised that if any
+new opinion as to the legality of the processions should be arrived
+at&mdash;that is, should the crown see in them anything of illegality&mdash;<i>due
+and timely notice would be given</i> by proclamation, so that no one might
+offend through ignorance. Here are his words:&mdash;</p>
+
+<div class='blkquot'><p>&quot;It is the wish of the government to act strictly in accordance with
+   the law; <i>and of course ample notice will be given either by
+   proclamation or otherwise</i>.&quot;</p></div>
+
+<p>The Dublin funeral committee thereupon at once issued the following
+announcement, by placard and advertisement:&mdash;</p>
+
+<div class='blkquot'><h2>GOD SAVE IRELAND!</h2>
+<h2>A PUBLIC FUNERAL PROCESSION</h2>
+
+<h4>In honour of the Irish Patriots</h4>
+<h4>Executed at Manchester, 23rd November,</h4>
+<h4>Will take place in Dublin</h4>
+<h4>On Sunday next, the 8th inst.</h4>
+
+<hr style='width: 45%;' />
+
+<h4>The procession will assemble in Beresford-place, near the Custom</h4>
+<h4>House, and will start from thence at the hour of twelve</h4>
+<h4>o'clock noon.</h4>
+
+<hr style='width: 45%;' />
+
+<h4>No flags, banners, or party emblems will be allowed.</h4>
+
+<hr style='width: 45%;' />
+
+<h2>IRISHMEN</h2>
+
+<h4>Assemble in your thousands, and show by your numbers and your</h4>
+<h4>orderly demeanour your sympathy with the fate of the</h4>
+<h4>executed patriots.</h4>
+
+<hr style='width: 45%;' />
+
+<h2>IRISHWOMEN</h2>
+
+<h4>You are requested to lend the dignity of your presence to this</h4>
+<h4>important National Demonstration.</h4>
+
+<p>   By Order of the Committee.</p>
+
+<p>   JOHN MARTIN, Chairman.
+   J.C. WATERS, Hon. Secretary.
+   JAMES SCANLAN, Hon. Secretary.
+   J.J. LALOR, Hon. Secretary.
+   DONAL SULLIVAN, Up. Buckingham-street, Treasurer.</p></div>
+
+<p>The appearance of the &quot;funeral procession placards&quot; all over the city on
+Thursday, 5th December, increased the public excitement. No other topic
+was discussed in any place of public resort, but the event forthcoming
+on Sunday. The first evidence of what it was about to be, was the
+appearance of the drapery establishments in the city on Saturday
+morning; the windows, exteriorly and interiorly, being one mass of crape
+and green ribbon&mdash;funeral knots, badges, scarfs, hat-bands, neckties,
+&amp;c., exposed for sale. Before noon most of the retail, and several of
+the wholesale houses had their entire stock of green ribbon and crape
+exhausted, it being computed that <i>nearly one hundred thousand yards</i>
+had been sold up to midnight of Saturday! Meantime the committee sat <i>en
+permanance</i>, zealously pushing their arrangements for the orderly and
+successful carrying out of their great undertaking&mdash;appointing stewards,
+marshals, &amp;c.&mdash;in a word, completing the numerous details on the
+perfection of which it greatly depended whether Sunday was to witness a
+successful demonstration or a scene of disastrous disorder. On this, as
+upon every occasion when a national demonstration was to be organized,
+the trades of Dublin, Kingstown, and Dalkey, exhibited that spirit of
+patriotism for which they have been proverbial in our generation. From
+their ranks came the most efficient aids in every department of the
+preparations. On Saturday evening the carpenters, in a body, immediately
+after their day's work was over, instead of seeking home and rest,
+refreshment or recreation after their week of toil, turned into the
+<i>Nation</i> office machine rooms, which they quickly improvised into a vast
+workshop, and there, as volunteers, laboured away till near midnight,
+manufacturing &quot;wands&quot; for the stewards of next morning's procession.</p>
+
+<p>Sunday, 8th December, 1867, dawned through watery skies. From shortly
+after day-break, rain, or rather half-melted sleet, continued to fall;
+and many persons concluded that there would be no attempt to hold the
+procession under such inclement weather. This circumstance was, no
+doubt, a grievous discouragement, or rather a discomfort and an
+inconvenience; but so far from preventing the procession, it was
+destined to add a hundred-fold to the significance and importance of the
+demonstration. Had the day been fine, tens of thousands of persons who
+eventually only lined the streets, wearing the funeral emblems, would
+have marched in the procession as they had originally intended; but
+hostile critics would in this case have said that the fineness of the
+day and the excitement of the pageant had merely caused a hundred
+thousand persons to come out for a holiday. Now, however, the depth,
+reality, and intensity of the popular feeling was about to be keenly
+tested. The subjoined account of this memorable demonstration is
+summarised from the Dublin daily papers of the next ensuing publication,
+the report of the <i>Freeman's Journal</i> being chiefly used:&mdash;</p>
+
+<div class='blkquot'><p>As early as ten o'clock crowds began to gather in Beresford-place,
+   and in an hour about ten thousand men were present. The morning had
+   succeeded to the hopeless humidity of the night, and the drizzling
+   rain fell with almost dispiteous persistence. The early trains from
+   Kingstown and Dalkey, and all the citerior townlands, brought large
+   numbers into Dublin; and Westland-row, Brunswick, D'Olier, and
+   Sackville-streets, streamed with masses of humanity. A great number
+   of the processionists met in Earlsfort-terrace, all round the
+   Exhibition, and at twelve o'clock some thousands had collected. It
+   was not easy to learn the object of this gathering; it may have been
+   a mistake, and most probably it was, as they fell in with the great
+   body in the course of half an hour. The space from the quays,
+   including the great sweep in front of the Custom-house, was swarming
+   with men, and women, and small children, and the big ungainly crowd
+   bulged out in Gardiner-street, and the broad space leading up
+   Talbot-street. The ranks began to be formed at eleven o'clock amid a
+   down-pour of cold rain. The mud was deep and aqueous, and great pools
+   ran through the streets almost level with the paths. Some of the more
+   prominent of the men, and several of the committee, rode about
+   directing and organizing the crowd, which presented a most
+   extraordinary appearance. A couple of thousand young children stood
+   quietly in the rain and slush for over an hour; while behind them, in
+   close-packed numbers, were over two thousand young women. Not the
+   least blame can be attached to those who managed the affairs of the
+   day, inasmuch as the throng must have far exceeded even their most
+   sanguine expectations. Every moment some overwhelming accession
+   rolled down Abbey-street or Eden-quay, and swelled the already
+   surging multitude waiting for the start. Long before twelve o'clock,
+   the streets converging on the square were packed with spectators or
+   intending processionists. Cabs struggled hopelessly to yield up the
+   large number of highly respectable and well-attired ladies who had
+   come to walk. Those who had hired vehicles for the day to join the
+   procession were convinced of the impracticable character of their
+   intention; and many delicate old men who would not give up the
+   design, braved the terrors of asthma and bronchitis, and joined the
+   rain-defying throng. Right across the spacious ground was one
+   unmoving mass, constantly being enlarged by ever-coming crowds. All
+   the windows in Beresford-place were filled with spectators, and the
+   rain and cold seemed to have no saddening effect on the numerous
+   multitude. The various bands of the trade were being disposed in
+   their respective positions, and the hearses were a long way off and
+   altogether in the back-ground, when, at a quarter to twelve, the
+   first rank of men moved forward. Almost every one had an umbrella,
+   but they were thoroughly saturated with the never-ceasing down-pour.
+   As the steady, well-kept, twelve-deep ranks moved slowly out, some
+   ease was given to those pent up behind; and it was really wonderful
+   to see the facility with which the people adapted themselves to the
+   orders of their directors. Every chance of falling in was seized, and
+   soon the procession was in motion. The first five hundred men were of
+   the artisan class. They were dressed very respectably, and each man
+   wore upon his left shoulder a green rosette, and on his left arm a
+   band of crape. Numbers had hat-bands depending to the shoulder;
+   others had close crape intertwined carefully with green ribbon around
+   their hats; and the great majority of the better sort adhered to this
+   plan, which was executed with a skill unmistakably feminine. Here and
+   there at intervals a man appeared with a broad green scarf around his
+   shoulders, some embroidered with shamrocks, and others decorated with
+   harps. There was not a man throughout the procession but was
+   conspicuous by some emblem of nationality. Appointed officers walked
+   at the sides with wands in their hands and gently kept back the
+   curious and interested crowd whose sympathy was certainly
+   demonstrative. Behind the five hundred men came a couple of thousand
+   young children. These excited, perhaps, the most considerable
+   interest amongst the bystanders, whether sympathetic, neutral, or
+   opposite. Of tender age and innocent of opinions on any subject, they
+   were being marshalled by their parents in a demonstration which will
+   probably give a tone to their career hereafter; and seeds in the
+   juvenile mind ever bear fruit in due season. The presence of these
+   shivering little ones gave a serious significance to the
+   procession&mdash;they were hostages to the party who had organized the
+   demonstration. Earnestness must indeed have been strong in the mind
+   of the parent who directed his little son or daughter to walk in
+   saturating rain and painful cold through five or six miles of mud and
+   water, and all this merely to say &quot;I and my children were there.&quot; It
+   portends something more than sentiment. It is national education with
+   a vengeance. Comment on this remarkable constituent was very frequent
+   throughout the day, and when toward evening this band of boys sang
+   out with lusty unanimity a popular Yankee air, spectators were
+   satisfied of their culture and training. After the children came
+   about one hundred young women who had been unable to gain their
+   proper position, and accepted the place which chance assigned them.
+   They were succeeded by a band dressed very respectably, with crape
+   and green ribbons round their caps. These were followed by a number
+   of rather elderly men, probably the parents of the children far
+   ahead. At this portion of the procession, a mile from the point, they
+   marched four deep, there having been a gradual decline from the
+   front. Next came the bricklayers' band all dressed in green caps, a
+   very superior-looking body of men. Then followed a very imposing
+   well-kept line, composed of young men of the better class, well
+   attired and respectable looking. These wore crape hat-bands, and
+   green rosettes with harps in the centre. Several had broad green body
+   scarfs, with gold tinsel shamrocks and harps intertwined. As this
+   portion of the procession marched they attracted very considerable
+   attention by their orderly, measured tread, and the almost soldierly
+   precision with which they maintained the line. They numbered about
+   four or five thousand, and there were few who were not young, sinewy,
+   stalwart fellows. When they had reached the further end of
+   Abbey-street, the ground about Beresford-place was gradually becoming
+   clear, and the spectator had some opportunity afforded of glancing
+   more closely at the component parts of the great crowd. All round the
+   Custom-house was still packed a dense throng, and large streams were
+   flowing from the northern districts, Clontarf, the Strand, and the
+   quays. The shipping was gaily decorated, and many of the masts were
+   filled with young tars, wearing green bands on their hats. At
+   half-past twelve o'clock, the most interesting portion of the
+   procession left the Custom-house. About two thousand young women, who
+   in attire, demeanour, and general appearance, certainly justified
+   their title to be called ladies walked in six-deep ranks. The general
+   public kept pace with them for a great distance. The green was most
+   demonstrative, every lady having shawl, bonnet, veil, dress, or
+   mantle of the national hue. The mud made sad havoc of their attire,
+   but notwithstanding all mishaps they maintained good order and
+   regularity. They stretched for over half a-mile, and added very
+   notably to the imposing appearance, of the procession. So great was
+   the pressure in Abbey-street, that for a very long time there were no
+   less than three processions walking side-by-side. These halted at the
+   end of the street, and followed as they were afforded opportunity.
+   One of the bands was about to play near the Abbey-street Wesleyan
+   House, but when a policeman told them of the proximity of the place
+   of worship, they immediately desisted. The first was a very long way
+   back in the line, and the foremost men must have been near the
+   Ormond-quays, when the four horses moved into Abbey-street. They were
+   draped with black cloths, and white plumes were at their heads. The
+   hearse also had white plumes, and was covered with black palls. On
+   the side was &quot;William P. Allen.&quot; A number of men followed, and then
+   came a band. In the earlier portion of the day there were seen but
+   two hearses, the second one bearing Larkin's name. It was succeeded
+   by four mourning coaches, drawn by two horses each. A large number
+   of young men from the monster houses followed in admirable order. In
+   this throng were very many men of business, large employers, and
+   members of the professions. Several of the trades were in great
+   force. It had been arranged to have the trade banners carried in
+   front of the artisans of every calling, but at the suggestion of the
+   chairman this design was abandoned. The men walked, however, in
+   considerable strength. They marched from their various
+   committee-rooms to the Custom-house. The quay porters were present to
+   the number of 500, and presented a very orderly, cleanly appearance.
+   They were comfortably dressed, and walked close after the hearse
+   bearing Larkin's name. Around this bier were a number of men bearing
+   in their hands long and waving palms&mdash;emblems of martyrdom. The
+   trades came next, and were led off by the various branches of the
+   association known as the Amalgamated Trades. The plasterers made
+   about 300, the painters 350, the boot and shoemakers mustered 1,000,
+   the bricklayers 500, the carpenters 300, the slaters 450, the sawyers
+   200, and the skinners, coopers, tailors, bakers, and the other
+   trades, made a very respectable show, both as to numbers and
+   appearance. Each of these had representatives in the front of the
+   procession, amongst the fine body of men who marched eight deep. The
+   whole ground near the starting place was clear at half-past one, and
+   by that time the demonstration was seen to a greater advantage than
+   previously. All down Abbey-streets, and in fact throughout the
+   procession, the pathways were crowded by persons who were practically
+   of it, though not in it. Very many young girls naturally enough
+   preferred to stand on the pathways rather than to be saturated with
+   mud and water. But it may truly be said that every second man and
+   woman of the crowds in almost every street were of the procession.
+   Cabs filled with ladies and gentlemen remained at the waysides all
+   day watching the march. The horses' heads were gaily decorated with
+   green ribbons, while every Jehu in the city wore a rosette or a crape
+   band. Nothing of special note occurred until the procession turned
+   into Dame-street. The appearance of the demonstration was here far
+   greater than at any other portion of the city. Both sides of the
+   street, and as far as Carlisle-bridge, were lined with cabs and
+   carriages filled with spectators who were prevented by the bitter
+   inclemency of the day from taking an active part in the proceedings.
+   The procession was here grandly imposing, and after Larkin's hearse
+   were no less than nine carriages, and several cabs. It is stated that
+   Mrs. Luby and Miss Mulcahy occupied one of the vehicles, and
+   relatives of others now in confinement were alleged to have been
+   present. One circumstance, which was generally remarked as having
+   great significance, was the presence in one line of ten soldiers of
+   the 86th Regiment. They were dressed in their great overcoats, which
+   they wore open so as to show the scarlet tunic. These men may have
+   been on leave, inasmuch as the great military force were confined to
+   barracks, and kept under arms from six o'clock, a.m. The cavalry were
+   in readiness for action, if necessary. Mounted military and police
+   orderlies were stationed at various points of the city to convey any
+   requisite intelligence to the authorities, and the constabulary at
+   the depot, Phoenix Park, were also prepared, if their services should
+   be required. At the police stations throughout the city large numbers
+   of men were kept all day under arms. It is pleasant to state that no
+   interference was necessary, as the great demonstration terminated
+   without the slightest disturbance. The public houses generally
+   remained closed until five o'clock, and the sobriety of the crowds
+   was the subject of the general comment.</p>
+
+<p>   From an early hour in the morning every possible position along the
+   quays that afforded a good view of the procession was taken advantage
+   of, and, despite the inclemency of the weather, the parapets of the
+   various bridges, commencing at Capel-street, were crowded with
+   adventurous youths, who seemed to think nothing of the risks they ran
+   in comparison with the opportunities they had of seeing the great
+   sight in all its splendour. From eleven until twelve o'clock the
+   greatest efforts were made to secure good places The side walks were
+   crowded and impassable. The lower windows of the houses were made the
+   most of by men who clutched the shutters and bars, whilst the upper
+   windows were, as a general rule, filled with the fair sex, and it is
+   almost unnecessary to add that almost every man, woman, and child
+   displayed some emblem suitable to the occasion. Indeed, the
+   originality of the designs was a striking feature. The women wore
+   green ribbons and veils, and many entire dresses of the favourite
+   colour. The numerous windows of the Four Courts accommodated hundreds
+   of ladies, and we may mention that within the building were two
+   pieces of artillery, a plentiful supply of rockets, and a number of
+   policemen. It was arranged that the rockets should be fired from the
+   roof in case military assistance was required. Contrary to the
+   general expectation, the head of the procession appeared at
+   Essex-bridge shortly before twelve o'clock. As it was expected to
+   leave Beresford-place about that time, and as such gigantic
+   arrangements are seldom carried out punctually, the thousands of
+   people who congregated in this locality were pleasantly disappointed
+   when a society band turned the corner of Mary-street and came towards
+   the quays, with the processionists marching in slow and regular time.
+   The order that prevailed was almost marvellous&mdash;not a sound was heard
+   but the mournful strains of the music, and the prevalent feeling was
+   expressed, no doubt, by one or two of the processionists, who said in
+   answer to an inquiry, &quot;We will be our own police to-day.&quot; They
+   certainly were their own police, for those who carried white wands
+   did not spare themselves in their endeavours to maintain order in the
+   ranks. As we have mentioned already, the first part of the procession
+   reached Capel-street shortly before twelve o'clock, and some idea of
+   the extent of the demonstration may be formed from the fact that the
+   hearses did not come in view until a quarter-past one o'clock. They
+   appeared at intervals of a quarter of an hour, and were received by a
+   general cry of &quot;hush.&quot; The number of fine, well-dressed young women
+   in the procession here was the subject of general remark, whilst the
+   assemblage of boys astonished all who witnessed it on account of its
+   extent. The variety of the tokens of mourning, too, was remarkable.
+   Numbers of the women carried laurel branches in addition to green
+   ribbons and veils, and many of the men wore shamrocks in their hats.
+   The procession passed along the quays as far as King's-bridge, and it
+   there crossed and passed up Stevens'-lane. The windows of all the
+   houses <i>en route</i> were crowded chiefly with women, and the railings
+   at the Esplanade and at King's-bridge, were crowded with spectators.</p>
+
+<p>   About one o'clock the head of the procession, which had been
+   compressed into a dense mass in Stevens'-lane, burst like confined
+   water when relieved of restraint, on entering James's-street, where
+   every window and doorstep was crowded. Along the lines of footway
+   extending at either side from the old fountain up to James's-gate,
+   were literally tented over with umbrellas of every hue and shade,
+   held up as protection against the cold rain that fell in drizzling
+   showers and made the streetway on which the vast numbers stood ankle
+   deep in the slushy mud. The music of the &quot;Dead March in Saul,&quot; heard
+   in the distance, caused the people to break from the lines in which
+   they had partially stood awaiting the arrival of the procession,
+   which now, for the first time, began to assume its full proportions.
+   As it moved along the quays at the north side of the river, every
+   street, bridge, and laneway served to obstruct to a considerable
+   extent its progress and its order, owing to interruption from
+   carriage traffic and from the crowds that poured into it and swelled
+   it in its onward course. In the vast multitudes that lined this great
+   western artery of the city, the greatest order and propriety were
+   observed, and all seemed to be impressed with the one solemn and
+   all-pervading idea that they were assembled to express their deep
+   sympathy with the fate of three men whom they believed had been
+   condemned and had suffered death unjustly. Even amongst the young
+   there was not to be recognised the slightest approach to levity, and
+   the old characteristics of a great Irish gathering were not to be
+   perceived anywhere. The wrong, whether real or imaginary, done to
+   Allen, O'Brien, and Larkin, made their memory sacred with the
+   thousands that stood for hours in the December wet and cold of
+   yesterday, to testify by their presence their feelings and their
+   sympathies. The horsemen wearing green rosettes, trimmed with crape,
+   who rode in advance of the procession, kept back the crowds at either
+   side that encroached on the space in the centre of the street
+   required for the vast coming mass to move through. On it came, the
+   advance with measured tread, to the music of the band in front, and
+   notwithstanding the mire which had to be waded through, the line went
+   on at quiet pace, and with admirable order, but there was no effort
+   at anything like semi-military swagger or pompous demonstration.
+   Every window along the route of the procession was fully occupied by
+   male and female spectators, all wearing green ribbons and crape, and
+   in front of several of the houses black drapery was suspended. The
+   tide of men, women, and children continued to roll on in the
+   drenching rain, but nearly all the fair processionists carried
+   umbrellas. It was not till the head of the vast moving throng had
+   reached James's-gate that anything like a just conception could be
+   formed of its magnitude, as it was only now that it was beginning to
+   get into regular shape and find room to extend itself. The persons
+   whose duty it was to keep the several parts of the procession well
+   together had no easy part to play, as the line had to be repeatedly
+   broken to permit the ordinary carriage traffic of the streets to go
+   on with as little delay as possible. The <i>cortege</i> at this point
+   looked grand and solemn in the extreme because of its vastness, and
+   also because of all present appearing to be impressed with the one
+   idea. The gloomy, wet, and cheerless weather was quite in keeping
+   with the funeral march of 35,000 people. The bands were placed at
+   such proper distances that the playing of one did not interfere with
+   the other. After passing James's-gate the band in front ceased to
+   perform, and on passing the house 151 Thomas-street every head was
+   uncovered in honour of Lord Edward Fitzgerald, who was arrested and
+   mortally wounded by Major Sirr and his assistants in the front
+   bedroom of the second floor of that house. Such was the length of the
+   procession, that an hour had elapsed from the time its head entered
+   James's-street before the first hearse turned the corner of
+   Stevens'-lane. In the neighbourhood of St. Catherine's church a vast
+   crowd of spectators had settled down, and every available elevation
+   was taken possession of. At this point a large portion of the
+   streetway was broken up for the purpose of laying down water-pipes,
+   and on the lifting-crane and the heaps of earth the people wedged and
+   packed themselves, which showed at once that this was a great centre
+   of attraction&mdash;and it was, for here was executed the young and
+   enthusiastic Robert Emmet sixty-four years ago. When Allen, O'Brien,
+   and Larkin were condemned to death as political offenders, some of
+   the highest and the noblest in the land warned the government to
+   pause before the extreme penalty pronounced on the condemned men
+   would be carried into effect, but all remonstrance was in vain, and
+   on last Saturday fortnight, three comparatively unknown men in their
+   death passed into the ranks of heroes and martyrs, because it was
+   believed, and believed generally, that their lives were sacrificed to
+   expediency, and not to satisfy justice. The spot where Robert Emmet
+   closed his young life on a bloody scaffold was yesterday regarded by
+   thousands upon thousands of his countrymen and women as a holy place,
+   and all looked upon his fate as similar to that of the three men
+   whose memory they had assembled to honour, and whose death they
+   pronounced to be unjust. It would be hard to give a just conception
+   of the scene here, as the procession advanced and divided, as it
+   were, into two great channels, owing to the breaking up of the
+   streetway. On the advance of the <i>cortege</i> reaching the top of
+   Bridgefoot-street every head was uncovered, and nothing was to be
+   heard but the measured tread of the vast mass, but as if by some
+   secret and uncontrollable impulse a mighty, ringing, and enthusiastic
+   cheer, broke from the moving throng as the angle of the footway at
+   the eastern end of St. Catherine's church, where the scaffold on
+   which Emmet was executed stood, was passed. In that cheer there
+   appeared to be no fiction, as it evidently came straight from the
+   hearts of thousands, who waved their hats and handkerchiefs, as did
+   also the groups that clustered in the windows of the houses in the
+   neighbourhood. As the procession moved on from every part of it the
+   cheers rose again and again, men holding up their children, and
+   pointing out the place where one who loved Ireland, &quot;not wisely but
+   too well,&quot; rendered up his life. When the hearse with white plumes
+   came up bearing on the side draperies the words &quot;William P. Allen,&quot;
+   all the enthusiasm and excitement ceased, and along the lines of
+   spectators prayers for the repose of the soul of the departed man
+   passed from mouth to mouth; and a sense of deep sadness seemed to
+   settle down on the swaying multitude as the procession rolled along
+   on its way. After this hearse came large numbers of females walking
+   on bravely, apparently heedless of the muddy streets and the
+   unceasing rain that came down without a moment's intermission. When
+   the second hearse, bearing white plumes and the name of &quot;Michael
+   O'Brien&quot; on the side pendants, came up, again all heads were
+   uncovered, and prayers recited by the people for the everlasting rest
+   of the departed. Still onward rolled the mighty mass, young and old,
+   and in the entire assemblage was not to be observed a single person
+   under the influence of drink, or requiring the slightest interference
+   on the part of the police, whose exertions were altogether confined
+   to keeping the general thoroughfare clear of obstruction. Indeed,
+   justly speaking, the people required no supervision, as they seemed
+   to feel that they had a solemn duty to discharge. Fathers were to be
+   seen bearing in their arms children dressed in white and decorated
+   with green ribbons, and here, as elsewhere, was observed unmistakable
+   evidence of the deep sympathy of the people with the executed men.
+   This was, perhaps, more strikingly illustrated as the third hearse,
+   with sable plumes, came up bearing at either side the name of
+   &quot;Michael Larkin;&quot; prayers for his soul's welfare were mingled with
+   expressions of commiseration for his widow and children. At the
+   entrance to Cornmarket, where the streetway narrows, the crushing
+   became very great, but still the procession kept its onward course.
+   On passing the shop of Hayburne, who, it will be remembered, was
+   convicted of being connected with the Fenian conspiracy, a large
+   number of persons in the procession uncovered and cheered. In the
+   house of Roantree, in High-street, who was also convicted of
+   treason-felony, a harp was displayed in one of the drawingroom
+   windows by a lady dressed in deep mourning, and the procession loudly
+   cheered as it passed on its route.</p>
+
+<p>   Standing at the corner of Christchurch-place, a fine view could be
+   had of the procession as it approached Winetavern-street from
+   High-street. The compact mass moved on at a regular pace, while from
+   the windows on either side of the streets the well-dressed citizens,
+   who preferred to witness the demonstration from an elevated position
+   rather than undergo the fatigues and unpleasantness of a walk through
+   the city in such weather, eagerly watched the approach of the
+   procession. Under the guidance of the horsemen and those whose wands
+   showed it was their duty to marshal the immense throng, the
+   procession moved at an orderly pace down Winetavern-street, which,
+   spacious as it is, was in a few minutes absolutely filled with the
+   vast crowds. The procession again reached the quays, and moved along
+   Wood-quay and Essex-quay, and into Parliament-street, which it
+   reached at twenty minutes to two o'clock. Passing down
+   Parliament-street, and approaching the O'Connell statue, a number of
+   persons began to cheer, but this was promptly suppressed by the
+   leaders, who galloped in advance for some distance with a view to the
+   preservation of the mournful silence that had prevailed. This was
+   strictly enjoined, and the instruction was generally observed by the
+   processionists. The reverential manner in which the many thousands of
+   the people passed the statue of the Liberator was very observable. A
+   rather heavy rain was falling at the time, yet there were thousands
+   who uncovered their heads as they looked up to the statue which
+   expressed the noble attitude and features of O'Connell. As the
+   procession moved along through Dame-street the footways became
+   blocked up, and lines of cabs took up places in the middle of the
+   carriageway, and the police exercised a wise discretion in preventing
+   vehicles from the surrounding streets driving in amongst the crowds.
+   By this means the danger of serious accident was prevented without
+   any public inconvenience being occasioned, as a line parallel to that
+   which the procession was taking was kept clear for all horse
+   conveyances. Owing to the hour growing late, and a considerable
+   distance still to be gone over, the procession moved at a quick pace.
+   In anticipation of its arrival great crowds collected in the vicinity
+   of the Bank of Ireland and Trinity College, where the <i>cortege</i> was
+   kept well together, notwithstanding the difficulty of such a vast
+   mass passing on through the heart of the city filled at this point
+   with immense masses of spectators. Oil passing the old
+   Parliament-house numbers of men in the procession took of their hats,
+   but the disposition to cheer was suppressed, as it was at several
+   other points along the route. Turning down Westmoreland-street, the
+   procession, marshalled by Dr. Waters on horseback, passed slowly
+   along between the thick files of people on each side, most of whom
+   displayed the mourning and national symbols, black and green. The
+   spacious thoroughfare in a few minutes was filled with the dense
+   array, which in close compact ranks pressed on, the women, youths,
+   and children, bearing bravely the privations of the day, the bands
+   preceding and following the hearses playing the Dead March, the
+   solemn notes filling the air with mournful cadence. The windows of
+   the houses on each side of the street were filled with groups of
+   spectators of the strange and significant spectacle below. With the
+   dark masses of men, broken at intervals by the groups of females and
+   children, still stretched lengthily in the rere, the first section of
+   the procession crossed Carlisle-bridge, the footways and parapets of
+   which were thronged with people, nearly all of whom wore the usual
+   tokens of sympathy. Passing the bridge, a glance to the right, down
+   the river, revealed the fact that the ships, almost without
+   exception, had their flags flying half mast high, and that the
+   rigging of several were filled with seamen, who chose this elevated
+   position to get a glimpse of the procession as it emerged into
+   Sackville-street. Here the sight was imposing. A throng of spectators
+   lined each side of the magnificent thoroughfare, and the lofty houses
+   had their windows on each side occupied with spectators. Pressing
+   onwards with measured, steady pace, regardless of the heavy rain, the
+   cold wind, and the gloomy sky, the procession soon filled
+   Sackville-street from end to end with its dense dark mass, which
+   stretching away over Carlisle-bridge, seemed motionless in the
+   distance. The procession defiled to the left of the site of the
+   O'Connell monument at the head of the street, and the national
+   associations connected with this spot was acknowledged by the large
+   numbers of the processionists, who, with uncovered heads, marched
+   past, some expressing their feelings with a subdued cheer. The
+   foremost ranks were nearing Glasnevin when the first of the hearses
+   entered Sackville-street, which, at this moment, held a numberless
+   throng of people, processionists, and spectators, the latter, as at
+   all the other points of the route, exhibiting prominently the sable
+   and green emblems, which evidenced their approval of the
+   demonstration. The hearses slowly passed along, followed by the
+   mourning carriages, the bands playing alternately &quot;Adeste Fidelis&quot;
+   and the &quot;Dead March,&quot; and then followed the deep column of the
+   processionists, still marching onwards with unflagging spirit,
+   thousands seeming to be thoroughly soaked with the rain, which was
+   falling all the morning. Sackville-street was perhaps the best point
+   from which to get a correct notion of the enormous length of the
+   procession, and of the great numbers that accompanied it on its way
+   without actually entering the ranks. The base of the Nelson monument
+   was covered with spectators, and at the corners of Earl-street and
+   Henry-street there were stationary crowds, who chose these positions
+   to get a good view of the great display as it progressed towards
+   Cavendish-row. Through this comparatively narrow thoroughfare the
+   procession passed along into North Frederick-street and
+   Blessington-street, and thence by Upper Berkeley-street to the
+   Circular-road. Along this part of the route there were crowds of
+   spectators, male and female, most of whom wore the crape, and green
+   ribbons, all hurrying forward to the cemetery, the last stage of the
+   long and fatiguing journey of the procession. As the first part of
+   the array passed the Mater Misericordi&aelig; Hospital, and came in sight
+   of the Mountjoy Prison, they gave a cheer, which was caught up by
+   those behind, and as file after file passed the prison the cheers
+   were repeated. With unbroken and undiminished ranks the procession
+   pressed on towards Glasnevin; but when the head had reached the
+   cemetery, the closing section must have been far away in the city.
+   The first part of the procession halted outside the gate of the
+   cemetery, the spacious area in front of which was in a few moments
+   completely filled by the dense masses who came up. A move then became
+   necessary, and accordingly the procession recommenced its journey by
+   passing through the open gates of the cemetery down the pathways
+   leading to the M'Manus grave, followed by some of the bands playing
+   the &quot;Adeste Fidelis.&quot; As fast as the files passed through others
+   marched up, and when, after some time the carriage containing Mr.
+   John Martin arrived, the open ground fronting the cemetery was one
+   enormous mass of the processionists, while behind on the road leading
+   up to this point thousands were to be seen moving slowly forward to
+   the strains of the &quot;Dead March,&quot; given out by the bands immediately
+   in front of the hearses.</p>
+<br />
+
+<p>   MR. MARTIN'S ADDRESS.</p>
+
+<p>   On the arrival of the procession at the cemetery Mr. Martin was
+   hailed with loud applause. It being understood he would make some
+   observations, the multitude gathered together to hear him. He
+   addressed the vast multitude from the window of a house overlooking
+   the great open space in front of the cemetery. On presenting himself
+   he was received with enthusiastic cheering. When silence was obtained
+   he said:&mdash;&quot;Fellow-countrymen&mdash;This is a strange kind of funeral
+   procession in which we are engaged to-day. We are here, a vast
+   multitude of men, women, and children in a very inclement season of
+   the year, under rain and through mud. We are here escorting three
+   empty hearses to the consecrated last resting place of those who die
+   in the Lord (cheers). The three bodies that we would tenderly bear to
+   the churchyard, and would bury in consecrated ground with all the
+   solem rites of religion, are not here. They are away in a foreign and
+   hostile land (hear, hear), where they have been thrown into
+   unconsecrated ground, branded by the triumphant hatred of our enemies
+   as the vile remains of murderers (cries of 'no murderers,' and
+   cheers). Those three men whose memories we are here to-day to
+   honour&mdash;Allen, O'Brien, and Larkin&mdash;they were not murderers (great
+   cheering). [A Voice&mdash;Lord have mercy on them.] Mr. Martin&mdash;These men
+   were pious men, virtuous men&mdash;they were men who feared God and loved
+   their country. They sorrowed for the sorrows of the dear old native
+   land of their love (hear, hear). They wished, if possible, to save
+   her, and for that love and for that wish they were doomed to an
+   ignominious death at the hands of the British hangman (hear, hear).
+   It was as Irish patriots that these men were doomed to death
+   (cheers). And it was as Irish patriots that they met their death
+   (cheers). For these reasons, my countrymen, we here to-day have
+   joined in this solemn procession to honour their memories (cheers).
+   For that reason we say from our hearts, 'May their souls rest in
+   peace' (cries of Amen, and cheers). For that reason, my countrymen,
+   we join in their last prayer, 'God save Ireland' (enthusiastic
+   cheering). The death of these three men was an act of English policy.
+   [Here there was some interruption caused by the fresh arrivals and
+   the pushing forward.] I beg of all within reach of my voice to end
+   this demonstration as we have carried it through to the present time,
+   with admirable patience, in the best spirit, with respect, silence
+   and solemnity, to the end (cheers, and cries of 'we will'). I say the
+   death of these men was a legal murder, and that legal murder was an
+   act of English policy (cheers)&mdash;of the policy of that nation which
+   through jealousy and hatred of our nation, destroyed by fraud and
+   force our just government sixty-seven years ago (cheers). They have
+   been sixty-seven sad years of insult and robbery&mdash;of
+   impoverishment&mdash;of extermination&mdash;of suffering beyond what any other
+   subject people but ours have ever endured from the malignity of
+   foreign masters (cheers). Nearly through all these years the Irish
+   people continued to pray for the restoration of their Irish national
+   rule. They offered their forgiveness to England. They offered even
+   their friendship to England if she would only give up her usurped
+   power to tyrannise over us, and leave us to live in peace, and as
+   honourable neighbours. But in vain. England felt herself strong
+   enough to continue to insult and rob us, and she was too greedy and
+   too insolent to cease from robbing and insulting us (cheers). Now it
+   has come to pass as a consequence of that malignant policy pursued
+   for so many long years&mdash;it has come to pass that the great body of
+   the Irish people despair of obtaining peaceful restitution of our
+   national rights (cheers). And it has also come to pass that vast
+   numbers of Irishmen, whom the oppression of English rule forbade to
+   live by honest industry in their own country, have in America learned
+   to become soldiers (cheers). And those Irish soldiers seem resolved
+   to make war against England (cheers). And England is in a panic of
+   rage and fear in consequence of this (loud cheers). And being in a
+   panic about Fenianism, she hopes to strike terror into her Irish
+   malcontents by a legal murder (loud cheers). England wanted to show
+   that she was not afraid of Fenianism&mdash;[A Voice&mdash;'She will be.'] And
+   she has only shown that she is not afraid to do injustice in the face
+   of Heaven and of man. Many a wicked statute she has framed&mdash;many a
+   jury she has packed, in order to dispose of her Irish political
+   offenders&mdash;but in the case of Allen, O'Brien, and Larkin, she has
+   committed such an outrage on justice and decency as to make even many
+   Englishmen stand aghast. I shall not detain you with entering into
+   details with which you are all well acquainted as to the shameful
+   scenes of the handcuffing of the untried prisoners&mdash;as to the
+   shameful scenes of the trial up to the last moment, when the three
+   men&mdash;our dearly beloved Irish brethren, were forced to give up their
+   innocent lives as a sacrifice for the cause of Ireland (loud cheers);
+   and, fellow-countrymen, these three humble Irishmen who represented
+   Ireland on that sad occasion demeaned themselves as Christians, as
+   patriots, modestly, courageously, piously, nobly (loud cheers). We
+   need not blush for them. They bore themselves all through with a
+   courage worthy of the greatest heroes that ever obtained glory upon
+   earth. They behaved through all the trying scenes I referred to with
+   Christian patience&mdash;with resignation to the will of God&mdash;(hear,
+   hear)&mdash;with modest, yet proud and firm adherence to principle
+   (cheers). They showed their love to Ireland and their fear of God
+   from the first to the last (cheers). It is vain for me to attempt to
+   detain you with many words upon this matter. I will say this, that
+   all who are here do not approve of the schemes for the relief of
+   Ireland that these men were supposed to have contemplated; but all
+   who love Ireland, all generous, Christian men, and women, and
+   children of Ireland&mdash;all the children growing up to be men and women
+   of Ireland (hear, hear)&mdash;all those feel an intense sympathy, an
+   intense love for the memories of these three men whom England has
+   murdered in form of law by way of striking terror into her Irish
+   subjects. Fellow-countrymen, it is idle almost for me to persist in
+   addressing weak words of mine to you&mdash;for your presence here
+   to-day&mdash;your demeanour all through&mdash;the solemn conduct of the vast
+   multitude assembled directly under the terrorism of a hostile
+   government&mdash;say more than the words of the greatest orator&mdash;more than
+   the words of a Meagher could say for you (cheers). You have behaved
+   yourselves all through this day with most admirable spirit as good
+   Irishmen and women&mdash;as good boys and girls of holy Ireland ought to
+   be (cheers), and I am sure you will behave so to the end (cries of
+   yes, yes). This demonstration is mainly one of mourning for the fate
+   of these three good Irishmen (cheers), but fellow-countrymen, and
+   women, and boys, and girls, it is also one of protest and indignation
+   against the conduct of our rulers (hear, hear, and cheers) Your
+   attendance here to-day is a sufficient protest. Your orderly
+   behaviour&mdash;your good temper all through this wretched weather&mdash;your
+   attendance here in such vast numbers for such a purpose&mdash;avowedly and
+   in the face of the terrorism of the government, which falls most
+   directly upon the metropolis&mdash;that is enough for protest. You in your
+   multitudes, men, women, and children, have to-day made that protest.
+   Your conduct has been admirable for patience, for good nature, for
+   fine spirit, for solemn sense of that great duty you were resolved to
+   do. You will return home with the same good order and
+   inoffensiveness. You will join with me now in repeating the prayer of
+   the three martyrs whom we mourn&mdash;'God save Ireland!' And all of you,
+   men, women, and boys and girls that are to be men and women of holy
+   Ireland, will ever keep the sentiment of that prayer in your heart of
+   hearts.&quot; Mr. Martin concluded amid enthusiastic cheering.</p>
+
+<p>   At the conclusion of his address, Mr. Martin, accompanied by a large
+   body of the processionists, proceeded to the cemetery, where Mr.
+   Martin visited the grave of Terence Bellew M'Manus. The crowds walked
+   around the grave as a mark of respect for the memory of M'Manus. Mr.
+   Martin left the cemetery soon after, end went to his carriage; the
+   people gathered about him and thanked him, and cheered him loudly.
+   The vast assemblage dispersed in the most orderly and peaceful
+   manner, and returned to their homes. They had suffered much from the
+   severity of the day, but they exhibited to the end the most
+   creditable endurance and patience. In the course of an hour the roads
+   were cleared and the city soon resumed its wonted quiet
+   aspect.[Footnote: In consequence of some vile misstatements in the
+   government press, which represented the crowd to have not only
+   behaved recklessly, but to have done considerable damaged to the
+   graves, tombs, shrubs, and fences in the cemetery, Mr. Coyle,
+   secretary to the Cemetery Board, published in the <i>Freeman</i> an
+   official contradiction, stating that not one sixpence worth of damage
+   had been done. It is furthermore worthy of note, that at the city
+   police offices next morning not one case arising out of the
+   procession was before the magistrates, and the charges for
+   drunkenness were one-fourth below the average on Mondays!]</p></div>
+
+<p>Of the numbers in the procession &quot;An Eye-witness,&quot; writing in the
+<i>Freeman</i>, says:&mdash;</p>
+
+
+<div class='blkquot'><p>The procession took one hour and forty minutes to pass the Four
+   Courts. Let us assume that as the average time in which it would pass
+   any given point, and deduct ten minutes for delays during that time.
+   If, then, it moved at the rate of two and a-half miles per hour, we
+   find that its length, with those suppositions, would be three and
+   three-quarters miles. From this deduct a quarter of a mile for breaks
+   or discrepancies, for we find the length of the column, if it moved
+   in a continuous line, to be three and a-half miles. We may now
+   suppose the ranks to be three feet apart, and consisting of ten in
+   each, at an average. The total number is therefore easily obtained by
+   dividing the product of 3&frac12; and 5,280 by 3, and multiplying the
+   quotient by 10. This will give as a result 61,600 which, I think, is
+   a fair approximation to the number of people in the procession alone.</p></div>
+
+<p>Even in the columns of the <i>Irish Times</i> a letter appeared giving an
+honest estimate of the numbers in the procession. It was signed
+&quot;T.M.G.,&quot; and said:&mdash;</p>
+
+<div class='blkquot'><p>I believe there was not fewer than 60,000 persons taking part in the
+   procession on Sunday. My point of observation was one of the best in
+   the city, seeing, as I could, from the entrance to the Lower Castle
+   Yard to the College Gates. I was as careful in my calculation as an
+   almost quick march would allow. There were also a few horsemen, three
+   hearses, and sixty-one hired carriages, cabs, and cars. A
+   correspondent in your columns this morning speaks of rows of from
+   four to nine deep; I saw very many of from ten to sixteen deep,
+   especially among the boys. The procession, took exactly eighty
+   minutes to pass this. There were several thousand onlookers within my
+   view.</p></div>
+
+<p>Of the ladies in the procession the <i>Freeman's Journal </i> bore the
+following testimony, not more generous than truthful:&mdash;</p>
+
+<div class='blkquot'><p>The most important physical feature was not, however, the respectable
+   dress, the manly bearing, the order, discipline, and solemnity of the
+   men, but the large bodies of ladies who, in rich and costly attire,
+   marched the whole length of the long route, often ankle deep in mud,
+   utterly regardles of the incessant down-pour of rain which deluged
+   their silks and satins, and melted the mourning crape till it seemed
+   incorporated with the very substance of the velvet mantles or rich
+   shawls in which so many of the fair processionists were enveloped. In
+   vain did well-gloved hands hold thousands of green parasols and
+   umbrellas over their heads as they walked four and five deep through
+   the leading thoroughfares yesterday. The bonnets with their 'green
+   and crape' were alone defensible, velvets and Paisleys, silks and
+   satins, met one common fate&mdash;thorough saturation. Yet all this and
+   more was borne without a murmur. These ladies, and there were many
+   hundreds of them, mingled with thousands in less rich attire, went
+   out to cooperate with their fathers, brothers, and sweethearts in
+   honouring three men who died upon the ignominious gallows, and they
+   never flinched before the torrents, or swerved for an instant from
+   the ranks. There must be some deep and powerful influence underlying
+   this movement that could induce thousands of matrons and girls of
+   from eighteen to two and-twenty, full of the blushing modesty that
+   distinguishes Irishwomen, to lay aside their retiring characteristics
+   and march to the sound of martial music through every thoroughfare in
+   the metropolis of this country decked in green and crape.</p></div>
+
+<p>The Dublin correspondent of the <i>Tipperary Free Press</i> referred to the
+demonstration as follows:&mdash;</p>
+
+<div class='blkquot'><p>Arrived in Sackville-street we were obliged to leave our cab and
+   endeavour, on foot, to force a way to our destination. This
+   magnificent street was crowded to repletion, and the approaches to
+   Beresford-place were 'black with people.' It was found necessary,
+   owing to the overwhelming numbers that assembled, to start the
+   procession before the hour named for its setting forth, and so it was
+   commenced in wonderful order, considering the masses that had to be
+   welded into shape. Marshals on foot and on horseback proceeded by the
+   side of those in rank and file, and they certainly wore successful in
+   preserving regularity of procedure. Mourning coaches and cabs
+   followed, and after each was a procession of women, at least a
+   thousand in number. Young and old were there&mdash;all decked in some
+   shape or other with green; many green dresses&mdash;some had green
+   feathers in their hats, but all had green ribbons prominently
+   displayed. The girls bore all the disagreeability of the long route
+   with wonderful endurance; it was bitterly cold&mdash;a sleety rain fell
+   during the entire day, and the roads were almost ankle deep in
+   mud&mdash;yet when they passed me on the return route they were apparently
+   as unwearied as when I saw them hours before. As the procession
+   trooped by&mdash;thousand after thousand&mdash;there was not a drunken man to
+   be seen&mdash;all were calm and orderly, and if they were, as many of them
+   were&mdash;soaked through&mdash;wet to the skin&mdash;they endured the discomfiture
+   resolutely. The numbers in the procession have been variously
+   estimated, but in my opinion there could not have been less than
+   50,000. But the demonstration was not confined to the processionists
+   alone; they walked through living walls, for along the entire route a
+   mass of people lined the way, the great majority of whom wore some
+   emblem of mourning, and every window of every house was thronged with
+   ladies and children, nearly all of whom were decorated. All semblance
+   of authority was withdrawn from sight, but every preparation had been
+   made under the personal direction of Lord Strathnairn, the
+   commander-in-chief, for the instant intervention of the military, had
+   any disturbances taken place. The troops were confined to barracks
+   since Saturday evening; they were kept in readiness to march at a
+   moment's notice; the horses of the cavalry were saddled all day long,
+   and those of the artillery were in harness. A battery of guns was in
+   the rere yard of the Four Courts, and mounted orderlies were
+   stationed at arranged points so as to convey orders to the different
+   barracks as speedily as possible. But, thanks to Providence, all
+   passed off quietly; the people seemed to feel the responsibility of
+   their position, and accordingly not even an angry word was to be
+   heard throughout the vast assemblage that for hours surged through
+   the highways of the city.</p></div>
+
+<p>The <i>Ulster Observer</i>, in the course of a beautiful and sympathetic
+article, touched on the great theme as follows:&mdash;</p>
+
+<div class='blkquot'><p>The main incidents of the singular and impressive event are worthy of
+   reflection. On a cold December morning, wet and dreary as any morning
+   in December might be, vast crowds assembled in the heart of Dublin to
+   follow to consecrated ground the empty hearses which bore the names
+   of the Irishmen whom England doomed to the gallows as murderers. The
+   air was piercingly chill, the rain poured down in torrents, the
+   streets were almost impassable from the accumulated pools of mingled
+   water and mud, yet 80,000 people braved the inclemency of the
+   weather, and unfalteringly carried out the programme so fervently
+   adopted. Amongst the vast multitude there were not only stalwart men,
+   capable of facing the difficulties of the day, but old men, who
+   struggled through and defied them; and, strangest of all, 'young
+   ladies, clothed in silk and velvet,' and women with tender children
+   by their sides, all of whom continued to the last to form a part of
+   the <i>cortege</i>, although the distance over which it passed must have
+   taxed the strongest physical energy. What a unanimity of feeling, or
+   rather what a naturalness of sentiment does not this wonderful
+   demonstration exhibit? It seems as if the 'God save Ireland' of the
+   humble successors of Emmet awoke in even the breast of infancy the
+   thrill which must have vibrated sternly and strongly in the heart of
+   manhood. Without exalting into classical grandeur the simple and
+   affectionate devotion of a simple and unsophisticated people, we
+   might compare this spectacle to that which ancient Rome witnessed,
+   when the ashes of Germanicus were borne in solemn state within her
+   portals. There were there the attendant crowd of female mourners, and
+   the bowed heads and sorrowing hearts of strong men. If the Irish
+   throngs had no hero to lament, who sustained their glory in the
+   field, and gained for them fresh laurels of victory, theirs was at
+   least a more disinterested tribute of grief, since it was paid to the
+   unpretending merit which laid down, life with the simple prayer of
+   'God save Ireland!' Amidst all the numerous thousands who proceeded
+   to Glasnevin, there was not, probably, one who would have sympathised
+   with any criminal offence, much less with the hideous one of murder.
+   And yet these thousands honoured and revered the memory of the men
+   condemned in England as assassins, and ignominiously buried in
+   felons' graves.</p></div>
+
+<p>This mighty demonstration&mdash;at once so unique, so solemn, so impressive,
+so portentous&mdash;was an event which the rulers of Ireland felt to be of
+critical importance. Following upon the Requiem Masses and the other
+processions, it amounted to a great public verdict which changed beyond
+all resistance the moral character of the Manchester trial and
+execution. If the procession could only have been called a &quot;Fenian&quot;
+demonstration, then indeed the government might hope to detract from its
+significance and importance. The sympathy of &quot;co-conspirators&quot; with
+fallen companions could not well be claimed as an index of general
+<i>public opinion</i>. But here was a demonstration notoriously apart from
+Fenianism, and it showed that a moral, a peaceable, a virtuous, a
+religious people, moved by the most virtuous and religious instincts,
+felt themselves coerced to execrate as a cowardly and revolting crime
+the act of state policy consummated on the Manchester gibbet. In fine,
+the country was up in moral revolt against a deed which the perpetrators
+themselves already felt to be of evil character, and one which they
+fain would blot for ever from public recollection.</p>
+
+<p>What was to be done? For the next ensuing Sunday similar demonstrations
+were announced in Killarney, Kilkenny, Drogheda, Ennis, Clonmel,
+Queenstown, Youghal, and Fermoy&mdash;the preparations in the first named
+town being under the direction of, and the procession about to be led
+by, a member of parliament, one of the most distinguished and
+influential of the Irish popular representatives&mdash;The O'Donoghue. What
+was to be done? Obviously, as the men had been hanged, there could be no
+halting halfway now. Having gone so far, the government seemed to feel
+that it must need go the whole way, and choke off, at all hazards, these
+inconvenient, these damnatory public protests. No man must be allowed to
+speak the Unutterable Words, which, like the handwriting on the wall in
+the banquetting hall of Belshazzar, seemed ever to be appearing before
+the affrighted consciences of Ireland's rulers. Be it right or be it
+wrong, be it justice or be it murder, the act must now be upheld&mdash;in
+fact, must not be alluded to. There must be <i>silence</i> by law, on what
+had been done beneath the Manchester gallows-tree.</p>
+
+<p>But here there presented itself a difficulty. Before the government had
+any idea that the public revulsion would become so alarmingly extensive,
+the responsible ministers of the crown, specifically interrogated on the
+point, had, as we have seen, declared the funeral processions not to be
+illegal, and how, now, could the government interpose to prevent them?
+It certainly was a difficulty which there was no way of surmounting save
+by a proceeding which in any country constitutionally governed would
+cost its chief authors their lives on impeachment. The government,
+notwithstanding the words of its own responsible chiefs&mdash;<i>on the faith
+of which the Dublin procession was held, and numerous others were
+announced</i>&mdash;decided to treat as illegal the proceedings they had but a
+week before declared to be <i>not</i> illegal; decided to prosecute the
+processionists who had acted on the government declarations; and decided
+to prevent, by sabre and cannon&mdash;by slaughter if necessary&mdash;the further
+processions announced in Killarney, Clonmel, Kilkenny, and elsewhere!</p>
+
+<p>On the evening of Thursday, the 12th December, Dublin city was flung
+into the most intense excitement by the issue of the following
+Government Proclamation:&mdash;</p>
+
+<hr style='width: 45%;' />
+
+<div class='blkquot'><h2>BY THE LORD LIEUTENANT AND COUNCIL OF IRELAND.</h2>
+
+<h2>A PROCLAMATION.</h2>
+
+<p>   ABERCORN.</p>
+
+<p>   Whereas it has been publicly announced that a meeting is to assemble
+   in the city of <i>Kilkenny</i>, and that a procession is to take place
+   there on Sunday, 15th day of December instant:</p>
+
+<p>   And whereas placards of the said intended meeting and procession have
+   been printed and circulated, stating that the said intended
+   procession is to take place in honour of certain men lately executed
+   in Manchester for the crime of murder, and calling upon Irishmen to
+   assemble in thousands for the said procession:</p>
+
+<p>   And whereas meetings and processions of large numbers of persons have
+   been already held and have taken place in different parts of the
+   United Kingdom of Great Britain and Ireland under the like pretence,
+   at some of which, and particularly at a meeting and procession in the
+   city of Dublin, language of a seditious and inflammatory character
+   has been used, calculated to excite discontent and disaffection in
+   the minds of her Majesty's subjects, and to create ill-will and
+   animosity amongst them, and to bring into hatred and contempt the
+   government and constitution of the country as by law established:</p>
+
+<p>   And whereas the said intended meeting and procession, and the objects
+   of the persons to be assembled, and take part therein, are not legal
+   or constitutional, but are calculated to bring into hatred and
+   contempt the government of the United Kingdom as by law established,
+   and to impede the administration of justice by intimidation, and the
+   demonstration of physical force.</p>
+
+<p>   Now we, the Lord Lieutenant and General Governor of Ireland, by and
+   with the advice of her Majesty's Privy Council in Ireland, being
+   satisfied that such meetings and processions as aforesaid can only
+   tend to serve the ends of factious, seditions, and traitorous
+   persons, and to the violation of the public peace, do hereby caution
+   and forewarn all persons whomsoever that they do abstain from
+   assembling at any such meeting, and from joining or taking part in
+   any such procession.</p>
+
+<p>   And we do hereby order and enjoin all magistrates and officers
+   entrusted with the preservation of the public peace, and others whom
+   it may concern, to aid and assist the execution of the law, in
+   preventing the said intended meeting and procession, and in the
+   effectual suppression of the same.</p>
+
+<p>   Given at the Council Chamber in Dublin, this Twelfth day of
+   December, 1807.</p>
+<br />
+
+<p>   RICHARD C. DUBLIN.
+   A. BREWSTER, C.
+   MAYO.
+   STRATHNAIRN.
+   FRED. SHAW.
+   R. KEATINGE.
+   WILLIAM KEOGH.
+   JOHN E. WALSH.
+   HEDGES EYRE CHATTERTON.
+   ROBERT R. WARREN.</p></div>
+
+<p>Everybody knew what this proclamation meant. It plainly enough announced
+that not only would the further demonstrations be prevented, but that
+the Dublin processionists were to feel &quot;the vengeance of the law&quot;&mdash;that
+is the vengeance of the Manchester executioners. Next day the city was
+beset with the wildest rumours as to the arrests to be made or the
+prosecutions to be commenced. Everyone seemed to conclude of course that
+Mr. John Martin, Mr. A.M. Sullivan, and the Honorary Secretaries of the
+Procession Committee, were on the crown prosecutor's list; but besides
+these the names of dozens of gentlemen who had been on the committee, or
+who had acted as stewards, marshals, &amp;c., at the funeral, were likewise
+mentioned. On Saturday it became known that late on the previous evening
+crown summonses had been served on Mr. J.J. Lalor, Dr. J.C. Waters, and
+Mr. James Scanlan, requiring them to attend on the following Tuesday at
+the Head Police Office to answer informations sworn against them for
+taking part in an &quot;illegal procession&quot; and a &quot;seditious assembly.&quot; A
+summons had been taken out also against Mr. Martin; but as he had left
+Dublin for home on Friday, the police officers proceeded after him to
+Kilbroney, and &quot;served&quot; him there on Saturday evening.</p>
+
+<p>Beside and behind this open move was a secret castle plot so utterly
+disreputable that, as we shall see, the Attorney-General, startled by
+the shout of universal execration which it elicited, sent his official
+representative into public court to repudiate it as far as <i>he</i> was
+concerned, and to offer a public apology to the gentlemen aggrieved by
+it. The history of that scandalous proceeding will appear in what
+follows.</p>
+
+<p>On Monday, 16th December, 1867, the Head Police Office, Exchange-court,
+Dublin, presented an excited scene. The daily papers of the day report
+the proceedings as follows:&mdash;</p>
+
+<div class='blkquot'><p>At one o'clock, the hour appointed by the summons, the defendants
+   attended in court, accompanied by their professional advisers and a
+   number of friends, including Alderman Plunkett, Mr. Butler, T.C.; the
+   Rev. P. Langan, P.P., Ardcath; A.M. Sullivan, T.C.; T.D. Sullivan,
+   J.J. Lalor, &amp;c. Mr. Dix and Mr. Allen, divisional magistrates,
+   presided. Mr. James Murphy, Q.C., instructed by Mr. Anderson,
+   represented the crown. Mr. Heron, Q.C., and Mr. Molloy appeared for
+   J.J. Lalor. Mr. Crean appeared for Dr. Waters. Mr. Scallan appeared
+   as solicitor for J.J. Lalor and for Dr. Waters.</p>
+
+<p>   It was generally understood, on arrival at the Head-office, that the
+   cases would be heard in the usual court up stairs, and, accordingly,
+   the defendants and the professional gentlemen waited in the court for
+   a considerable time after one o'clock. It was then stated that the
+   magistrates would sit in another court down stairs, and all the
+   parties moved towards the door for the purpose of going there. Then
+   another arrangement was made, that the change would not take place,
+   and the parties concerned thereupon returned to their places. But in
+   a few minutes it was again announced that the proceedings would be in
+   the court down stairs. A general movement was made again by
+   defendants, by counsel, by solicitors, and others towards that court,
+   but on arriving at the entrances they were guarded by detectives and
+   police. The benches, which ought to have been reserved for the bar
+   and solicitors, and also for the press, were occupied by detectives,
+   and for a considerable time great difficulty was experienced in
+   getting places.</p>
+
+<p>   Mr. George M'Dermott, barrister, applied to the magistrates to assign
+   a place for the members of the bar.</p>
+
+<p>   Mr. Dix&mdash;I don't know that the bar, unless they are engaged in the
+   cases, have any greater privilege than anyone else. We have a
+   wretched court here.</p>
+
+<p>   Mr. M'Dermott said the bar was entitled to have room made for them
+   when it could be done.</p>
+
+<p>   Mr. W.L. Hackett&mdash;All the seats should not be occupied by policemen
+   to the exclusion of the bar.</p>
+
+<p>   Mr. Scallan, solicitor, who spoke from the end of the table,
+   said&mdash;Your worships, I am solicitor for one of the traversers, and I
+   cannot get near my counsel to communicate with him. The court is
+   filled with detectives.</p>
+
+<p>   Mr. Molloy&mdash;My solicitor has a right to be here; I want my solicitor
+   to be near me.</p>
+
+<p>   Mr. Dix&mdash;Certainly; how can men defend their clients if they are
+   inconvenienced.</p>
+
+<p>   An appeal was then made to the detectives who occupied the side bar
+   behind the counsel to make way.</p>
+
+<p>   Mr. Murphy, Q.C., said one was a policeman who was summoned. Mr.
+   Dix&mdash;The police have no right to take seats.</p>
+
+<p>   The detectives then yielded, and the professional gentlemen and the
+   reporters were accommodated.</p>
+
+<p>   Mr. Dix then called the cases.</p>
+
+<p>   Mr. Molloy&mdash;I appear with Mr. Heron, Q.C., on behalf of J.J. Lalor.</p>
+
+<p>   Mr. Crean&mdash;I appear for Dr. Waters.</p>
+
+<p>   Mr. John Martin&mdash;I appear on behalf of myself.</p>
+
+<p>   Mr. Crean&mdash;I understand there is an impression that Dr. Waters has
+   been summoned, but he has not.</p>
+
+<p>   Mr. Dix&mdash;If he appears that cures any defect.</p>
+
+<p>   Mr. Crean&mdash;I appear on his behalf, but I believe his personal
+   attendance is necessary.</p>
+
+<p>   Mr. Dix&mdash;Does anyone appear for Mr. Scanlan?</p>
+
+<p>   There was no answer.</p>
+
+<p>   Mr. Murphy, Q.C.&mdash;I ask whether Dr. Waters and Mr. Lalor appear in
+   court.</p>
+
+<p>   Mr. Molloy&mdash;My client Mr. Lalor, is in court.</p>
+
+<p>   Mr. Crean&mdash;I believe my client is not in court.</p>
+
+<p>   Mr. Murphy, Q.C.&mdash;I will prove the service of the summons against Dr.
+   Waters. If there is any defect in the summons it can be remedied. I
+   will not proceed against any person who does not appear.</p>
+
+<p>   Mr. Dix&mdash;Am I to take it there is no appearance for Dr. Waters or Mr.
+   Scanlan?</p>
+
+<p>   Mr. Crean&mdash;I appear for Dr. Waters. I believe he is not in court. It
+   was stated in the newspapers that he was summoned, but I am
+   instructed he has not been summoned at all.</p></div>
+
+<p>Mr. Murphy, Q.C., then proceeded in a careful and precise address to
+state the case for the crown. When he had concluded, and was about
+calling evidence, the following singular episode took place:&mdash;</p>
+
+<div class='blkquot'><p>Mr. Dix&mdash;You only proceed against two parties?</p>
+
+<p>   Mr. Murphy&mdash;I shall only proceed against the parties who
+   attend&mdash;against those who do not attend I shall not give evidence.</p>
+
+<p>   Mr. John Martin&mdash;If I am in order I would say, to save the time of
+   the court and to save the public money, that I would be very glad to
+   offer every facility to the crown. I believe, Sir, you (to Mr.
+   Murphy) are the crown?</p>
+
+<p>   Mr. Murphy&mdash;I represent the crown.</p>
+
+<p>   Mr. Martin&mdash;I will offer every facility to the crown for establishing
+   the facts both as to my conduct and my words.</p>
+
+<p>   Mr. A.M. Sullivan&mdash;I also will help you to put up some one, as you
+   seem scarce of the accused. I have been summoned myself&mdash;</p>
+
+<p>   Mr. Dix&mdash;Who are you?</p>
+
+<p>   Mr. Sullivan&mdash;My name is Alexander M. Sullivan, and, meaning no
+   disrespect to either of the magistrates, I publicly refuse even to
+   be sworn. I was present at the funeral procession&mdash;I participated in
+   it openly, deliberately, heartily&mdash;and I denounce as a personal and
+   public outrage the endeavour to degrade the national press of this
+   country by attempting to place in the light of&mdash;</p>
+
+<p>   Mr. Dix&mdash;I cannot allow this. This is not a place for making
+   speeches. I understand you are not summoned here at all.</p>
+
+<p>   Mr. Murphy&mdash;He is only summoned as a witness.</p>
+
+<p>   Mr. Dix&mdash;When you (to Mr. Sullivan) are called on will be the time to
+   hear you, not now.</p>
+
+<p>   Mr. Sullivan&mdash;I ask your worship, with your usual courtesy, to hear
+   me while I complain publicly of endeavouring to place the editor of a
+   national journal on the list of crown witnesses in this court as a
+   public and personal indignity&mdash;and as an endeavour to destroy the
+   influence of that national press, whose power they feel and fear, but
+   which they dare not prosecute. I personally complain&mdash;</p>
+
+<p>   Mr. Murphy&mdash;I don't know that this should be permitted.</p>
+
+<p>   Mr. Sullivan&mdash;Don't interrupt me for a moment.</p>
+
+<p>   Mr. Dix&mdash;Mr. Sullivan wants to have himself included in the summons
+   and charge.</p>
+
+<p>   Mr. Murphy&mdash;That cannot be done at present.</p>
+
+<p>   Mr. Sullivan&mdash;With one sentence I will conclude.</p>
+
+<p>   Mr. Murphy&mdash;I don't intend to have you called as a witness&mdash;</p>
+
+<p>   Mr. Sullivan&mdash;It is an endeavour to accomplish my imprisonment for
+   contempt, when the government &quot;willing to wound, afraid to strike,&quot;
+   know that they dare not accuse me as a Fenian&mdash;</p>
+
+<p>   Mr. Dix&mdash;You are not here as a Fenian.</p>
+
+<p>   Mr. Sullivan&mdash;For a moment. Knowing well, your worship, that they
+   could not get in all Ireland a jury to convict me, to secure my
+   imprisonment openly and fairly, they do this. I now declare that I
+   participated in that funeral, and I defy those who were guilty of
+   such cowardice as to subpoena me as a crown witness (applause).</p>
+
+<p>   Mr. Crean&mdash;I perceive that my client, Dr. C. Waters, is now in court.
+   In order to facilitate business, I shall offer no further objection;
+   but, as a matter of fact, he was not summoned.</p></div>
+
+<p>Then the case proceeded, the police giving their evidence on the whole
+very fairly, and testifying that the procession was one of the most
+peaceable, orderly, solemn, and impressive public demonstrations ever
+seen in Dublin. Against Mr. Martin it was testified that he marched at
+the head of the procession arm-in-arm with Mr. A.M. Sullivan and another
+gentleman; and that he delivered the memorable speech at the cemetery
+gate. Against Dr. Waters and Mr. Lalor it was advanced that they were
+honorary secretaries of the funeral committee, and had moreover acted,
+the former as a marshal, the latter as a steward in the procession. It
+was found, however, that the case could not be closed that day; and
+accordingly, late in the evening, the magistrates intimated that they
+would adjourn over to next morning. Suddenly from the body of the court
+is heard a stentorian voice:&mdash;</p>
+
+<div class='blkquot'><p>Mr. Bracken&mdash;I am summoned here as a crown witness. My name is Thomas
+   Bracken. I went, heart and soul into that procession (applause)&mdash;</p>
+
+<p>   Mr. Anderson, junior&mdash;I don't know this gentleman.</p>
+
+<p>   Mr. Bracken&mdash;I am very proud that neither you nor any one like you
+   knows me (applause).</p>
+
+<p>   Mr. Dix&mdash;I cannot hear you.</p>
+
+<p>   Mr. Bracken&mdash;I have been brought here as a crown witness away from my
+   business, and losing my time here.</p>
+
+<p>   Mr. Donal Sullivan&mdash;I am another, and I avow myself in the same way.</p>
+
+<p>   Several voices&mdash;&quot;So am I.&quot;</p>
+
+<p>   Mr. Bracken&mdash;I want to know why I should be taken from my business,
+   by which I have to support my family, and put me before the eyes of
+   my countrymen as a crown witness (applause)? I went heart and soul
+   into the procession, and I am ready to do the same to-morrow, and
+   abide by the consequences (applause). It is curious that the
+   government should point me out as a crown witness.</p>
+
+<p>   Mr. Murphy&mdash;I ask for an adjournment till to-morrow.</p>
+
+<p>   Mr. Dix&mdash;It is more convenient to adjourn now.</p>
+
+<p>   Mr. Martin&mdash;I don't want to make any insinuations against the
+   gentlemen who represent the crown, nor against the police, but I
+   mention the fact, in order that they may relieve themselves from the
+   odium which would attach to them if they cannot explain it. This
+   morning a paragraph appears in one of the principal Dublin daily
+   papers, the <i>Irish Times</i>, in which it is said that I, John Martin,
+   have absconded; I must presume that the information was supplied to
+   that paper either by the crown representatives or by the police.</p>
+
+<p>   Mr. Murphy, Q.C.&mdash;It is right to state, so far as I am informed, that
+   an endeavour was made to serve Mr. Martin in Dublin. When the
+   summonses were issued he was not in Dublin, but had gone down to the
+   country, either to his own or the house of his brother, or&mdash;</p>
+
+<p>   Mr. Ross Todd, who sat beside Mr. Martin, here jumped up and said,
+   &quot;To his own house, sir, to his own house&quot;&mdash;</p>
+
+<p>   Mr. Murphy&mdash;Very well. A constable was sent down there, and saw Mr.
+   Martin, and he reported that Mr. Martin said he would attend
+   forthwith.</p>
+
+<p>   Mr. Dix&mdash;And he has done so?</p>
+
+<p>   Mr. Murphy&mdash;I have no other knowledge. It was briefed to me that Mr.
+   Martin said he would attend forthwith.</p>
+
+<p>   Mr. Martin&mdash;I am glad I have given the representatives of the crown
+   an opportunity of making that statement. But I cannot understand how,
+   when the representatives of the crown had the information, and when I
+   told the constables I would attend&mdash;as I have done at great
+   inconvenience and expense to myself&mdash;I cannot understand how a
+   newspaper should come to say I had absconded.</p>
+
+<p>   Mr. Murphy&mdash;I cannot understand it either; I can only tell the facts
+   within my own knowledge.</p>
+
+<p>   Mr. Molloy said it seemed very extraordinary that witnesses should be
+   summoned, and the crown say they were not.</p>
+
+<p>   Mr. Sullivan wished his summons to be examined. Did the magistrates
+   sign it?</p>
+
+<p>   Mr. Dix&mdash;Unless I saw the original I could not say.</p>
+
+<p>   Mr. J.J. Lalor&mdash;Sir John Gray has been summoned as a witness, too. It
+   is monstrous.</p>
+
+<p>   Sir John Gray, M.P.&mdash;I wish to state to your worship the unpleasant
+   circumstances under which I find myself placed. At an advanced hour
+   on Saturday I learned that the crown intended to summon as witnesses
+   for the prosecution some of the gentlemen connected with my
+   establishment. I immediately communicated with the crown prosecutor,
+   and said it was unfair towards these gentlemen to have them placed in
+   such an odious position, and that their refusal to act as crown
+   witnesses might subject them to serious personal consequences; I said
+   it would not be right of me to allow any of the gentlemen of my
+   establishment to subject themselves to the consequences of such
+   refusal, as I knew well they would all refuse. I suggested, if any
+   unpleasant consequences should follow, they should fall on the head
+   of the establishment alone (applause). I said &quot;summon me, and deal
+   with me.&quot; I am here now, sir, to show my respect for you personally
+   and for this court; but I wish to state most distinctly that I will
+   never consent to be examined as a crown witness (applause).</p>
+
+<p>   Mr. Anderson, jun., here interposed.</p>
+
+<p>   Sir John Gray&mdash;I beg your pardon. I am addressing the bench, and I
+   hope I won't be interrupted. Some of my family are going to-night to
+   England to spend the Christmas with my son. I intend to escort them.
+   I will not be here to-morrow. I wish distinctly to state so. If I
+   were here, my respect for you and the bench, would induce me to be
+   present, but I would be present only to declare what I have already
+   stated, that I would not consent to be sworn or to give any evidence
+   whatever in this prosecution. I think it right to add that I attach
+   no blame whatever to the police authorities in this transaction. They
+   have, I am sure, performed their duty in this case with that
+   propriety which has always characterised their conduct. Neither do I
+   attach any blame to the crown prosecutor. I simply desire to state,
+   with the most profound respect for the bench and the court, that I
+   will not be a witness (loud applause).</p>
+
+<p>   Mr. Anderson&mdash;We don't intend to examine Sir John Gray, but I wish to
+   say that if the police believed any one could give important
+   evidence, it is a new proposition to me that it is an indignity upon
+   a man to summon him as a crown witness&mdash;</p>
+
+<p>   Mr. A.M. Sullivan&mdash;I say it is an indignity, and that the crown
+   solicitor should not seek to shift the responsibility on the police,
+   who only do what they are told.</p>
+
+<p>   Mr. Anderson&mdash;I am not trying to shift anything.</p>
+
+<p>   Mr. Sullivan&mdash;You are. You are trying to shift the responsibility of
+   having committed a gross indignity upon a member of parliament, upon
+   myself, and upon many honest men here.</p>
+
+<p>   Several persons holding up summonses said &quot;hear, hear,&quot; and &quot;yes.&quot;</p>
+
+<p>   Mr. Sullivan&mdash;This I charge to have been done by Mr. Anderson as his
+   base revenge upon honest men who bade him defiance. Mr. Anderson must
+   answer for this conduct. It is a vile conspiracy&mdash;a plot against
+   honest men, who here now to his face tell him they scorn and defy him
+   (applause).</p>
+
+<p>   Mr. Dix&mdash;I adjourn the case till one o'clock to-morrow.</p>
+
+<p>   The proceedings were then adjourned.</p></div>
+
+<p>So far have we quoted from the <i>Freeman's Journal</i>. Of the closing scene
+<i>Saunders's News-Letter</i>, grieving sorely over such a fiasco, gives the
+following account:&mdash;</p>
+
+<div class='blkquot'><p>The adjournment of the court was attended with a scene of tumult and
+   disorder that was rarely, or never, witnessed in a police court, in
+   presence of the magistrates and a large number of police&mdash;both
+   inspectors and detectives. The crowd of unwilling witnesses who had
+   been summoned to give evidence against the defendants, clamorously
+   protested against being brought there as crown witnesses, avowed that
+   they were present taking part in the procession, and loudly declared
+   that they would not attend at any subsequent hearing of the case. The
+   latter part of the case indeed was marked with frequent interruptions
+   and declarations of a similar kind, often very vociferously uttered.
+   The proceedings terminated amid the greatest and unchecked disorder.</p></div>
+
+<p>In plain words, &quot;Scene I, Act I,&quot; in what was meant to be a most solemn,
+awe-inspiring government function, turned out an unmistakable farce, if
+not a disastrous break down. Even the government journals themselves,
+without waiting for &quot;Scene II.,&quot; (though coming off immediately) raised
+a shout of condemnation of the discreditable bungle, and demanded that
+it should be forthwith abandoned. Considering the course ultimately
+taken by the government, these utterances of the government organs
+themselves, have a serious meaning and are of peculiar importance. The
+ultra-orange <i>Evening Mail</i> (Tuesday, 17th December,) said:&mdash;</p>
+
+<div class='blkquot'><h3>THE POLICE-COURT SCENE.</h3>
+
+<p>   The scenes of yesterday in the Dublin police-court will cause an
+   astonished public to put the question, is the government insane? They
+   suppress the processions one day, and on the next proceed with
+   deliberation to destroy all possible effect from such an act by
+   inviting the magistrates' court to be used as a platform from whence
+   a fresh roar of defiance may be uttered. The originators of the
+   seditious demonstrations are charged with having brought the
+   government of the kingdom into hatred and contempt; but what step
+   taken, or word spoken or written, from the date of the first
+   procession to the last, brought the government into anything like the
+   &quot;contempt&quot; into which it plunged itself yesterday? The prosecutions
+   now instituted are in themselves an act of utter weakness. We so
+   declared when we imagined that they would be at least rationally
+   conducted; but what is to be said now? It is literally impossible to
+   give any sane explanation of the course taken in summoning as a crown
+   witness one who must have been known to be prepared to boast of his
+   participation in the procession. Mr. Sullivan boldly bearded the
+   prosecutors of his brethren. It was a splendid opportunity for him.
+   &quot;I was present (he said) at that funeral procession. I participated
+   in it, deliberately and heartily. I call this a personal and public
+   outrage, to endeavour to drag the national press of this country&mdash;&quot;.
+   Timid and ineffectual attempts were made by the magistrate to protect
+   his court and position from insult, but Mr. Sullivan had the field,
+   and would hold it. &quot;He might help the crown to put some one else up,&quot;
+   he said, &quot;as they are scarce, perhaps, in accused.&quot; The summoning of
+   him was, he resumed, an &quot;attempt to destroy the national press, whose
+   power the crown feels and fears, but which they dare not prosecute.&quot;
+   Mr. Sullivan was suffered to describe the conduct of the crown
+   prosecutors at another stage as an &quot;infamous plot.&quot; The government
+   desired &quot;to accomplish his imprisonment; they were willing to wound
+   but afraid to strike.&quot; &quot;They knew (he added) that they would not get
+   a jury in all Ireland to agree to convict me; and I now characterise
+   the conduct of the crown as base and cowardly.&quot; Another witness, in a
+   halting way, entered a like protest against being supposed to have
+   sympathy with the crown in the case; and the net result was a very
+   remarkable triumph for what Mr. Sullivan calls the &quot;national
+   press&quot;&mdash;a title wholly misapplied and grossly abused. Are we to have
+   a succession of these &quot;scenes in court?&quot;</p></div>
+
+<p><i>Saunders's News-Letter</i> of the same date dealt with the subject as
+follows:&mdash;</p>
+
+<div class='blkquot'><p>The first step in what appears to be a very doubtful proceeding was
+   taken yesterday by the law advisers of the crown. We refer to the
+   prosecution instituted against the leaders and organisers of the
+   Fenian procession which took place in this city on Sunday, the 8th
+   instant, in honour of the memories of the men executed at Manchester
+   for murder. As to the character of that demonstration we never
+   entertained any doubt. But it must be remembered that similar
+   demonstrations had taken place a week previously in London, in
+   Manchester, and in Cork, and that not only did the authorities not
+   interfere to prevent them, but that the prime minister declared in
+   the House of Lords that they were not illegal. Lord Derby doubtless,
+   intended to limit his observations to the violition of the Party
+   Processions Act, without pronouncing any opinion as to the legality
+   or illegality of the processions, viewed under another aspect, as
+   seditious assemblies. But his language was calculated to mislead,
+   and, as a matter of fact, was taken by the Fenian sympathisers as an
+   admission that their mock funeral processions were not unlawful. It
+   is not to be wondered at, therefore, however much to be deplored,
+   that the disaffected portion of the population should have eagerly
+   taken advantage of Lord Derby's declaration to make a safe display of
+   their sympathies and of their strength. They were encouraged to do so
+   by the toleration already extended towards their fellows in England
+   and in Cork, as well as by the statement of the prime minister. Under
+   these circumstances the prosecution of persons who took part in the
+   Dublin procession, even as organisers of that proceeding, appears to
+   us to be a matter of doubtful policy. Mr. John Martin, the leader of
+   the movement, stands in a different position from his companions.
+   They confined themselves to walking in the procession; he delivered
+   an inflammatory and seditious speech, for which he alone is
+   responsible, and which might have been made the subject of a separate
+   proceeding against him. To do Mr. Martin justice, he showed no desire
+   to shirk the responsibility he has incurred. At the police-court,
+   yesterday, he frankly avowed the part he had taken in the procession,
+   and offered to acknowledge the speech which he delivered on that
+   occasion. If, however, the policy which dictated the prosecution be
+   questionable, there can be no doubt at all as to the objectionable
+   manner in which some of the persons engaged in it have
+   acted&mdash;assuming the statement to be true that Mr. Sullivan,
+   proprietor and editor of the <i>Nation</i> newspaper, and Sir John Gray,
+   proprietor of the <i>Freeman's Journal</i>, have been summoned as crown
+   witnesses. Who is responsible for this extraordinary proceeding it is
+   at present impossible to say. Mr. Murphy, Q.C., the counsel for the
+   crown, declared that he did not intend to examine Mr. Sullivan; Mr.
+   Anderson, the son of the crown solicitor, who appears to be entrusted
+   with the management of these prosecutions, denied that he had
+   directed the summonses to be served, and Mr. Dix, the magistrate,
+   stated that he had not signed them. Tot Mr. Sullivan produced the
+   summons requiring him to attend as a witness, and in the strongest
+   manner denounced the proceeding as a base and cowardly attempt on the
+   part of the government to imprison for contempt of court, a
+   &quot;national journalist&quot; whom they dared not prosecute. Sir John Gray,
+   ill less violent language, complained of an effort having been made
+   to place some of the gentlemen in his employment in the &quot;odious
+   position of crown witnesses,&quot; and stated that he himself had been
+   subpoenaed, but would decline to give evidence. We have not concealed
+   our opinion as to the proper way of dealing with Mr. Sullivan. As the
+   weekly disseminator of most exciting and inflammatory articles, he is
+   doing much to promote disaffection and encourage Fenianism. In no
+   other country in the world would such writing be tolerated for a day;
+   and, assuredly it ought not to be permitted in Ireland in perilous
+   and exciting times like the present. But if Mr. Sullivan has offended
+   against the law, let him be proceeded against boldly, openly, and
+   fairly. He has, we think, a right to complain of being summoned as a
+   witness for the crown; but the government have even more reason to
+   complain of the conduct of their servants in exposing them by their
+   blunders to ridicule and contempt. It is too bad that with a large
+   and highly-paid staff of lawyers and attorneys the government
+   prosecutions should be conducted in a loose and slovenly manner. When
+   a state prosecution has been determined upon, every step ought to be
+   carefully and anxiously considered, and subordinate officials should
+   not be permitted by acts of officious zeal to compromise their
+   superiors and bring discredit on the administration of the law.</p></div>
+
+<p>The Liberal-Conservative <i>Irish Times</i> was still more outspoken:&mdash;</p>
+
+<div class='blkquot'><p>While all commend the recent action of the government, and give the
+   executive full credit for the repression by proclamation of
+   processions avowedly intended to be protests against authority and
+   law, it is generally regretted that prosecutions should have been
+   instituted against some of those who had taken part in these
+   processions. Had these menacing assemblages been held after the
+   proclamations were issued, or in defiance of the authorities, the
+   utmost power should have been exerted to put them down, and the
+   terrors of the law would properly have been invoked to punish the
+   guilty. But, bearing in mind the fact that these processions had been
+   declared by the head of the government&mdash;expressing, no doubt, the
+   opinion entertained at that time by the law officers of the crown,
+   that these processions were &quot;not illegal&quot;&mdash;remembering, too, that
+   similar processions had been already held without the slightest
+   intimation of opposition on the part of government; and recollecting,
+   also, that the proclamation was everywhere implicitly obeyed, and
+   without the least wish to dispute it, we cannot avoid regretting that
+   the government should have been advised, at the last hour, to
+   institute prosecutions of such a nature. Once, however, it was
+   determined to vindicate the law in this way, the utmost care should
+   have been taken to maintain the dignity of the proceedings, and to
+   avoid everything calculated to create annoyance, irritation, or
+   offence. If we except the moderate and very able speech of Mr.
+   Murphy, Q.C., there is no one part of the proceedings in the
+   police-court which merits commendation. Some of the witnesses utterly
+   broke down; opportunity was given for utterances not calculated to
+   increase respect for the law; and disloyal sentiments were boldly
+   expressed and cheered until the court rang again. Great and serious
+   as was the mistake in not obtaining an accurate legal opinion
+   respecting the character of these meetings at the first, and then
+   prohibiting them, a far greater mistake is now, we think, committed
+   in instituting <i>these retrospective prosecutions</i>. For this mistake
+   the law officers of the crown must, we infer, be held responsible.
+   Were they men of energy and vigour, with the necessary knowledge of
+   the world, they would not have suffered the executive to permit
+   processions first, and then prohibit them, and at the same time try
+   men for participating in what had been pronounced not to be illegal.
+   We exonerate the attorney-general from the error of summoning to give
+   evidence persons who openly gloried in the part they had taken in
+   these meetings. To command the presence of such witnesses was of the
+   nature of an offence. There was no ground, for instance, for
+   supposing that Mr. Sullivan would have played the informer against
+   the friends who had walked with him in the procession&mdash;such is not
+   his character, his feeling, or his sense of honour. The summoning of
+   those who had moved with, and as part of, the multitude, to give
+   evidence against their fellows, was not only a most injudicious, but
+   a futile expedient, and naturally has caused very great
+   dissatisfaction and annoyance. The circumstance, however, proves that
+   the prosecutions was instituted without that exact care and minute
+   attention to all particulars which are necessary in a case of this
+   kind.</p></div>
+
+<p>Even the <i>Daily Express</i>, the, all-but subsidised, if not the secretly
+subsidised, organ of the ultra-orange section of the Irish
+administration, had to own the discomfiture of its patrons:&mdash;</p>
+
+<div class='blkquot'><p>Are our police offices to become a kind of national journals court?
+   Is the &quot;national press of Ireland&quot; then and there to bid for the
+   support immediately of the gallery, and more remotely of that portion
+   of the population which is humourously called the Irish Nation? These
+   speculations are suggested by a curious scene which took place at the
+   inquiry at the police office yesterday, and which will be found
+   detailed in another column. Mr. Sullivan, the editor of the <i>Nation</i>,
+   seized the opportunity of being summoned as a witness, to denounce
+   the government for not including him in the prosecution. He
+   complained &quot;of endeavouring to place the editor of a national journal
+   on the list of crown witnesses in this court as a public and
+   personal indignity,&quot; and as an endeavour to destroy the influence of
+   the national press. It is certainly an open avowal to declare that
+   the mere placing of the name of the editor of a &quot;national&quot; journal
+   upon the list of crown witnesses is an unparalleled wrong. But Sir
+   John Gray was still more instructive. From him we learn that a
+   witness summoned to assist the crown in the prosecution of sedition
+   is placed in an &quot;odious position.&quot; Odious it may be, but in the eyes
+   of whom? Surely not of any loyal subject? A paid informer, or
+   professional spy, may be personally odious in the eyes of those who
+   make use of his services. But we have yet to learn how a subject who
+   is summoned to come forward to assist the government fills an odious
+   position in the opinion of his loyal fellow-subjects. We should
+   rather have supposed him to be entitled to their gratitude. However
+   that may be, Sir John Gray came gallantly to the rescue of several
+   &quot;gentlemen connected with his establishment,&quot; whom, he was informed,
+   the government intended to summon as witnesses. This, he knew, they
+   would all refuse. &quot;I suggested, if any unpleasant consequences should
+   follow, that they should fall on the head of the establishment
+   alone.&quot; He called upon the authorities to summon him. We do complain
+   of our police-courts being made the scenes of open avowals of
+   determination to thwart, or, at least, not to assist the government
+   in their endeavours to prosecute treason and sedition. We can imagine
+   no principle on which a subject could object to assisting the crown
+   as a witness, which, if followed to its logical consequences, would
+   not justify open rebellion. It is certainly a dangerous doctrine to
+   preach that it is allowable, nay, even praiseworthy in a subject to
+   refuse to give evidence when called upon to do so by the crown. There
+   is a disposition too prevalent in this country to regard the law as
+   an enemy, and opposition to it, either by passive obstruction or
+   active rebellion, as a praiseworthy and patriotic act. Can we wonder
+   at this when we hear opposition to constituted authority openly
+   preached by the instructors of &quot;the nation,&quot; and witness the
+   eagerness of the &quot;national press&quot; to free itself from the terrible
+   suspicion of coming to the assistance, even involuntarily, of the
+   government in its struggle with sedition and treason?</p></div>
+
+<p>It was amidst such an outburst of vexation and indignation as this, even
+from the government journals themselves, that the curtain rose next
+morning on Act II. in the Head Police Office. A very unique episode
+commenced the proceedings on this day also. At the resumption of the
+case, Mr. Murphy, Q.C., on behalf of the crown, said:&mdash;</p>
+
+<div class='blkquot'><p>Mr. Sullivan and some other gentlemen complained yesterday of having
+   been served with summonses to give evidence in those cases. I am
+   directed by the attorney-general to state that he regrets it, and
+   that it was done without his authority. He never gave any directions
+   to have those persons summoned, nor was it done by anyone acting
+   under his directions. It occurred in this way. General directions
+   were given to the police to summon parties to give evidence in order
+   to establish the charge against those four gentlemen who are summoned
+   for taking an active part in the procession. The police, in the
+   exercise of their discretion thought it might be necessary to summon
+   parties who took part in the procession, but there was no intention
+   on the part of those aiding on behalf of the crown to summon parties
+   to give evidence who themselves took part in the procession, and I am
+   sorry it occurred.</p>
+
+<p>   Mr. Dix&mdash;I may mention that a magistrate when signing a summons knows
+   nothing of the witnesses. If they were all living in Jamacia he
+   merely signs it as a matter of form.</p>
+
+<p>   Mr. A.M. Sullivan&mdash;I thank your worship and Mr. Murphy, and I think
+   it will be seen that had your worship not allowed me yesterday to
+   make the protest I did, the attorney-general would not have the
+   opportunity of making the disclaimer which it became the dignity of
+   the government to make. The aspect of the case yesterday was very
+   adverse towards Sir John Gray, myself, and other gentlemen. Although
+   my brother signed his name to the notice, he was not summoned as
+   principal but as a witness, but if necessary, he was determined to
+   stand side by side in the dock with Mr. Martin.</p>
+
+<p>   Mr. Allen&mdash;I am very glad of the explanation, because I was blamed
+   for allowing persons making speeches here yesterday. I think if a man
+   has any ground of complaint the sooner it is set right the better.</p>
+
+<p>   Mr. Sullivan&mdash;I have to thank the bench.</p>
+
+<p>   Mr. Allen&mdash;I am glad that a satisfactory arrangement has been come to
+   by all parties, because there is an objection entertained by some
+   persons to be brought into court as witnesses for the crown.</p>
+
+<p>   Mr. Sullivan&mdash;Especially a public journalist.</p>
+
+<p>   Mr. Allen&mdash;Quite so.</p>
+
+<p>   Mr. Heron then proceeded to cross-examine the witness.</p></div>
+
+<p>It was elicited from the government reporter, that, by a process which
+he called &quot;throwing in the vowels,&quot; he was able to make Mr. Martin's
+speech read sufficiently seditious. Mr. D.C. Heron, Q.C., then addressed
+the court on behalf of Mr. J.J. Lalor; and Mr. Michael Crean, barrister,
+on behalf of Dr. Waters. Mr. Martin, on his own behalf, then spoke as
+follows:&mdash;</p>
+
+<div class='blkquot'><p>I admit I attended the procession. I admit also that I spoke words
+   which I consider very grave and serious words upon that occasion. For
+   my acts on that occasion, for the sense and intention of the words I
+   spoke on that occasion, I am perfectly willing to be put upon my
+   country. Not only for all my acts on that occasion&mdash;not only for the
+   words which I spoke on that occasion; but for all my acts or all the
+   words I either spoke or wrote, publicly or privately, upon Irish
+   politics, I am perfectly willing to be put upon my country. In any
+   free country that has real constitutional institutions to guarantee
+   the liberty of the subject&mdash;to guarantee the free trial of the
+   subject charged with an offence against either the state or his
+   neighbour, it would be quite absurd to expect a man could be put upon
+   his country and convicted of a crime for doing that and using such
+   words as the vast majority of his fellow-countrymen approve. In this
+   case I believe that a vast majority of my fellow-countrymen do not
+   disapprove of the acts I acknowledge on that occasion, and that they
+   sympathise in the sentiment of the words I then spoke. Therefore the
+   mere fact that a prosecution is preferred against me for that act,
+   and for those words, is the expression of an opinion on my part that
+   this country does not at present enjoy real constitutional
+   institutions, guaranteeing a free trial&mdash;guaranteeing that the man
+   accused shall be really put upon his country. Therefore it is absurd
+   to think that any twelve honest men, my neighbours, put upon their
+   oaths, would declare that to be a crime which it is probable that, at
+   least, four-fifths of them believe to be right&mdash;right both
+   constitutionally and morally. I am aware&mdash;we are all aware&mdash;that the
+   gentlemen who represent the crown in this country, have very powerful
+   means at their disposal for obtaining convictions in the form of law
+   and in the form of justice, of any person they think proper to
+   accuse; and without meaning either to sneer or to joke in this
+   matter, I acknowledge the moderation of the gentlemen who represent
+   the government, since they chose to trouble themselves with me at
+   all. I acknowledge their moderation in proposing to indict me now for
+   sedition, for the language which they say I used, because it is
+   possible for them, with the means at their disposal, to have me
+   convicted for murder, or burglary, or bigamy (laughter). I am sorry
+   to say what seems like a sneer, but I use the words in deep and
+   solemn seriousness, and I say no more than I am perfectly ready to be
+   tried fairly or foully (applause in court).</p></div>
+
+<p>The magistrates reserved their decision till next day; so that there
+might be decent and seemly pause for the purpose of looking up and
+pondering the legal precedents, as the legal fiction would have it; and
+on next day, they announced that they would send all the accused for
+trial to the next Commission at Green-street, to open on the 10th
+February, 1868. The several traversers, however, were required to enter
+merely into their own recognizances in &pound;500 each to appear for trial.</p>
+
+<p>In this police court proceeding the government, confessedly, were
+morally worsted&mdash;utterly humiliated, in fact. So far from creating awe
+or striking terror, the prosecution had evoked general contempt, scorn,
+and indignation. To such an extent was this fact recognised, that the
+government journals themselves, as we have seen, were amongst the
+loudest in censuring the whole proceeding, and in supporting the general
+expectation that there was an end of the prosecution.</p>
+
+<p>Not so however was it to be. The very bitterness of the mortification
+inflicted upon them by their &quot;roll in the dust&quot; on their first legal
+encounter with the processionists, seemed to render the crown officials
+more and more vindictive. It was too galling to lie under the public
+challenge hurled at them by Mr. Bracken, Mr. O'Reilly, and Mr. Sullivan.
+After twelve days' cogitation, government made up its mind to strike.</p>
+
+<p>On Saturday, 28th December, 1867&mdash;just as everyone in Ireland seemed to
+have concluded that, as the Conservative journals said, there was &quot;an
+end of&quot; the foolish and ill-advised funeral prosecutions&mdash;Mr. Sullivan,
+Mr. Bracken (one of the funeral stewards), Mr. Jennings, of Kingstown
+(one of the best known and most trusted of the nationalists of
+&quot;Dunleary&quot; district). Mr. O'Reilly, (one of the mounted marshals at the
+procession), and some others, were served with citations to appear on
+Monday the 30th, at the Head Police Office, to answer charges identical
+with those preferred on the 16th against Mr. Martin, Dr. Waters, and Mr.
+Lalor.</p>
+
+<p>Preliminary prosecution No. 2 very much resembled No. 1. Mr. Murphy,
+Q.C. stated the crown case with fairness and moderation; and the police,
+as before, gave their evidence like men who felt &quot;duty&quot; and &quot;conscience&quot;
+in sore disagreement on such an occasion. Mr. Jennings and Mr. O'Reilly
+were defended, respectively, by Mr. Molloy and Mr. Crean; two advocates
+whose selection from the junior bar for these critical and important
+public cases was triumphantly vindicated by their conduct from the
+first to the last scene of the drama. Mr. Sullivan, Mr. Bracken, and the
+other accused, were not represented by counsel. On the first-named
+gentleman (Mr. Sullivan) being formally called on, he addressed the
+court at some length. He said:&mdash;</p>
+
+<div class='blkquot'><p>Please your worship, had the officials of the crown adopted towards
+   me, in the first instance, the course which they have taken upon the
+   present occasion, and had they not adopted the singular course which
+   they pursued in my regard when I last appeared in this court, I
+   should trouble you with no observations. For, as one of the 50,000
+   persons who, on the 8th of December, in this city, publicly,
+   lawfully, and peacefully demonstrated their protest against what they
+   believed to have been a denial of law and an outrage on justice, I
+   should certainly waste no public time in this preliminary
+   investigation, but rather admit the facts as you perceive I have done
+   to-day, and hasten the final decision on the issues really knit
+   between us and the crown. What was the course adopted by the crown in
+   the first instance against me? They had before them, on the 9th, just
+   as well as on the 29th&mdash;it is in evidence that they had&mdash;the fact
+   that I, openly and publicly, took part in that demonstration&mdash;that
+   sorrowful and sad protest against injustice (applause). They had
+   before them then as much as they had before them to-day, or as much
+   as they will ever have affecting me. For, whatever course I take in
+   public affairs in this country, I conceal nothing, I take it
+   publicly, openly, and deliberately. If I err, I am satisfied to abide
+   the consequences; and, whenever it may suit the weathercock judgment
+   of Lord Mayo, and his vacillating law advisers, to characterise my
+   acts or my opinion as illegal, seditious, heretical, idolatrous, or
+   treasonable, I must, like every other subject, be content to take my
+   chance of their being able to find a jury sufficiently facile or
+   sufficiently stupid to carry out their behests against me. But they
+   did not choose that course at first. They did not summon me as a
+   principal, but they subpoenaed me as a witness&mdash;as a crown
+   witness&mdash;against some of my dearest, personal, and public friends.
+   The attorney-general, whose word I most fully and frankly accept in
+   the matter&mdash;for I would not charge him with being wanting in personal
+   truthfulness&mdash;denied having had any complicity in the course of
+   conduct pursued towards me; but where does he lay the responsibility?
+   On &quot;the police.&quot; What is the meaning of that phrase, &quot;the police?&quot; He
+   surely does not mean that the members of the force, who parade our
+   streets, exercise viceregal functions (laughter). Who was this person
+   thus called the &quot;police?&quot; How many degrees above or below the
+   attorney-general are we to look for this functionary described as
+   &quot;the police,&quot; who has the authority to have a &quot;seditious&quot; man&mdash;that
+   is the allegation&mdash;a seditious man&mdash;exempted from prosecution? The
+   police cannot do that. Who, then? Who was he that could draw the
+   line between John Martin and his friend A.M. Sullivan&mdash;exempt the
+   one, prosecute the other&mdash;summon the former as a defendant and
+   subpoena the latter as a crown witness? What was the object? It is
+   plain. There are at this moment, I am convinced&mdash;who doubts
+   it?&mdash;throughout Ireland, as yet unfound out, Talbots and Corridons in
+   the pay of the crown acting as Fenian centres, who, next day, would
+   receive from their employers directions to spread amongst my
+   countrymen the intelligence that I had been here to betray my
+   associate, John Martin (applause). But their plot recoiled&mdash;their
+   device was exposed; public opinion expressed its reprobation of the
+   unsuccessful trick; and now they come to mend their hand. The men who
+   were exempted before are prosecuted to-day. Now, your worships, on
+   this whole case&mdash;on this entire procedure&mdash;I deliberately charge that
+   not we, but the government, have violated the law. I charge that the
+   government are well aware that the law is against them&mdash;that they are
+   irresistibly driven upon this attempt to strain and break the law
+   against the constitutional right and liberty of the subject by their
+   mere party exigencies and necessities.</p></div>
+
+<p>He then reviewed at length the bearing of the Party Processions Act upon
+the present case; and next proceeded to deal with the subject of the
+Manchester executions; maintaining that the men were hanged, as were
+others before them, in like moments of national passion and frenzy, on a
+false evidence and a rotten verdict. Mr. Sullivan proceeded:&mdash;</p>
+
+<div class='blkquot'><p>It is because the people love justice and abhor injustice&mdash;because
+   the real crime of those three victims is believed to have been
+   devotion to native land&mdash;that the Catholic churches of Ireland
+   resound with prayers and requiem hymns, and the public highways were
+   lined with sympathising thousands, until the guilty fears of the
+   executioners proclaimed it illegal to mourn. Think you, sir, if the
+   crown view of this matter were the true one, would the Catholic
+   clergy of Ireland&mdash;they who braved fierce and bitter unpopularity in
+   reprehending the Fenian conspiracy at a time when Lord Mayo's organ
+   was patting it on the back for its 'fine Sardinian spirit'&mdash;would
+   these ministers of religion drape their churches for three common
+   murderers? I repel as a calumnious and slanderous accusation against
+   the Catholic clergy of Ireland this charge, that by their mourning
+   for those three martyred Irishmen, they expressed sympathy, directly
+   or indirectly, with murder or life-taking. If an act be seditious, it
+   is not the less illegal in the church than in the graveyard, or on
+   the road to the cemetery. Are we, then, to understand that our
+   churches are to be invaded by bands of soldiery, and our priests
+   dragged from the altars, for the seditious crime of proclaiming
+   aloud their belief in the innocence of Allen, Larkin, and O'Brien?
+   This, sir, is what depends on the decision in this case, here or
+   elsewhere. All this and more. It is to be decided whether, in their
+   capacity of Privy Councillors, the judges of the land shall put forth
+   a proclamation the legality or binding force of which they will
+   afterwards sit as judges to try. It is whether, there being no
+   constitution now allowed to exist in the country, there is to be no
+   law save what a Castle proclamation will construct, permit, or
+   decree; no mourning save what the police will license; no
+   demonstration of opinion save whatever accords with the government
+   views. We hear much of the liberties enjoyed in this country. No
+   doubt, we have fine constitutional rights and securities, until the
+   very time they are most required. When we have no need to invoke
+   them, they are permitted to us; but at the only time when they might
+   be of substantial value, they are, as the phrase goes, &quot;suspended.&quot;
+   Who, unless in times of governmental panic, need apprehend
+   unwarranted arrest? When else is the <i>Habeas Corpus</i> Act of such
+   considerable protection to the subject? When, unless when the crown
+   seeks to invade public liberty, is the purity and integrity of trial
+   by jury of such value and importance in political cases? Yet all the
+   world knows that the British government, whenever such a conflict
+   arises, juggles and packs the jury&mdash;</p>
+
+<p>   Mr. Dix&mdash;I really cannot allow that language to be used in this
+   court, Mr. Sullivan, with every disposition to accord you, as an
+   accused person, the amplest limits in your observations. Such
+   language goes beyond what I can permit&mdash;</p>
+
+<p>   Mr. Sullivan&mdash;I, at once, in respect for your worship, retract the
+   word juggle. I will say the crown manipulates the jury.</p>
+
+<p>   Mr. Dix&mdash;I can't at all allow this line of comment to be pursued&mdash;</p>
+
+<p>   Mr. Sullivan&mdash;With all respect for your worship, and while I am ready
+   to use any phrase most suitable for utterance here, I will not give
+   up my right to state and proclaim the fact, however unpalatable, when
+   it is notoriously true. I stand upon my rights to say, that you have
+   all the greater reason to pause, ere you send me, or any other
+   citizen, for trial before a jury in a crown prosecution at a moment
+   like the present, when trial by jury, as the theory of the
+   constitution supposes it, does not exist in the land. I say there is
+   now notoriously no fair trial by jury to be had in this country, as
+   between the subject and the crown. Never yet, in an important
+   political case, have the government in this country dared to allow
+   twelve men indifferently chosen, to pass into the jury-box to try the
+   issue between the subject and the crown. And now, sir, if you send
+   the case for trial, and suppose the government succeed by the juries
+   they are able to empanel here, with 'Fenian' ticketed on the backs of
+   the accused by the real governors of the country&mdash;the Heygates and
+   the Bruces&mdash;and if it is declared by you that in this land of
+   mourning it has become at last criminal even to mourn&mdash;what a victory
+   for the crown! Oh, sir, they have been for years winning such
+   victories, and thereby manufacturing conspiracies&mdash;driving people
+   from the open and legitimate expression of their sentiments into
+   corners to conspire and to hide. I stand here as a man against whom
+   some clamour has been raised for my efforts to save my countrymen
+   from the courses into which the government conduct has been driving
+   them, and I say that there is no more revolutionary agent in the land
+   than that persecution of authority which says to the people, &quot;When we
+   strike you, we forbid you to weep.&quot; We meet the crown, foot to foot,
+   on its case here. We say we have committed no offence, but that the
+   prosecution against us has been instituted to subserve their party
+   exigencies, and that the government is straining and violating the
+   law. We challenge them to the issue, and even should they succeed in
+   obtaining from a crown jury a verdict against us, we have a wider
+   tribunal to appeal to&mdash;the decision of our own consciences and the
+   judgment of humanity (applause).</p>
+
+<p>   Mr. Murphy, Q.C., briefly replied. He asked his worship not to decide
+   that the procession was illegal, but that this case was one for a
+   court of law and a jury.</p></div>
+
+<p>On this occasion it was unnecessary for Mr. Dix to take any &quot;time to
+consider his decision.&quot; All the accused were bound over in their own
+recognizances to stand their trials at the forthcoming Commission in
+Green-street court, on the 10th of February, 1868.</p>
+
+<p>The plunge which the crown officials had shivered so long before
+attempting had now been taken, and they determined to go through with
+the work, <i>a l'outrance</i>. In the interval between the last police-court
+scene described above, and the opening of the Green-street Commission,
+in February, 1868, prosecutions were directly commenced against the
+<i>Irishman</i> and the <i>Weekly News</i> for seditious writing. In the case of
+the former journal the proprietor tried some skilfully-devised
+preparatory legal moves and manoeuvers, not one of which of course
+succeeded, though their justice and legality were apparent enough. In
+the case of the latter journal&mdash;the <i>Weekly News</i>&mdash;the proprietor raised
+no legal point whatsoever. The fact was that when he found the crown not
+content with <i>one</i> state prosecution against him (that for the funeral
+procession), coming upon him with <i>a second</i>, he knew his doom was
+sealed. He very correctly judged that legal moves would be all in
+vain&mdash;that his conviction, <i>per fas aut ne fas</i>, was to be
+obtained&mdash;that a jury would be packed against him&mdash;and that consequently
+the briefest and most dignified course for him would be to go straight
+to the conflict and meet it boldly.</p>
+
+<p>On Monday, 10th February, 1868, the commission was opened in
+Green-street, Dublin, before Mr. Justice Fitzgerald and Baron Deasy.
+Soon a cunning and unworthy legal trick on the part of the crown was
+revealed. The prosecuted processionists and journalists had been
+indicted in the <i>city</i> venue, had been returned for trial to the <i>city</i>
+commission by a <i>city</i> jury. But the government at the last moment
+mistrusted a city jury in this instance&mdash;even a <i>packed</i> city jury&mdash;and
+without any notice to the traversers, sent the indictments before the
+<i>county</i> grand jury, so that they might be tried by a jury picked and
+packed from the anti-Irish oligarchy of the Pale. It was an act of gross
+illegality, hardship, and oppression. The illegality of such a course
+had been ruled and decided in the case of Mr. Gavan Duffy in 1848. But
+the point was raised vainly now. When Mr. Pigott, of the <i>Irishman</i>, was
+called to plead, his counsel (Mr. Heron, Q.C.) insisted that he, the
+traverser, was now in custody of the <i>city</i> sheriff in accordance with
+his recognizances, and could not without legal process be removed to the
+county venue. An exciting encounter ensued between Mr. Heron and the
+crown counsel, and the court took till next day to decide the point.
+Next morning it was decided in favour of the crown, and Mr. Pigott was
+about being arraigned, when, in order that he might not be prejudiced by
+having attended pending the decision, the attorney-general said, &quot;he
+would shut his eyes to the fact that that gentleman was now in court,&quot;
+and would have him called immediately&mdash;an intimation that Mr. Pigott
+might, if advised, try the course of refusing to appear. He did so
+refuse. When next called, Mr. Pigott was not forthcoming, and on the
+police proceeding to his office and residence that gentleman was not to
+be found&mdash;having, as the attorney-general spitefully expressed it, &quot;fled
+from justice.&quot; Mr. Sullivan's case, had, of necessity, then to be
+called; and this was exactly what the crown had desired to avoid, and
+what Mr. Heron had aimed to secure. It was the secret of all the
+skirmishing. A very general impression prevailed that the crown would
+fail in getting a jury to convict Mr. Sullivan on any indictment
+tinctured even ever so faintly with &quot;Fenianism;&quot; and it was deemed of
+great importance to Mr. Pigott's case to force the crown to begin with
+the one in which failure was expected&mdash;Mr. Sullivan having intimated his
+perfect willingness to be either pushed to the front or kept to the
+last, according as might best promise to secure the discomfiture of the
+government. Mr. Heron had therefore so far out-manoeuvered the crown.
+Mr. Sullivan appeared in court and announced himself ready for trial,
+and the next morning was fixed for his arraignment. Up to this moment,
+that gentleman had expressed his determination not only to discard legal
+points, but to decline ordinary professional defence, and to address the
+jury in his own behalf. Now, however, deferring to considerations
+strongly pressed on him (set forth in his speech to the jury in the
+funeral procession case), he relinquished this resolution; and, late on
+the night preceding his trial, entrusted to Mr. Heron, Q.C., Mr. Crean,
+and Mr. Molloy, his defence on this first prosecution.</p>
+
+<p>Next morning, Saturday, 15th February, 1868, the trial commenced; a jury
+was duly packed by the &quot;stand-by&quot; process, and notwithstanding a charge
+by Justice Fitzgerald, which was, on the whole one of the fairest heard
+in Ireland in a political case for many years, Mr. Sullivan was duly
+convicted of having, by pictures and writings in his journal the <i>Weekly
+News</i>, seditiously brought the crown and government into hatred and
+contempt.</p>
+
+<p>The government officials were jubilant. Mr. Pigott was next arraigned,
+and after an exceedingly able defence by Mr. Heron, was likewise
+convicted.</p>
+
+<p>It was now very generally concluded that the government would be
+satisfied with these convictions, and would not proceed with the funeral
+procession cases. At all events, it was universally regarded as certain
+that Mr. Sullivan would not be arraigned on the second or funeral
+procession indictment, as he now stood convicted on the other&mdash;the press
+charge. But it was not to be so. Elate with their success, the crown
+officials thought they might even discard their doubts of a city jury;
+and on Thursday morning, 20th February, 1868, John Martin, Alexander M.
+Sullivan, Thomas Bracken, and J.J. Lalor,
+<a href='#Footnote_A_3' name='FNanchor_A_3'><sup>[A]</sup></a>
+were formally arraigned in
+the <i>city</i> venue.</p>
+
+<p><a href='#FNanchor_A_3' name='Footnote_A_3'>[A]</a>Dr. Waters, in the interval since his
+committal on this charge, had been arrested, and was now imprisoned,
+under the Suspension of the <i>Habeas Corpus</i> Act. He was not brought to
+trial on the procession charge.</p>
+
+<p>It was a scene to be long remembered, that which was presented in the
+Green-street court-house on that Thursday morning. The dogged
+vindictiveness of the crown officials, in persisting with this second
+prosecution, seemed to have excited intense feeling throughout the city,
+and long before the proceedings opened the court was crowded in every
+part with anxious spectators. When Mr. Martin entered, accompanied by
+his brother-in-law, Dr. Simpson, and Mr. Ross Todd, and took his seat at
+the travelers' bar, a low murmur of respectful sympathy, amounting to
+applause, ran through the building. And surely it was a sight to move
+the heart to see this patriot&mdash;this man of pure and stainless life, this
+man of exalted character, of noble soul, and glorious
+principles&mdash;standing once more in that spot where twenty years before he
+stood confronting the same foe in the same righteous and holy
+cause&mdash;standing once more at that bar whence, twenty years before, he
+was led off manacled to a felon's doom for the crime of loving Ireland!
+Many changes had taken place in the interval, but over the stern
+integrity of <i>his</i> soul time had wrought no change. He himself seemed to
+recall at this moment his last &quot;trial&quot; scene on this spot, and, as he
+cast his gaze around, one could detect on his calm thoughtful face
+something of sadness, yet of pride, as memory doubtless pictured the
+spectacle of twenty years ago.</p>
+
+<p>Mr. Sullivan, Mr. Bracken, and Mr. Lalor, arrived soon after, and
+immediately the judges appeared on the bench the proceedings began.</p>
+
+<div class='blkquot'><p>On their lordships, Mr. Justice Fitzgerald and Mr. Baron Deasy,
+   taking their seats upon the bench,</p>
+
+<p>   Mr. Smartt (deputy clerk of the crown) called upon John Martin,
+   Alexander M. Sullivan, John J. Lalor, and Thomas Bracken, to come and
+   appear as they were bound to do in discharge of their recognizances.</p>
+
+<p>   All the traversers answered.</p>
+
+<p>   Mr. Smartt then proceeded to arraign the traversers under an
+   indictment charging in the first count&mdash;&quot;That John Martin, John C.
+   Waters, John J. Lalor, Alexander M. Sullivan, and Thomas Bracken,
+   being malicious, seditious, and ill-disposed persons, and intending
+   to disturb the peace and tranquillity of the realm, and to excite
+   discontent and disaffection, and to excite the subjects of our Lady
+   the Queen in Ireland to hatred and dislike of the government, the
+   laws, and the administration of the laws of this realm, on the 8th
+   day of December, in the year of our Lord, 1867, unlawfully did
+   assemble and meet together with divers other persons, amounting to a
+   large number&mdash;to wit, fifteen thousand persons&mdash;for the purpose of
+   exciting discontent and disaffection, and for the purpose of exciting
+   her Majesty's subjects in Ireland to hatred of her government and the
+   laws of this realm, in contempt of our Lady the Queen, in open
+   violation of the laws of this realm, and against the peace of our
+   Lady the Queen, her crown and dignity.&quot; The second count charged that
+   the defendants intended &quot;to cause it to be believed that the three
+   men who had been duly tried, found guilty, and sentenced, according
+   to law, for murder, at Manchester, in England, had been illegally and
+   unjustly executed; and to excite hatred, dislike, and disaffection
+   against the administration of justice, and the laws of this realm,
+   for and in respect of the execution of the said three men.&quot; A third
+   count charged the publication at the unlawful assembly laid in the
+   first and second counts of the false and seditious words contained in
+   Mr. John Martin's speech. A fourth and last count was framed under
+   the Party Processions' Act, and charged that the defendants &quot;did
+   unlawfully meet, assemble, and parade together, and were present at
+   and did join in a procession with divers others, and did bear, wear,
+   and have amongst them in said procession certain emblems and symbols,
+   the display whereof was calculated to and did tend to provoke
+   animosity between different classes of her Majesty's subjects,
+   against the form of the statute in such case made and provided, and
+   against the peace of our Lady the Queen, her crown and dignity.&quot;</p>
+
+<p>   The traversers severally pleaded not guilty.</p>
+
+<p>   The Attorney-General, the Solicitor-General, Dr. Ball, Q.C.; Mr.
+   Charles Shaw, Q.C.; Mr. James Murphy, Q.C.; Mr. R.H. Owen, Q.C.; and
+   Mr. Edward Beytagh, instructed by Mr. Anderson, Crown Solicitor,
+   appeared to prosecute.</p>
+
+<p>   Mr. Martin, Mr. Sullivan, and Mr. Bracken were not professionally
+   assisted.</p>
+
+<p>   Mr. Michael T. Crean, instructed by Mr. John T. Scallan, appeared for
+   Mr. Lalor.</p></div>
+
+<p>And now came the critical stage of the case. <i>Would the crown pack the
+jury?</i> The clerk of the crown began to call the panel, when&mdash;</p>
+
+<div class='blkquot'><p>John Keegan was called and ordered to stand by on the part of the
+   crown.</p>
+
+<p>   Mr. Sullivan&mdash;My lord, have I any right to challenge?</p>
+
+<p>   Mr. Justice Fitzgerald&mdash;You have Mr. Sullivan, for cause.</p>
+
+<p>   Mr. Sullivan&mdash;And can the crown order a juror to stand by without a
+   cause assigned?</p>
+
+<p>   Mr. Justice Fitzgerald&mdash;The crown has a right to exercise that
+   privilege.</p>
+
+<p>   Mr. Sullivan&mdash;Well, I will exercise no challenge, for cause or
+   without cause. Let the crown select a jury now as it pleases.</p>
+
+<p>   Subsequently George M'Cartney was called, and directed to stand by.</p>
+
+<p>   Patrick Ryan was also ordered to stand by.</p>
+
+<p>   Mr. Martin&mdash;I protest against this manner of selecting a jury. I do
+   so publicly.</p>
+
+<p>   J.J. Lalor&mdash;I also protest against it.</p>
+
+<p>   Thomas Bracken&mdash;And I also.</p></div>
+
+<p>The sensation produced by this scene embarrassed the crown officials not
+a little. It dragged to light the true character of their proceeding.
+Eventually the following twelve gentlemen were suffered by the crown to
+pass into the box as a &quot;jury&quot;&mdash;[Footnote: Not one Catholic was allowed
+to pass into the box. Every Catholic who came to the box was ordered to
+&quot;<i>Stand by</i>.&quot;]</p>
+
+<div class='blkquot'><p>SAMUEL EAKINS, Foreman.
+   WILLIAM DOWNES GRIFFITH.
+   EDWARD GATCHELL.
+   THOMAS MAXWELL HUTTON.
+   MAURICE KERR.
+   WILLIAM LONGFIELD.
+   JOSEPH PURSER.
+   THOMAS PAUL.
+   JAMES REILLY.
+   JOHN GEORGE SHIELS.
+   WILLIAM O'BRIEN SMYTH.
+   GEORGE WALSH.</p></div>
+
+<p>The Solicitor-General, Mr. Harrison, stated the case for the
+prosecution. Next the police repeated their evidence&mdash;their description
+of the procession&mdash;as given before the magistrates, and the government
+short-hand writer proved Mr. Martin's speech. The only witnesses now
+produced who had not testified at the preliminary stage were a
+Manchester policeman named Seth Bromley, who had been one of the van
+escort on the day of the rescue, and the degraded and infamous crown
+spy, Corridon. The former&mdash;eager as a beagle on the scent to run down
+the prey before him&mdash;left the table amidst murmurs of derision and
+indignation evoked by his over-eagerness on his direct examination, and
+his &quot;fencing&quot; and evasion on cross-examination. The spy Corridon was
+produced &quot;to prove the existence of the Fenian conspiracy.&quot; Little
+notice was taken of him. Mr. Crean asked him barely a trivial question
+or two. Mr. Martin and Mr. Sullivan, when asked if they desired to
+cross-examine him, replied silently by gestures of loathing; and the
+wretch left the table&mdash;crawled from it&mdash;like a crippled murderer from
+the scene of his crime.</p>
+
+<p>This closed the case for the crown, and Mr. Crean, counsel for Mr.
+Lalor, rose to address the jury on behalf of his client. His speech was
+argumentative, terse, forcible, and eloquent; and seemed to please and
+astonish not only the auditors but the judges themselves, who evidently
+had not looked for so much ability and vigour in the young advocate
+before them. Although the speeches of professional advocates do not come
+within the scope of this publication, Mr. Crean's vindication of the
+national colour of Ireland&mdash;probably the most telling passage in his
+address&mdash;has an importance which warrants its quotation here:&mdash;</p>
+
+<div class='blkquot'><p>Gentlemen, it is attempted in this case to make the traversers
+   amenable under the Party Processions' Act, because those in the
+   procession wore green ribbons. Gentlemen, this is the first time, in
+   the history of Irish State Prosecutions which mark the periods of
+   gloom and peril in this country, that the wearing of a green ribbon
+   has been formally indicted; and I may say it is no good sign of the
+   times that an offence which has been hitherto unknown to the law
+   should now crop up for the first time in this year of grace, one
+   thousand eight hundred and sixty-eight. Not even in the worst days of
+   Lord Castlereagh's ill-omened regime was such an attempt as this made
+   to degrade the green of Ireland into a party colour, and to make that
+   which has long been regarded as a national emblem the symbol of a
+   faction. Gentlemen, there is no right-minded or right-hearted
+   man&mdash;looking back upon the ruinous dissensions and bitter conflicts
+   which have been the curse and bane of this country&mdash;who will not
+   reprobate any effort to revive and perpetuate them. There is no
+   well-disposed man in the community who will not condemn and crush
+   those persons&mdash;no matter on what side they may stand&mdash;who make
+   religion, which should be the fountain and mother of all peace and
+   blessings, the cause of rancour and animosity. We have had,
+   unhappily, gentlemen, too much of this in Ireland. We have been too
+   long the victims of that wayward fate of which the poet wrote, when
+   he said:&mdash;</p>
+
+&quot;Whilst our tyrants join in hate,<br />
+We never joined in love.&quot;<br />
+
+<p>   But, gentlemen, I will ask of you if you ever before heard, until
+   this time, that the green of Ireland was the peculiar colour of any
+   particular sect, creed, or faction, or that any of the people of this
+   country wore it as the peculiar emblem of their party, and for the
+   purpose of giving annoyance and of offering insult to some other
+   portion of their fellow-countrymen. I must say that I never heard
+   before that Catholic or Protestant, or Quaker or Moravian, laid claim
+   to this colour as a symbol of party. I thought all Irishmen, no
+   matter what altar they bowed before, regarded the green as the
+   national colour of Ireland. If it is illegal to wear the green, all I
+   can say is that the Constabulary are guilty of a constant and
+   continuing breach of the law. The Lord and Lady Lieutenant will
+   probably appear on next Patrick's Day, decorated with large bunches
+   of green shamrock. Many of the highest officials of the government
+   will do the same; and is it to be thought for one moment that they,
+   by wearing this green emblem of Ireland and of Irish nationality, are
+   violating the law of the land. Gentlemen, it is perfectly absurd to
+   think so. I hope this country has not yet so fallen as that it has
+   become a crime to wear the green. I trust we have not yet come to
+   that pass of national degradation, that a jury of Irishmen can be
+   found so forgetful of their country's dignity and of their own as to
+   brand with a mark of infamy a colour which is associated with so many
+   recollections, not of party triumphs, but of national glories&mdash;not
+   with any sect, or creed, or party, but with a nation and a race whose
+   children, whether they were the exiled soldiers of a foreign state,
+   or the soldiers of Great Britain&mdash;whether at Fontenoy or on the
+   plains of Waterloo, or on the heights of Fredericksburgh, have nobly
+   vindicated the chivalry and fame of Ireland! It is for them that the
+   green has its true meaning. It is to the Irishman in a distant land
+   this emblem is so dear, for it is entwined in his memory, not with
+   any miserable faction, but with the home and the country which gave
+   him birth. I do hope that Irishmen will never be ashamed in this
+   country to wear the green, and I hope an attempt will never again be
+   made in an Irish court of justice to punish Irishmen for wearing that
+   which is a national colour, and of which every man who values his
+   country should feel proud.</p></div>
+
+<p>When Mr. Crean resumed his seat&mdash;which he did amidst strong
+manifestations of applause&mdash;it was past three o'clock in the afternoon.
+It was not expected that the case would have proceeded so far by that
+hour, and Mr. Martin and Mr. Sullivan, who intended each to speak in his
+own behalf, did not expect to rise for that purpose before next day,
+when it was arranged that Mr. Martin would speak first, and Mr. Sullivan
+follow him. Now, however, it was necessary some one of them should rise
+to his defence, and Mr. Martin urged that Mr. Sullivan should begin.</p>
+
+<p>By this time the attendance in court, which, during the
+Solicitor-General's speech and the crown evidence, thinned down
+considerably, had once more grown too great for the fair capacity of the
+building. There was a crush within, and a crowd without. When Mr.
+Sullivan was seen to rise, after a moment's hurried consultation with
+Mr. Martin, who sat beside him, there was a buzz, followed by an anxious
+silence. For a moment the accused paused, almost overcome (as well he
+might have been) by a sense of the responsibility of this novel and
+dangerous course. But he quickly addressed himself to the critical task
+he had undertaken, and spoke as follows:&mdash;[Footnote: As Mr. Sullivan
+delivered this speech without even the ordinary assistance of written
+notes or memoranda, the report here quoted is that which was published
+in the newspapers of the time. Some few inaccuracies which he was
+precluded from correcting then (being a prisoner when this speech was
+first published), have been corrected for this publication.]</p>
+
+
+<div class='blkquot'><p>My lords and gentlemen of the jury&mdash;I rise to address you under
+circumstances of embarassment which will, I hope, secure for me a little
+consideration and indulgence at your hands. I have to ask you at the
+outset to banish any prejudice that might arise in your minds against a
+man who adopts the singular course&mdash;who undertakes the serious
+responsibility&mdash;of pleading his own defence. Such a proceeding might be
+thought to be dictated either by disparagement of the ordinary legal
+advocacy, by some poor idea of personal vanity, or by way of reflection
+on the tribunal before which the defence is made. My conduct is dictated
+by neither of these considerations or influences. Last of all men living
+should I reflect upon the ability, zeal, and fidelity of the Bar of
+Ireland, represented as it has been in my own behalf within the past two
+days by a man whose heart and genius are, thank God, still left to the
+service of our country, and represented, too, as it has been here this
+day by that gifted young advocate, the echoes of whose eloquence still
+resound in this court, and place me at disadvantage in immediately
+following him. And assuredly I design no disrespect to this court;
+either to tribunal in the abstract, or to the individual judges who
+preside; from one of whom I heard two days ago delivered in my own case
+a charge of which I shall say&mdash;though followed by a verdict which
+already consigns me to a prison&mdash;that it was, judging it as a whole, the
+fairest, the clearest, the most just and impartial ever given to my
+knowledge, in a political case of this kind in Ireland between the
+subject and the crown. No; I stand here in my own defence to-day,
+because long since I formed the opinion that, on many grounds, in such a
+prosecution as this, such a course would be the most fair and most
+consistent for a man like me. That resolution I was, for the sake of
+others, induced to depart from on Saturday last, in the first
+prosecution against me. When it came to be seen that I was the first to
+be tried out of two journalists prosecuted, it was strongly urged on me
+that my course, and the result of my trial, might largely affect the
+case of the other journalist to be tried after, me; and that I ought to
+waive my individual views and feelings, and have the utmost legal
+ability brought to bear in behalf of the case of the national press at
+the first point of conflict. I did so. I was defended by a bar not to be
+surpassed in the kingdom for ability and earnest zeal; yet the result
+was what I anticipated. For I knew, as I had held all along, that in a
+case like this, where law and fact are left to the jury, legal ability
+is of no avail if the crown comes in with its arbitrary power of
+moulding the jury. In that case, as in this one, I openly, publicly, and
+distinctly announced that I for my part would challenge no one, whether
+with cause or without cause. Yet the crown&mdash;in the face of this
+fact&mdash;and in a case where they knew that at least the accused had no
+like power of peremptory challenge&mdash;did not venture to meet me on equal
+footing; did not venture to abstain from their practice of absolute
+challenge; in fine, did not dare to trust their case to twelve men
+&quot;indifferently chosen,&quot; as the constitution supposes a jury to be. Now,
+gentlemen, before I enter further upon this jury question, let me say
+that with me this is no complaint merely against &quot;the Tories.&quot; On this
+as well as on numerous other subjects, it is well known that it has been
+my unfortunate lot to arraign both Whigs and Tories. I say further, that
+I care not a jot whether the twelve men selected or permitted by the
+crown to try me, or rather to convict me, by twelve of my own
+co-religionists and political compatriots, or twelve Protestants,
+Conservatives, Tories, or &quot;Orangemen.&quot; Understand me clearly on this. My
+objection is not to the individuals comprising the jury. You may be all
+Catholics, or you may be all Protestants, for aught that affects my
+protest, which is against the mode by which you are selected&mdash;selected
+by the crown&mdash;their choice for their own ends&mdash;and not &quot;indifferently
+chosen&quot; between the crown and the accused. You may disappoint, or you
+may justify the calculations of the crown official, who has picked you
+out from the panel, by negative or positive choice (I being silent and
+powerless)&mdash;you may or may not be all he supposes&mdash;the outrage on the
+spirit of the constitution is the same. I say, by such a system of
+picking a jury by the crown, I am not put upon my country. Gentlemen,
+from the first moment these proceedings were commenced against me, I
+think it will be admitted that I endeavoured to meet them fairly and
+squarely, promptly and directly. I have never once turned to the right
+or to the left, but gone straight to the issue. I have from the outset
+declared my perfect readiness to meet the charges of the crown. I did
+not care when or where they tried me. I said I would avail of no
+technicality&mdash;that I would object to no juror&mdash;Catholic, Protestant, or
+Dissenter. All I asked&mdash;all I demanded&mdash;was to be &quot;put upon my country,&quot;
+in the real, fair, and full sense and spirit of the constitution. All I
+asked was that the crown would keep its hand off the panel, as I would
+keep off mine. I had lived fifteen years in this city; and I should have
+lived in vain, if, amongst the men that knew me in that time, whatever
+might be their political or religious creed, I feared to have my acts,
+my conduct, or principles tried. It is the first and most original
+condition of society that a man shall subordinate his public acts to the
+welfare of the community, or at least acknowledge the right of those
+amongst whom his lot is cast, to judge him on such an issue as this.
+Freely I acknowledge that right. Readily have I responded to the call to
+submit to the judgment of my country, the question whether, in
+demonstrating my sorrow and sympathy for misfortune, my admiration for
+fortitude, my vehement indignation against what I considered to be
+injustice, I had gone too far and invaded the rights of the community.
+Gentlemen, I desire in all that I have to say to keep or be kept within
+what is regular and seemly, and above all to utter nothing wanting in
+respect for the court; but I do say, and I do protest, that I have not
+got trial by jury according to the spirit and meaning of the
+constitution. It is as representatives of the general community, not as
+representatives of the crown officials, the constitution supposes you to
+sit in that box. If you do not fairly represent the community, and if
+you are not empanelled indifferently in that sense, you are no jury in
+the spirit of the constitution. I care not how the crown practice may be
+within the technical letter of the law, it violates the intent and
+meaning of the constitution, and it is not &quot;trial by jury.&quot; Let us
+suppose the scene removed, say, to France. A hundred names are returned
+on what is called a panel by a state functionary for the trial of a
+journalist charged with sedition. The accused is powerless to remove any
+name from the list unless for over-age or non-residence. But the
+imperial prosecutor has the arbitrary power of ordering as many as he
+pleases to &quot;stand aside.&quot; By this means he puts or allows on the jury
+only whomsoever he pleases. He can, beforehand, select the twelve, and,
+by wiping out, if it suits him, the eighty-eight other names, put the
+twelve of his own choosing into the box. Can this be called trial by
+jury? Would not it be the same thing, in a more straightforward way, to
+let the crown-solicitor send out a policeman and collect twelve
+well-accredited persons of his own mind and opinion? For my own part, I
+would prefer this plain-dealing, and consider far preferable the more
+rude but honest hostility of a drum-head court martial (applause in the
+court). Again I say, understand me well, I am objecting to the
+principle, the system, the practice, and not to the twelve gentlemen now
+before me as individuals. Personally, I am confident that being citizens
+of Dublin, whatever your views or opinions, you are honourable and
+conscientious men. You may have strong prejudices against me or my
+principles in public life&mdash;very likely you have; but I doubt not that
+though these may unconsciously tinge your judgment and influence your
+verdict, you will not consciously violate the obligations of your oath.
+And I care not whether the crown, in permitting you to be the twelve,
+ordered three, or thirteen, or thirty others to &quot;stand by&quot;&mdash;or whether
+those thus arbitrarily put aside were Catholics or Protestants,
+Liberals, Conservatives, or Nationalists&mdash;the moment the crown put its
+finger at all on the panel, in a case where the accused had no equal
+right, the essential character of the jury was changed, and the spirit
+of the constitution was outraged. And now, what is the charge against my
+fellow-traversers and myself? The solicitor-general put it very pithily
+awhile ago when he said our crime was &quot;glorifying the cause of murder.&quot;
+The story of the crown is a very terrible, a very startling one. It
+alleges a state of things which could hardly be supposed to exist
+amongst the Thugs of India. It depicts a population so hideously
+depraved that thirty thousand of them in one place, and tens of
+thousands in various other places, arrayed themselves publicly in
+procession to honour and glorify murder&mdash;to sympathise with murderers as
+murderers. Yes, gentlemen, that is the crown case, or they have no case
+at all&mdash;that the funeral procession in Dublin on the 8th December last
+was a demonstration of sympathy with murder as murder. For you will have
+noted that never once in his smart narration of the crown story, did Mr.
+Harrison allow even the faintest glimmer to appear of any other possible
+complexion or construction of our conduct. Why, I could have imagined it
+easy for him not merely to state his own case, but to state ours too,
+and show where we failed, and where his own side prevailed. I could
+easily imagine Mr. Harrison stating our view of the matter&mdash;and
+combatting it. But he never once dared to even mention our case. His
+whole aim was to hide it from you, and to fasten, as best such efforts
+of his could fasten, in your minds this one miserable refrain&mdash;&quot;They
+glorified the cause of murder and assassination.&quot; But this is no new
+trick. It is the old story of the maligners of our people. They call the
+Irish a turbulent, riotous, crime-loving, law-hating race. They are for
+ever pointing to the unhappy fact&mdash;for, gentlemen, it is a fact&mdash;that
+between the Irish people and the laws under which they now live there is
+little or no sympathy, but bitter estrangement and hostility of feeling
+or of action. Bear with me if I examine this charge, since an
+understanding of it is necessary in order to judge our conduct on the
+8th December last. I am driven upon this extent of defence by the
+singular conduct of the solicitor-general, who, with a temerity which he
+will repent, actually opened the page of Irish history, going back upon
+it just so far as it served his own purpose, and no farther. Ah! fatal
+hour for my prosecutors when they appealed to history. For assuredly,
+that is the tribunal that will vindicate the Irish people, and confound
+those who malign them as sympathisers with assassination and glorifiers
+of murder&mdash;</p>
+
+<p>Solicitor-General&mdash;My lord, I must really call upon you&mdash;I deny that I
+ever&mdash;</p>
+
+<p>Mr. Justice Fitzgerald&mdash;Proceed, Mr. Sullivan.</p>
+
+<p>Mr. Sullivan&mdash;My lord, I took down the solicitor-general's words. I
+quote them accurately as he spoke them, and he cannot get rid of them
+now. &quot;Glorifiers of the cause of murder&quot; was his designation of my
+fellow-traversers and myself, and our fifty thousand fellow-mourners in
+the funeral procession; and before I sit down I will make him rue the
+utterance. Gentlemen of the jury, if British law be held in
+&quot;disesteem&quot;&mdash;as the crown prosecutors phrase it&mdash;here in Ireland, there
+is an explanation for that fact, other than that supplied by the
+solicitor-general; namely, the wickedness of seditious persons like
+myself, and the criminal sympathies of a people ever ready to &quot;glorify
+the cause of murder.&quot; Mournful, most mournful, is the lot of that land
+where the laws are not respected&mdash;nay, revered by the people. No greater
+curse could befall a country than to have the laws estranged from
+popular esteem, or in antagonism with the national sentiment. Everything
+goes wrong under such a state of things. The ivy will cling to the oak,
+and the tendrils of the vine reach forth towards strong support. But
+more anxiously and naturally still does the human heart instinctively
+seek an object of reverence and love, as well as of protection and
+support, in law, authority, sovereignty. At least, among a virtuous
+people like ours, there is ever a yearning for those relations which
+are, and ought to be, as natural between a people and their government
+as between the children and the parent. I say for myself, and I firmly
+believe I speak the sentiments of most Irishmen when I say, that so far
+from experiencing satisfaction, we experience pain in our present
+relations with the law and governing power; and we long for the day when
+happier relations may be restored between the laws and the national
+sentiment in Ireland. &quot;We Irish are no race of assassins or &quot;glorifiers
+of murder.&quot; From the most remote ages, in all centuries, it has been
+told of our people that they were pre-eminently a justice-loving people.
+Two hundred and fifty years ago the predecessor of the
+solicitor-general&mdash;an English attorney-general&mdash;it may be necessary to
+tell the learned gentleman that his name was Sir John Davis (for
+historical as well as geographical knowledge
+<a href='#Footnote_B_6' name='FNanchor_B_6'><sup>[B]</sup></a>seems to be rather
+scarce amongst the present law officers of the crown), (laughter)&mdash;held
+a very different opinion of them from that put forth to-day by the
+solicitor-general. Sir John Davis said no people in the world loved
+equal justice more than the Irish even where the decision was against
+themselves. That character the Irish have ever borne and bear still. But
+if you want the explanation of this &quot;disesteem&quot; and hostility for
+British law, you must trace effect to cause. It will not do to stand by
+the river side near where it flows into the sea, and wonder why the
+water continues to run by. Not I&mdash;not my fellow-traversers&mdash;not my
+fellow-countrymen&mdash;are accountable for the antagonism between law and
+popular sentiment in this country. Take up the sad story where you
+will&mdash;yesterday, last month, last year, last century&mdash;two centuries ago,
+three centuries, five centuries, six centuries&mdash;and what will you find?
+English law presenting itself to the Irish people in a guise forbidding
+sympathy or respect, and evoking fear and resentment. Take it at its
+birth in this country. Shake your minds free of legal theories and legal
+fictions, and deal with facts. This court where I now stand is the legal
+and political heir, descendant, and representative of the first law
+court of the Pale six or seven centuries ago. Within that Pale were a
+few thousand English settlers, and of them alone did the law take
+cognizance. The Irish nation&mdash;the millions outside the Pale&mdash;were known
+only as &quot;the king's Irish enemie.&quot; The law classed them with the wild
+beasts of nature whom it was lawful to slay. Later on in our history we
+find the Irish near the Pale sometimes asking to be admitted to the
+benefits of English law, since they were forbidden to have any of their
+own; but their petitions were refused. Gentlemen, this was English law
+as it stood towards the Irish people for centuries; and wonder, if you
+will, that the Irish people held it in &quot;disesteem:&mdash;</p>
+
+<p><a href='#FNanchor_B_6' name='Footnote_B_6'>[B]</a>On Mr.
+Sullivan's first trial the solicitor-general, until stopped and
+corrected by the court, was suggesting to the jury that there was no
+such place as Knockrochery, and that a Fenian proclamation which had
+been published in the <i>Weekly News</i> as having been posted at that place,
+was, in fact, composed in Mr. Sullivan's Office. Mr. Justice Deasy,
+however, pointedly corrected and reproved this blunder on the part of
+Mr. Harrison.</p>
+
+<div class='blkquot'><p>&quot;The Irish were denied the right of bringing actions in any of the
+   English courts in Ireland for trespasses to their lands, or for
+   assaults or batteries to their persons. Accordingly, it was answer
+   enough to the action in such a case to say that the plaintiff was an
+   Irishman, unless he could produce a special charter giving him the
+   rights of an Englishman. If he sought damage against an Englishman
+   for turning him out of his land, for the seduction of his daughter
+   Nora, or for the beating of his wife Devorgil, or for the driving off
+   of his cattle, it was a good defence to say he was a mere Irishman.
+   And if an Englishman was indicted for manslaughter, if the man slain
+   was an Irishman, he pleaded that the deceased was of the Irish
+   nation, and that it was no felony to kill an Irishman. For this,
+   however, there was a fine of five marks payable to the king; but
+   mostly they killed us for nothing. If it happened that the man killed
+   was a servant of an Englishman, he added to the plea of the deceased
+   being an Irishman, that if the master should ever demand damages, he
+   would be ready to satisfy him.&quot;</p></div>
+
+<p>That was the egg of English law in Ireland. That was the seed&mdash;that was
+the plant&mdash;do you wonder if the tree is not now esteemed and loved? If
+you poison a stream at its source, will you marvel if down through all
+its courses the deadly element is present? Now trace from this, its
+birth, English law in Ireland&mdash;trace down to this hour&mdash;and examine when
+or where it ever set itself to a reconciliation with the Irish people.
+Observe the plain relevancy of this to my case. I, and men like me, are
+held accountable for bringing law into hatred and contempt in Ireland:
+and in presenting this charge against me the solicitor-general appealed
+to history. I retort the charge on my accusers; and I will trace down to
+our own day the relations of hostility which English law itself
+established between itself and the people of Ireland. Gentlemen, for
+four hundred years&mdash;down to 1607&mdash;the Irish people had no existence in
+the eye of the law; or rather much worse, were viewed by it as &quot;the
+King's Irish enemie.&quot; But even within the Pale, how did it recommend
+itself to popular reverence and affection? Ah, gentlemen, I will show
+that in those days, just as there have been in our own, there were
+executions and scaffold-scenes which evoked popular horror and
+resentment&mdash;though they were all &quot;according to law,&quot; and not be
+questioned unless by &quot;seditionists.&quot; The scaffold streamed with the
+blood of those whom the people loved and revered&mdash;how could they love
+and revere the scaffold? Yet, 'twas all &quot;according to law.&quot; The
+sanctuary was profaned and rifled; the priest was slain or
+banished&mdash;'twas all &quot;according to law,&quot; no doubt, and to hold law in
+&quot;disesteem&quot; is &quot;sedition.&quot; Men were convicted and executed &quot;according to
+law;&quot; yet the people demonstrated sympathy for them, and resentment
+against their executioners&mdash;most perversely, as a solicitor-general,
+doubtless, would say. And, indeed, the State Papers contain accounts of
+those demonstrations written by crown officials which sound very like
+the solicitor-general's speech to-day. Take, for instance, the
+execution&mdash;&quot;according to law&quot;&mdash;of the &quot;Popish bishop&quot; O'Hurley. Here is
+the letter of a state functionary on the subject:&mdash;</p>
+
+<div class='blkquot'><p>&quot;I could not before now so impart to her Majesty as to know her mind
+   touching the same for your lordship's direction. Wherefore, she
+   having at length resolved, I have accordingly, by her commandment, to
+   signify her Majesty's pleasure unto you touching Hurley, which is
+   this:&mdash;That the man being so notorious and ill a subject, as
+   appeareth by all the circumstances of his cause he is, you proceed,
+   if it may be, to his execution by ordinary trial of him for it. How
+   be it, in case you shall find the effect of his course DOUBTFUL by
+   reason of the affection of such as shall be on his jury, and by
+   reason of the supposal conceived by the lawyers of that country, that
+   he can hardly be found guilty for his treason committed in foreign
+   parts against her Majesty. Then her pleasure is you take A SHORTER
+   WAY WITH HIM, by martial law. So, as you may see, it is referred to
+   your discretion, whether of those two ways your lordship will take
+   with him, and the man being so resolute to reveal no more matter, it
+   is thought best to have no FURTHER TORTURES used against him, but
+   that you proceed FORTHWITH TO HIS EXECUTION in manner aforesaid. As
+   for her Majesty's good acceptation of your careful travail in this
+   matter of Hurley, you need nothing to doubt, and for your better
+   assurance thereof she has commanded me to let your lordship
+   understand that, as well as in all others the like, as in the case of
+   Hurley, she cannot but greatly allow and commend YOUR DOINGS.&quot;</p></div>
+
+<p>Well, they put his feet into tin boots filled with oil, and then placed
+him standing in the fire. Eventually they cut off his head, tore out his
+bowels, and cut the limbs from his body. Gentlemen, 'twas all &quot;according
+to law;&quot; and to demonstrate sympathy for him and &quot;disesteem&quot; of that law
+was &quot;sedition.&quot; But do you wonder greatly that law of that complexion
+failed to secure popular sympathy and respect? One more illustration,
+gentlemen, taken from a period somewhat later on. It is the
+execution&mdash;&quot;according to law,&quot; gentlemen; entirely &quot;according to
+law&quot;&mdash;of another Popish bishop named O'Devany. The account is that of a
+crown official of the time&mdash;some most worthy predecessor of the
+solicitor-general. I read it from the recently published work of the
+Rev. C.P. Meehaun. &quot;On the 28th of January, the bishop and priest, being
+arraigned at the King's Bench, were each condemned of treason, and
+adjudged to be executed the Saturday following; which day being come, a
+priest, or two of the Pope's brood, with holy water and other holy
+stuffs&quot;&mdash;(no sneer was that at all, gentlemen; no sneer at Catholic
+practices, for a crown official never sneers at Catholic
+practices)&mdash;&quot;were sent to sanctify the gallows whereon they were to die.
+About two o'clock, p.m., the traitors were delivered to the sheriffs of
+Dublin, who placed them in a small car, which was followed by a great
+multitude. As the car progressed the spectators knelt down; but the
+bishop sitting still, like a block, would not vouchsafe them a word, or
+turn his head aside. The multitude, however, following the car, made
+such a dole and lamentation after him, as the heavens themselves
+resounded the echoes of their outcries.&quot; (Actually a seditious funeral
+procession&mdash;made up of the ancestors of those thirty-thousand men,
+women, and children, who, according to the solicitor-general, glorified
+the cause of murder on the 8th of last December.) &quot;Being come to the
+gallows, whither they were followed by troops of the citizens, men and
+women of all classes, most of the best being present, the latter kept up
+such a shrieking, such a howling, and such a hallooing, as if St.
+Patrick himself had been gone to the gallows, could not have made
+greater signs of grief; but when they saw him turned from off the
+gallows, they raised the <i>whobub</i> with such a maine cry, as if the
+rebels had come to rifle the city. Being ready to mount the ladder, when
+he was pressed by some of the bystanders to speak, he repeated
+frequently <i>Sine me qu&aelig;so</i>. The executioner had no sooner taken off the
+bishop's head, but the townsmen of Dublin began to flock about him, some
+taking up the head with pitying aspect, accompanied with sobs and
+sighs; some kissed it with as religious an appetite as ever they kissed
+the Pax; some cut away all the hair from the head, which they preserved
+for a relic; some others were practisers to steal the head away, but the
+executioner gave notice to the sheriffs. Now, when he began to quarter
+the body, the women thronged about him, and happy was she that could get
+but her handkerchief dipped in the blood of the traitor; and the body
+being once dissevered in four quarters, they neither left, finger nor
+toe, but they cut them off and carried them away; and some others that
+could get no holy monuments that appertained to his person, with their
+knives they shaved off chips from the hallowed gallows; neither could
+they omit the halter wherewith he was hanged, but it was rescued for
+holy uses. The same night after the execution, a great crowd flocked
+about the gallows, and there spent the fore part of the night in
+heathenish howling, and performing many Popish ceremonies; and after
+midnight, being then Candlemas day, in the morning having their priests
+present in readiness, they had Mass after Mass till, daylight being
+come, they departed to their own houses.&quot; There was &quot;sympathy with
+sedition&quot; for you, gentlemen. No wonder the crown official who tells the
+story&mdash;same worthy predecessor of Mr. Harrison&mdash;should be horrified at
+such a demonstration. I will sadden you with no further illustrations of
+English law, but I think it will be admitted that after centuries of
+such law, one need not wonder if the people hold it in &quot;hatred and
+contempt.&quot; With the opening of the seventeenth century, however, came a
+golden and glorious opportunity for ending that melancholy&mdash;that
+terrible state of things. In the reign of James I., English law, for the
+first time, extended to every corner of this kingdom. The Irish came
+into the new order of things frankly and in good faith; and if wise
+counsels prevailed then amongst our rulers, oh, what a blessed ending
+there might have been to the bloody feud of centuries. The Irish
+submitted to the Gaelic King, to whom had come in the English crown. In
+their eyes he was of a friendly, nay of a kindred race. He was of a line
+of Gaelic kings that had often befriended Ireland. Submitting to him was
+not yielding to the brutal Tudor. Yes, that was the hour, the blessed
+opportunity for laying the foundation of a real union between the three
+kingdoms; a union of equal national rights under the one crown. This was
+what the Irish expected; and in this sense they in that hour accepted
+the new dynasty. And it is remarkable that from that day to this, though
+England has seen bloody revolutions and violent changes of rulers,
+Ireland has ever held faithfully&mdash;too faithfully&mdash;to the sovereignty
+thus adopted. But how were they received? How were their expectations
+met? By persecution, proscription, and wholesale plunder, even by that
+miserable Stuart. His son came to the throne. Disaffection broke out in
+England and Scotland. Scottish Protestant Fenians, called &quot;Covenanters,&quot;
+took the field against him, because of the attempt to establish
+Episcopalian Protestantism as a state church. By armed rebellion
+against their lawful king, I regret to say it, they won rights which
+now most largely tend to make Scotland contented and loyal. I say it is
+to be regretted that those rights were thus won; for I say that even at
+best it is a good largely mixed with evil where rights are won by
+resorts of violence or revolution. His concessions to the Calvanist
+Fenians in Scotland did not save Charles. The English Fenians, under
+their Head Centre Cromwell, drove him from the throne and murdered him
+on a scaffold in London. How did the Irish meanwhile act? They stood
+true to their allegiance. They took the field for the King. What was the
+result? They were given over to slaughter and plunder by the brutal
+soldiery of the English Fenians. Their nobles and gentry were beggared
+and proscribed; their children were sold as white slaves to West Indian
+planters; and their gallant struggles for the king, their sympathy for
+the royalist cause, was actually denounced by the English Fenians as
+&quot;sedition,&quot; &quot;rebellion,&quot; &quot;lawlessness,&quot; &quot;sympathy with crime.&quot; Ah,
+gentlemen, the evils thus planted in our midst will survive, and work
+their influence; yet some men wonder that English law is held in
+&quot;disesteem&quot; in Ireland. Time went on, gentlemen; time went on. Another
+James sat on the throne; and again English Protestant Fenianism
+conspired for the overthrow of their sovereign. They invited &quot;foreign
+emissaries&quot; to come over from Holland and Sweden, to begin the
+revolution for them. They drove their legitimate king from the
+throne&mdash;never more to return. How did the Irish act in that hour? Alas!
+Ever too loyal&mdash;ever only too ready to stand by the throne and laws if
+only treated with justice or kindliness&mdash;they took the field for the
+king, not against him. He landed on our shores; and had the English
+Fenians rested content with rebelling themselves, and allowed us to
+remain loyal as we desired to be, we might now be a neighbouring but
+friendly and independent kingdom under the ancient Stuart line. King
+James came here and opened his Irish parliament in person. Oh, who will
+say in that brief hour at least the Irish nation was not reconciled to
+the throne and laws? King, parliament, and people, were blended in one
+element of enthusiasm, joy, and hope, the first time for ages Ireland
+had known such a joy. Yes&mdash;</p>
+
+<p class='poem'><span>We, too, had our day&mdash;it was brief, it is ended&mdash;</span>
+<span class='i2'>When a King dwelt among us&mdash;no strange King&mdash;but OURS.</span>
+<span>When the shout of a people delivered ascended,</span>
+<span class='i2'>And shook the green banner that hung on yon towers,</span>
+<span>We saw it like leaves in the summer-time shiver;</span>
+<span class='i2'>We read the gold legend that blazoned it o'er&mdash;</span>
+<span>&quot;To-day&mdash;now or never; to-day and for ever&quot;&mdash;</span>
+<span class='i2'>Oh, God! have we seen it to see it no more!</span>
+</p>
+<p>(Applause in court). Once more the Irish people bled and sacrificed for
+their loyalty to the throne and laws. Once more confiscation devastated
+the land, and the blood of the loyal and true was poured like rain. The
+English Fenians and the foreign emissaries triumphed, aided by the brave
+Protestant rebels of Ulster. King William came to the throne&mdash;a prince
+whose character is greatly misunderstood in Ireland: a brave, courageous
+soldier, and a tolerant man, could he have had his way. The Irish who
+had fought and lost, submitted on terms, and had law even now been just
+or tolerant, it was open to the revolutionary <i>regime</i> to have made the
+Irish good subjects. But what took place? The penal code came, in all
+its horror to fill the Irish heart with hatred and resistance. I will
+read for you what a Protestant historian&mdash;a man of learning and
+ability&mdash;who is now listening to me in this court&mdash;has written of that
+code. I quote &quot;Godkin's History,&quot; published by Cassell of London:&mdash;</p>
+
+<div class='blkquot'><p>&quot;The eighteenth century,&quot; says Mr. Godkin, &quot;was the era of
+   persecution, in which the law did the work of the sword more
+   effectually and more safely. Then was established a code framed with
+   almost diabolical ingenuity to extinguish natural affection&mdash;to
+   foster perfidy and hypocrisy&mdash;to petrify conscience&mdash;to perpetuate
+   brutal ignorance&mdash;to facilitate the work of tyranny&mdash;by rendering the
+   vices of slavery inherent and natural in the Irish character, and to
+   make Protestantism almost irredeemably odious as the monstrous
+   incarnation of all moral perversions.&quot;</p></div>
+
+<p>Gentlemen, in that fell spirit English law addressed itself to a
+dreadful purpose here in Ireland; and, mark you, that code prevailed
+down to our own time; down to this very generation. &quot;Law&quot; called on the
+son to sell his father; called on the flock to betray the pastor. &quot;Law&quot;
+forbade us to educate&mdash;forbid us to worship God in the faith of our
+fathers. &quot;Law&quot; made us outcasts&mdash;scourged us, trampled us, plundered
+us&mdash;do you marvel that, amongst the Irish people, law has been held in
+&quot;disesteem?&quot; Do you think this feeling arises from &quot;sympathy with
+assassination or murder?&quot; Yet, if we had been let alone, I doubt not
+that time would have fused the conquerors and the conquered, here in
+Ireland, as elsewhere. Even while the millions of the people were kept
+outside the constitution, the spirit of nationality began to appear; and
+under its blessed influence toleration touched the heart of the
+Irish-born Protestant. Yes&mdash;thank God&mdash;thank God, for the sake of our
+poor country, where sectarian bitterness has wrought such wrong&mdash;it was
+an Irish Protestant Parliament that struck off the first link of the
+penal chain. And lo! once more, for a bright brief day, Irish national
+sentiment was in warm sympathy and heartfelt accord with the laws.
+&quot;Eighty-two&quot; came. Irish Protestant patriotism, backed by the hearty
+sympathy of the Catholic millions, raised up Ireland to a proud and
+glorious position; lifted our country from the ground, where she lay
+prostrate under the sword of England&mdash;but what do I say? This is
+&quot;sedition.&quot; It has this week been decreed sedition to picture Ireland
+thus.<a href='#Footnote_C_7' name='FNanchor_C_7'><sup>[C]</sup></a>
+Well, then, they rescued her from what I will call the loving
+embrace of her dear sister Britannia, and enthroned her in her rightful
+place, a queen among the nations. Had the brightness of that era been
+prolonged&mdash;picture it, think of it&mdash;what a country would ours be now?
+Think of it! And contrast what we are with what we might be! Compare a
+population filled with burning memories&mdash;disaffected, sullen, hostile,
+vengeful&mdash;with a people loyal, devoted, happy, contented; and England,
+too, all the happier, the more secure, the more great and free. But sad
+is the story. Our independent national legislature was torn from us by
+means, the iniquity of which, even among English writers, is now
+proclaimed and execrated. By fraud and by force that outrage on law, on
+right, and justice, was consummated. In speaking thus I speak
+&quot;sedition.&quot; No one can write the facts of Irish history, without
+committing sedition. Yet every writer and speaker now will tell you that
+the overthrow of our national constitution, sixty-seven years ago, was
+an iniquitous and revolting scheme. But do you, then, marvel that the
+laws imposed on us by the power that perpetrated that deed are not
+revered, loved, and respected? Do you believe that that want of respect
+arises from the &quot;seditions&quot; of men like my fellow-traversers and myself?
+Is it wonderful to see estrangement between a people and laws imposed on
+them by the over-ruling influence of another nation? Look at the
+lessons&mdash;unhappy lessons&mdash;taught our people by that London legislature
+where their own will is overborne. Concessions refused and resisted as
+long as they durst be withheld; and when granted at all, granted only
+after passion has been aroused and the whole nation been embittered. The
+Irish people sought Emancipation. Their great leader was dogged at every
+step by hostile government proclamations and crown prosecutions.
+Coercion act over coercion act was rained upon us; yet O'Connell
+triumphed. But how and in what spirit was Emancipation granted? Ah there
+never was a speech more pregnant with mischief, with sedition, with
+revolutionary teaching&mdash;never words tended more to bring law and
+government into contempt&mdash;than the words of the English premier when he
+declared Emancipation must, sorely against his will, be granted if
+England would not face a civil war. That was a bad lesson to teach
+Irishmen. Worse still was taught them. O'Connell, the great
+constitutional leader, a man with whom loyalty and respect for the laws
+was a fundamental principle of action, led the people towards further
+liberation&mdash;the liberation, not of a creed, but a nation. What did he
+seek? To bring once more the laws and the national will into accord; to
+reconcile the people and the laws by restoring the constitution of
+queen, lords, and commons. How was he met by the government? By the
+nourish of the sword; by the drawn sabre and the shotted gun, in the
+market place and the highway. &quot;Law&quot; finally grasped him as a
+conspirator, and a picked jury gave the crown then, as now, such verdict
+as was required. The venerable apostle of constitutional doctrines was
+consigned to prison, while a sorrowing&mdash;aye, a maddened nation, wept
+for him outside. Do you marvel that they held in &quot;disesteem&quot; the law
+and government that acted thus? Do you marvel that to-day, in Ireland,
+as in every century of all those through which I have traced this state
+of things, the people and the law scowl upon each other? Gentlemen, do
+not misunderstand the purport of my argument. It is not for the
+purpose&mdash;it would be censurable&mdash;of merely opening the wounds of the
+past that I have gone back upon history somewhat farther than the
+solicitor-general found it advantageous to go. I have done it to
+demonstrate that there is a truer reason than that alleged by the crown
+in this case for the state of war&mdash;for unhappily that is what it
+is&mdash;which prevails between the people of Ireland and the laws under
+which they now live. And now apply all this to the present case, and
+judge you my guilt&mdash;judge you the guilt of those whose crime, indeed, is
+that they do not love and respect law and government as they are now
+administered in Ireland. Gentlemen, the present prosecution arises
+directly out of what is known as the Manchester tragedy. The
+solicitor-general gave you his version, his fanciful sketch of that sad
+affair; but it will be my duty to give you the true facts, which differ
+considerably from the crown story. The solicitor-general began with
+telling us about &quot;the broad summer's sun of the 18th September&quot;
+(laughter). Gentlemen, it seems very clear that the summer goes far into
+the year for those who enjoy the sweets of office; nay, I am sure it is
+summer &quot;all the year round&quot; with the solicitor-general while the present
+ministry remain in. A goodly golden harvest he and his colleagues are
+making in this summer of prosecutions; and they seem very well inclined
+to get up enough of them (laughter). Well, gentlemen, I'm not
+complaining of that, but I will tell you who complain loudly&mdash;the
+&quot;outs,&quot; with whom it is midwinter, while the solicitor-general and his
+friends are enjoying this summer (renewed laughter). Well, gentlemen,
+some time last September two prominent leaders of the Fenian
+movement&mdash;alleged to be so at least&mdash;named Kelly and Deasy, were
+arrested in Manchester. In Manchester there is a considerable Irish
+population, and amongst them it was known those men had sympathisers.
+They were brought up at the police court&mdash;and now, gentlemen, pray
+attentively mark this. The Irish executive that morning telegraphed to
+the Manchester authorities a strong warning of an attempted rescue. The
+Manchester police had full notice&mdash;how did they treat the timely warning
+sent from Dublin; a warning which, if heeded, would have averted all
+this sad and terrible business which followed upon that day? Gentlemen,
+the Manchester police authorities scoffed at the warning. They derided
+it as a &quot;Hirish&quot; alarm. What! The idea of low &quot;Hirish&quot; hodmen or
+labourers rescuing prisoners from them, the valiant and the brave! Why,
+gentlemen, the Seth Bromleys of the &quot;force&quot; in Manchester waxed
+hilarious and derisive over the idea. They would not ask even a
+truncheon to put to flight even a thousand of those despised &quot;Hirish;&quot;
+and so, despite specific warning from Dublin, the van containing the two
+Fenian leaders, guarded by eleven police officers, set out from the
+police office to the jail. Now, gentlemen, I charge on the stolid vain
+gloriousness in the first instance, and the contemptible pusilanimity in
+the second instance, of the Manchester police&mdash;the valiant Seth
+Bromleys&mdash;all that followed. On the skirts of the city the van was
+attacked by some eighteen Irish youths, having three revolvers&mdash;three
+revolvers, gentlemen, and no more&mdash;amongst them. The valour of the
+Manchester eleven vanished at the sight of those three revolvers&mdash;some
+of them, it seems, loaded with blank cartridge! The Seth Bromleys took
+to their heels. They abandoned the van. Now, gentlemen, do not
+understand me to call those policemen cowards. It is hard to blame an
+unarmed man who runs away from a pointed revolver, which, whether loaded
+or unloaded, is a powerful persuasion to&mdash;depart. But I do say that I
+believe in my soul that if that had occurred here in Dublin, eleven men
+of our metropolitan police whould have taken those three revolvers or
+perished in the attempt (applause). Oh, if eleven Irish policemen had
+run away like that from a few poor English lads with barely three
+revolvers, how the press of England would yell in fierce
+denunciation&mdash;why, they would trample to scorn the name of
+Irishman&mdash;(applause in the court, which the officials vainly tried to
+silence).</p>
+
+<p><a href='#FNanchor_C_7' name='Footnote_C_7'>[C]</a>For publishing an illustration in the <i>Weekly
+News</i> thus picturing England's policy of coercion, Mr. Sullivan had been
+found guilty of seditious libel on the previous trial.</p>
+
+<p>Mr. Justice Fitzgerald&mdash;If these interruptions continue, the parties so
+offending must be removed.</p>
+
+<p>Mr. Sullivan&mdash;I am sorry, my lord, for the interruption; though not
+sorry the people should endorse my estimate of the police. Well,
+gentlemen, the van was abandoned by its valiant guard; but there
+remained inside one brave and faithful fellow, Brett by name. I am now
+giving you the facts as I in my conscience and soul believe they
+occurred&mdash;and as millions of my countrymen&mdash;aye, and thousands of
+Englishmen, too&mdash;solemnly believe them to have occurred, though they
+differ in one item widely from the crown version. Brett refused to give
+up the key of the van, which he held; and the attacking party commenced
+various endeavours to break it open. At length one of them called out to
+fire a pistol into the lock, and thus burst it open. The unfortunate
+Brett at that moment was looking through the keyhole, endeavouring to
+get a view of the inexplicable scene outside, when he received the
+bullet and fell dead. Gentlemen, that may be the true, or it may be the
+mistaken version. You may hold to the other, or you may hold to this.
+But whether I be mistaken therein, or otherwise, I say here, as I would
+say if I stood now before my Eternal Judge on the Last Day, I solemnly
+believe the mournful episode to have happened thus&mdash;I solemnly believe
+that the man Brett was shot by accident, and not by design. But even
+suppose your view differs sincerely from mine, will you, can you, hold
+that I, thus conscientiously persuaded, sympathise with murder, because
+I sympathise with men hanged for that which I contend was accident, and
+not murder? That is exactly the issue in this case. Well, the rescued
+Fenian leaders got away; and then, when all was over&mdash;when the danger
+was passed&mdash;valour tremendous returned to the fleet of foot Manchester
+police. Oh, but they wreaked their vengeance that night on the houses of
+the poor Irish in Manchester! By a savage razzia they soon filled the
+jails with our poor countrymen seized on suspicion. And then broke forth
+all over England that shout of anger and passion which none of us will
+ever forget. The national pride had been sorely wounded; the national
+power had been openly and humiliatingly defied; the national fury was
+aroused. On all sides resounded the hoarse shout for vengeance, swift
+and strong. Then was seen a sight the most shameful of its kind that
+this century has exhibited&mdash;a sight at thought of which Englishmen yet
+will hang their heads for shame, and which the English historian will
+chronicle with reddened check&mdash;those poor and humble Irish youths led
+into the Manchester dock in chains! In chains! Yes; iron fetters
+festering wrist and ankle! Oh, gentlemen, it was a fearful sight; for no
+one can pretend that in the heart of powerful England there could be
+danger those poor Irish youths would overcome the authorities and
+capture Manchester. For what, then, were those chains put on untried
+prisoners? Gentlemen, it was at this point exactly that Irish sympathy
+came to the side of those prisoners. It was when we saw them thus used,
+and saw that, innocent or guilty, they would be immolated&mdash;sacrificed to
+glut the passion of the hour&mdash;that our feelings rose high and strong in
+their behalf. Even in England there were men&mdash;noble-hearted Englishmen,
+for England is never without such men&mdash;who saw that if tried in the
+midst of this national frenzy, those victims would be sacrificed; and
+accordingly efforts were made for a postponement of the trial. But the
+roar of passion carried its way. Not even till the ordinary assizes
+would the trial be postponed. A special commission was sped to do the
+work while Manchester jurors were in a white heat of panic, indignation,
+and fury. Then came the trial, which was just what might be expected.
+Witnesses swore ahead without compunction, and jurors believed them
+without hesitation. Five men arraigned together as principals&mdash;Allen,
+Larkin, O'Brien, Shore, and Maguire&mdash;were found guilty, and the judge
+concerning in the verdict, were sentenced to death. Five men&mdash;not three
+men, gentlemen&mdash;five men in the one verdict, not five separate verdicts.
+Five men by the same evidence and the same jury in the same verdict. Was
+that a just verdict? The case of the crown here to-day is that it
+was&mdash;that it is &quot;sedition&quot; to impeach that verdict. A copy of that
+conviction is handed in here as evidence to convict me of sedition for
+charging as I do that that was a wrong verdict, a bad verdict, a rotten
+and a false verdict. But what is the fact? That her Majesty's ministers
+themselves admit and proclaim that it was a wrong verdict, a false
+verdict. The very evening those men were sentenced, thirty newspaper
+reporters sent up to the Home Secretary a petition protesting that&mdash;the
+evidence of the witnesses and the verdict of the jury
+notwithstanding&mdash;there was at least one innocent man thus marked for
+execution. The government felt that the reporters were right and the
+jurors wrong. They pardoned Maguire as an innocent man&mdash;that same
+Maguire whose legal conviction is here put in as evidence that he and
+four others were truly murderers, to sympathise with whom is to commit
+sedition&mdash;nay, &quot;to glorify the cause of murder.&quot; Well, after that, our
+minds were easy. We considered it out of the question any man would be
+hanged on a verdict thus ruined, blasted, and abandoned; and believing
+those men innocent of murder, though guilty of another most serious
+legal crime&mdash;rescue with violence, and incidental, though not
+intentional loss of life&mdash;we rejoiced that a terrible mistake was, as we
+thought, averted. But now arose in redoubled fury the savage cry for
+blood. In vain good men, noble and humane men, in England tried to save
+the national honour by breasting this horrible outburst of passion. They
+were overborne. Petitioners for mercy were mobbed and hooted in the
+streets. We saw all this&mdash;we saw all this; and think you it did not sink
+into our hearts? Fancy if you can our feelings when we heard that yet
+another man out of five was respited&mdash;ah, he was an American,
+gentlemen&mdash;an American, not an Irishman&mdash;but that the three Irishmen,
+Allen, Larkin, and O'Brien, were to die&mdash;were to be put to death on a
+verdict and on evidence that would not hang a dog in England! We refused
+to the last to credit it; and thus incredulous, deemed it idle to make
+any effort to save their lives. But it was true; it was deadly true. And
+then, gentlemen, the doomed three appeared in a new character. Then they
+rose into the dignity and heroism of martyrs. The manner in which they
+bore themselves through the dreadful ordeal ennobled them for ever It
+was then we all learned to love and revere them as patriots and
+Christians. Oh, gentlemen, it is only at this point I feel my difficulty
+in addressing you whose religious faith is not that which is mine. For
+it is only Catholics who can understand the emotions aroused in Catholic
+hearts by conduct such as theirs in that dreadful hour. Catholics alone
+can understand how the last solemn declarations of such men, after
+receiving the last sacraments of the Church, and about to meet their
+Great Judge face to face, can outweigh the reckless evidence of
+Manchester thieves and pickpockets. Yes; in that hour they told us they
+were innocent, but were ready to die; and we believed them. We believe
+them still. Aye, do we! They did not go to meet their God with a
+falsehood on their lips. On that night before their execution, oh, what
+a scene! What a picture did England present at the foot of the
+Manchester scaffold! The brutal populace thronged thither in tens of
+thousands. They danced; they sang; they blasphemed; they chorused &quot;Rule
+Britannia,&quot; and &quot;God save the Queen,&quot; by way of taunt and defiance of
+the men whose death agonies they had come to see! Their shouts and
+brutal cries disturbed the doomed victims inside the prison as in their
+cells they prepared in prayer and meditation to meet their Creator and
+their God. Twice the police had to remove the crowd from around that
+wing of the prison; so that our poor brothers might in peace go through
+their last preparations for eternity, undisturbed by the yells of the
+multitude outside. Oh, gentlemen, gentlemen&mdash;that scene! That scene in
+the grey cold morning when those innocent men were led out to die&mdash;to
+die an ignominious death before that wolfish mob! With blood on
+fire&mdash;with bursting hearts&mdash;we read the dreadful story here in Ireland.
+We knew that these men would never have been thus sacrificed had not
+their offence been political, and had it not been that in their own way
+they represented the old struggle of the Irish race. We felt that if
+time had but been permitted for English passion to cool down, English
+good feeling and right justice would have prevailed; and they never
+would have been put to death on such a verdict. All this we felt, yet we
+were silent till we heard the press that had hounded those men to death
+falsely declaring that our silence was acquiescence in the deed that
+consigned them to murderers' graves. Of this I have personal knowledge,
+that, here in Dublin at least, nothing was done or intended, until the
+<i>Evening Mail</i> declared that popular feeling which had had ample time to
+declare itself, if it felt otherwise, quite recognised the justice of
+the execution. Then we resolved to make answer. Then Ireland made
+answer. For what monarch, the loftiest in the world, would such
+demonstrations be made, the voluntary offerings of a people's grief!
+Think you it was &quot;sympathy for murder&quot; called us forth, or caused the
+priests of the Catholic Church to drape their churches? It is a libel to
+utter the base charge. No, no. With the acts of those men at that rescue
+we had nought to say. Of their innocence of murder we were convinced.
+Their patriotic feelings, their religious devotion, we saw proved in the
+noble, the edifying manner of their death. We believed them to have been
+unjustly sacrificed in a moment of national passion; and we resolved to
+rescue their memory from the foul stains of their maligners, and make it
+a proud one for ever with Irishmen. Sympathy with murder, indeed! What I
+am about to say will be believed; for I think I have shown no fear of
+consequences in standing by my acts and principles&mdash;I say for myself,
+and for the priests and people of Ireland, who are affected by this
+case, that sooner would we burn our right hands to cinders than express,
+directly or indirectly, sympathy with murder; and that our sympathy for
+Allen, Larkin, and O'Brien is based upon the conviction that they were
+innocent of any such crime. Gentlemen, having regard to all the
+circumstances of this sad business, having regard to the feelings under
+which we acted, think you is it a true charge that we had for our intent
+and object the bringing of the administration of justice into contempt?
+Does a man, by protesting, ever so vehemently, against an act of a not
+infallible tribunal, incur the charge of attempting its overthrow? What
+evidence can be shown to you that we uttered a word against the general
+character of the administration of justice in this country, while
+denouncing this particular proceeding, which we say was a fearful
+failure of justice&mdash;a horrible blunder, a terrible act of passion!
+None&mdash;none. I say, for myself, I sincerely believe that in this country
+of ours justice is administered by the judges of the Irish Bench with a
+purity and impartiality between man and man not to be surpassed in the
+universal world. Let me not be thought to cast reflection on this court,
+or the learned judges before whom I now stand, if I except in a certain
+sense, and on some occasions, political trials between the subject and
+the crown. Apart from this, I fearlessly say the bench of justice in
+Ireland fully enjoys and is worthy of respect and homage. I care not
+from what political party its members be drawn, I say that, with hardly
+an exception, when robed with the ermine, they become dead to the world
+of politics, and sink the politician in the loftier character of
+representative of Sacred Justice. Yet, gentlemen, holding those views, I
+would, nevertheless, protest against and denounce such a trial as that
+in Manchester, if it had taken place here in Ireland. For, what we
+contend is that the men in Manchester would never have been found guilty
+on such evidence, would never have been executed on such a verdict, if
+time had been given to let panic and passion pass away&mdash;time to let
+English good sense and calm reason and, sense of justice have sway. Now,
+gentlemen, judge ye me on this whole case; for I have done. I have
+spoken at great length, but I plead not merely my own cause but the
+cause of my country. For myself I care little. I stand before you here
+with the manacles, I might say, on my hands. Already a prison cell
+awaits me in Kilmainham. My doom, in any event, is sealed. Already a
+conviction has been obtained against me for my opinions on this same
+event; for it is not one arrow alone that has been shot from the crown
+office quiver at me&mdash;at my reputation, my property, my liberty. In a few
+hours more my voice will be silenced; but before the world is shut out
+from me for a term, I appeal to your verdict&mdash;to the verdict of my
+fellow-citizens&mdash;of my fellow-countrymen&mdash;to judge my life, my conduct,
+my acts, my principles and say am I a criminal. Sedition, in a rightly
+ordered community, is indeed a crime. But who is it that challenges me?
+Who is it that demands my loyalty? Who is it that calls out to me, &quot;Oh,
+ingrate son, where is the filial affection, the respect, the obedience,
+the support, that is my due? Unnatural, seditious, and rebellious child,
+a dungeon shall punish your crime!&quot; I look in the face of my accuser,
+who thus holds me to the duty of a son. I turn to see if there I can
+recognise the features of that mother, whom indeed I love, my own dear
+Ireland. I look into that accusing face, and there I see a scowl, and
+not a smile. I miss the soft, fond voice, the tender clasp, the loving
+word. I look upon the hands reached out to grasp me&mdash;to punish me; and
+lo, great stains, blood red, upon those hands; and my sad heart tells me
+it is the blood of my widowed mother, Ireland. Then I answer to my
+accuser&mdash;&quot;You have no claim on me&mdash;on my love, my duty, my allegiance.
+You are not my mother. You sit indeed in the place where she should
+reign. You wear the regal garments torn from her limbs, while she now
+sits in the dust, uncrowned and overthrown, and bleeding, from many a
+wound. But my heart is with her still. Her claim alone is recognised by
+me. She still commands my love, my duty, my allegiance; and whatever the
+penalty may be, be it prison chains, be it exile or death, to her I
+will be true&quot; (applause). But, gentlemen of the jury, what is that Irish
+nation to which my allegiance turns? Do I thereby mean a party, or a
+class, or creed? Do I mean only those who think and feel as I do on
+public questions? Oh, no. It is the whole people of this land&mdash;the
+nobles, the peasants, the clergy the merchants, the gentry, the traders,
+the professions&mdash;the Catholic, the Protestant, the Dissenter. Yes. I am
+loyal to all that a good and patriotic citizen should be loyal to; I am
+ready, not merely to obey, but to support with heartfelt allegiance, the
+constitution of my own country&mdash;the Queen as Queen of Ireland, and the
+free parliament of Ireland once more reconstituted in our national
+senate-house in College&mdash;green. And reconstituted once more it will be.
+In that hour the laws will again be reconciled with national feeling and
+popular reverence. In that hour there will be no more disesteem, or
+hatred, or contempt for the laws: for, howsoever a people may dislike
+and resent laws imposed upon them against their will by a subjugating
+power, no nation disesteems the laws of its own making. That day, that
+blessed day, of peace and reconciliation, and joy, and liberty, I hope
+to see. And when it comes, as come it will, in that hour it will be
+remembered for me that I stood here to face the trying ordeal, ready to
+suffer for my country&mdash;walking with bared feet over red hot ploughshares
+like the victims of old. Yes; in that day it will be remembered for me,
+though a prison awaits me now, that I was one of those journalists of
+the people who, through constant sacrifice and self-immolation, fought
+the battle of the people, and won every vestige of liberty remaining in
+the land. (As Mr. Sullivan resumed his seat, the entire audience burst
+into applause, again and again renewed, despite all efforts at
+repression.)</p></div>
+
+<p>The effect of this speech certainly was very considerable. Mr. Sullivan
+spoke for upwards of two hours and forty minutes, or until nearly a
+quarter past six o'clock. During the delivery of his address, twilight
+had succeeded day-light; the court attendants, later still, with silent
+steps and taper in hand, stole around and lit the chandeliers, whose
+glare upon the thousand anxious faces below, seemed to lend a still more
+impressive aspect to the scene. The painful idea of the speaker's peril,
+which was all-apparent at first amongst the densely-packed audience,
+seemed to fade away by degrees, giving place to a feeling of triumph, as
+they listened to the historical narrative of British misrule in Ireland,
+by which Irish &quot;disesteem&quot; for British law was explained and justified,
+and later on to the story of the Manchester tragedy by which Irish
+sympathy with the martyrs was completely vindicated. Again and again in
+the course of the speech, they burst into applause, regardless of
+threatened penalties; and at the close gave vent to their feelings in a
+manner that for a time defied all repression.</p>
+
+<p>When silence was restored, the court was formally adjourned to next day,
+Friday, at 10 o'clock, a.m.</p>
+
+<p>The morning came, and with it another throng; for it was known Mr.
+Martin would now speak in his turn. In order, however, that his speech,
+which was sure to be an important one, might close the case against the
+crown, Mr. Bracken, on the court resuming, put in <i>his</i> defence very
+effectively as follows:&mdash;</p>
+
+<div class='blkquot'><p>My lords&mdash;I would say a word or two, but after
+Mr. Sullivan's grand and noble speech of last evening, I think it now
+needless on my part. I went to the procession of the 8th December,
+assured that it was right from reading a speech of the Earl of Derby in
+the newspapers. There was a sitting of the Privy Council in Dublin on
+the day before, and I sat in my shop that night till twelve o'clock, to
+see if the procession would be forbidden by government. They, however,
+permitted it to take place, and I attended it fully believing I was
+right. That is all I have to say.</p></div>
+
+<p>This short speech&mdash;delivered in a clear musical and manly voice&mdash;put the
+whole case against the crown in a nut-shell. The appearance of the
+speaker too&mdash;a fine, handsome, robust, and well-built man, in the prime
+of life, with the unmistakable stamp of honest sincerity on his
+countenance and in his eye&mdash;gave his words greater effect with the
+audience; and it was very audibly murmured on all sides that he had
+given the government a home thrust in his brief but telling speech.</p>
+
+<p>Then Mr. Martin rose. After leaving court the previous evening he had
+decided to commit to writing what he intended to say; and he now read
+from manuscript his address to the jury. The speech, however, lost
+nothing in effect by this; for any auditor out of view would have
+believed it to have been spoken, as he usually speaks, <i>extempore</i>, so
+admirably was it delivered. Mr. Martin said:&mdash;</p>
+
+<div class='blkquot'><p>My lords and gentlemen of
+the jury&mdash;I am going to trouble this court with some reply to the charge
+made against me in this indictment. But I am sorry that I must begin by
+protesting that I do not consider myself as being now put upon my
+country to be tried as the constitution directs&mdash;as the spirit of the
+constitution requires&mdash;and, therefore, I do not address you for my legal
+defence, but for my vindication before the tribunal of conscience&mdash;a far
+more awful tribunal, to my mind, than this. Gentlemen, I regard you as
+twelve of my fellow-countrymen, known or believed by my prosecutors to
+be my political opponents, and selected for that reason for the purpose
+of obtaining a conviction against me in form of law. Gentlemen, I have
+not the smallest purpose of casting an imputation against your honesty
+or the honesty of my prosecutors who have selected you. This is a
+political trial, and in this country political trials are always
+conducted in this way. It is considered by the crown prosecutors to be
+their duty to exclude from the jury-box every juror known, or suspected,
+to hold or agree with the accused in political sentiment. Now,
+gentlemen, I have not the least objection to see men of the most
+opposite political sentiments to mine placed in the jury-box to try me,
+provided they be placed there as the constitution commands&mdash;provided
+they are twelve of my neighbours indifferently chosen. As a loyal
+citizen I am willing and desirous to be put upon my county, and fairly
+tried before any twelve of my countrymen, no matter what may happen to
+be the political sentiments of any of them. But I am sorry and indignant
+that this is not such a trial. This system by which over and over again
+loyal subjects of the Queen in Ireland are condemned in form of law for
+seeking, by such means as the constitution warrants, to restore her
+Majesty's kingdom of Ireland to the enjoyment of its national
+rights&mdash;this system, of selecting anti-Repealers and excluding Repealers
+from the jury box, when a Repealer like me is to be tried, is calculated
+to bring the administration of justice into disesteem, disrepute, and
+hatred. I here protest against it. My lords and gentlemen of the jury,
+before I offer any reply to the charges in this indictment, and the
+further development of those charges made yesterday by the learned
+gentleman whose official duty it was to argue the government's case
+against me, I wish to apologise to the court for declining to avail
+myself of the professional assistance of the bar upon this occasion. It
+is not through any want of respect for the noble profession of the bar
+that I decline that assistance. I regard the duties of a lawyer as among
+the most respectable that a citizen can undertake. His education has
+taught him to investigate the origin, and to understand principles of
+law, and the true nature of loyalty. He has had to consider how the
+interests of individual citizens may harmonise with the interests of the
+community, how justice and liberty may be united, how the state may have
+both order and contentment. The application of the knowledge which he
+has gained&mdash;viz., the study of law to the daily facts of human
+society&mdash;sharpens and strengthens all his faculties, clears his
+judgment, helps him to distinguish true from false, and right from
+wrong. It is no wonder, gentlemen, that an accomplished and virtuous
+lawyer holds a high place in the aristocracy of merit in every free
+country. Like all things human, the legal profession has its dark as
+well as its bright side, has in it germs of decay and rotten foulness as
+well as of health and beauty; but yet it is a noble profession, and one
+which I admire and respect. But, above all, I would desire to respect
+the bar of my own country, and the Irish bar&mdash;the bar made illustrious
+by such memories as those of Grattan and Flood, and the Emmets, and
+Curran, and Plunket, and Saurin, and Holmes, and Sheil, and O'Connell. I
+may add, too, of Burke and of Sheridan, for they were Irish in all that
+made them great. The bar of Ireland wants this day only the ennobling
+inspirations of national freedom to raise it to a level with the world.
+Under the Union very few lawyers have been produced whose names can rank
+in history with any of the great names I have mentioned. But still, even
+the present times of decay, and when the Union is preparing to carry
+away our superior courts, and the remains of our bar to Westminster, and
+to turn that beautiful building upon the quay into a barrack like the
+Linen Hall, or an English tax-gatherer's office like the Custom House,
+there are many learned, accomplished, and respectable lawyers at the
+Irish bar, and far be it from me to doubt but that any Irish lawyer who
+might undertake my defence would loyally exert himself as the lofty idea
+of professional honour commands to save me from a conviction. But to
+this attack upon my character as a good citizen and upon my liberty, my
+lords and gentlemen, the only defence I could permit to be offered would
+be a full justification of my political conduct, morally,
+constitutionally, legally&mdash;a complete vindication of my acts and words
+alleged to be seditious and disloyal, and to retort against my accusers
+the charge of sedition and disloyalty. Not, indeed, that I would desire
+to prosecute these gentlemen upon that charge, if I could count upon
+convicting them and send them to the dungeon instead of myself. I don't
+desire to silence them, or to hurt a hair of their wigs because their
+political opinions differed from mine. Gentlemen, this prosecution
+against me, like the prosecutions just accomplished against two national
+newspapers, is part of a scheme of the ministers of the crown for
+suppressing all voice of protest against the Union, for suppressing all
+public complaint against the deadly results of the Union, and all
+advocacy by act, speech, or writing for Repeal of the Union. Now I am a
+Repealer so long as I have been a politician at all&mdash;that is for at
+least twenty-four years past. Until the national self-government of my
+country be first restored, there appears to me to be no place, no <i>locus
+standi</i> (as lawyers say), for any other Irish political question, and I
+consider it to be my duty as a patriotic and loyal citizen, to endeavour
+by all honourable and prudent means to procure the Repeal of the Act of
+the Union, and the restoration of the independent Irish government, of
+which my country was (as I have said in my prosecuted speech), &quot;by fraud
+and force,&quot; and against the will of the vast majority of its people of
+every race, creed, and class, though under false form of law, deprived
+sixty-seven years ago. Certainly, I do not dispute the right of you,
+gentlemen, or of any man in this court, or in all Ireland, to approve
+of the Union, to praise it, if you think right, as being wise and
+beneficent, and to advocate its continuance openly by act, speech, and
+writing. But I naturally think that my convictions in this matter of the
+Union ought to be shared by you also, gentlemen, and by the learned
+judges, and the lawyers, both crown lawyers and all others, and by the
+policemen and soldiers, and all faithful subjects of her Majesty in
+Ireland. Now, gentlemen, such being my convictions, were I to entrust my
+defence in this court to a lawyer, he must speak as a Repealer, not only
+for me, but for himself, not only as a professional advocate, but as a
+man, and from the heart. I cannot doubt but that there are very many
+Irish lawyers who privately share my convictions about Repeal. Believing
+as I do in my heart and conscience, and with all the force of the mind
+that God has given me, that Repeal is the right and the only right
+policy for Ireland&mdash;for healing all the wounds of our community, all our
+sectarian feuds, all our national shame, suffering, and peril&mdash;for
+making our country peaceful, industrious, prosperous, respectable, and
+happy&mdash;I cannot doubt but that in the enlightened profession of the bar
+there must be very many Irishmen who, like me, consider Repeal to be
+right, and best, and necessary for the public good. But, gentlemen, ever
+since the Union, by fraud and force and against the will of the Irish
+people, was enacted&mdash;ever since that act of usurpation by the English
+parliament of the sovereign rights of the queen, lords, and commons of
+Ireland&mdash;ever since this country was thereby rendered the subject
+instead of the sister of England&mdash;ever since the Union, but especially
+for about twenty years past, it has been the policy of those who got
+possession of the sovereign rights of the Irish crown to appoint to all
+places of public trust, emolument, or honour in Ireland only such as
+would submit, whether by parole or by tacit understanding, to suppress
+all public utterance of their desire for the Repeal of the Union such as
+has been the persistent policy towards this country of those who command
+all the patronage of Irish offices, paid and unpaid&mdash;the policy of all
+English ministers, whether Whig or Tory, combined with the disposal of
+the public forces&mdash;such a policy is naturally very effective in not
+really reconciling, but in keeping Ireland quietly subject to the Union.
+It is a hard trial of men's patriotism to be debarred from all career of
+profitable and honourable distinction in the public service of their own
+country. I do not wonder that few Irish lawyers, in presence of the
+mighty power of England, dare to sacrifice personal ambition and
+interest to what may seem a vain protest against accomplished facts. I
+do not wish to attack or offend them&mdash;as this court expresses it, to
+impute improper motives to them&mdash;by thus simply stating the sad facts
+which are relevant to my own case in this prosecution, and explaining
+that I decline professional assistance, because few lawyers would be so
+rash as to adopt my political convictions, and vindicate my political
+conduct as their own, and because if any lawyer were so bold as to offer
+me his aid on my own terms, I am too generous to permit him to ruin his
+professional career for my sake. Such are the reasons, gentlemen of the
+jury and my lords, why I am now going through this trial, not <i>secundum
+artum</i>, but like an eccentric patient who won't be treated by the
+doctors but will quack himself. Perhaps I would be safer if I did not
+say a word about the legal character of the charge made against me in
+this indictment. There are legal matters as dangerous to handle as any
+drugs in the pharmacopoeia. Yet I shall trouble you for a short time
+longer, while I endeavour to show that I have not acted in a way
+unbecoming a good citizen. The charge against me in this indictment is
+that I took part in an illegal procession by the provisions of the
+statute entitled in the Party Processions' Act. His lordship enumerated
+seven conditions, the violation of some one of which is necessary to
+render an assembly illegal at common law. Those seven conditions are&mdash;1.
+That the persons forming the assembly met to carry out an unlawful
+purpose. 2. That the numbers in which the persons met endangered the
+public peace. 3. That the assembly caused alarm to the peaceful subjects
+of the Queen. 4. That the assembly created disaffection. 5. That the
+assembly incited her Majesty's Irish subjects to hate her Majesty's
+English subjects&mdash;his lordship did not say anything of the case of an
+assembly inciting the Queen's English subjects to hate the Queen's Irish
+subjects, but no such case is likely to be tried here. 6. That the
+assembly intended to asperse the right and constitutional administration
+of justice; and 7. That the assembly intended to impair the functions of
+justice and to bring the administration of justice into disrepute. I say
+that the procession of the 8th December did not violate any one of these
+conditions&mdash;1. In the first place the persons forming that procession
+did not meet to carry out any unlawful purpose&mdash;their purpose was
+peaceably to express their opinion upon a public act of the public
+servants of the crown. 2. In the second place the numbers in which those
+persons met did not endanger the public peace. None of those persons
+carried arms. Thousands of those persons were women and children. There
+was no injury or offence attempted to be committed against anybody, and
+no disturbance of the peace took place. 3. In the third place the
+assembly caused no alarm to the peaceable subjects of the Queen&mdash;there
+is not a tittle of evidence to that effect. 4. In the fourth place the
+assembly did not create disaffection, neither was it intended or
+calculated to create disaffection. On the contrary, the assembly served
+to give peaceful expression to the opinion entertained by vast numbers
+of her Majesty's peaceful subjects upon a public act of the servants of
+the crown, an act which vast numbers of the Queen's subjects regretted
+and condemned. And thus the assembly was calculated to prevent or remove
+disaffection, and such open and peaceful manifestations of the real
+opinions of the Queen's subjects upon public affairs is the proper,
+safe, and constitutional way in which they may aid to prevent
+disaffection. 5. In the fifth place the assembly did not incite the
+Irish subjects of the Queen to hate her Majesty's subjects. On the
+contrary, it was a proper constitutional way of bringing about a right
+understanding upon a transaction which, if not fairly and fully
+explained and set right, must produce hatred between the two peoples.
+That transaction was calculated to produce hatred. But those who protest
+peaceably against such a transaction are not the party to be blamed, but
+those responsible for the transaction. 6. In the sixth place the
+assembly had no purpose of aspersing the right and constitutional
+administration of justice. Its tendency was peaceably to point out
+faults in the conduct of the servants of the crown, charged with the
+administration of justice, which faults were calculated to bring the
+administration of justice into disrepute. 7. Nor, in the seventh place,
+did the assembly impair the functions of justice, or intend or tend to
+do so. Even my prosecutors do not allege that judicial tribunals are
+infallible. It would be too absurd to make such an allegation in plain
+words. It is admitted on all hands that judges have sometimes given
+wrong directions, that juries have given wrong verdicts, that courts of
+justice have wrongfully appreciated the whole matter for trial. When
+millions of the Queen's subjects think that such wrong has been done, is
+it sedition for them to say so peaceably and publicly? On the contrary,
+the constitutional way for good citizens to act in striving to keep the
+administration of justice pure and above suspicion of unfairness, is by
+such open and peaceable protests. Thus, and thus only, may the functions
+of justice be saved from being impaired. In this case wrong had been
+done. Five men had been tried together upon the same evidence, and
+convicted together upon that evidence, and while one of the five was
+acknowledged by the crown to be innocent, and the whole conviction was
+thus acknowledged to be wrong and invalid, three of the five men were
+hanged upon that conviction. My friend, Mr. Sullivan, in his eloquent
+and unanswerable speech of yesterday, has so clearly demonstrated the
+facts of that unhappy and disgraceful affair of Manchester, that I shall
+merely say of it that I adopt every word he spoke upon the subject for
+mine, and to justify the sentiment and purpose with which I engaged in
+the procession of the 8th December. I say the persons responsible for
+that transanction are fairly liable to the charge of acting so as to
+bring the administration of justice into contempt, unless, gentlemen,
+you hold those persons to be infallible and hold that thay can do no
+wrong. But, gentlemen, the constitution does not say that the servants
+of the crown can do no wrong. According to the constitution the
+sovereign can do no wrong, but her servants may. In this case they have
+done wrong. And, gentlemen, you cannot right that wrong, nor save the
+administration of justice from the disreputation into which such
+proceedings are calculated to bring it, by giving a verdict to put my
+comrades and myself into jail for saying openly and peaceably that we
+believe the administration of justice in that unhappy affair did do
+wrong. But further, gentlemen, let us suppose that you twelve jurors, as
+well as the servants of the crown who are prosecuting me, and the two
+judges, consider me to be mistaken in my opinion upon that judicial
+proceeding, yet you have no right under the constitution to convict me
+of a misdemeanour for openly and peaceably expressing my opinion. You
+have no such right; and as to the wisdom of treating my differences of
+opinion and the peaceable expression of it as a penal offence&mdash;and the
+wisdom of a political act ought to be a serious question with all good
+and loyal citizens&mdash;consider that the opinion you are invited by the
+crown prosecutors to pronounce to be a penal offence is not mine alone,
+nor that of the five men herein indicted, but is the opinion of all the
+30,000 persons estimated by the crown evidence to have taken part in the
+assembly of the 8th of December; is the opinion besides of the 90,000 or
+100,000 others who, standing in the streets of this city, or at the open
+windows overlooking the streets traversed by the procession that day,
+manifested their sympathy with the objects of the procession; is the
+opinion, as you are morally certain, of some millions of your Irish
+fellow-subjects. By indicting me for the expression of that opinion the
+public prosecutors virtually indict some millions of the Queen's
+peaceable Irish subjects. It is only the convenience of this
+court&mdash;which could not hold the millions in one batch of traversers, and
+which would require daily sittings for several successive years to go
+through the proper formalities for duly trying all those millions; it is
+only the convenience of this court that can be pretended to relieve the
+crown prosecutors from the duty of trying and convicting all those
+millions if it is their duty to try and convict me. The right principles
+of law do not allow the servants of the crown to evade or neglect their
+duty of bringing to justice all offenders against the law. I suppose
+these gentlemen may allege that it is at their discretion what offenders
+against the law they will prosecute. I deny that the principles of the
+law allow them, or allow the Queen such discretion. The Queen, at her
+coronation services, swears to do justice to all her subjects according
+to the law. The Queen, certainly, has the right by the constitution to
+pardon any offenders against the law. She has the prerogative of mercy.
+But there can be no pardon, no mercy, till after an offence be proved in
+due course of law by accusation of the alleged offenders before the
+proper tribunals, followed by the plea of guilty or the jurors' verdict
+of guilty. And to select one man or six men for trial, condemnation, and
+punishment, out of, say, four millions who have really participated in
+the same alleged wicked, malicious, seditious, evil-disposed, and
+unlawful proceeding, is unfair to the six men, and unfair to the other
+3,999,994 men&mdash;is a dereliction of duty on the part of the officers of
+the law, and is calculated to bring the administration of justice into
+disrepute. Equal justice is what the constitution demands. Under
+military authority an army may be decimated, and a few men may properly
+be punished, while the rest are left unpunished. But under a free
+constitution it is not so. Whoever breaks the law must be made amenable
+to punishment, or equal justice is not rendered to the subjects of the
+Queen. Is it not pertinent, therefore, gentlemen, for me to say to you
+this is an unwise proceeding which my prosecutors bid you to sanction
+by a verdict? I have heard it asked by a lawyer addressing this court as
+a question that must be answered in the negative&mdash;can you indict a whole
+nation? If such a proceeding as this prosecution against the peaceable
+procession of the 8th December receives the sanction of your verdict,
+that question must be answered in the affirmative. It will need only a
+crown prosecutor, an attorney-general, and a solicitor-general, two
+judges, and twelve jurors, all of the one mind, while all the other
+subjects of the Queen in Ireland are of a different mind, and the five
+millions and a half of the Queen's subjects of Ireland outside that
+circle of seventeen of her Majesty's subjects, may be indicted,
+convicted, and consigned to penal imprisonment in due form of law&mdash;a law
+as understood in political trials in Ireland. Gentlemen, I have thus far
+endeavoured to argue from the common sense of mankind, with which the
+principles of law must be in accord, that the peaceable procession of
+the 8th of December&mdash;that peaceable demonstration of the sentiment of
+millions of the Queen's subjects in Ireland&mdash;did not violate any of the
+seven conditions of the learned judge to the grand jury in defining what
+constitutes an illegal assembly at common law; and I have also argued
+that the prosecution is unwise, and calculated to excite discontent.
+Gentlemen, I shall now endeavour to show you that the procession of the
+8th of December did not violate the statute entitled the Party
+Processions' Act. The learned judge in his charge told the grand jury
+that under this act all processions are illegal which carry weapons of
+offence, or which carry symbols calculated to promote the animosity of
+some other class of her Majesty's subjects. Applying the law to this
+case, his lordship remarked that the processions of the 8th of December
+had something of military array&mdash;that is, they went in regular order
+with a regular step. But, gentlemen, there were no arms in that
+procession, there were no symbols in that procession intended or
+calculated to provoke animosity in any other class of the Queen's
+subjects, or in any human creature. There were neither symbol, nor deed,
+or word intended to provoke animosity, and as to the military array&mdash;is
+it not absurd to attribute a warlike character to an unarmed and
+perfectly peaceful assemblage, in which there were some thousands of
+women and children? No offence was given or offered any human being. The
+authorities were so assured of the peacefulness and inoffensiveness of
+the assemblage that the police were withdrawn in a great measure from
+their ordinary duties of preventing disorders. And as to the remark that
+the people walked with a regular step, I need only say that was done for
+the sake of order and decorum. It would be merely to doubt whether you
+are men of common sense if I argued any further to satisfy you that the
+procession did not violate the Party Processions' Act, such as it is
+defined by the learned judge. The speech delivered on that occasion is
+an important element in forming a judgment upon the character and object
+of the procession. The speech declared the procession to be a peaceable
+expression of the opinion of those who composed it upon an important
+public transaction, an expression of sorrow and indignation at an act
+of the ministers of the government. It was a protest against that act&mdash;a
+protest which those who disapproved of it were entitled by the
+constitution to make, and which they made, peaceably and legitimately.
+Has not every individual of the millions of the Queen's subjects the
+right to say so say openly whether he approves or disapproves of any
+public act of the Queen's ministers? Has not all the Queen's subjects
+the right to say altogether if they can without disturbance of the
+Queen's peace? The procession enabled many thousands to do that without
+the least inconvenience or danger to themselves, and with no injury or
+offence to their neighbours. To prohibit or punish peaceful,
+inoffensive, orderly, and perfectly innocent processions upon pretence
+that they are constructively unlawful, is unconstitutional tyranny. Was
+it done because the ministers discovered that the terror of suspended
+habeas corpus had not in this matter stifled public opinion? Of course,
+if anything be prohibited by government, the people obey&mdash;of course I
+obey. I would not have held the procession had I not understood that it
+was permitted. But understanding that it was permitted, and so believing
+that it might serve the people for a safe and useful expression of their
+sentiment, I held the procession. I did not hold the procession because
+I believed it to be illegal, but because I believed it to be legal and
+understood it to be permitted. In this country it is not law that must
+rule a loyal citizen's conduct, but the caprice of the English
+ministers. For myself, I acknowledge that I submit to such a system of
+government unwillingly, and with constant hope for the restoration of
+the reign of law, but I do submit. Why at first did the ministers of the
+crown permit an expression of censure upon that judicial proceeding at
+Manchester by a procession&mdash;why did they not warn her Majesty's subjects
+against the danger of breaking the law? Was it not because they thought
+that the terrors of the suspended habeas corpus would be enough to
+prevent the people from coming openly forward at all to express their
+real sentiments? Was it because they found that so vehement and so
+general was the feeling of indignation at that unhappy transaction at
+Manchester that they did venture to come openly forward&mdash;with perfect
+peacefulness and most careful observance of the peace to express their
+real sentiments&mdash;that the ministry proclaimed down the procession, and
+now prosecute us in order to stifle public opinion? Gentlemen of the
+jury, I have said enough to convince any twelve reasonable men that
+there was nothing in my conduct in the matter of that procession which
+you can declare on your oaths to be &quot;malicious, seditious, ill-disposed,
+and intended to disturb the peace and tranquility of the realm.&quot; I shall
+trouble you no further, except by asking you to listen to the summing up
+of this indictment, and, while you listen to judge between me and the
+attorney-general. I shall read you my words and his comment. Judge of
+us, Irish jurors, which of us two are guilty:&mdash;&quot;Let us, therefore,
+conclude this proceeding by joining heartily, with hats off, in the
+prayer of those three men, 'God save Ireland.'&quot; &quot;Thereby,&quot; says the
+attorney-general in his indictment, &quot;meaning, and intending to excite
+hatred, dislike, and animosity against her Majesty and the government,
+and bring into contempt the administration of justice and the laws of
+this realm, and cause strife and hatred between her Majesty's subjects
+in Ireland and in England, and to excite discontent and disaffection
+against her Majesty's government.&quot; Gentlemen, I have now done.</p>
+
+<p>Mr. Martin sat down amidst loud and prolonged applause.</p></div>
+
+<p>This splendid argument, close, searching, irresistible, gave the <i>coup
+de grace</i> to the crown case. The prisoners having called no evidence,
+according to honourable custom having almost the force of law, the
+prosecution was disentitled to any rejoinder. Nevertheless, the crown
+put up its ablest speaker&mdash;a man far surpassing in attainments as a
+lawyer and an orator both the Attorney and Solicitor-General&mdash;Mr. Ball,
+Q.C., to press against the accused that technical right which honourable
+usage reprehended as unfair! No doubt the crown authorities felt it was
+not a moment in which they could afford to be squeamish or scrupulous.
+The speeches of Mr. Sullivan and Mr. Martin had had a visible effect
+upon the jury&mdash;had, in fact, made shreds of the crown case; and so Mr.
+Ball was put up as the last hope of averting the &quot;disaster&quot; of a
+failure. He spoke with his accustomed ability and dignity, and made a
+powerful appeal in behalf of the crown. Then Mr. Justice Fitzgerald
+proceeded to charge the jury, which he did in his own peculiarly calm,
+precise, and perspicuous style. At the outset, referring to the protest
+of the accused against the conduct of the crown in the jury challenges,
+he administered a keen rebuke to the government officials. It was, he
+said, no doubt the strict legal <i>right</i> of the crown to act as it had
+done; yet, considering that this was a case in which the accused was
+accorded no corresponding privilege, the exercise of that right in such
+a manner by the crown certainly was, in his, Mr. Justice Fitzgerald's
+estimation, <i>a subject for grave objection</i>.</p>
+
+<p>Here there was what the newspaper reporters call &quot;sensation in court.&quot;
+What! Had it come to this, that one of the chief institutions of the
+land&mdash;a very pillar of the crown and government&mdash;namely,<i>jury-packing,</i>
+was to be reflected upon from the bench itself. Monstrous!</p>
+
+<p>The charge, though mild in language, was pretty sharp on the
+&quot;criminality&quot; of such conduct as was <i>imputed</i> to the accused, yet
+certainly left some margin to the jury for the exercise of their opinion
+upon &quot;the law and the facts.&quot;</p>
+
+<p>At two o'clock in the afternoon the jury retired to consider their
+verdict, and as the judges at the same moment withdrew to their chamber,
+the pent-up feelings of the crowded audience instantly found vent in
+loud Babel-like expressions and interchange of comments on the charge,
+and conjectures as to the result. &quot;Waiting for the verdict&quot; is a scene
+that has often been described and painted. Everyone of course concluded
+that half-an-hour would in any case elapse before the anxiously watched
+jury-room door would open; but when the clock hands neared three,
+suspense intense and painful became more and more visible in every
+countenance. It seemed to be only now that men fully realized all that
+was at stake, all that was in peril, on this trial! <i>A conviction in
+this case rendered the national colour of Ireland for ever more an
+illegal and forbidden emblem</i>! A conviction in this case would degrade
+the symbol of nationality into a badge of faction! To every fevered
+anxious mind at this moment rose the troubled memories of gloomy
+times&mdash;the &quot;dark and evil days&quot; chronicled in that popular ballad, the
+music and words of which now seemed to haunt the watchers in the
+court:&mdash;</p>
+
+<p class='poem'><span>&quot;Oh, Patrick, dear, and did you hear</span>
+<span class='i2'>The news that's going round?</span>
+<span>The shamrock is by law forbid.</span>
+<span class='i2'>To grow on Irish ground.</span>
+<span>No more St. Patrick's day we'll keep&mdash;</span>
+<span class='i2'>His colour can't be seen,</span>
+<span>For there's a bloody law again</span>
+<span class='i2'>The Wearing of the Green.&quot;</span>
+</p>
+
+<p>But hark! There is a noise at the jury-room door! It opens&mdash;the jury
+enter the box. A murmur, swelling to almost a roar, from the crowded
+audience, is instantly followed by a deathlike stillness. The judges are
+called; but by this time it is noticed that the foreman has not the
+&quot;issue-paper&quot; ready to hand down; and a buzz goes round&mdash;&quot;a question; a
+question!&quot; It is even so. The foreman asks:&mdash;</p>
+
+<div class='blkquot'><p>Whether, if they believed the speech of Mr. Martin to be in itself
+   seditious, should they come to the conclusion that the assemblage was
+   seditious?</p></div>
+
+<p>Mr. Justice Fitzgerald answers <i>in the negative</i>, and a thrill goes
+through the audience. Nor is this all. One of the jurors declares there
+is no chance whatever of their agreeing to a verdict! Almost a cheer
+breaks out. The judge, however, declares they must retire again; which
+the jury do, very reluctantly and doggedly; in a word, very unlike men
+likely to &quot;persuade one another.&quot;</p>
+
+<p>When the judges again leave the bench for their chamber, the crowd in
+court give way outright to joy. Every face is bright; every heart is
+light; jokes go round, and there is great &quot;chaff&quot; of the crown
+officials, and of the &quot;polis,&quot; who, poor fellows, to tell the truth,
+seem to be as glad as the gladdest in the throng. Five o'clock
+arrives&mdash;half-past five&mdash;the jury must suavely be out soon now. At a
+quarter to six they come; and for an instant the joke is hushed, and
+cheeks suddenly grow pale with fear lest by any chance it might be evil
+news. But the faces of the jurymen tell plainly &quot;no verdict.&quot; The judges
+again are seated. The usual questions in such cases: the usual answers.
+&quot;No hope whatever of an agreement.&quot; Then after a reference to the
+Solicitor-General, who, in sepulchral tone, &quot;supposes&quot; there is &quot;nothing
+for it&quot; but to discharge the jury, his lordship declares the jury
+discharged.</p>
+
+<p>Like a volley there burst a wild cheer, a shout, that shook the
+building! Again and again it was renewed; and, being caught up by the
+crowd outside, sent the tidings of victory with electrical rapidity
+through the city. Then there was a rush at Mr. Martin and Mr. Sullivan.
+The former especially was clasped, embraced, and borne about by the
+surging throng, wild with joy. It was with considerable difficulty any
+of the traversers could get away, so demonstrative was the multitude in
+the streets. Throughout the city the event was hailed with rejoicing,
+and the names of the jurymen, &quot;good and bad&quot; were vowed to perpetual
+benediction. For once, at least, justice had triumphed; or rather,
+injustice had been baulked. For once, at least, the people had won the
+day; and the British Government had received a signal overthrow in its
+endeavour to proscribe&mdash;</p>
+
+<h2>&quot;THE WEARING OF THE GREEN.&quot;</h2>
+
+<hr style='width: 45%;' />
+
+<p>For one of the actors in the above-described memorable scene, the
+victory purchased but a few hours safety. Next morning Mr. A.M. Sullivan
+was placed again at the bar to hear his sentence&mdash;that following upon
+the first of the prosecutions hurled against him (the <i>press</i>
+prosecution), on which he had been found guilty. Again the court was
+crowded&mdash;this time with anxious faces, devoid of hope. It was a brief
+scene. Mr. Justice Fitzgerald announced the sentence&mdash;six months in
+Richmond Prison; and amidst a farewell demonstration that compelled the
+business of the court to be temporarily suspended, the officials led
+away in custody the only one of the prosecuted processionists who
+expiated by punishment his sympathy with the fate of the Martyred Three
+of Manchester.</p>
+
+<h2>END.</h2>
+
+<p>
+[Transcriber's note: The spelling inconsistencies of the original are
+retained in this etext.]
+</p>
+
+
+
+
+
+
+
+
+<pre>
+
+
+
+
+
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+The Project Gutenberg EBook of The Wearing of the Green, by A.M. Sullivan
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: The Wearing of the Green
+
+Author: A.M. Sullivan
+
+Release Date: July 8, 2004 [EBook #12853]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK THE WEARING OF THE GREEN ***
+
+
+
+
+Produced by Jonathan Ingram, Martin Pettit and PG Distributed
+Proofreaders
+
+
+
+
+
+
+[Transcriber's note: The spelling inconsistencies of the original are
+retained in this etext.]
+
+
+THE
+
+"WEARING OF THE GREEN,"
+
+_OR_
+
+THE PROSECUTED FUNERAL PROCESSION.
+
+       *       *       *       *       *
+
+  Let the echoes fall unbroken;
+     Let our tears in silence flow;
+  For each word thus nobly spoken,
+     Let us yield a nation's woe;
+  Yet, while weeping, sternly keeping
+     Wary watch upon the foe.
+
+_Poem in the_ "NATION."
+
+DUBLIN:
+
+A.M. SULLIVAN, ABBEY STREET.
+
+1868.
+
+
+
+
+THE
+
+PROSECUTED FUNERAL PROCESSION.
+
+       *       *       *       *       *
+
+The news of the Manchester executions on the morning of Saturday, 23rd
+November, 1867, fell upon Ireland with sudden and dismal disillusion.
+
+In time to come, when the generation now living shall have passed away,
+men will probably find it difficult to fully realize or understand the
+state of stupor and amazement which ensued in this country on the first
+tidings of that event; seeing, as it may be said, that the victims had
+lain for weeks under sentence of death, to be executed on this date. Yet
+surprise indubitably was the first and most overpowering emotion; for,
+in truth, no one up to that hour had really credited that England would
+take the lives of those three men on a verdict already publicly admitted
+and proclaimed to have been a blunder. Now, however, came the news that
+all was over--that the deed was done--and soon there was seen such an
+upheaving of national emotion as had not been witnessed in Ireland for a
+century. The public conscience, utterly shocked, revolted against the
+dreadful act perpetrated in the outraged name of justice. A great billow
+of grief rose and surged from end to end of the land. Political
+distinctions disappeared or were forgotten. The Manchester Victims--the
+Manchester Martyrs, they were already called--belonged to the Fenian
+organization; a conspiracy which the wisest and truest patriots of
+Ireland had condemned and resisted; yet men who had been prominent in
+withstanding, on national grounds, that hopeless and disastrous
+scheme--priests and laymen--were now amongst the foremost and the
+boldest in denouncing at every peril the savage act of vengeance
+perpetrated at Manchester. The Catholic clergy were the first to give
+articulate expression to the national emotion. The executions took place
+on Saturday; before night the telegraph had spread the news through the
+island; and on the next morning, being Sunday, from a thousand altars
+the sad event was announced to the assembled worshippers, and prayers
+were publicly offered for the souls of the victims. When the news was
+announced, a moan of sorrowful surprise burst from the congregation,
+followed by the wailing and sobbing of women; and when the priest, his
+own voice broken with emotion, asked all to join with him in praying the
+Merciful God to grant those young victims a place beside His throne, the
+assemblage with one voice responded, praying and weeping aloud!
+
+The manner in which the national feeling was demonstrated on this
+occasion was one peculiarly characteristic of a nation in which the
+sentiments of religion and patriotism are so closely blended. No stormy
+"indignation meetings" were held; no tumult, no violence, no cries for
+vengeance arose. In all probability--nay, to a certainty--all this would
+have happened, and these ebullitions of popular passion would have been
+heard, had the victims not passed into eternity. But now, they were gone
+where prayer alone could follow; and in the presence of this solemn fact
+the religious sentiment overbore all others with the Irish people. Cries
+of anger, imprecations, and threats of vengeance, could not avail the
+dead; but happily religion gave a vent to the pent-up feelings of the
+living. By prayer and mourning they could at once, most fitly and most
+successfully, demonstrate their horror of the guilty deed, and their
+sympathy with the innocent victims.
+
+Requiem Masses forthwith were announced and celebrated in several
+churches; and were attended by crowds everywhere too vast for the sacred
+edifices to contain. The churches in several instances were draped with
+black, and the ceremonies conducted with more than ordinary solemnity.
+In every case, however, the authorities of the Catholic church were
+careful to ensure that the sacred functions were sought and attended for
+spiritual considerations, not used merely for illegitimate political
+purposes; and wherever it was apprehended that the holy rites were in
+danger of such use, the masses were said privately.
+
+And soon public feeling found yet another vent; a mode of manifesting
+itself scarcely less edifying than the Requiem Masses; namely, funeral
+processions. The brutal vengeance of the law consigned the bodies of
+Allen, Larkin, and O'Brien to dishonoured graves; and forbade the
+presence of sympathising friend or sorrowing relative who might drop a
+tear above their mutilated remains. Their countrymen now, however,
+determined that ample atonement should be made to the memory of the dead
+for this denial of the decencies of sepulture. On Sunday, 1st December,
+in Cork. Manchester, Mitchelstown, Middleton, Limerick, and Skibbereen,
+funeral processions, at which thousands of persons attended, were held;
+that in Cork being admittedly the most imposing, not only in point of
+numbers, but in the character of the demonstration and the demeanour of
+the people.
+
+For more than twenty years Cork city has held an advanced position in
+the Irish national struggle. In truth, it has been one of the great
+strongholds of the national cause since 1848. Nowhere else did the
+national spirit keep its hold so tenaciously and so extensively amidst
+the people. In 1848 Cork city contained probably the most formidable
+organization in the country; formidable, not merely in numbers, but in
+the superior intelligence, earnestness, and determination of the men;
+and even in the Fenian conspiracy, it is unquestionable that the
+southern capital contributed to that movement men--chiefly belonging to
+the mercantile and commercial classes--who, in personal worth and
+standing, as well as in courage, intelligence, and patriotism, were the
+flower of the organization. Finally, it must be said, that it was Cork
+city by its funeral demonstration of the 1st December, that struck the
+first great blow at the Manchester verdict, and set all Ireland in
+motion. [Footnote: It may be truly said set the Irish race all over the
+world in motion. There is probably no parallel in history for the
+singular circumstance of these funeral processions being held by the
+dispersed Irish in lands remote, apart, as pole from pole--in the old
+hemisphere and in the new--in Europe, in America, in Australia;
+prosecutions being set on foot by the English government to punish them
+at both ends of the world--in Ireland and in New Zealand! In Hokatika
+the Irish settlers--most patriotic of Ireland's exiles--organized a
+highly impressive funeral demonstration. The government seized and
+prosecuted its leaders, the Rev. Father Larkin, a Catholic clergyman,
+and Mr. Wm. Manning, editor of the _Hokatika Celt_. A jury, terrified by
+Fenian panic, brought them in "guilty," and the patriot priest and
+journalist were consigned to a dungeon for the crime of mourning for the
+dead and protesting against judicial murder.]
+
+Meanwhile the Irish capital had moved, and was organizing a
+demonstration destined to surpass all that had yet been witnessed. Early
+in the second week of December, a committee was formed for the purpose
+of organizing a funeral procession in Dublin, worthy of the national
+metropolis. Dublin would have come forward sooner, but the question of
+the _legality_ of the processions that were announced to come off the
+previous week in Cork and other places, had been the subject of fierce
+discussion in the government press; and the national leaders were
+determined to avoid the slightest infringement of the law or the least
+inroad on the public peace. It was only when, on the 3rd of December,
+Lord Derby, the Prime Minister, replying in the House of Lords to Lord
+Dufferin, declared the opinion of the crown that the projected
+processions were not illegal, that the national party in Dublin decided
+to form a committee and organize a procession. The following were Lord
+Derby's words:--
+
+   "He could assure the noble lord that the government would continue to
+   carry out the law with firmness and impartiality. The Party
+   Processions Act, however, did not meet the case of the funeral
+   processions, the parties engaged in them having, by not displaying
+   banners or other emblems, kept within the law as far as his
+   information went."
+
+Still more strong assurance was contained in the reply of the Irish
+Chief Secretary, Lord Mayo, to a question put by Sir P. O'Brien in the
+House of Commons. Lord Mayo publicly announced and promised that if any
+new opinion as to the legality of the processions should be arrived
+at--that is, should the crown see in them anything of illegality--_due
+and timely notice would be given_ by proclamation, so that no one might
+offend through ignorance. Here are his words:--
+
+   "It is the wish of the government to act strictly in accordance with
+   the law; _and of course ample notice will be given either by
+   proclamation or otherwise_."
+
+The Dublin funeral committee thereupon at once issued the following
+announcement, by placard and advertisement:--
+
+   GOD SAVE IRELAND!
+   A PUBLIC FUNERAL PROCESSION
+
+   In honour of the Irish Patriots
+   Executed at Manchester, 23rd November,
+   Will take place in Dublin
+   On Sunday next, the 8th inst.
+
+       *       *       *       *       *
+
+   The procession will assemble in Beresford-place, near the Custom
+   House, and will start from thence at the hour of twelve o'clock noon.
+
+       *       *       *       *       *
+
+   No flags, banners, or party emblems will be allowed.
+
+       *       *       *       *       *
+
+   IRISHMEN
+
+   Assemble in your thousands, and show by your numbers and your orderly
+   demeanour your sympathy with the fate of the executed patriots.
+
+       *       *       *       *       *
+
+   IRISHWOMEN
+
+   You are requested to lend the dignity of your presence to this
+   important National Demonstration.
+
+   By Order of the Committee.
+
+   JOHN MARTIN, Chairman.
+   J.C. WATERS, Hon. Secretary.
+   JAMES SCANLAN, Hon. Secretary.
+   J.J. LALOR, Hon. Secretary.
+   DONAL SULLIVAN, Up. Buckingham-street, Treasurer.
+
+The appearance of the "funeral procession placards" all over the city on
+Thursday, 5th December, increased the public excitement. No other topic
+was discussed in any place of public resort, but the event forthcoming
+on Sunday. The first evidence of what it was about to be, was the
+appearance of the drapery establishments in the city on Saturday
+morning; the windows, exteriorly and interiorly, being one mass of crape
+and green ribbon--funeral knots, badges, scarfs, hat-bands, neckties,
+&c., exposed for sale. Before noon most of the retail, and several of
+the wholesale houses had their entire stock of green ribbon and crape
+exhausted, it being computed that _nearly one hundred thousand yards_
+had been sold up to midnight of Saturday! Meantime the committee sat _en
+permanance_, zealously pushing their arrangements for the orderly and
+successful carrying out of their great undertaking--appointing stewards,
+marshals, &c.--in a word, completing the numerous details on the
+perfection of which it greatly depended whether Sunday was to witness a
+successful demonstration or a scene of disastrous disorder. On this, as
+upon every occasion when a national demonstration was to be organized,
+the trades of Dublin, Kingstown, and Dalkey, exhibited that spirit of
+patriotism for which they have been proverbial in our generation. From
+their ranks came the most efficient aids in every department of the
+preparations. On Saturday evening the carpenters, in a body, immediately
+after their day's work was over, instead of seeking home and rest,
+refreshment or recreation after their week of toil, turned into the
+_Nation_ office machine rooms, which they quickly improvised into a vast
+workshop, and there, as volunteers, laboured away till near midnight,
+manufacturing "wands" for the stewards of next morning's procession.
+
+Sunday, 8th December, 1867, dawned through watery skies. From shortly
+after day-break, rain, or rather half-melted sleet, continued to fall;
+and many persons concluded that there would be no attempt to hold the
+procession under such inclement weather. This circumstance was, no
+doubt, a grievous discouragement, or rather a discomfort and an
+inconvenience; but so far from preventing the procession, it was
+destined to add a hundred-fold to the significance and importance of the
+demonstration. Had the day been fine, tens of thousands of persons who
+eventually only lined the streets, wearing the funeral emblems, would
+have marched in the procession as they had originally intended; but
+hostile critics would in this case have said that the fineness of the
+day and the excitement of the pageant had merely caused a hundred
+thousand persons to come out for a holiday. Now, however, the depth,
+reality, and intensity of the popular feeling was about to be keenly
+tested. The subjoined account of this memorable demonstration is
+summarised from the Dublin daily papers of the next ensuing publication,
+the report of the _Freeman's Journal_ being chiefly used:--
+
+   As early as ten o'clock crowds began to gather in Beresford-place,
+   and in an hour about ten thousand men were present. The morning had
+   succeeded to the hopeless humidity of the night, and the drizzling
+   rain fell with almost dispiteous persistence. The early trains from
+   Kingstown and Dalkey, and all the citerior townlands, brought large
+   numbers into Dublin; and Westland-row, Brunswick, D'Olier, and
+   Sackville-streets, streamed with masses of humanity. A great number
+   of the processionists met in Earlsfort-terrace, all round the
+   Exhibition, and at twelve o'clock some thousands had collected. It
+   was not easy to learn the object of this gathering; it may have been
+   a mistake, and most probably it was, as they fell in with the great
+   body in the course of half an hour. The space from the quays,
+   including the great sweep in front of the Custom-house, was swarming
+   with men, and women, and small children, and the big ungainly crowd
+   bulged out in Gardiner-street, and the broad space leading up
+   Talbot-street. The ranks began to be formed at eleven o'clock amid a
+   down-pour of cold rain. The mud was deep and aqueous, and great pools
+   ran through the streets almost level with the paths. Some of the more
+   prominent of the men, and several of the committee, rode about
+   directing and organizing the crowd, which presented a most
+   extraordinary appearance. A couple of thousand young children stood
+   quietly in the rain and slush for over an hour; while behind them, in
+   close-packed numbers, were over two thousand young women. Not the
+   least blame can be attached to those who managed the affairs of the
+   day, inasmuch as the throng must have far exceeded even their most
+   sanguine expectations. Every moment some overwhelming accession
+   rolled down Abbey-street or Eden-quay, and swelled the already
+   surging multitude waiting for the start. Long before twelve o'clock,
+   the streets converging on the square were packed with spectators or
+   intending processionists. Cabs struggled hopelessly to yield up the
+   large number of highly respectable and well-attired ladies who had
+   come to walk. Those who had hired vehicles for the day to join the
+   procession were convinced of the impracticable character of their
+   intention; and many delicate old men who would not give up the
+   design, braved the terrors of asthma and bronchitis, and joined the
+   rain-defying throng. Right across the spacious ground was one
+   unmoving mass, constantly being enlarged by ever-coming crowds. All
+   the windows in Beresford-place were filled with spectators, and the
+   rain and cold seemed to have no saddening effect on the numerous
+   multitude. The various bands of the trade were being disposed in
+   their respective positions, and the hearses were a long way off and
+   altogether in the back-ground, when, at a quarter to twelve, the
+   first rank of men moved forward. Almost every one had an umbrella,
+   but they were thoroughly saturated with the never-ceasing down-pour.
+   As the steady, well-kept, twelve-deep ranks moved slowly out, some
+   ease was given to those pent up behind; and it was really wonderful
+   to see the facility with which the people adapted themselves to the
+   orders of their directors. Every chance of falling in was seized, and
+   soon the procession was in motion. The first five hundred men were of
+   the artisan class. They were dressed very respectably, and each man
+   wore upon his left shoulder a green rosette, and on his left arm a
+   band of crape. Numbers had hat-bands depending to the shoulder;
+   others had close crape intertwined carefully with green ribbon around
+   their hats; and the great majority of the better sort adhered to this
+   plan, which was executed with a skill unmistakably feminine. Here and
+   there at intervals a man appeared with a broad green scarf around his
+   shoulders, some embroidered with shamrocks, and others decorated with
+   harps. There was not a man throughout the procession but was
+   conspicuous by some emblem of nationality. Appointed officers walked
+   at the sides with wands in their hands and gently kept back the
+   curious and interested crowd whose sympathy was certainly
+   demonstrative. Behind the five hundred men came a couple of thousand
+   young children. These excited, perhaps, the most considerable
+   interest amongst the bystanders, whether sympathetic, neutral, or
+   opposite. Of tender age and innocent of opinions on any subject, they
+   were being marshalled by their parents in a demonstration which will
+   probably give a tone to their career hereafter; and seeds in the
+   juvenile mind ever bear fruit in due season. The presence of these
+   shivering little ones gave a serious significance to the
+   procession--they were hostages to the party who had organized the
+   demonstration. Earnestness must indeed have been strong in the mind
+   of the parent who directed his little son or daughter to walk in
+   saturating rain and painful cold through five or six miles of mud and
+   water, and all this merely to say "I and my children were there." It
+   portends something more than sentiment. It is national education with
+   a vengeance. Comment on this remarkable constituent was very frequent
+   throughout the day, and when toward evening this band of boys sang
+   out with lusty unanimity a popular Yankee air, spectators were
+   satisfied of their culture and training. After the children came
+   about one hundred young women who had been unable to gain their
+   proper position, and accepted the place which chance assigned them.
+   They were succeeded by a band dressed very respectably, with crape
+   and green ribbons round their caps. These were followed by a number
+   of rather elderly men, probably the parents of the children far
+   ahead. At this portion of the procession, a mile from the point, they
+   marched four deep, there having been a gradual decline from the
+   front. Next came the bricklayers' band all dressed in green caps, a
+   very superior-looking body of men. Then followed a very imposing
+   well-kept line, composed of young men of the better class, well
+   attired and respectable looking. These wore crape hat-bands, and
+   green rosettes with harps in the centre. Several had broad green body
+   scarfs, with gold tinsel shamrocks and harps intertwined. As this
+   portion of the procession marched they attracted very considerable
+   attention by their orderly, measured tread, and the almost soldierly
+   precision with which they maintained the line. They numbered about
+   four or five thousand, and there were few who were not young, sinewy,
+   stalwart fellows. When they had reached the further end of
+   Abbey-street, the ground about Beresford-place was gradually becoming
+   clear, and the spectator had some opportunity afforded of glancing
+   more closely at the component parts of the great crowd. All round the
+   Custom-house was still packed a dense throng, and large streams were
+   flowing from the northern districts, Clontarf, the Strand, and the
+   quays. The shipping was gaily decorated, and many of the masts were
+   filled with young tars, wearing green bands on their hats. At
+   half-past twelve o'clock, the most interesting portion of the
+   procession left the Custom-house. About two thousand young women, who
+   in attire, demeanour, and general appearance, certainly justified
+   their title to be called ladies walked in six-deep ranks. The general
+   public kept pace with them for a great distance. The green was most
+   demonstrative, every lady having shawl, bonnet, veil, dress, or
+   mantle of the national hue. The mud made sad havoc of their attire,
+   but notwithstanding all mishaps they maintained good order and
+   regularity. They stretched for over half a-mile, and added very
+   notably to the imposing appearance, of the procession. So great was
+   the pressure in Abbey-street, that for a very long time there were no
+   less than three processions walking side-by-side. These halted at the
+   end of the street, and followed as they were afforded opportunity.
+   One of the bands was about to play near the Abbey-street Wesleyan
+   House, but when a policeman told them of the proximity of the place
+   of worship, they immediately desisted. The first was a very long way
+   back in the line, and the foremost men must have been near the
+   Ormond-quays, when the four horses moved into Abbey-street. They were
+   draped with black cloths, and white plumes were at their heads. The
+   hearse also had white plumes, and was covered with black palls. On
+   the side was "William P. Allen." A number of men followed, and then
+   came a band. In the earlier portion of the day there were seen but
+   two hearses, the second one bearing Larkin's name. It was succeeded
+   by four mourning coaches, drawn by two horses each. A large number
+   of young men from the monster houses followed in admirable order. In
+   this throng were very many men of business, large employers, and
+   members of the professions. Several of the trades were in great
+   force. It had been arranged to have the trade banners carried in
+   front of the artisans of every calling, but at the suggestion of the
+   chairman this design was abandoned. The men walked, however, in
+   considerable strength. They marched from their various
+   committee-rooms to the Custom-house. The quay porters were present to
+   the number of 500, and presented a very orderly, cleanly appearance.
+   They were comfortably dressed, and walked close after the hearse
+   bearing Larkin's name. Around this bier were a number of men bearing
+   in their hands long and waving palms--emblems of martyrdom. The
+   trades came next, and were led off by the various branches of the
+   association known as the Amalgamated Trades. The plasterers made
+   about 300, the painters 350, the boot and shoemakers mustered 1,000,
+   the bricklayers 500, the carpenters 300, the slaters 450, the sawyers
+   200, and the skinners, coopers, tailors, bakers, and the other
+   trades, made a very respectable show, both as to numbers and
+   appearance. Each of these had representatives in the front of the
+   procession, amongst the fine body of men who marched eight deep. The
+   whole ground near the starting place was clear at half-past one, and
+   by that time the demonstration was seen to a greater advantage than
+   previously. All down Abbey-streets, and in fact throughout the
+   procession, the pathways were crowded by persons who were practically
+   of it, though not in it. Very many young girls naturally enough
+   preferred to stand on the pathways rather than to be saturated with
+   mud and water. But it may truly be said that every second man and
+   woman of the crowds in almost every street were of the procession.
+   Cabs filled with ladies and gentlemen remained at the waysides all
+   day watching the march. The horses' heads were gaily decorated with
+   green ribbons, while every Jehu in the city wore a rosette or a crape
+   band. Nothing of special note occurred until the procession turned
+   into Dame-street. The appearance of the demonstration was here far
+   greater than at any other portion of the city. Both sides of the
+   street, and as far as Carlisle-bridge, were lined with cabs and
+   carriages filled with spectators who were prevented by the bitter
+   inclemency of the day from taking an active part in the proceedings.
+   The procession was here grandly imposing, and after Larkin's hearse
+   were no less than nine carriages, and several cabs. It is stated that
+   Mrs. Luby and Miss Mulcahy occupied one of the vehicles, and
+   relatives of others now in confinement were alleged to have been
+   present. One circumstance, which was generally remarked as having
+   great significance, was the presence in one line of ten soldiers of
+   the 86th Regiment. They were dressed in their great overcoats, which
+   they wore open so as to show the scarlet tunic. These men may have
+   been on leave, inasmuch as the great military force were confined to
+   barracks, and kept under arms from six o'clock, a.m. The cavalry were
+   in readiness for action, if necessary. Mounted military and police
+   orderlies were stationed at various points of the city to convey any
+   requisite intelligence to the authorities, and the constabulary at
+   the depot, Phoenix Park, were also prepared, if their services should
+   be required. At the police stations throughout the city large numbers
+   of men were kept all day under arms. It is pleasant to state that no
+   interference was necessary, as the great demonstration terminated
+   without the slightest disturbance. The public houses generally
+   remained closed until five o'clock, and the sobriety of the crowds
+   was the subject of the general comment.
+
+   From an early hour in the morning every possible position along the
+   quays that afforded a good view of the procession was taken advantage
+   of, and, despite the inclemency of the weather, the parapets of the
+   various bridges, commencing at Capel-street, were crowded with
+   adventurous youths, who seemed to think nothing of the risks they ran
+   in comparison with the opportunities they had of seeing the great
+   sight in all its splendour. From eleven until twelve o'clock the
+   greatest efforts were made to secure good places The side walks were
+   crowded and impassable. The lower windows of the houses were made the
+   most of by men who clutched the shutters and bars, whilst the upper
+   windows were, as a general rule, filled with the fair sex, and it is
+   almost unnecessary to add that almost every man, woman, and child
+   displayed some emblem suitable to the occasion. Indeed, the
+   originality of the designs was a striking feature. The women wore
+   green ribbons and veils, and many entire dresses of the favourite
+   colour. The numerous windows of the Four Courts accommodated hundreds
+   of ladies, and we may mention that within the building were two
+   pieces of artillery, a plentiful supply of rockets, and a number of
+   policemen. It was arranged that the rockets should be fired from the
+   roof in case military assistance was required. Contrary to the
+   general expectation, the head of the procession appeared at
+   Essex-bridge shortly before twelve o'clock. As it was expected to
+   leave Beresford-place about that time, and as such gigantic
+   arrangements are seldom carried out punctually, the thousands of
+   people who congregated in this locality were pleasantly disappointed
+   when a society band turned the corner of Mary-street and came towards
+   the quays, with the processionists marching in slow and regular time.
+   The order that prevailed was almost marvellous--not a sound was heard
+   but the mournful strains of the music, and the prevalent feeling was
+   expressed, no doubt, by one or two of the processionists, who said in
+   answer to an inquiry, "We will be our own police to-day." They
+   certainly were their own police, for those who carried white wands
+   did not spare themselves in their endeavours to maintain order in the
+   ranks. As we have mentioned already, the first part of the procession
+   reached Capel-street shortly before twelve o'clock, and some idea of
+   the extent of the demonstration may be formed from the fact that the
+   hearses did not come in view until a quarter-past one o'clock. They
+   appeared at intervals of a quarter of an hour, and were received by a
+   general cry of "hush." The number of fine, well-dressed young women
+   in the procession here was the subject of general remark, whilst the
+   assemblage of boys astonished all who witnessed it on account of its
+   extent. The variety of the tokens of mourning, too, was remarkable.
+   Numbers of the women carried laurel branches in addition to green
+   ribbons and veils, and many of the men wore shamrocks in their hats.
+   The procession passed along the quays as far as King's-bridge, and it
+   there crossed and passed up Stevens'-lane. The windows of all the
+   houses _en route_ were crowded chiefly with women, and the railings
+   at the Esplanade and at King's-bridge, were crowded with spectators.
+
+   About one o'clock the head of the procession, which had been
+   compressed into a dense mass in Stevens'-lane, burst like confined
+   water when relieved of restraint, on entering James's-street, where
+   every window and doorstep was crowded. Along the lines of footway
+   extending at either side from the old fountain up to James's-gate,
+   were literally tented over with umbrellas of every hue and shade,
+   held up as protection against the cold rain that fell in drizzling
+   showers and made the streetway on which the vast numbers stood ankle
+   deep in the slushy mud. The music of the "Dead March in Saul," heard
+   in the distance, caused the people to break from the lines in which
+   they had partially stood awaiting the arrival of the procession,
+   which now, for the first time, began to assume its full proportions.
+   As it moved along the quays at the north side of the river, every
+   street, bridge, and laneway served to obstruct to a considerable
+   extent its progress and its order, owing to interruption from
+   carriage traffic and from the crowds that poured into it and swelled
+   it in its onward course. In the vast multitudes that lined this great
+   western artery of the city, the greatest order and propriety were
+   observed, and all seemed to be impressed with the one solemn and
+   all-pervading idea that they were assembled to express their deep
+   sympathy with the fate of three men whom they believed had been
+   condemned and had suffered death unjustly. Even amongst the young
+   there was not to be recognised the slightest approach to levity, and
+   the old characteristics of a great Irish gathering were not to be
+   perceived anywhere. The wrong, whether real or imaginary, done to
+   Allen, O'Brien, and Larkin, made their memory sacred with the
+   thousands that stood for hours in the December wet and cold of
+   yesterday, to testify by their presence their feelings and their
+   sympathies. The horsemen wearing green rosettes, trimmed with crape,
+   who rode in advance of the procession, kept back the crowds at either
+   side that encroached on the space in the centre of the street
+   required for the vast coming mass to move through. On it came, the
+   advance with measured tread, to the music of the band in front, and
+   notwithstanding the mire which had to be waded through, the line went
+   on at quiet pace, and with admirable order, but there was no effort
+   at anything like semi-military swagger or pompous demonstration.
+   Every window along the route of the procession was fully occupied by
+   male and female spectators, all wearing green ribbons and crape, and
+   in front of several of the houses black drapery was suspended. The
+   tide of men, women, and children continued to roll on in the
+   drenching rain, but nearly all the fair processionists carried
+   umbrellas. It was not till the head of the vast moving throng had
+   reached James's-gate that anything like a just conception could be
+   formed of its magnitude, as it was only now that it was beginning to
+   get into regular shape and find room to extend itself. The persons
+   whose duty it was to keep the several parts of the procession well
+   together had no easy part to play, as the line had to be repeatedly
+   broken to permit the ordinary carriage traffic of the streets to go
+   on with as little delay as possible. The _cortege_ at this point
+   looked grand and solemn in the extreme because of its vastness, and
+   also because of all present appearing to be impressed with the one
+   idea. The gloomy, wet, and cheerless weather was quite in keeping
+   with the funeral march of 35,000 people. The bands were placed at
+   such proper distances that the playing of one did not interfere with
+   the other. After passing James's-gate the band in front ceased to
+   perform, and on passing the house 151 Thomas-street every head was
+   uncovered in honour of Lord Edward Fitzgerald, who was arrested and
+   mortally wounded by Major Sirr and his assistants in the front
+   bedroom of the second floor of that house. Such was the length of the
+   procession, that an hour had elapsed from the time its head entered
+   James's-street before the first hearse turned the corner of
+   Stevens'-lane. In the neighbourhood of St. Catherine's church a vast
+   crowd of spectators had settled down, and every available elevation
+   was taken possession of. At this point a large portion of the
+   streetway was broken up for the purpose of laying down water-pipes,
+   and on the lifting-crane and the heaps of earth the people wedged and
+   packed themselves, which showed at once that this was a great centre
+   of attraction--and it was, for here was executed the young and
+   enthusiastic Robert Emmet sixty-four years ago. When Allen, O'Brien,
+   and Larkin were condemned to death as political offenders, some of
+   the highest and the noblest in the land warned the government to
+   pause before the extreme penalty pronounced on the condemned men
+   would be carried into effect, but all remonstrance was in vain, and
+   on last Saturday fortnight, three comparatively unknown men in their
+   death passed into the ranks of heroes and martyrs, because it was
+   believed, and believed generally, that their lives were sacrificed to
+   expediency, and not to satisfy justice. The spot where Robert Emmet
+   closed his young life on a bloody scaffold was yesterday regarded by
+   thousands upon thousands of his countrymen and women as a holy place,
+   and all looked upon his fate as similar to that of the three men
+   whose memory they had assembled to honour, and whose death they
+   pronounced to be unjust. It would be hard to give a just conception
+   of the scene here, as the procession advanced and divided, as it
+   were, into two great channels, owing to the breaking up of the
+   streetway. On the advance of the _cortege_ reaching the top of
+   Bridgefoot-street every head was uncovered, and nothing was to be
+   heard but the measured tread of the vast mass, but as if by some
+   secret and uncontrollable impulse a mighty, ringing, and enthusiastic
+   cheer, broke from the moving throng as the angle of the footway at
+   the eastern end of St. Catherine's church, where the scaffold on
+   which Emmet was executed stood, was passed. In that cheer there
+   appeared to be no fiction, as it evidently came straight from the
+   hearts of thousands, who waved their hats and handkerchiefs, as did
+   also the groups that clustered in the windows of the houses in the
+   neighbourhood. As the procession moved on from every part of it the
+   cheers rose again and again, men holding up their children, and
+   pointing out the place where one who loved Ireland, "not wisely but
+   too well," rendered up his life. When the hearse with white plumes
+   came up bearing on the side draperies the words "William P. Allen,"
+   all the enthusiasm and excitement ceased, and along the lines of
+   spectators prayers for the repose of the soul of the departed man
+   passed from mouth to mouth; and a sense of deep sadness seemed to
+   settle down on the swaying multitude as the procession rolled along
+   on its way. After this hearse came large numbers of females walking
+   on bravely, apparently heedless of the muddy streets and the
+   unceasing rain that came down without a moment's intermission. When
+   the second hearse, bearing white plumes and the name of "Michael
+   O'Brien" on the side pendants, came up, again all heads were
+   uncovered, and prayers recited by the people for the everlasting rest
+   of the departed. Still onward rolled the mighty mass, young and old,
+   and in the entire assemblage was not to be observed a single person
+   under the influence of drink, or requiring the slightest interference
+   on the part of the police, whose exertions were altogether confined
+   to keeping the general thoroughfare clear of obstruction. Indeed,
+   justly speaking, the people required no supervision, as they seemed
+   to feel that they had a solemn duty to discharge. Fathers were to be
+   seen bearing in their arms children dressed in white and decorated
+   with green ribbons, and here, as elsewhere, was observed unmistakable
+   evidence of the deep sympathy of the people with the executed men.
+   This was, perhaps, more strikingly illustrated as the third hearse,
+   with sable plumes, came up bearing at either side the name of
+   "Michael Larkin;" prayers for his soul's welfare were mingled with
+   expressions of commiseration for his widow and children. At the
+   entrance to Cornmarket, where the streetway narrows, the crushing
+   became very great, but still the procession kept its onward course.
+   On passing the shop of Hayburne, who, it will be remembered, was
+   convicted of being connected with the Fenian conspiracy, a large
+   number of persons in the procession uncovered and cheered. In the
+   house of Roantree, in High-street, who was also convicted of
+   treason-felony, a harp was displayed in one of the drawingroom
+   windows by a lady dressed in deep mourning, and the procession loudly
+   cheered as it passed on its route.
+
+   Standing at the corner of Christchurch-place, a fine view could be
+   had of the procession as it approached Winetavern-street from
+   High-street. The compact mass moved on at a regular pace, while from
+   the windows on either side of the streets the well-dressed citizens,
+   who preferred to witness the demonstration from an elevated position
+   rather than undergo the fatigues and unpleasantness of a walk through
+   the city in such weather, eagerly watched the approach of the
+   procession. Under the guidance of the horsemen and those whose wands
+   showed it was their duty to marshal the immense throng, the
+   procession moved at an orderly pace down Winetavern-street, which,
+   spacious as it is, was in a few minutes absolutely filled with the
+   vast crowds. The procession again reached the quays, and moved along
+   Wood-quay and Essex-quay, and into Parliament-street, which it
+   reached at twenty minutes to two o'clock. Passing down
+   Parliament-street, and approaching the O'Connell statue, a number of
+   persons began to cheer, but this was promptly suppressed by the
+   leaders, who galloped in advance for some distance with a view to the
+   preservation of the mournful silence that had prevailed. This was
+   strictly enjoined, and the instruction was generally observed by the
+   processionists. The reverential manner in which the many thousands of
+   the people passed the statue of the Liberator was very observable. A
+   rather heavy rain was falling at the time, yet there were thousands
+   who uncovered their heads as they looked up to the statue which
+   expressed the noble attitude and features of O'Connell. As the
+   procession moved along through Dame-street the footways became
+   blocked up, and lines of cabs took up places in the middle of the
+   carriageway, and the police exercised a wise discretion in preventing
+   vehicles from the surrounding streets driving in amongst the crowds.
+   By this means the danger of serious accident was prevented without
+   any public inconvenience being occasioned, as a line parallel to that
+   which the procession was taking was kept clear for all horse
+   conveyances. Owing to the hour growing late, and a considerable
+   distance still to be gone over, the procession moved at a quick pace.
+   In anticipation of its arrival great crowds collected in the vicinity
+   of the Bank of Ireland and Trinity College, where the _cortege_ was
+   kept well together, notwithstanding the difficulty of such a vast
+   mass passing on through the heart of the city filled at this point
+   with immense masses of spectators. Oil passing the old
+   Parliament-house numbers of men in the procession took of their hats,
+   but the disposition to cheer was suppressed, as it was at several
+   other points along the route. Turning down Westmoreland-street, the
+   procession, marshalled by Dr. Waters on horseback, passed slowly
+   along between the thick files of people on each side, most of whom
+   displayed the mourning and national symbols, black and green. The
+   spacious thoroughfare in a few minutes was filled with the dense
+   array, which in close compact ranks pressed on, the women, youths,
+   and children, bearing bravely the privations of the day, the bands
+   preceding and following the hearses playing the Dead March, the
+   solemn notes filling the air with mournful cadence. The windows of
+   the houses on each side of the street were filled with groups of
+   spectators of the strange and significant spectacle below. With the
+   dark masses of men, broken at intervals by the groups of females and
+   children, still stretched lengthily in the rere, the first section of
+   the procession crossed Carlisle-bridge, the footways and parapets of
+   which were thronged with people, nearly all of whom wore the usual
+   tokens of sympathy. Passing the bridge, a glance to the right, down
+   the river, revealed the fact that the ships, almost without
+   exception, had their flags flying half mast high, and that the
+   rigging of several were filled with seamen, who chose this elevated
+   position to get a glimpse of the procession as it emerged into
+   Sackville-street. Here the sight was imposing. A throng of spectators
+   lined each side of the magnificent thoroughfare, and the lofty houses
+   had their windows on each side occupied with spectators. Pressing
+   onwards with measured, steady pace, regardless of the heavy rain, the
+   cold wind, and the gloomy sky, the procession soon filled
+   Sackville-street from end to end with its dense dark mass, which
+   stretching away over Carlisle-bridge, seemed motionless in the
+   distance. The procession defiled to the left of the site of the
+   O'Connell monument at the head of the street, and the national
+   associations connected with this spot was acknowledged by the large
+   numbers of the processionists, who, with uncovered heads, marched
+   past, some expressing their feelings with a subdued cheer. The
+   foremost ranks were nearing Glasnevin when the first of the hearses
+   entered Sackville-street, which, at this moment, held a numberless
+   throng of people, processionists, and spectators, the latter, as at
+   all the other points of the route, exhibiting prominently the sable
+   and green emblems, which evidenced their approval of the
+   demonstration. The hearses slowly passed along, followed by the
+   mourning carriages, the bands playing alternately "Adeste Fidelis"
+   and the "Dead March," and then followed the deep column of the
+   processionists, still marching onwards with unflagging spirit,
+   thousands seeming to be thoroughly soaked with the rain, which was
+   falling all the morning. Sackville-street was perhaps the best point
+   from which to get a correct notion of the enormous length of the
+   procession, and of the great numbers that accompanied it on its way
+   without actually entering the ranks. The base of the Nelson monument
+   was covered with spectators, and at the corners of Earl-street and
+   Henry-street there were stationary crowds, who chose these positions
+   to get a good view of the great display as it progressed towards
+   Cavendish-row. Through this comparatively narrow thoroughfare the
+   procession passed along into North Frederick-street and
+   Blessington-street, and thence by Upper Berkeley-street to the
+   Circular-road. Along this part of the route there were crowds of
+   spectators, male and female, most of whom wore the crape, and green
+   ribbons, all hurrying forward to the cemetery, the last stage of the
+   long and fatiguing journey of the procession. As the first part of
+   the array passed the Mater Misericordiae Hospital, and came in sight
+   of the Mountjoy Prison, they gave a cheer, which was caught up by
+   those behind, and as file after file passed the prison the cheers
+   were repeated. With unbroken and undiminished ranks the procession
+   pressed on towards Glasnevin; but when the head had reached the
+   cemetery, the closing section must have been far away in the city.
+   The first part of the procession halted outside the gate of the
+   cemetery, the spacious area in front of which was in a few moments
+   completely filled by the dense masses who came up. A move then became
+   necessary, and accordingly the procession recommenced its journey by
+   passing through the open gates of the cemetery down the pathways
+   leading to the M'Manus grave, followed by some of the bands playing
+   the "Adeste Fidelis." As fast as the files passed through others
+   marched up, and when, after some time the carriage containing Mr.
+   John Martin arrived, the open ground fronting the cemetery was one
+   enormous mass of the processionists, while behind on the road leading
+   up to this point thousands were to be seen moving slowly forward to
+   the strains of the "Dead March," given out by the bands immediately
+   in front of the hearses.
+
+
+   MR. MARTIN'S ADDRESS.
+
+   On the arrival of the procession at the cemetery Mr. Martin was
+   hailed with loud applause. It being understood he would make some
+   observations, the multitude gathered together to hear him. He
+   addressed the vast multitude from the window of a house overlooking
+   the great open space in front of the cemetery. On presenting himself
+   he was received with enthusiastic cheering. When silence was obtained
+   he said:--
+
+   "Fellow-countrymen--This is a strange kind of funeral procession
+   in which we are engaged to-day. We are here, a vast multitude
+   of men, women, and children in a very inclement season of
+   the year, under rain and through mud. We are here escorting three
+   empty hearses to the consecrated last resting place of those who die
+   in the Lord (cheers). The three bodies that we would tenderly bear to
+   the churchyard, and would bury in consecrated ground with all the
+   solem rites of religion, are not here. They are away in a foreign and
+   hostile land (hear, hear), where they have been thrown into
+   unconsecrated ground, branded by the triumphant hatred of our enemies
+   as the vile remains of murderers (cries of 'no murderers,' and
+   cheers). Those three men whose memories we are here to-day to
+   honour--Allen, O'Brien, and Larkin--they were not murderers (great
+   cheering). [A Voice--Lord have mercy on them.] Mr. Martin--These men
+   were pious men, virtuous men--they were men who feared God and loved
+   their country. They sorrowed for the sorrows of the dear old native
+   land of their love (hear, hear). They wished, if possible, to save
+   her, and for that love and for that wish they were doomed to an
+   ignominious death at the hands of the British hangman (hear, hear).
+   It was as Irish patriots that these men were doomed to death
+   (cheers). And it was as Irish patriots that they met their death
+   (cheers). For these reasons, my countrymen, we here to-day have
+   joined in this solemn procession to honour their memories (cheers).
+   For that reason we say from our hearts, 'May their souls rest in
+   peace' (cries of Amen, and cheers). For that reason, my countrymen,
+   we join in their last prayer, 'God save Ireland' (enthusiastic
+   cheering). The death of these three men was an act of English policy.
+   [Here there was some interruption caused by the fresh arrivals and
+   the pushing forward.] I beg of all within reach of my voice to end
+   this demonstration as we have carried it through to the present time,
+   with admirable patience, in the best spirit, with respect, silence
+   and solemnity, to the end (cheers, and cries of 'we will'). I say the
+   death of these men was a legal murder, and that legal murder was an
+   act of English policy (cheers)--of the policy of that nation which
+   through jealousy and hatred of our nation, destroyed by fraud and
+   force our just government sixty-seven years ago (cheers). They have
+   been sixty-seven sad years of insult and robbery--of
+   impoverishment--of extermination--of suffering beyond what any other
+   subject people but ours have ever endured from the malignity of
+   foreign masters (cheers). Nearly through all these years the Irish
+   people continued to pray for the restoration of their Irish national
+   rule. They offered their forgiveness to England. They offered even
+   their friendship to England if she would only give up her usurped
+   power to tyrannise over us, and leave us to live in peace, and as
+   honourable neighbours. But in vain. England felt herself strong
+   enough to continue to insult and rob us, and she was too greedy and
+   too insolent to cease from robbing and insulting us (cheers). Now it
+   has come to pass as a consequence of that malignant policy pursued
+   for so many long years--it has come to pass that the great body of
+   the Irish people despair of obtaining peaceful restitution of our
+   national rights (cheers). And it has also come to pass that vast
+   numbers of Irishmen, whom the oppression of English rule forbade to
+   live by honest industry in their own country, have in America learned
+   to become soldiers (cheers). And those Irish soldiers seem resolved
+   to make war against England (cheers). And England is in a panic of
+   rage and fear in consequence of this (loud cheers). And being in a
+   panic about Fenianism, she hopes to strike terror into her Irish
+   malcontents by a legal murder (loud cheers). England wanted to show
+   that she was not afraid of Fenianism--[A Voice--'She will be.'] And
+   she has only shown that she is not afraid to do injustice in the face
+   of Heaven and of man. Many a wicked statute she has framed--many a
+   jury she has packed, in order to dispose of her Irish political
+   offenders--but in the case of Allen, O'Brien, and Larkin, she has
+   committed such an outrage on justice and decency as to make even many
+   Englishmen stand aghast. I shall not detain you with entering into
+   details with which you are all well acquainted as to the shameful
+   scenes of the handcuffing of the untried prisoners--as to the
+   shameful scenes of the trial up to the last moment, when the three
+   men--our dearly beloved Irish brethren, were forced to give up their
+   innocent lives as a sacrifice for the cause of Ireland (loud cheers);
+   and, fellow-countrymen, these three humble Irishmen who represented
+   Ireland on that sad occasion demeaned themselves as Christians, as
+   patriots, modestly, courageously, piously, nobly (loud cheers). We
+   need not blush for them. They bore themselves all through with a
+   courage worthy of the greatest heroes that ever obtained glory upon
+   earth. They behaved through all the trying scenes I referred to with
+   Christian patience--with resignation to the will of God--(hear,
+   hear)--with modest, yet proud and firm adherence to principle
+   (cheers). They showed their love to Ireland and their fear of God
+   from the first to the last (cheers). It is vain for me to attempt to
+   detain you with many words upon this matter. I will say this, that
+   all who are here do not approve of the schemes for the relief of
+   Ireland that these men were supposed to have contemplated; but all
+   who love Ireland, all generous, Christian men, and women, and
+   children of Ireland--all the children growing up to be men and women
+   of Ireland (hear, hear)--all those feel an intense sympathy, an
+   intense love for the memories of these three men whom England has
+   murdered in form of law by way of striking terror into her Irish
+   subjects. Fellow-countrymen, it is idle almost for me to persist in
+   addressing weak words of mine to you--for your presence here
+   to-day--your demeanour all through--the solemn conduct of the vast
+   multitude assembled directly under the terrorism of a hostile
+   government--say more than the words of the greatest orator--more than
+   the words of a Meagher could say for you (cheers). You have behaved
+   yourselves all through this day with most admirable spirit as good
+   Irishmen and women--as good boys and girls of holy Ireland ought to
+   be (cheers), and I am sure you will behave so to the end (cries of
+   yes, yes). This demonstration is mainly one of mourning for the fate
+   of these three good Irishmen (cheers), but fellow-countrymen, and
+   women, and boys, and girls, it is also one of protest and indignation
+   against the conduct of our rulers (hear, hear, and cheers) Your
+   attendance here to-day is a sufficient protest. Your orderly
+   behaviour--your good temper all through this wretched weather--your
+   attendance here in such vast numbers for such a purpose--avowedly and
+   in the face of the terrorism of the government, which falls most
+   directly upon the metropolis--that is enough for protest. You in your
+   multitudes, men, women, and children, have to-day made that protest.
+   Your conduct has been admirable for patience, for good nature, for
+   fine spirit, for solemn sense of that great duty you were resolved to
+   do. You will return home with the same good order and
+   inoffensiveness. You will join with me now in repeating the prayer of
+   the three martyrs whom we mourn--'God save Ireland!' And all of you,
+   men, women, and boys and girls that are to be men and women of holy
+   Ireland, will ever keep the sentiment of that prayer in your heart of
+   hearts." Mr. Martin concluded amid enthusiastic cheering.
+
+   At the conclusion of his address, Mr. Martin, accompanied by a large
+   body of the processionists, proceeded to the cemetery, where Mr.
+   Martin visited the grave of Terence Bellew M'Manus. The crowds walked
+   around the grave as a mark of respect for the memory of M'Manus. Mr.
+   Martin left the cemetery soon after, end went to his carriage; the
+   people gathered about him and thanked him, and cheered him loudly.
+   The vast assemblage dispersed in the most orderly and peaceful
+   manner, and returned to their homes. They had suffered much from the
+   severity of the day, but they exhibited to the end the most
+   creditable endurance and patience. In the course of an hour the roads
+   were cleared and the city soon resumed its wonted quiet
+   aspect.[Footnote: In consequence of some vile misstatements in the
+   government press, which represented the crowd to have not only
+   behaved recklessly, but to have done considerable damaged to the
+   graves, tombs, shrubs, and fences in the cemetery, Mr. Coyle,
+   secretary to the Cemetery Board, published in the _Freeman_ an
+   official contradiction, stating that not one sixpence worth of damage
+   had been done. It is furthermore worthy of note, that at the city
+   police offices next morning not one case arising out of the
+   procession was before the magistrates, and the charges for
+   drunkenness were one-fourth below the average on Mondays!]
+
+Of the numbers in the procession "An Eye-witness," writing in the
+_Freeman_, says:--
+
+
+   The procession took one hour and forty minutes to pass the Four
+   Courts. Let us assume that as the average time in which it would pass
+   any given point, and deduct ten minutes for delays during that time.
+   If, then, it moved at the rate of two and a-half miles per hour, we
+   find that its length, with those suppositions, would be three and
+   three-quarters miles. From this deduct a quarter of a mile for breaks
+   or discrepancies, for we find the length of the column, if it moved
+   in a continuous line, to be three and a-half miles. We may now
+   suppose the ranks to be three feet apart, and consisting of ten in
+   each, at an average. The total number is therefore easily obtained by
+   dividing the product of 3-1/2 and 5,280 by 3, and multiplying the
+   quotient by 10. This will give as a result 61,600 which, I think, is
+   a fair approximation to the number of people in the procession alone.
+
+
+Even in the columns of the _Irish Times_ a letter appeared giving an
+honest estimate of the numbers in the procession. It was signed
+"T.M.G.," and said:--
+
+   I believe there was not fewer than 60,000 persons taking part in the
+   procession on Sunday. My point of observation was one of the best in
+   the city, seeing, as I could, from the entrance to the Lower Castle
+   Yard to the College Gates. I was as careful in my calculation as an
+   almost quick march would allow. There were also a few horsemen, three
+   hearses, and sixty-one hired carriages, cabs, and cars. A
+   correspondent in your columns this morning speaks of rows of from
+   four to nine deep; I saw very many of from ten to sixteen deep,
+   especially among the boys. The procession, took exactly eighty
+   minutes to pass this. There were several thousand onlookers within my
+   view.
+
+Of the ladies in the procession the _Freeman's Journal_ bore the
+following testimony, not more generous than truthful:--
+
+   The most important physical feature was not, however, the respectable
+   dress, the manly bearing, the order, discipline, and solemnity of the
+   men, but the large bodies of ladies who, in rich and costly attire,
+   marched the whole length of the long route, often ankle deep in mud,
+   utterly regardles of the incessant down-pour of rain which deluged
+   their silks and satins, and melted the mourning crape till it seemed
+   incorporated with the very substance of the velvet mantles or rich
+   shawls in which so many of the fair processionists were enveloped. In
+   vain did well-gloved hands hold thousands of green parasols and
+   umbrellas over their heads as they walked four and five deep through
+   the leading thoroughfares yesterday. The bonnets with their 'green
+   and crape' were alone defensible, velvets and Paisleys, silks and
+   satins, met one common fate--thorough saturation. Yet all this and
+   more was borne without a murmur. These ladies, and there were many
+   hundreds of them, mingled with thousands in less rich attire, went
+   out to cooperate with their fathers, brothers, and sweethearts in
+   honouring three men who died upon the ignominious gallows, and they
+   never flinched before the torrents, or swerved for an instant from
+   the ranks. There must be some deep and powerful influence underlying
+   this movement that could induce thousands of matrons and girls of
+   from eighteen to two and-twenty, full of the blushing modesty that
+   distinguishes Irishwomen, to lay aside their retiring characteristics
+   and march to the sound of martial music through every thoroughfare in
+   the metropolis of this country decked in green and crape.
+
+The Dublin correspondent of the _Tipperary Free Press_ referred to the
+demonstration as follows:--
+
+   Arrived in Sackville-street we were obliged to leave our cab and
+   endeavour, on foot, to force a way to our destination. This
+   magnificent street was crowded to repletion, and the approaches to
+   Beresford-place were 'black with people.' It was found necessary,
+   owing to the overwhelming numbers that assembled, to start the
+   procession before the hour named for its setting forth, and so it was
+   commenced in wonderful order, considering the masses that had to be
+   welded into shape. Marshals on foot and on horseback proceeded by the
+   side of those in rank and file, and they certainly wore successful in
+   preserving regularity of procedure. Mourning coaches and cabs
+   followed, and after each was a procession of women, at least a
+   thousand in number. Young and old were there--all decked in some
+   shape or other with green; many green dresses--some had green
+   feathers in their hats, but all had green ribbons prominently
+   displayed. The girls bore all the disagreeability of the long route
+   with wonderful endurance; it was bitterly cold--a sleety rain fell
+   during the entire day, and the roads were almost ankle deep in
+   mud--yet when they passed me on the return route they were apparently
+   as unwearied as when I saw them hours before. As the procession
+   trooped by--thousand after thousand--there was not a drunken man to
+   be seen--all were calm and orderly, and if they were, as many of them
+   were--soaked through--wet to the skin--they endured the discomfiture
+   resolutely. The numbers in the procession have been variously
+   estimated, but in my opinion there could not have been less than
+   50,000. But the demonstration was not confined to the processionists
+   alone; they walked through living walls, for along the entire route a
+   mass of people lined the way, the great majority of whom wore some
+   emblem of mourning, and every window of every house was thronged with
+   ladies and children, nearly all of whom were decorated. All semblance
+   of authority was withdrawn from sight, but every preparation had been
+   made under the personal direction of Lord Strathnairn, the
+   commander-in-chief, for the instant intervention of the military, had
+   any disturbances taken place. The troops were confined to barracks
+   since Saturday evening; they were kept in readiness to march at a
+   moment's notice; the horses of the cavalry were saddled all day long,
+   and those of the artillery were in harness. A battery of guns was in
+   the rere yard of the Four Courts, and mounted orderlies were
+   stationed at arranged points so as to convey orders to the different
+   barracks as speedily as possible. But, thanks to Providence, all
+   passed off quietly; the people seemed to feel the responsibility of
+   their position, and accordingly not even an angry word was to be
+   heard throughout the vast assemblage that for hours surged through
+   the highways of the city.
+
+The _Ulster Observer_, in the course of a beautiful and sympathetic
+article, touched on the great theme as follows:--
+
+   The main incidents of the singular and impressive event are worthy of
+   reflection. On a cold December morning, wet and dreary as any morning
+   in December might be, vast crowds assembled in the heart of Dublin to
+   follow to consecrated ground the empty hearses which bore the names
+   of the Irishmen whom England doomed to the gallows as murderers. The
+   air was piercingly chill, the rain poured down in torrents, the
+   streets were almost impassable from the accumulated pools of mingled
+   water and mud, yet 80,000 people braved the inclemency of the
+   weather, and unfalteringly carried out the programme so fervently
+   adopted. Amongst the vast multitude there were not only stalwart men,
+   capable of facing the difficulties of the day, but old men, who
+   struggled through and defied them; and, strangest of all, 'young
+   ladies, clothed in silk and velvet,' and women with tender children
+   by their sides, all of whom continued to the last to form a part of
+   the _cortege_, although the distance over which it passed must have
+   taxed the strongest physical energy. What a unanimity of feeling, or
+   rather what a naturalness of sentiment does not this wonderful
+   demonstration exhibit? It seems as if the 'God save Ireland' of the
+   humble successors of Emmet awoke in even the breast of infancy the
+   thrill which must have vibrated sternly and strongly in the heart of
+   manhood. Without exalting into classical grandeur the simple and
+   affectionate devotion of a simple and unsophisticated people, we
+   might compare this spectacle to that which ancient Rome witnessed,
+   when the ashes of Germanicus were borne in solemn state within her
+   portals. There were there the attendant crowd of female mourners, and
+   the bowed heads and sorrowing hearts of strong men. If the Irish
+   throngs had no hero to lament, who sustained their glory in the
+   field, and gained for them fresh laurels of victory, theirs was at
+   least a more disinterested tribute of grief, since it was paid to the
+   unpretending merit which laid down, life with the simple prayer of
+   'God save Ireland!' Amidst all the numerous thousands who proceeded
+   to Glasnevin, there was not, probably, one who would have sympathised
+   with any criminal offence, much less with the hideous one of murder.
+   And yet these thousands honoured and revered the memory of the men
+   condemned in England as assassins, and ignominiously buried in
+   felons' graves.
+
+
+This mighty demonstration--at once so unique, so solemn, so impressive,
+so portentous--was an event which the rulers of Ireland felt to be of
+critical importance. Following upon the Requiem Masses and the other
+processions, it amounted to a great public verdict which changed beyond
+all resistance the moral character of the Manchester trial and
+execution. If the procession could only have been called a "Fenian"
+demonstration, then indeed the government might hope to detract from its
+significance and importance. The sympathy of "co-conspirators" with
+fallen companions could not well be claimed as an index of general
+_public opinion_. But here was a demonstration notoriously apart from
+Fenianism, and it showed that a moral, a peaceable, a virtuous, a
+religious people, moved by the most virtuous and religious instincts,
+felt themselves coerced to execrate as a cowardly and revolting crime
+the act of state policy consummated on the Manchester gibbet. In fine,
+the country was up in moral revolt against a deed which the perpetrators
+themselves already felt to be of evil character, and one which they
+fain would blot for ever from public recollection.
+
+What was to be done? For the next ensuing Sunday similar demonstrations
+were announced in Killarney, Kilkenny, Drogheda, Ennis, Clonmel,
+Queenstown, Youghal, and Fermoy--the preparations in the first named
+town being under the direction of, and the procession about to be led
+by, a member of parliament, one of the most distinguished and
+influential of the Irish popular representatives--The O'Donoghue. What
+was to be done? Obviously, as the men had been hanged, there could be no
+halting halfway now. Having gone so far, the government seemed to feel
+that it must need go the whole way, and choke off, at all hazards, these
+inconvenient, these damnatory public protests. No man must be allowed to
+speak the Unutterable Words, which, like the handwriting on the wall in
+the banquetting hall of Belshazzar, seemed ever to be appearing before
+the affrighted consciences of Ireland's rulers. Be it right or be it
+wrong, be it justice or be it murder, the act must now be upheld--in
+fact, must not be alluded to. There must be _silence_ by law, on what
+had been done beneath the Manchester gallows-tree.
+
+But here there presented itself a difficulty. Before the government had
+any idea that the public revulsion would become so alarmingly extensive,
+the responsible ministers of the crown, specifically interrogated on the
+point, had, as we have seen, declared the funeral processions not to be
+illegal, and how, now, could the government interpose to prevent them?
+It certainly was a difficulty which there was no way of surmounting save
+by a proceeding which in any country constitutionally governed would
+cost its chief authors their lives on impeachment. The government,
+notwithstanding the words of its own responsible chiefs--_on the faith
+of which the Dublin procession was held, and numerous others were
+announced_--decided to treat as illegal the proceedings they had but a
+week before declared to be _not_ illegal; decided to prosecute the
+processionists who had acted on the government declarations; and decided
+to prevent, by sabre and cannon--by slaughter if necessary--the further
+processions announced in Killarney, Clonmel, Kilkenny, and elsewhere!
+
+On the evening of Thursday, the 12th December, Dublin city was flung
+into the most intense excitement by the issue of the following
+Government Proclamation:--
+
+       *       *       *       *       *
+
+   BY THE LORD LIEUTENANT AND COUNCIL OF IRELAND.
+
+   A PROCLAMATION.
+
+   ABERCORN.
+
+   Whereas it has been publicly announced that a meeting is to assemble
+   in the city of _Kilkenny_, and that a procession is to take place
+   there on Sunday, 15th day of December instant:
+
+   And whereas placards of the said intended meeting and procession have
+   been printed and circulated, stating that the said intended
+   procession is to take place in honour of certain men lately executed
+   in Manchester for the crime of murder, and calling upon Irishmen to
+   assemble in thousands for the said procession:
+
+   And whereas meetings and processions of large numbers of persons have
+   been already held and have taken place in different parts of the
+   United Kingdom of Great Britain and Ireland under the like pretence,
+   at some of which, and particularly at a meeting and procession in the
+   city of Dublin, language of a seditious and inflammatory character
+   has been used, calculated to excite discontent and disaffection in
+   the minds of her Majesty's subjects, and to create ill-will and
+   animosity amongst them, and to bring into hatred and contempt the
+   government and constitution of the country as by law established:
+
+   And whereas the said intended meeting and procession, and the objects
+   of the persons to be assembled, and take part therein, are not legal
+   or constitutional, but are calculated to bring into hatred and
+   contempt the government of the United Kingdom as by law established,
+   and to impede the administration of justice by intimidation, and the
+   demonstration of physical force.
+
+   Now we, the Lord Lieutenant and General Governor of Ireland, by and
+   with the advice of her Majesty's Privy Council in Ireland, being
+   satisfied that such meetings and processions as aforesaid can only
+   tend to serve the ends of factious, seditions, and traitorous
+   persons, and to the violation of the public peace, do hereby caution
+   and forewarn all persons whomsoever that they do abstain from
+   assembling at any such meeting, and from joining or taking part in
+   any such procession.
+
+   And we do hereby order and enjoin all magistrates and officers
+   entrusted with the preservation of the public peace, and others whom
+   it may concern, to aid and assist the execution of the law, in
+   preventing the said intended meeting and procession, and in the
+   effectual suppression of the same.
+
+   Given at the Council Chamber in Dublin, this Twelfth day of
+   December, 1807.
+
+
+   RICHARD C. DUBLIN.
+   A. BREWSTER, C.
+   MAYO.
+   STRATHNAIRN.
+   FRED. SHAW.
+   R. KEATINGE.
+   WILLIAM KEOGH.
+   JOHN E. WALSH.
+   HEDGES EYRE CHATTERTON.
+   ROBERT R. WARREN.
+
+Everybody knew what this proclamation meant. It plainly enough announced
+that not only would the further demonstrations be prevented, but that
+the Dublin processionists were to feel "the vengeance of the law"--that
+is the vengeance of the Manchester executioners. Next day the city was
+beset with the wildest rumours as to the arrests to be made or the
+prosecutions to be commenced. Everyone seemed to conclude of course that
+Mr. John Martin, Mr. A.M. Sullivan, and the Honorary Secretaries of the
+Procession Committee, were on the crown prosecutor's list; but besides
+these the names of dozens of gentlemen who had been on the committee, or
+who had acted as stewards, marshals, &c., at the funeral, were likewise
+mentioned. On Saturday it became known that late on the previous evening
+crown summonses had been served on Mr. J.J. Lalor, Dr. J.C. Waters, and
+Mr. James Scanlan, requiring them to attend on the following Tuesday at
+the Head Police Office to answer informations sworn against them for
+taking part in an "illegal procession" and a "seditious assembly." A
+summons had been taken out also against Mr. Martin; but as he had left
+Dublin for home on Friday, the police officers proceeded after him to
+Kilbroney, and "served" him there on Saturday evening.
+
+Beside and behind this open move was a secret castle plot so utterly
+disreputable that, as we shall see, the Attorney-General, startled by
+the shout of universal execration which it elicited, sent his official
+representative into public court to repudiate it as far as _he_ was
+concerned, and to offer a public apology to the gentlemen aggrieved by
+it. The history of that scandalous proceeding will appear in what
+follows.
+
+On Monday, 16th December, 1867, the Head Police Office, Exchange-court,
+Dublin, presented an excited scene. The daily papers of the day report
+the proceedings as follows:--
+
+   At one o'clock, the hour appointed by the summons, the defendants
+   attended in court, accompanied by their professional advisers and a
+   number of friends, including Alderman Plunkett, Mr. Butler, T.C.; the
+   Rev. P. Langan, P.P., Ardcath; A.M. Sullivan, T.C.; T.D. Sullivan,
+   J.J. Lalor, &c. Mr. Dix and Mr. Allen, divisional magistrates,
+   presided. Mr. James Murphy, Q.C., instructed by Mr. Anderson,
+   represented the crown. Mr. Heron, Q.C., and Mr. Molloy appeared for
+   J.J. Lalor. Mr. Crean appeared for Dr. Waters. Mr. Scallan appeared
+   as solicitor for J.J. Lalor and for Dr. Waters.
+
+   It was generally understood, on arrival at the Head-office, that the
+   cases would be heard in the usual court up stairs, and, accordingly,
+   the defendants and the professional gentlemen waited in the court for
+   a considerable time after one o'clock. It was then stated that the
+   magistrates would sit in another court down stairs, and all the
+   parties moved towards the door for the purpose of going there. Then
+   another arrangement was made, that the change would not take place,
+   and the parties concerned thereupon returned to their places. But in
+   a few minutes it was again announced that the proceedings would be in
+   the court down stairs. A general movement was made again by
+   defendants, by counsel, by solicitors, and others towards that court,
+   but on arriving at the entrances they were guarded by detectives and
+   police. The benches, which ought to have been reserved for the bar
+   and solicitors, and also for the press, were occupied by detectives,
+   and for a considerable time great difficulty was experienced in
+   getting places.
+
+   Mr. George M'Dermott, barrister, applied to the magistrates to assign
+   a place for the members of the bar.
+
+   Mr. Dix--I don't know that the bar, unless they are engaged in the
+   cases, have any greater privilege than anyone else. We have a
+   wretched court here.
+
+   Mr. M'Dermott said the bar was entitled to have room made for them
+   when it could be done.
+
+   Mr. W.L. Hackett--All the seats should not be occupied by policemen
+   to the exclusion of the bar.
+
+   Mr. Scallan, solicitor, who spoke from the end of the table,
+   said--Your worships, I am solicitor for one of the traversers, and I
+   cannot get near my counsel to communicate with him. The court is
+   filled with detectives.
+
+   Mr. Molloy--My solicitor has a right to be here; I want my solicitor
+   to be near me.
+
+   Mr. Dix--Certainly; how can men defend their clients if they are
+   inconvenienced.
+
+   An appeal was then made to the detectives who occupied the side bar
+   behind the counsel to make way.
+
+   Mr. Murphy, Q.C., said one was a policeman who was summoned. Mr.
+   Dix--The police have no right to take seats.
+
+   The detectives then yielded, and the professional gentlemen and the
+   reporters were accommodated.
+
+   Mr. Dix then called the cases.
+
+   Mr. Molloy--I appear with Mr. Heron, Q.C., on behalf of J.J. Lalor.
+
+   Mr. Crean--I appear for Dr. Waters.
+
+   Mr. John Martin--I appear on behalf of myself.
+
+   Mr. Crean--I understand there is an impression that Dr. Waters has
+   been summoned, but he has not.
+
+   Mr. Dix--If he appears that cures any defect.
+
+   Mr. Crean--I appear on his behalf, but I believe his personal
+   attendance is necessary.
+
+   Mr. Dix--Does anyone appear for Mr. Scanlan?
+
+   There was no answer.
+
+   Mr. Murphy, Q.C.--I ask whether Dr. Waters and Mr. Lalor appear in
+   court.
+
+   Mr. Molloy--My client Mr. Lalor, is in court.
+
+   Mr. Crean--I believe my client is not in court.
+
+   Mr. Murphy, Q.C.--I will prove the service of the summons against Dr.
+   Waters. If there is any defect in the summons it can be remedied. I
+   will not proceed against any person who does not appear.
+
+   Mr. Dix--Am I to take it there is no appearance for Dr. Waters or Mr.
+   Scanlan?
+
+   Mr. Crean--I appear for Dr. Waters. I believe he is not in court. It
+   was stated in the newspapers that he was summoned, but I am
+   instructed he has not been summoned at all.
+
+Mr. Murphy, Q.C., then proceeded in a careful and precise address to
+state the case for the crown. When he had concluded, and was about
+calling evidence, the following singular episode took place:--
+
+   Mr. Dix--You only proceed against two parties?
+
+   Mr. Murphy--I shall only proceed against the parties who
+   attend--against those who do not attend I shall not give evidence.
+
+   Mr. John Martin--If I am in order I would say, to save the time of
+   the court and to save the public money, that I would be very glad to
+   offer every facility to the crown. I believe, Sir, you (to Mr.
+   Murphy) are the crown?
+
+   Mr. Murphy--I represent the crown.
+
+   Mr. Martin--I will offer every facility to the crown for establishing
+   the facts both as to my conduct and my words.
+
+   Mr. A.M. Sullivan--I also will help you to put up some one, as you
+   seem scarce of the accused. I have been summoned myself--
+
+   Mr. Dix--Who are you?
+
+   Mr. Sullivan--My name is Alexander M. Sullivan, and, meaning no
+   disrespect to either of the magistrates, I publicly refuse even to
+   be sworn. I was present at the funeral procession--I participated in
+   it openly, deliberately, heartily--and I denounce as a personal and
+   public outrage the endeavour to degrade the national press of this
+   country by attempting to place in the light of--
+
+   Mr. Dix--I cannot allow this. This is not a place for making
+   speeches. I understand you are not summoned here at all.
+
+   Mr. Murphy--He is only summoned as a witness.
+
+   Mr. Dix--When you (to Mr. Sullivan) are called on will be the time to
+   hear you, not now.
+
+   Mr. Sullivan--I ask your worship, with your usual courtesy, to hear
+   me while I complain publicly of endeavouring to place the editor of a
+   national journal on the list of crown witnesses in this court as a
+   public and personal indignity--and as an endeavour to destroy the
+   influence of that national press, whose power they feel and fear, but
+   which they dare not prosecute. I personally complain--
+
+   Mr. Murphy--I don't know that this should be permitted.
+
+   Mr. Sullivan--Don't interrupt me for a moment.
+
+   Mr. Dix--Mr. Sullivan wants to have himself included in the summons
+   and charge.
+
+   Mr. Murphy--That cannot be done at present.
+
+   Mr. Sullivan--With one sentence I will conclude.
+
+   Mr. Murphy--I don't intend to have you called as a witness--
+
+   Mr. Sullivan--It is an endeavour to accomplish my imprisonment for
+   contempt, when the government "willing to wound, afraid to strike,"
+   know that they dare not accuse me as a Fenian--
+
+   Mr. Dix--You are not here as a Fenian.
+
+   Mr. Sullivan--For a moment. Knowing well, your worship, that they
+   could not get in all Ireland a jury to convict me, to secure my
+   imprisonment openly and fairly, they do this. I now declare that I
+   participated in that funeral, and I defy those who were guilty of
+   such cowardice as to subpoena me as a crown witness (applause).
+
+   Mr. Crean--I perceive that my client, Dr. C. Waters, is now in court.
+   In order to facilitate business, I shall offer no further objection;
+   but, as a matter of fact, he was not summoned.
+
+Then the case proceeded, the police giving their evidence on the whole
+very fairly, and testifying that the procession was one of the most
+peaceable, orderly, solemn, and impressive public demonstrations ever
+seen in Dublin. Against Mr. Martin it was testified that he marched at
+the head of the procession arm-in-arm with Mr. A.M. Sullivan and another
+gentleman; and that he delivered the memorable speech at the cemetery
+gate. Against Dr. Waters and Mr. Lalor it was advanced that they were
+honorary secretaries of the funeral committee, and had moreover acted,
+the former as a marshal, the latter as a steward in the procession. It
+was found, however, that the case could not be closed that day; and
+accordingly, late in the evening, the magistrates intimated that they
+would adjourn over to next morning. Suddenly from the body of the court
+is heard a stentorian voice:--
+
+   Mr. Bracken--I am summoned here as a crown witness. My name is Thomas
+   Bracken. I went, heart and soul into that procession (applause)--
+
+   Mr. Anderson, junior--I don't know this gentleman.
+
+   Mr. Bracken--I am very proud that neither you nor any one like you
+   knows me (applause).
+
+   Mr. Dix--I cannot hear you.
+
+   Mr. Bracken--I have been brought here as a crown witness away from my
+   business, and losing my time here.
+
+   Mr. Donal Sullivan--I am another, and I avow myself in the same way.
+
+   Several voices--"So am I."
+
+   Mr. Bracken--I want to know why I should be taken from my business,
+   by which I have to support my family, and put me before the eyes of
+   my countrymen as a crown witness (applause)? I went heart and soul
+   into the procession, and I am ready to do the same to-morrow, and
+   abide by the consequences (applause). It is curious that the
+   government should point me out as a crown witness.
+
+   Mr. Murphy--I ask for an adjournment till to-morrow.
+
+   Mr. Dix--It is more convenient to adjourn now.
+
+   Mr. Martin--I don't want to make any insinuations against the
+   gentlemen who represent the crown, nor against the police, but I
+   mention the fact, in order that they may relieve themselves from the
+   odium which would attach to them if they cannot explain it. This
+   morning a paragraph appears in one of the principal Dublin daily
+   papers, the _Irish Times_, in which it is said that I, John Martin,
+   have absconded; I must presume that the information was supplied to
+   that paper either by the crown representatives or by the police.
+
+   Mr. Murphy, Q.C.--It is right to state, so far as I am informed, that
+   an endeavour was made to serve Mr. Martin in Dublin. When the
+   summonses were issued he was not in Dublin, but had gone down to the
+   country, either to his own or the house of his brother, or--
+
+   Mr. Ross Todd, who sat beside Mr. Martin, here jumped up and said,
+   "To his own house, sir, to his own house"--
+
+   Mr. Murphy--Very well. A constable was sent down there, and saw Mr.
+   Martin, and he reported that Mr. Martin said he would attend
+   forthwith.
+
+   Mr. Dix--And he has done so?
+
+   Mr. Murphy--I have no other knowledge. It was briefed to me that Mr.
+   Martin said he would attend forthwith.
+
+   Mr. Martin--I am glad I have given the representatives of the crown
+   an opportunity of making that statement. But I cannot understand how,
+   when the representatives of the crown had the information, and when I
+   told the constables I would attend--as I have done at great
+   inconvenience and expense to myself--I cannot understand how a
+   newspaper should come to say I had absconded.
+
+   Mr. Murphy--I cannot understand it either; I can only tell the facts
+   within my own knowledge.
+
+   Mr. Molloy said it seemed very extraordinary that witnesses should be
+   summoned, and the crown say they were not.
+
+   Mr. Sullivan wished his summons to be examined. Did the magistrates
+   sign it?
+
+   Mr. Dix--Unless I saw the original I could not say.
+
+   Mr. J.J. Lalor--Sir John Gray has been summoned as a witness, too. It
+   is monstrous.
+
+   Sir John Gray, M.P.--I wish to state to your worship the unpleasant
+   circumstances under which I find myself placed. At an advanced hour
+   on Saturday I learned that the crown intended to summon as witnesses
+   for the prosecution some of the gentlemen connected with my
+   establishment. I immediately communicated with the crown prosecutor,
+   and said it was unfair towards these gentlemen to have them placed in
+   such an odious position, and that their refusal to act as crown
+   witnesses might subject them to serious personal consequences; I said
+   it would not be right of me to allow any of the gentlemen of my
+   establishment to subject themselves to the consequences of such
+   refusal, as I knew well they would all refuse. I suggested, if any
+   unpleasant consequences should follow, they should fall on the head
+   of the establishment alone (applause). I said "summon me, and deal
+   with me." I am here now, sir, to show my respect for you personally
+   and for this court; but I wish to state most distinctly that I will
+   never consent to be examined as a crown witness (applause).
+
+   Mr. Anderson, jun., here interposed.
+
+   Sir John Gray--I beg your pardon. I am addressing the bench, and I
+   hope I won't be interrupted. Some of my family are going to-night to
+   England to spend the Christmas with my son. I intend to escort them.
+   I will not be here to-morrow. I wish distinctly to state so. If I
+   were here, my respect for you and the bench, would induce me to be
+   present, but I would be present only to declare what I have already
+   stated, that I would not consent to be sworn or to give any evidence
+   whatever in this prosecution. I think it right to add that I attach
+   no blame whatever to the police authorities in this transaction. They
+   have, I am sure, performed their duty in this case with that
+   propriety which has always characterised their conduct. Neither do I
+   attach any blame to the crown prosecutor. I simply desire to state,
+   with the most profound respect for the bench and the court, that I
+   will not be a witness (loud applause).
+
+   Mr. Anderson--We don't intend to examine Sir John Gray, but I wish to
+   say that if the police believed any one could give important
+   evidence, it is a new proposition to me that it is an indignity upon
+   a man to summon him as a crown witness--
+
+   Mr. A.M. Sullivan--I say it is an indignity, and that the crown
+   solicitor should not seek to shift the responsibility on the police,
+   who only do what they are told.
+
+   Mr. Anderson--I am not trying to shift anything.
+
+   Mr. Sullivan--You are. You are trying to shift the responsibility of
+   having committed a gross indignity upon a member of parliament, upon
+   myself, and upon many honest men here.
+
+   Several persons holding up summonses said "hear, hear," and "yes."
+
+   Mr. Sullivan--This I charge to have been done by Mr. Anderson as his
+   base revenge upon honest men who bade him defiance. Mr. Anderson must
+   answer for this conduct. It is a vile conspiracy--a plot against
+   honest men, who here now to his face tell him they scorn and defy him
+   (applause).
+
+   Mr. Dix--I adjourn the case till one o'clock to-morrow.
+
+   The proceedings were then adjourned.
+
+So far have we quoted from the _Freeman's Journal_. Of the closing scene
+_Saunders's News-Letter_, grieving sorely over such a fiasco, gives the
+following account:--
+
+   The adjournment of the court was attended with a scene of tumult and
+   disorder that was rarely, or never, witnessed in a police court, in
+   presence of the magistrates and a large number of police--both
+   inspectors and detectives. The crowd of unwilling witnesses who had
+   been summoned to give evidence against the defendants, clamorously
+   protested against being brought there as crown witnesses, avowed that
+   they were present taking part in the procession, and loudly declared
+   that they would not attend at any subsequent hearing of the case. The
+   latter part of the case indeed was marked with frequent interruptions
+   and declarations of a similar kind, often very vociferously uttered.
+   The proceedings terminated amid the greatest and unchecked disorder.
+
+In plain words, "Scene I, Act I," in what was meant to be a most solemn,
+awe-inspiring government function, turned out an unmistakable farce, if
+not a disastrous break down. Even the government journals themselves,
+without waiting for "Scene II.," (though coming off immediately) raised
+a shout of condemnation of the discreditable bungle, and demanded that
+it should be forthwith abandoned. Considering the course ultimately
+taken by the government, these utterances of the government organs
+themselves, have a serious meaning and are of peculiar importance. The
+ultra-orange _Evening Mail_ (Tuesday, 17th December,) said:--
+
+   THE POLICE-COURT SCENE.
+
+   The scenes of yesterday in the Dublin police-court will cause an
+   astonished public to put the question, is the government insane? They
+   suppress the processions one day, and on the next proceed with
+   deliberation to destroy all possible effect from such an act by
+   inviting the magistrates' court to be used as a platform from whence
+   a fresh roar of defiance may be uttered. The originators of the
+   seditious demonstrations are charged with having brought the
+   government of the kingdom into hatred and contempt; but what step
+   taken, or word spoken or written, from the date of the first
+   procession to the last, brought the government into anything like the
+   "contempt" into which it plunged itself yesterday? The prosecutions
+   now instituted are in themselves an act of utter weakness. We so
+   declared when we imagined that they would be at least rationally
+   conducted; but what is to be said now? It is literally impossible to
+   give any sane explanation of the course taken in summoning as a crown
+   witness one who must have been known to be prepared to boast of his
+   participation in the procession. Mr. Sullivan boldly bearded the
+   prosecutors of his brethren. It was a splendid opportunity for him.
+   "I was present (he said) at that funeral procession. I participated
+   in it, deliberately and heartily. I call this a personal and public
+   outrage, to endeavour to drag the national press of this country--".
+   Timid and ineffectual attempts were made by the magistrate to protect
+   his court and position from insult, but Mr. Sullivan had the field,
+   and would hold it. "He might help the crown to put some one else up,"
+   he said, "as they are scarce, perhaps, in accused." The summoning of
+   him was, he resumed, an "attempt to destroy the national press, whose
+   power the crown feels and fears, but which they dare not prosecute."
+   Mr. Sullivan was suffered to describe the conduct of the crown
+   prosecutors at another stage as an "infamous plot." The government
+   desired "to accomplish his imprisonment; they were willing to wound
+   but afraid to strike." "They knew (he added) that they would not get
+   a jury in all Ireland to agree to convict me; and I now characterise
+   the conduct of the crown as base and cowardly." Another witness, in a
+   halting way, entered a like protest against being supposed to have
+   sympathy with the crown in the case; and the net result was a very
+   remarkable triumph for what Mr. Sullivan calls the "national
+   press"--a title wholly misapplied and grossly abused. Are we to have
+   a succession of these "scenes in court?"
+
+_Saunders's News-Letter_ of the same date dealt with the subject as
+follows:--
+
+   The first step in what appears to be a very doubtful proceeding was
+   taken yesterday by the law advisers of the crown. We refer to the
+   prosecution instituted against the leaders and organisers of the
+   Fenian procession which took place in this city on Sunday, the 8th
+   instant, in honour of the memories of the men executed at Manchester
+   for murder. As to the character of that demonstration we never
+   entertained any doubt. But it must be remembered that similar
+   demonstrations had taken place a week previously in London, in
+   Manchester, and in Cork, and that not only did the authorities not
+   interfere to prevent them, but that the prime minister declared in
+   the House of Lords that they were not illegal. Lord Derby doubtless,
+   intended to limit his observations to the violition of the Party
+   Processions Act, without pronouncing any opinion as to the legality
+   or illegality of the processions, viewed under another aspect, as
+   seditious assemblies. But his language was calculated to mislead,
+   and, as a matter of fact, was taken by the Fenian sympathisers as an
+   admission that their mock funeral processions were not unlawful. It
+   is not to be wondered at, therefore, however much to be deplored,
+   that the disaffected portion of the population should have eagerly
+   taken advantage of Lord Derby's declaration to make a safe display of
+   their sympathies and of their strength. They were encouraged to do so
+   by the toleration already extended towards their fellows in England
+   and in Cork, as well as by the statement of the prime minister. Under
+   these circumstances the prosecution of persons who took part in the
+   Dublin procession, even as organisers of that proceeding, appears to
+   us to be a matter of doubtful policy. Mr. John Martin, the leader of
+   the movement, stands in a different position from his companions.
+   They confined themselves to walking in the procession; he delivered
+   an inflammatory and seditious speech, for which he alone is
+   responsible, and which might have been made the subject of a separate
+   proceeding against him. To do Mr. Martin justice, he showed no desire
+   to shirk the responsibility he has incurred. At the police-court,
+   yesterday, he frankly avowed the part he had taken in the procession,
+   and offered to acknowledge the speech which he delivered on that
+   occasion. If, however, the policy which dictated the prosecution be
+   questionable, there can be no doubt at all as to the objectionable
+   manner in which some of the persons engaged in it have
+   acted--assuming the statement to be true that Mr. Sullivan,
+   proprietor and editor of the _Nation_ newspaper, and Sir John Gray,
+   proprietor of the _Freeman's Journal_, have been summoned as crown
+   witnesses. Who is responsible for this extraordinary proceeding it is
+   at present impossible to say. Mr. Murphy, Q.C., the counsel for the
+   crown, declared that he did not intend to examine Mr. Sullivan; Mr.
+   Anderson, the son of the crown solicitor, who appears to be entrusted
+   with the management of these prosecutions, denied that he had
+   directed the summonses to be served, and Mr. Dix, the magistrate,
+   stated that he had not signed them. Tot Mr. Sullivan produced the
+   summons requiring him to attend as a witness, and in the strongest
+   manner denounced the proceeding as a base and cowardly attempt on the
+   part of the government to imprison for contempt of court, a
+   "national journalist" whom they dared not prosecute. Sir John Gray,
+   ill less violent language, complained of an effort having been made
+   to place some of the gentlemen in his employment in the "odious
+   position of crown witnesses," and stated that he himself had been
+   subpoenaed, but would decline to give evidence. We have not concealed
+   our opinion as to the proper way of dealing with Mr. Sullivan. As the
+   weekly disseminator of most exciting and inflammatory articles, he is
+   doing much to promote disaffection and encourage Fenianism. In no
+   other country in the world would such writing be tolerated for a day;
+   and, assuredly it ought not to be permitted in Ireland in perilous
+   and exciting times like the present. But if Mr. Sullivan has offended
+   against the law, let him be proceeded against boldly, openly, and
+   fairly. He has, we think, a right to complain of being summoned as a
+   witness for the crown; but the government have even more reason to
+   complain of the conduct of their servants in exposing them by their
+   blunders to ridicule and contempt. It is too bad that with a large
+   and highly-paid staff of lawyers and attorneys the government
+   prosecutions should be conducted in a loose and slovenly manner. When
+   a state prosecution has been determined upon, every step ought to be
+   carefully and anxiously considered, and subordinate officials should
+   not be permitted by acts of officious zeal to compromise their
+   superiors and bring discredit on the administration of the law.
+
+The Liberal-Conservative _Irish Times_ was still more outspoken:--
+
+   While all commend the recent action of the government, and give the
+   executive full credit for the repression by proclamation of
+   processions avowedly intended to be protests against authority and
+   law, it is generally regretted that prosecutions should have been
+   instituted against some of those who had taken part in these
+   processions. Had these menacing assemblages been held after the
+   proclamations were issued, or in defiance of the authorities, the
+   utmost power should have been exerted to put them down, and the
+   terrors of the law would properly have been invoked to punish the
+   guilty. But, bearing in mind the fact that these processions had been
+   declared by the head of the government--expressing, no doubt, the
+   opinion entertained at that time by the law officers of the crown,
+   that these processions were "not illegal"--remembering, too, that
+   similar processions had been already held without the slightest
+   intimation of opposition on the part of government; and recollecting,
+   also, that the proclamation was everywhere implicitly obeyed, and
+   without the least wish to dispute it, we cannot avoid regretting that
+   the government should have been advised, at the last hour, to
+   institute prosecutions of such a nature. Once, however, it was
+   determined to vindicate the law in this way, the utmost care should
+   have been taken to maintain the dignity of the proceedings, and to
+   avoid everything calculated to create annoyance, irritation, or
+   offence. If we except the moderate and very able speech of Mr.
+   Murphy, Q.C., there is no one part of the proceedings in the
+   police-court which merits commendation. Some of the witnesses utterly
+   broke down; opportunity was given for utterances not calculated to
+   increase respect for the law; and disloyal sentiments were boldly
+   expressed and cheered until the court rang again. Great and serious
+   as was the mistake in not obtaining an accurate legal opinion
+   respecting the character of these meetings at the first, and then
+   prohibiting them, a far greater mistake is now, we think, committed
+   in instituting _these retrospective prosecutions_. For this mistake
+   the law officers of the crown must, we infer, be held responsible.
+   Were they men of energy and vigour, with the necessary knowledge of
+   the world, they would not have suffered the executive to permit
+   processions first, and then prohibit them, and at the same time try
+   men for participating in what had been pronounced not to be illegal.
+   We exonerate the attorney-general from the error of summoning to give
+   evidence persons who openly gloried in the part they had taken in
+   these meetings. To command the presence of such witnesses was of the
+   nature of an offence. There was no ground, for instance, for
+   supposing that Mr. Sullivan would have played the informer against
+   the friends who had walked with him in the procession--such is not
+   his character, his feeling, or his sense of honour. The summoning of
+   those who had moved with, and as part of, the multitude, to give
+   evidence against their fellows, was not only a most injudicious, but
+   a futile expedient, and naturally has caused very great
+   dissatisfaction and annoyance. The circumstance, however, proves that
+   the prosecutions was instituted without that exact care and minute
+   attention to all particulars which are necessary in a case of this
+   kind.
+
+Even the _Daily Express_, the, all-but subsidised, if not the secretly
+subsidised, organ of the ultra-orange section of the Irish
+administration, had to own the discomfiture of its patrons:--
+
+   Are our police offices to become a kind of national journals court?
+   Is the "national press of Ireland" then and there to bid for the
+   support immediately of the gallery, and more remotely of that portion
+   of the population which is humourously called the Irish Nation? These
+   speculations are suggested by a curious scene which took place at the
+   inquiry at the police office yesterday, and which will be found
+   detailed in another column. Mr. Sullivan, the editor of the _Nation_,
+   seized the opportunity of being summoned as a witness, to denounce
+   the government for not including him in the prosecution. He
+   complained "of endeavouring to place the editor of a national journal
+   on the list of crown witnesses in this court as a public and
+   personal indignity," and as an endeavour to destroy the influence of
+   the national press. It is certainly an open avowal to declare that
+   the mere placing of the name of the editor of a "national" journal
+   upon the list of crown witnesses is an unparalleled wrong. But Sir
+   John Gray was still more instructive. From him we learn that a
+   witness summoned to assist the crown in the prosecution of sedition
+   is placed in an "odious position." Odious it may be, but in the eyes
+   of whom? Surely not of any loyal subject? A paid informer, or
+   professional spy, may be personally odious in the eyes of those who
+   make use of his services. But we have yet to learn how a subject who
+   is summoned to come forward to assist the government fills an odious
+   position in the opinion of his loyal fellow-subjects. We should
+   rather have supposed him to be entitled to their gratitude. However
+   that may be, Sir John Gray came gallantly to the rescue of several
+   "gentlemen connected with his establishment," whom, he was informed,
+   the government intended to summon as witnesses. This, he knew, they
+   would all refuse. "I suggested, if any unpleasant consequences should
+   follow, that they should fall on the head of the establishment
+   alone." He called upon the authorities to summon him. We do complain
+   of our police-courts being made the scenes of open avowals of
+   determination to thwart, or, at least, not to assist the government
+   in their endeavours to prosecute treason and sedition. We can imagine
+   no principle on which a subject could object to assisting the crown
+   as a witness, which, if followed to its logical consequences, would
+   not justify open rebellion. It is certainly a dangerous doctrine to
+   preach that it is allowable, nay, even praiseworthy in a subject to
+   refuse to give evidence when called upon to do so by the crown. There
+   is a disposition too prevalent in this country to regard the law as
+   an enemy, and opposition to it, either by passive obstruction or
+   active rebellion, as a praiseworthy and patriotic act. Can we wonder
+   at this when we hear opposition to constituted authority openly
+   preached by the instructors of "the nation," and witness the
+   eagerness of the "national press" to free itself from the terrible
+   suspicion of coming to the assistance, even involuntarily, of the
+   government in its struggle with sedition and treason?
+
+It was amidst such an outburst of vexation and indignation as this, even
+from the government journals themselves, that the curtain rose next
+morning on Act II. in the Head Police Office. A very unique episode
+commenced the proceedings on this day also. At the resumption of the
+case, Mr. Murphy, Q.C., on behalf of the crown, said:--
+
+   Mr. Sullivan and some other gentlemen complained yesterday of having
+   been served with summonses to give evidence in those cases. I am
+   directed by the attorney-general to state that he regrets it, and
+   that it was done without his authority. He never gave any directions
+   to have those persons summoned, nor was it done by anyone acting
+   under his directions. It occurred in this way. General directions
+   were given to the police to summon parties to give evidence in order
+   to establish the charge against those four gentlemen who are summoned
+   for taking an active part in the procession. The police, in the
+   exercise of their discretion thought it might be necessary to summon
+   parties who took part in the procession, but there was no intention
+   on the part of those aiding on behalf of the crown to summon parties
+   to give evidence who themselves took part in the procession, and I am
+   sorry it occurred.
+
+   Mr. Dix--I may mention that a magistrate when signing a summons knows
+   nothing of the witnesses. If they were all living in Jamacia he
+   merely signs it as a matter of form.
+
+   Mr. A.M. Sullivan--I thank your worship and Mr. Murphy, and I think
+   it will be seen that had your worship not allowed me yesterday to
+   make the protest I did, the attorney-general would not have the
+   opportunity of making the disclaimer which it became the dignity of
+   the government to make. The aspect of the case yesterday was very
+   adverse towards Sir John Gray, myself, and other gentlemen. Although
+   my brother signed his name to the notice, he was not summoned as
+   principal but as a witness, but if necessary, he was determined to
+   stand side by side in the dock with Mr. Martin.
+
+   Mr. Allen--I am very glad of the explanation, because I was blamed
+   for allowing persons making speeches here yesterday. I think if a man
+   has any ground of complaint the sooner it is set right the better.
+
+   Mr. Sullivan--I have to thank the bench.
+
+   Mr. Allen--I am glad that a satisfactory arrangement has been come to
+   by all parties, because there is an objection entertained by some
+   persons to be brought into court as witnesses for the crown.
+
+   Mr. Sullivan--Especially a public journalist.
+
+   Mr. Allen--Quite so.
+
+   Mr. Heron then proceeded to cross-examine the witness.
+
+It was elicited from the government reporter, that, by a process which
+he called "throwing in the vowels," he was able to make Mr. Martin's
+speech read sufficiently seditious. Mr. D.C. Heron, Q.C., then addressed
+the court on behalf of Mr. J.J. Lalor; and Mr. Michael Crean, barrister,
+on behalf of Dr. Waters. Mr. Martin, on his own behalf, then spoke as
+follows:--
+
+   I admit I attended the procession. I admit also that I spoke words
+   which I consider very grave and serious words upon that occasion. For
+   my acts on that occasion, for the sense and intention of the words I
+   spoke on that occasion, I am perfectly willing to be put upon my
+   country. Not only for all my acts on that occasion--not only for the
+   words which I spoke on that occasion; but for all my acts or all the
+   words I either spoke or wrote, publicly or privately, upon Irish
+   politics, I am perfectly willing to be put upon my country. In any
+   free country that has real constitutional institutions to guarantee
+   the liberty of the subject--to guarantee the free trial of the
+   subject charged with an offence against either the state or his
+   neighbour, it would be quite absurd to expect a man could be put upon
+   his country and convicted of a crime for doing that and using such
+   words as the vast majority of his fellow-countrymen approve. In this
+   case I believe that a vast majority of my fellow-countrymen do not
+   disapprove of the acts I acknowledge on that occasion, and that they
+   sympathise in the sentiment of the words I then spoke. Therefore the
+   mere fact that a prosecution is preferred against me for that act,
+   and for those words, is the expression of an opinion on my part that
+   this country does not at present enjoy real constitutional
+   institutions, guaranteeing a free trial--guaranteeing that the man
+   accused shall be really put upon his country. Therefore it is absurd
+   to think that any twelve honest men, my neighbours, put upon their
+   oaths, would declare that to be a crime which it is probable that, at
+   least, four-fifths of them believe to be right--right both
+   constitutionally and morally. I am aware--we are all aware--that the
+   gentlemen who represent the crown in this country, have very powerful
+   means at their disposal for obtaining convictions in the form of law
+   and in the form of justice, of any person they think proper to
+   accuse; and without meaning either to sneer or to joke in this
+   matter, I acknowledge the moderation of the gentlemen who represent
+   the government, since they chose to trouble themselves with me at
+   all. I acknowledge their moderation in proposing to indict me now for
+   sedition, for the language which they say I used, because it is
+   possible for them, with the means at their disposal, to have me
+   convicted for murder, or burglary, or bigamy (laughter). I am sorry
+   to say what seems like a sneer, but I use the words in deep and
+   solemn seriousness, and I say no more than I am perfectly ready to be
+   tried fairly or foully (applause in court).
+
+The magistrates reserved their decision till next day; so that there
+might be decent and seemly pause for the purpose of looking up and
+pondering the legal precedents, as the legal fiction would have it; and
+on next day, they announced that they would send all the accused for
+trial to the next Commission at Green-street, to open on the 10th
+February, 1868. The several traversers, however, were required to enter
+merely into their own recognizances in L500 each to appear for trial.
+
+In this police court proceeding the government, confessedly, were
+morally worsted--utterly humiliated, in fact. So far from creating awe
+or striking terror, the prosecution had evoked general contempt, scorn,
+and indignation. To such an extent was this fact recognised, that the
+government journals themselves, as we have seen, were amongst the
+loudest in censuring the whole proceeding, and in supporting the general
+expectation that there was an end of the prosecution.
+
+Not so however was it to be. The very bitterness of the mortification
+inflicted upon them by their "roll in the dust" on their first legal
+encounter with the processionists, seemed to render the crown officials
+more and more vindictive. It was too galling to lie under the public
+challenge hurled at them by Mr. Bracken, Mr. O'Reilly, and Mr. Sullivan.
+After twelve days' cogitation, government made up its mind to strike.
+
+On Saturday, 28th December, 1867--just as everyone in Ireland seemed to
+have concluded that, as the Conservative journals said, there was "an
+end of" the foolish and ill-advised funeral prosecutions--Mr. Sullivan,
+Mr. Bracken (one of the funeral stewards), Mr. Jennings, of Kingstown
+(one of the best known and most trusted of the nationalists of
+"Dunleary" district). Mr. O'Reilly, (one of the mounted marshals at the
+procession), and some others, were served with citations to appear on
+Monday the 30th, at the Head Police Office, to answer charges identical
+with those preferred on the 16th against Mr. Martin, Dr. Waters, and Mr.
+Lalor.
+
+Preliminary prosecution No. 2 very much resembled No. 1. Mr. Murphy,
+Q.C. stated the crown case with fairness and moderation; and the police,
+as before, gave their evidence like men who felt "duty" and "conscience"
+in sore disagreement on such an occasion. Mr. Jennings and Mr. O'Reilly
+were defended, respectively, by Mr. Molloy and Mr. Crean; two advocates
+whose selection from the junior bar for these critical and important
+public cases was triumphantly vindicated by their conduct from the
+first to the last scene of the drama. Mr. Sullivan, Mr. Bracken, and the
+other accused, were not represented by counsel. On the first-named
+gentleman (Mr. Sullivan) being formally called on, he addressed the
+court at some length. He said:--
+
+   Please your worship, had the officials of the crown adopted towards
+   me, in the first instance, the course which they have taken upon the
+   present occasion, and had they not adopted the singular course which
+   they pursued in my regard when I last appeared in this court, I
+   should trouble you with no observations. For, as one of the 50,000
+   persons who, on the 8th of December, in this city, publicly,
+   lawfully, and peacefully demonstrated their protest against what they
+   believed to have been a denial of law and an outrage on justice, I
+   should certainly waste no public time in this preliminary
+   investigation, but rather admit the facts as you perceive I have done
+   to-day, and hasten the final decision on the issues really knit
+   between us and the crown. What was the course adopted by the crown in
+   the first instance against me? They had before them, on the 9th, just
+   as well as on the 29th--it is in evidence that they had--the fact
+   that I, openly and publicly, took part in that demonstration--that
+   sorrowful and sad protest against injustice (applause). They had
+   before them then as much as they had before them to-day, or as much
+   as they will ever have affecting me. For, whatever course I take in
+   public affairs in this country, I conceal nothing, I take it
+   publicly, openly, and deliberately. If I err, I am satisfied to abide
+   the consequences; and, whenever it may suit the weathercock judgment
+   of Lord Mayo, and his vacillating law advisers, to characterise my
+   acts or my opinion as illegal, seditious, heretical, idolatrous, or
+   treasonable, I must, like every other subject, be content to take my
+   chance of their being able to find a jury sufficiently facile or
+   sufficiently stupid to carry out their behests against me. But they
+   did not choose that course at first. They did not summon me as a
+   principal, but they subpoenaed me as a witness--as a crown
+   witness--against some of my dearest, personal, and public friends.
+   The attorney-general, whose word I most fully and frankly accept in
+   the matter--for I would not charge him with being wanting in personal
+   truthfulness--denied having had any complicity in the course of
+   conduct pursued towards me; but where does he lay the responsibility?
+   On "the police." What is the meaning of that phrase, "the police?" He
+   surely does not mean that the members of the force, who parade our
+   streets, exercise viceregal functions (laughter). Who was this person
+   thus called the "police?" How many degrees above or below the
+   attorney-general are we to look for this functionary described as
+   "the police," who has the authority to have a "seditious" man--that
+   is the allegation--a seditious man--exempted from prosecution? The
+   police cannot do that. Who, then? Who was he that could draw the
+   line between John Martin and his friend A.M. Sullivan--exempt the
+   one, prosecute the other--summon the former as a defendant and
+   subpoena the latter as a crown witness? What was the object? It is
+   plain. There are at this moment, I am convinced--who doubts
+   it?--throughout Ireland, as yet unfound out, Talbots and Corridons in
+   the pay of the crown acting as Fenian centres, who, next day, would
+   receive from their employers directions to spread amongst my
+   countrymen the intelligence that I had been here to betray my
+   associate, John Martin (applause). But their plot recoiled--their
+   device was exposed; public opinion expressed its reprobation of the
+   unsuccessful trick; and now they come to mend their hand. The men who
+   were exempted before are prosecuted to-day. Now, your worships, on
+   this whole case--on this entire procedure--I deliberately charge that
+   not we, but the government, have violated the law. I charge that the
+   government are well aware that the law is against them--that they are
+   irresistibly driven upon this attempt to strain and break the law
+   against the constitutional right and liberty of the subject by their
+   mere party exigencies and necessities.
+
+He then reviewed at length the bearing of the Party Processions Act upon
+the present case; and next proceeded to deal with the subject of the
+Manchester executions; maintaining that the men were hanged, as were
+others before them, in like moments of national passion and frenzy, on a
+false evidence and a rotten verdict. Mr. Sullivan proceeded:--
+
+   It is because the people love justice and abhor injustice--because
+   the real crime of those three victims is believed to have been
+   devotion to native land--that the Catholic churches of Ireland
+   resound with prayers and requiem hymns, and the public highways were
+   lined with sympathising thousands, until the guilty fears of the
+   executioners proclaimed it illegal to mourn. Think you, sir, if the
+   crown view of this matter were the true one, would the Catholic
+   clergy of Ireland--they who braved fierce and bitter unpopularity in
+   reprehending the Fenian conspiracy at a time when Lord Mayo's organ
+   was patting it on the back for its 'fine Sardinian spirit'--would
+   these ministers of religion drape their churches for three common
+   murderers? I repel as a calumnious and slanderous accusation against
+   the Catholic clergy of Ireland this charge, that by their mourning
+   for those three martyred Irishmen, they expressed sympathy, directly
+   or indirectly, with murder or life-taking. If an act be seditious, it
+   is not the less illegal in the church than in the graveyard, or on
+   the road to the cemetery. Are we, then, to understand that our
+   churches are to be invaded by bands of soldiery, and our priests
+   dragged from the altars, for the seditious crime of proclaiming
+   aloud their belief in the innocence of Allen, Larkin, and O'Brien?
+   This, sir, is what depends on the decision in this case, here or
+   elsewhere. All this and more. It is to be decided whether, in their
+   capacity of Privy Councillors, the judges of the land shall put forth
+   a proclamation the legality or binding force of which they will
+   afterwards sit as judges to try. It is whether, there being no
+   constitution now allowed to exist in the country, there is to be no
+   law save what a Castle proclamation will construct, permit, or
+   decree; no mourning save what the police will license; no
+   demonstration of opinion save whatever accords with the government
+   views. We hear much of the liberties enjoyed in this country. No
+   doubt, we have fine constitutional rights and securities, until the
+   very time they are most required. When we have no need to invoke
+   them, they are permitted to us; but at the only time when they might
+   be of substantial value, they are, as the phrase goes, "suspended."
+   Who, unless in times of governmental panic, need apprehend
+   unwarranted arrest? When else is the _Habeas Corpus_ Act of such
+   considerable protection to the subject? When, unless when the crown
+   seeks to invade public liberty, is the purity and integrity of trial
+   by jury of such value and importance in political cases? Yet all the
+   world knows that the British government, whenever such a conflict
+   arises, juggles and packs the jury--
+
+   Mr. Dix--I really cannot allow that language to be used in this
+   court, Mr. Sullivan, with every disposition to accord you, as an
+   accused person, the amplest limits in your observations. Such
+   language goes beyond what I can permit--
+
+   Mr. Sullivan--I, at once, in respect for your worship, retract the
+   word juggle. I will say the crown manipulates the jury.
+
+   Mr. Dix--I can't at all allow this line of comment to be pursued--
+
+   Mr. Sullivan--With all respect for your worship, and while I am ready
+   to use any phrase most suitable for utterance here, I will not give
+   up my right to state and proclaim the fact, however unpalatable, when
+   it is notoriously true. I stand upon my rights to say, that you have
+   all the greater reason to pause, ere you send me, or any other
+   citizen, for trial before a jury in a crown prosecution at a moment
+   like the present, when trial by jury, as the theory of the
+   constitution supposes it, does not exist in the land. I say there is
+   now notoriously no fair trial by jury to be had in this country, as
+   between the subject and the crown. Never yet, in an important
+   political case, have the government in this country dared to allow
+   twelve men indifferently chosen, to pass into the jury-box to try the
+   issue between the subject and the crown. And now, sir, if you send
+   the case for trial, and suppose the government succeed by the juries
+   they are able to empanel here, with 'Fenian' ticketed on the backs of
+   the accused by the real governors of the country--the Heygates and
+   the Bruces--and if it is declared by you that in this land of
+   mourning it has become at last criminal even to mourn--what a victory
+   for the crown! Oh, sir, they have been for years winning such
+   victories, and thereby manufacturing conspiracies--driving people
+   from the open and legitimate expression of their sentiments into
+   corners to conspire and to hide. I stand here as a man against whom
+   some clamour has been raised for my efforts to save my countrymen
+   from the courses into which the government conduct has been driving
+   them, and I say that there is no more revolutionary agent in the land
+   than that persecution of authority which says to the people, "When we
+   strike you, we forbid you to weep." We meet the crown, foot to foot,
+   on its case here. We say we have committed no offence, but that the
+   prosecution against us has been instituted to subserve their party
+   exigencies, and that the government is straining and violating the
+   law. We challenge them to the issue, and even should they succeed in
+   obtaining from a crown jury a verdict against us, we have a wider
+   tribunal to appeal to--the decision of our own consciences and the
+   judgment of humanity (applause).
+
+   Mr. Murphy, Q.C., briefly replied. He asked his worship not to decide
+   that the procession was illegal, but that this case was one for a
+   court of law and a jury.
+
+On this occasion it was unnecessary for Mr. Dix to take any "time to
+consider his decision." All the accused were bound over in their own
+recognizances to stand their trials at the forthcoming Commission in
+Green-street court, on the 10th of February, 1868.
+
+The plunge which the crown officials had shivered so long before
+attempting had now been taken, and they determined to go through with
+the work, _a l'outrance_. In the interval between the last police-court
+scene described above, and the opening of the Green-street Commission,
+in February, 1868, prosecutions were directly commenced against the
+_Irishman_ and the _Weekly News_ for seditious writing. In the case of
+the former journal the proprietor tried some skilfully-devised
+preparatory legal moves and manoeuvers, not one of which of course
+succeeded, though their justice and legality were apparent enough. In
+the case of the latter journal--the _Weekly News_--the proprietor raised
+no legal point whatsoever. The fact was that when he found the crown not
+content with _one_ state prosecution against him (that for the funeral
+procession), coming upon him with _a second_, he knew his doom was
+sealed. He very correctly judged that legal moves would be all in
+vain--that his conviction, _per fas aut ne fas_, was to be
+obtained--that a jury would be packed against him--and that consequently
+the briefest and most dignified course for him would be to go straight
+to the conflict and meet it boldly.
+
+On Monday, 10th February, 1868, the commission was opened in
+Green-street, Dublin, before Mr. Justice Fitzgerald and Baron Deasy.
+Soon a cunning and unworthy legal trick on the part of the crown was
+revealed. The prosecuted processionists and journalists had been
+indicted in the _city_ venue, had been returned for trial to the _city_
+commission by a _city_ jury. But the government at the last moment
+mistrusted a city jury in this instance--even a _packed_ city jury--and
+without any notice to the traversers, sent the indictments before the
+_county_ grand jury, so that they might be tried by a jury picked and
+packed from the anti-Irish oligarchy of the Pale. It was an act of gross
+illegality, hardship, and oppression. The illegality of such a course
+had been ruled and decided in the case of Mr. Gavan Duffy in 1848. But
+the point was raised vainly now. When Mr. Pigott, of the _Irishman_, was
+called to plead, his counsel (Mr. Heron, Q.C.) insisted that he, the
+traverser, was now in custody of the _city_ sheriff in accordance with
+his recognizances, and could not without legal process be removed to the
+county venue. An exciting encounter ensued between Mr. Heron and the
+crown counsel, and the court took till next day to decide the point.
+Next morning it was decided in favour of the crown, and Mr. Pigott was
+about being arraigned, when, in order that he might not be prejudiced by
+having attended pending the decision, the attorney-general said, "he
+would shut his eyes to the fact that that gentleman was now in court,"
+and would have him called immediately--an intimation that Mr. Pigott
+might, if advised, try the course of refusing to appear. He did so
+refuse. When next called, Mr. Pigott was not forthcoming, and on the
+police proceeding to his office and residence that gentleman was not to
+be found--having, as the attorney-general spitefully expressed it, "fled
+from justice." Mr. Sullivan's case, had, of necessity, then to be
+called; and this was exactly what the crown had desired to avoid, and
+what Mr. Heron had aimed to secure. It was the secret of all the
+skirmishing. A very general impression prevailed that the crown would
+fail in getting a jury to convict Mr. Sullivan on any indictment
+tinctured even ever so faintly with "Fenianism;" and it was deemed of
+great importance to Mr. Pigott's case to force the crown to begin with
+the one in which failure was expected--Mr. Sullivan having intimated his
+perfect willingness to be either pushed to the front or kept to the
+last, according as might best promise to secure the discomfiture of the
+government. Mr. Heron had therefore so far out-manoeuvered the crown.
+Mr. Sullivan appeared in court and announced himself ready for trial,
+and the next morning was fixed for his arraignment. Up to this moment,
+that gentleman had expressed his determination not only to discard legal
+points, but to decline ordinary professional defence, and to address the
+jury in his own behalf. Now, however, deferring to considerations
+strongly pressed on him (set forth in his speech to the jury in the
+funeral procession case), he relinquished this resolution; and, late on
+the night preceding his trial, entrusted to Mr. Heron, Q.C., Mr. Crean,
+and Mr. Molloy, his defence on this first prosecution.
+
+Next morning, Saturday, 15th February, 1868, the trial commenced; a jury
+was duly packed by the "stand-by" process, and notwithstanding a charge
+by Justice Fitzgerald, which was, on the whole one of the fairest heard
+in Ireland in a political case for many years, Mr. Sullivan was duly
+convicted of having, by pictures and writings in his journal the _Weekly
+News_, seditiously brought the crown and government into hatred and
+contempt.
+
+The government officials were jubilant. Mr. Pigott was next arraigned,
+and after an exceedingly able defence by Mr. Heron, was likewise
+convicted.
+
+It was now very generally concluded that the government would be
+satisfied with these convictions, and would not proceed with the funeral
+procession cases. At all events, it was universally regarded as certain
+that Mr. Sullivan would not be arraigned on the second or funeral
+procession indictment, as he now stood convicted on the other--the press
+charge. But it was not to be so. Elate with their success, the crown
+officials thought they might even discard their doubts of a city jury;
+and on Thursday morning, 20th February, 1868, John Martin, Alexander M.
+Sullivan, Thomas Bracken, and J.J. Lalor,[A] were formally arraigned in
+the _city_ venue. [Footnote A: Dr. Waters, in the interval since his
+committal on this charge, had been arrested, and was now imprisoned,
+under the Suspension of the _Habeas Corpus_ Act. He was not brought to
+trial on the procession charge.]
+
+It was a scene to be long remembered, that which was presented in the
+Green-street court-house on that Thursday morning. The dogged
+vindictiveness of the crown officials, in persisting with this second
+prosecution, seemed to have excited intense feeling throughout the city,
+and long before the proceedings opened the court was crowded in every
+part with anxious spectators. When Mr. Martin entered, accompanied by
+his brother-in-law, Dr. Simpson, and Mr. Ross Todd, and took his seat at
+the travelers' bar, a low murmur of respectful sympathy, amounting to
+applause, ran through the building. And surely it was a sight to move
+the heart to see this patriot--this man of pure and stainless life,
+this man of exalted character, of noble soul, and glorious
+principles--standing once more in that spot where twenty years before he
+stood confronting the same foe in the same righteous and holy
+cause--standing once more at that bar whence, twenty years before, he
+was led off manacled to a felon's doom for the crime of loving Ireland!
+Many changes had taken place in the interval, but over the stern
+integrity of _his_ soul time had wrought no change. He himself seemed to
+recall at this moment his last "trial" scene on this spot, and, as he
+cast his gaze around, one could detect on his calm thoughtful face
+something of sadness, yet of pride, as memory doubtless pictured the
+spectacle of twenty years ago.
+
+Mr. Sullivan, Mr. Bracken, and Mr. Lalor, arrived soon after, and
+immediately the judges appeared on the bench the proceedings began.
+
+   On their lordships, Mr. Justice Fitzgerald and Mr. Baron Deasy,
+   taking their seats upon the bench,
+
+   Mr. Smartt (deputy clerk of the crown) called upon John Martin,
+   Alexander M. Sullivan, John J. Lalor, and Thomas Bracken, to come and
+   appear as they were bound to do in discharge of their recognizances.
+
+   All the traversers answered.
+
+   Mr. Smartt then proceeded to arraign the traversers under an
+   indictment charging in the first count--"That John Martin, John C.
+   Waters, John J. Lalor, Alexander M. Sullivan, and Thomas Bracken,
+   being malicious, seditious, and ill-disposed persons, and intending
+   to disturb the peace and tranquillity of the realm, and to excite
+   discontent and disaffection, and to excite the subjects of our Lady
+   the Queen in Ireland to hatred and dislike of the government, the
+   laws, and the administration of the laws of this realm, on the 8th
+   day of December, in the year of our Lord, 1867, unlawfully did
+   assemble and meet together with divers other persons, amounting to a
+   large number--to wit, fifteen thousand persons--for the purpose of
+   exciting discontent and disaffection, and for the purpose of exciting
+   her Majesty's subjects in Ireland to hatred of her government and the
+   laws of this realm, in contempt of our Lady the Queen, in open
+   violation of the laws of this realm, and against the peace of our
+   Lady the Queen, her crown and dignity." The second count charged that
+   the defendants intended "to cause it to be believed that the three
+   men who had been duly tried, found guilty, and sentenced, according
+   to law, for murder, at Manchester, in England, had been illegally and
+   unjustly executed; and to excite hatred, dislike, and disaffection
+   against the administration of justice, and the laws of this realm,
+   for and in respect of the execution of the said three men." A third
+   count charged the publication at the unlawful assembly laid in the
+   first and second counts of the false and seditious words contained in
+   Mr. John Martin's speech. A fourth and last count was framed under
+   the Party Processions' Act, and charged that the defendants "did
+   unlawfully meet, assemble, and parade together, and were present at
+   and did join in a procession with divers others, and did bear, wear,
+   and have amongst them in said procession certain emblems and symbols,
+   the display whereof was calculated to and did tend to provoke
+   animosity between different classes of her Majesty's subjects,
+   against the form of the statute in such case made and provided, and
+   against the peace of our Lady the Queen, her crown and dignity."
+
+   The traversers severally pleaded not guilty.
+
+   The Attorney-General, the Solicitor-General, Dr. Ball, Q.C.; Mr.
+   Charles Shaw, Q.C.; Mr. James Murphy, Q.C.; Mr. R.H. Owen, Q.C.; and
+   Mr. Edward Beytagh, instructed by Mr. Anderson, Crown Solicitor,
+   appeared to prosecute.
+
+   Mr. Martin, Mr. Sullivan, and Mr. Bracken were not professionally
+   assisted.
+
+   Mr. Michael T. Crean, instructed by Mr. John T. Scallan, appeared for
+   Mr. Lalor.
+
+And now came the critical stage of the case. _Would the crown pack the
+jury?_ The clerk of the crown began to call the panel, when--
+
+   John Keegan was called and ordered to stand by on the part of the
+   crown.
+
+   Mr. Sullivan--My lord, have I any right to challenge?
+
+   Mr. Justice Fitzgerald--You have Mr. Sullivan, for cause.
+
+   Mr. Sullivan--And can the crown order a juror to stand by without a
+   cause assigned?
+
+   Mr. Justice Fitzgerald--The crown has a right to exercise that
+   privilege.
+
+   Mr. Sullivan--Well, I will exercise no challenge, for cause or
+   without cause. Let the crown select a jury now as it pleases.
+
+   Subsequently George M'Cartney was called, and directed to stand by.
+
+   Patrick Ryan was also ordered to stand by.
+
+   Mr. Martin--I protest against this manner of selecting a jury. I do
+   so publicly.
+
+   J.J. Lalor--I also protest against it.
+
+   Thomas Bracken--And I also.
+
+The sensation produced by this scene embarrassed the crown officials not
+a little. It dragged to light the true character of their proceeding.
+Eventually the following twelve gentlemen were suffered by the crown to
+pass into the box as a "jury"--[Footnote: Not one Catholic was allowed
+to pass into the box. Every Catholic who came to the box was ordered to
+"_Stand by_."]
+
+   SAMUEL EAKINS, Foreman.
+   WILLIAM DOWNES GRIFFITH.
+   EDWARD GATCHELL.
+   THOMAS MAXWELL HUTTON.
+   MAURICE KERR.
+   WILLIAM LONGFIELD.
+   JOSEPH PURSER.
+   THOMAS PAUL.
+   JAMES REILLY.
+   JOHN GEORGE SHIELS.
+   WILLIAM O'BRIEN SMYTH.
+   GEORGE WALSH.
+
+The Solicitor-General, Mr. Harrison, stated the case for the
+prosecution. Next the police repeated their evidence--their description
+of the procession--as given before the magistrates, and the government
+short-hand writer proved Mr. Martin's speech. The only witnesses now
+produced who had not testified at the preliminary stage were a
+Manchester policeman named Seth Bromley, who had been one of the van
+escort on the day of the rescue, and the degraded and infamous crown
+spy, Corridon. The former--eager as a beagle on the scent to run down
+the prey before him--left the table amidst murmurs of derision and
+indignation evoked by his over-eagerness on his direct examination, and
+his "fencing" and evasion on cross-examination. The spy Corridon was
+produced "to prove the existence of the Fenian conspiracy." Little
+notice was taken of him. Mr. Crean asked him barely a trivial question
+or two. Mr. Martin and Mr. Sullivan, when asked if they desired to
+cross-examine him, replied silently by gestures of loathing; and the
+wretch left the table--crawled from it--like a crippled murderer from
+the scene of his crime.
+
+This closed the case for the crown, and Mr. Crean, counsel for Mr.
+Lalor, rose to address the jury on behalf of his client. His speech was
+argumentative, terse, forcible, and eloquent; and seemed to please and
+astonish not only the auditors but the judges themselves, who evidently
+had not looked for so much ability and vigour in the young advocate
+before them. Although the speeches of professional advocates do not come
+within the scope of this publication, Mr. Crean's vindication of the
+national colour of Ireland--probably the most telling passage in his
+address--has an importance which warrants its quotation here:--
+
+   Gentlemen, it is attempted in this case to make the traversers
+   amenable under the Party Processions' Act, because those in the
+   procession wore green ribbons. Gentlemen, this is the first time, in
+   the history of Irish State Prosecutions which mark the periods of
+   gloom and peril in this country, that the wearing of a green ribbon
+   has been formally indicted; and I may say it is no good sign of the
+   times that an offence which has been hitherto unknown to the law
+   should now crop up for the first time in this year of grace, one
+   thousand eight hundred and sixty-eight. Not even in the worst days of
+   Lord Castlereagh's ill-omened regime was such an attempt as this made
+   to degrade the green of Ireland into a party colour, and to make that
+   which has long been regarded as a national emblem the symbol of a
+   faction. Gentlemen, there is no right-minded or right-hearted
+   man--looking back upon the ruinous dissensions and bitter conflicts
+   which have been the curse and bane of this country--who will not
+   reprobate any effort to revive and perpetuate them. There is no
+   well-disposed man in the community who will not condemn and crush
+   those persons--no matter on what side they may stand--who make
+   religion, which should be the fountain and mother of all peace and
+   blessings, the cause of rancour and animosity. We have had,
+   unhappily, gentlemen, too much of this in Ireland. We have been too
+   long the victims of that wayward fate of which the poet wrote, when
+   he said:--
+
+"Whilst our tyrants join in hate,
+We never joined in love."
+
+   But, gentlemen, I will ask of you if you ever before heard, until
+   this time, that the green of Ireland was the peculiar colour of any
+   particular sect, creed, or faction, or that any of the people of this
+   country wore it as the peculiar emblem of their party, and for the
+   purpose of giving annoyance and of offering insult to some other
+   portion of their fellow-countrymen. I must say that I never heard
+   before that Catholic or Protestant, or Quaker or Moravian, laid claim
+   to this colour as a symbol of party. I thought all Irishmen, no
+   matter what altar they bowed before, regarded the green as the
+   national colour of Ireland. If it is illegal to wear the green, all I
+   can say is that the Constabulary are guilty of a constant and
+   continuing breach of the law. The Lord and Lady Lieutenant will
+   probably appear on next Patrick's Day, decorated with large bunches
+   of green shamrock. Many of the highest officials of the government
+   will do the same; and is it to be thought for one moment that they,
+   by wearing this green emblem of Ireland and of Irish nationality, are
+   violating the law of the land. Gentlemen, it is perfectly absurd to
+   think so. I hope this country has not yet so fallen as that it has
+   become a crime to wear the green. I trust we have not yet come to
+   that pass of national degradation, that a jury of Irishmen can be
+   found so forgetful of their country's dignity and of their own as to
+   brand with a mark of infamy a colour which is associated with so many
+   recollections, not of party triumphs, but of national glories--not
+   with any sect, or creed, or party, but with a nation and a race whose
+   children, whether they were the exiled soldiers of a foreign state,
+   or the soldiers of Great Britain--whether at Fontenoy or on the
+   plains of Waterloo, or on the heights of Fredericksburgh, have nobly
+   vindicated the chivalry and fame of Ireland! It is for them that the
+   green has its true meaning. It is to the Irishman in a distant land
+   this emblem is so dear, for it is entwined in his memory, not with
+   any miserable faction, but with the home and the country which gave
+   him birth. I do hope that Irishmen will never be ashamed in this
+   country to wear the green, and I hope an attempt will never again be
+   made in an Irish court of justice to punish Irishmen for wearing that
+   which is a national colour, and of which every man who values his
+   country should feel proud.
+
+When Mr. Crean resumed his seat--which he did amidst strong
+manifestations of applause--it was past three o'clock in the afternoon.
+It was not expected that the case would have proceeded so far by that
+hour, and Mr. Martin and Mr. Sullivan, who intended each to speak in his
+own behalf, did not expect to rise for that purpose before next day,
+when it was arranged that Mr. Martin would speak first, and Mr. Sullivan
+follow him. Now, however, it was necessary some one of them should rise
+to his defence, and Mr. Martin urged that Mr. Sullivan should begin.
+
+By this time the attendance in court, which, during the
+Solicitor-General's speech and the crown evidence, thinned down
+considerably, had once more grown too great for the fair capacity of the
+building. There was a crush within, and a crowd without. When Mr.
+Sullivan was seen to rise, after a moment's hurried consultation with
+Mr. Martin, who sat beside him, there was a buzz, followed by an anxious
+silence. For a moment the accused paused, almost overcome (as well he
+might have been) by a sense of the responsibility of this novel and
+dangerous course. But he quickly addressed himself to the critical task
+he had undertaken, and spoke as follows:--[Footnote: As Mr. Sullivan
+delivered this speech without even the ordinary assistance of written
+notes or memoranda, the report here quoted is that which was published
+in the newspapers of the time. Some few inaccuracies which he was
+precluded from correcting then (being a prisoner when this speech was
+first published), have been corrected for this publication.]
+
+   My lords and gentlemen of the jury--I rise to address you under
+   circumstances of embarassment which will, I hope, secure for me a
+   little consideration and indulgence at your hands. I have to ask you
+   at the outset to banish any prejudice that might arise in your minds
+   against a man who adopts the singular course--who undertakes the
+   serious responsibility--of pleading his own defence. Such a
+   proceeding might be thought to be dictated either by disparagement of
+   the ordinary legal advocacy, by some poor idea of personal vanity, or
+   by way of reflection on the tribunal before which the defence is
+   made. My conduct is dictated by neither of these considerations or
+   influences. Last of all men living should I reflect upon the ability,
+   zeal, and fidelity of the Bar of Ireland, represented as it has been
+   in my own behalf within the past two days by a man whose heart and
+   genius are, thank God, still left to the service of our country, and
+   represented, too, as it has been here this day by that gifted young
+   advocate, the echoes of whose eloquence still resound in this court,
+   and place me at disadvantage in immediately following him. And
+   assuredly I design no disrespect to this court; either to tribunal in
+   the abstract, or to the individual judges who preside; from one of
+   whom I heard two days ago delivered in my own case a charge of which
+   I shall say--though followed by a verdict which already consigns me
+   to a prison--that it was, judging it as a whole, the fairest, the
+   clearest, the most just and impartial ever given to my knowledge, in
+   a political case of this kind in Ireland between the subject and the
+   crown. No; I stand here in my own defence to-day, because long since
+   I formed the opinion that, on many grounds, in such a prosecution as
+   this, such a course would be the most fair and most consistent for a
+   man like me. That resolution I was, for the sake of others, induced
+   to depart from on Saturday last, in the first prosecution against me.
+   When it came to be seen that I was the first to be tried out of two
+   journalists prosecuted, it was strongly urged on me that my course,
+   and the result of my trial, might largely affect the case of the
+   other journalist to be tried after, me; and that I ought to waive my
+   individual views and feelings, and have the utmost legal ability
+   brought to bear in behalf of the case of the national press at the
+   first point of conflict. I did so. I was defended by a bar not to be
+   surpassed in the kingdom for ability and earnest zeal; yet the result
+   was what I anticipated. For I knew, as I had held all along, that in
+   a case like this, where law and fact are left to the jury, legal
+   ability is of no avail if the crown comes in with its arbitrary power
+   of moulding the jury. In that case, as in this one, I openly,
+   publicly, and distinctly announced that I for my part would challenge
+   no one, whether with cause or without cause. Yet the crown--in the
+   face of this fact--and in a case where they knew that at least the
+   accused had no like power of peremptory challenge--did not venture to
+   meet me on equal footing; did not venture to abstain from their
+   practice of absolute challenge; in fine, did not dare to trust their
+   case to twelve men "indifferently chosen," as the constitution
+   supposes a jury to be. Now, gentlemen, before I enter further upon
+   this jury question, let me say that with me this is no complaint
+   merely against "the Tories." On this as well as on numerous other
+   subjects, it is well known that it has been my unfortunate lot to
+   arraign both Whigs and Tories. I say further, that I care not a jot
+   whether the twelve men selected or permitted by the crown to try me,
+   or rather to convict me, by twelve of my own co-religionists and
+   political compatriots, or twelve Protestants, Conservatives, Tories,
+   or "Orangemen." Understand me clearly on this. My objection is not to
+   the individuals comprising the jury. You may be all Catholics, or you
+   may be all Protestants, for aught that affects my protest, which is
+   against the mode by which you are selected--selected by the
+   crown--their choice for their own ends--and not "indifferently
+   chosen" between the crown and the accused. You may disappoint, or you
+   may justify the calculations of the crown official, who has picked
+   you out from the panel, by negative or positive choice (I being
+   silent and powerless)--you may or may not be all he supposes--the
+   outrage on the spirit of the constitution is the same. I say, by such
+   a system of picking a jury by the crown, I am not put upon my
+   country. Gentlemen, from the first moment these proceedings were
+   commenced against me, I think it will be admitted that I endeavoured
+   to meet them fairly and squarely, promptly and directly. I have never
+   once turned to the right or to the left, but gone straight to the
+   issue. I have from the outset declared my perfect readiness to meet
+   the charges of the crown. I did not care when or where they tried me.
+   I said I would avail of no technicality--that I would object to no
+   juror--Catholic, Protestant, or Dissenter. All I asked--all I
+   demanded--was to be "put upon my country," in the real, fair, and
+   full sense and spirit of the constitution. All I asked was that the
+   crown would keep its hand off the panel, as I would keep off mine. I
+   had lived fifteen years in this city; and I should have lived in
+   vain, if, amongst the men that knew me in that time, whatever might
+   be their political or religious creed, I feared to have my acts, my
+   conduct, or principles tried. It is the first and most original
+   condition of society that a man shall subordinate his public acts to
+   the welfare of the community, or at least acknowledge the right of
+   those amongst whom his lot is cast, to judge him on such an issue as
+   this. Freely I acknowledge that right. Readily have I responded to
+   the call to submit to the judgment of my country, the question
+   whether, in demonstrating my sorrow and sympathy for misfortune, my
+   admiration for fortitude, my vehement indignation against what I
+   considered to be injustice, I had gone too far and invaded the rights
+   of the community. Gentlemen, I desire in all that I have to say to
+   keep or be kept within what is regular and seemly, and above all to
+   utter nothing wanting in respect for the court; but I do say, and I
+   do protest, that I have not got trial by jury according to the spirit
+   and meaning of the constitution. It is as representatives of the
+   general community, not as representatives of the crown officials, the
+   constitution supposes you to sit in that box. If you do not fairly
+   represent the community, and if you are not empanelled indifferently
+   in that sense, you are no jury in the spirit of the constitution. I
+   care not how the crown practice may be within the technical letter of
+   the law, it violates the intent and meaning of the constitution, and
+   it is not "trial by jury." Let us suppose the scene removed, say, to
+   France. A hundred names are returned on what is called a panel by a
+   state functionary for the trial of a journalist charged with
+   sedition. The accused is powerless to remove any name from the list
+   unless for over-age or non-residence. But the imperial prosecutor has
+   the arbitrary power of ordering as many as he pleases to "stand
+   aside." By this means he puts or allows on the jury only whomsoever
+   he pleases. He can, beforehand, select the twelve, and, by wiping
+   out, if it suits him, the eighty-eight other names, put the twelve of
+   his own choosing into the box. Can this be called trial by jury?
+   Would not it be the same thing, in a more straightforward way, to let
+   the crown-solicitor send out a policeman and collect twelve
+   well-accredited persons of his own mind and opinion? For my own part,
+   I would prefer this plain-dealing, and consider far preferable the
+   more rude but honest hostility of a drum-head court martial (applause
+   in the court). Again I say, understand me well, I am objecting to the
+   principle, the system, the practice, and not to the twelve gentlemen
+   now before me as individuals. Personally, I am confident that being
+   citizens of Dublin, whatever your views or opinions, you are
+   honourable and conscientious men. You may have strong prejudices
+   against me or my principles in public life--very likely you have; but
+   I doubt not that though these may unconsciously tinge your judgment
+   and influence your verdict, you will not consciously violate the
+   obligations of your oath. And I care not whether the crown, in
+   permitting you to be the twelve, ordered three, or thirteen, or
+   thirty others to "stand by"--or whether those thus arbitrarily put
+   aside were Catholics or Protestants, Liberals, Conservatives, or
+   Nationalists--the moment the crown put its finger at all on the
+   panel, in a case where the accused had no equal right, the essential
+   character of the jury was changed, and the spirit of the constitution
+   was outraged. And now, what is the charge against my
+   fellow-traversers and myself? The solicitor-general put it very
+   pithily awhile ago when he said our crime was "glorifying the cause
+   of murder." The story of the crown is a very terrible, a very
+   startling one. It alleges a state of things which could hardly be
+   supposed to exist amongst the Thugs of India. It depicts a population
+   so hideously depraved that thirty thousand of them in one place, and
+   tens of thousands in various other places, arrayed themselves
+   publicly in procession to honour and glorify murder--to sympathise
+   with murderers as murderers. Yes, gentlemen, that is the crown case,
+   or they have no case at all--that the funeral procession in Dublin on
+   the 8th December last was a demonstration of sympathy with murder as
+   murder. For you will have noted that never once in his smart
+   narration of the crown story, did Mr. Harrison allow even the
+   faintest glimmer to appear of any other possible complexion or
+   construction of our conduct. Why, I could have imagined it easy for
+   him not merely to state his own case, but to state ours too, and show
+   where we failed, and where his own side prevailed. I could easily
+   imagine Mr. Harrison stating our view of the matter--and combatting
+   it. But he never once dared to even mention our case. His whole aim
+   was to hide it from you, and to fasten, as best such efforts of his
+   could fasten, in your minds this one miserable refrain--"They
+   glorified the cause of murder and assassination." But this is no new
+   trick. It is the old story of the maligners of our people. They call
+   the Irish a turbulent, riotous, crime-loving, law-hating race. They
+   are for ever pointing to the unhappy fact--for, gentlemen, it is a
+   fact--that between the Irish people and the laws under which they now
+   live there is little or no sympathy, but bitter estrangement and
+   hostility of feeling or of action. Bear with me if I examine this
+   charge, since an understanding of it is necessary in order to judge
+   our conduct on the 8th December last. I am driven upon this extent of
+   defence by the singular conduct of the solicitor-general, who, with a
+   temerity which he will repent, actually opened the page of Irish
+   history, going back upon it just so far as it served his own purpose,
+   and no farther. Ah! fatal hour for my prosecutors when they appealed
+   to history. For assuredly, that is the tribunal that will vindicate
+   the Irish people, and confound those who malign them as sympathisers
+   with assassination and glorifiers of murder--
+
+   Solicitor-General--My lord, I must really call upon you--I deny that
+   I ever--
+
+   Mr. Justice Fitzgerald--Proceed, Mr. Sullivan.
+
+   Mr. Sullivan--My lord, I took down the solicitor-general's words. I
+   quote them accurately as he spoke them, and he cannot get rid of them
+   now. "Glorifiers of the cause of murder" was his designation of my
+   fellow-traversers and myself, and our fifty thousand fellow-mourners
+   in the funeral procession; and before I sit down I will make him rue
+   the utterance. Gentlemen of the jury, if British law be held in
+   "disesteem"--as the crown prosecutors phrase it--here in Ireland,
+   there is an explanation for that fact, other than that supplied by
+   the solicitor-general; namely, the wickedness of seditious persons
+   like myself, and the criminal sympathies of a people ever ready to
+   "glorify the cause of murder." Mournful, most mournful, is the lot of
+   that land where the laws are not respected--nay, revered by the
+   people. No greater curse could befall a country than to have the laws
+   estranged from popular esteem, or in antagonism with the national
+   sentiment. Everything goes wrong under such a state of things. The
+   ivy will cling to the oak, and the tendrils of the vine reach forth
+   towards strong support. But more anxiously and naturally still does
+   the human heart instinctively seek an object of reverence and love,
+   as well as of protection and support, in law, authority, sovereignty.
+   At least, among a virtuous people like ours, there is ever a yearning
+   for those relations which are, and ought to be, as natural between a
+   people and their government as between the children and the parent. I
+   say for myself, and I firmly believe I speak the sentiments of most
+   Irishmen when I say, that so far from experiencing satisfaction, we
+   experience pain in our present relations with the law and governing
+   power; and we long for the day when happier relations may be restored
+   between the laws and the national sentiment in Ireland. We Irish are
+   no race of assassins or "glorifiers of murder." From the most remote
+   ages, in all centuries, it has been told of our people that they were
+   pre-eminently a justice-loving people. Two hundred and fifty years
+   ago the predecessor of the solicitor-general--an English
+   attorney-general--it may be necessary to tell the learned gentleman
+   that his name was Sir John Davis (for historical as well as
+   geographical knowledge[B] seems to be rather scarce amongst the
+   present law officers of the crown), (laughter)--held a very different
+   opinion of them from that put forth to-day by the solicitor-general.
+   Sir John Davis said no people in the world loved equal justice more
+   than the Irish even where the decision was against themselves. That
+   character the Irish have ever borne and bear still. But if you want
+   the explanation of this "disesteem" and hostility for British law,
+   you must trace effect to cause. It will not do to stand by the river
+   side near where it flows into the sea, and wonder why the water
+   continues to run by. Not I--not my fellow-traversers--not my
+   fellow-countrymen--are accountable for the antagonism between law and
+   popular sentiment in this country. Take up the sad story where you
+   will--yesterday, last month, last year, last century--two centuries
+   ago, three centuries, five centuries, six centuries--and what will
+   you find? English law presenting itself to the Irish people in a
+   guise forbidding sympathy or respect, and evoking fear and
+   resentment. Take it at its birth in this country. Shake your minds
+   free of legal theories and legal fictions, and deal with facts. This
+   court where I now stand is the legal and political heir, descendant,
+   and representative of the first law court of the Pale six or seven
+   centuries ago. Within that Pale were a few thousand English settlers,
+   and of them alone did the law take cognizance. The Irish nation--the
+   millions outside the Pale--were known only as "the king's Irish
+   enemie." The law classed them with the wild beasts of nature whom it
+   was lawful to slay. Later on in our history we find the Irish near
+   the Pale sometimes asking to be admitted to the benefits of English
+   law, since they were forbidden to have any of their own; but their
+   petitions were refused. Gentlemen, this was English law as it stood
+   towards the Irish people for centuries; and wonder, if you will, that
+   the Irish people held it in "disesteem:--[Footnote B: On Mr.
+   Sullivan's first trial the solicitor-general, until stopped and
+   corrected by the court, was suggesting to the jury that there was no
+   such place as Knockrochery, and that a Fenian proclamation which had
+   been published in the _Weekly News_ as having been posted at that
+   place, was, in fact, composed in Mr. Sullivan's Office. Mr. Justice
+   Deasy, however, pointedly corrected and reproved this blunder on the
+   part of Mr. Harrison.]
+
+        "The Irish were denied the right of bringing actions in any of
+        the English courts in Ireland for trespasses to their lands, or
+        for assaults or batteries to their persons. Accordingly, it was
+        answer enough to the action in such a case to say that the
+        plaintiff was an Irishman, unless he could produce a special
+        charter giving him the rights of an Englishman. If he sought
+        damage against an Englishman for turning him out of his land,
+        for the seduction of his daughter Nora, or for the beating of
+        his wife Devorgil, or for the driving off of his cattle, it was
+        a good defence to say he was a mere Irishman. And if an
+        Englishman was indicted for manslaughter, if the man slain was
+        an Irishman, he pleaded that the deceased was of the Irish
+        nation, and that it was no felony to kill an Irishman. For this,
+        however, there was a fine of five marks payable to the king; but
+        mostly they killed us for nothing. If it happened that the man
+        killed was a servant of an Englishman, he added to the plea of
+        the deceased being an Irishman, that if the master should ever
+        demand damages, he would be ready to satisfy him."
+
+   That was the egg of English law in Ireland. That was the seed--that
+   was the plant--do you wonder if the tree is not now esteemed and
+   loved? If you poison a stream at its source, will you marvel if down
+   through all its courses the deadly element is present? Now trace from
+   this, its birth, English law in Ireland--trace down to this hour--and
+   examine when or where it ever set itself to a reconciliation with the
+   Irish people. Observe the plain relevancy of this to my case. I, and
+   men like me, are held accountable for bringing law into hatred and
+   contempt in Ireland: and in presenting this charge against me the
+   solicitor-general appealed to history. I retort the charge on my
+   accusers; and I will trace down to our own day the relations of
+   hostility which English law itself established between itself and the
+   people of Ireland. Gentlemen, for four hundred years--down to
+   1607--the Irish people had no existence in the eye of the law; or
+   rather much worse, were viewed by it as "the King's Irish enemie."
+   But even within the Pale, how did it recommend itself to popular
+   reverence and affection? Ah, gentlemen, I will show that in those
+   days, just as there have been in our own, there were executions and
+   scaffold-scenes which evoked popular horror and resentment--though
+   they were all "according to law," and not be questioned unless by
+   "seditionists." The scaffold streamed with the blood of those whom
+   the people loved and revered--how could they love and revere the
+   scaffold? Yet, 'twas all "according to law." The sanctuary was
+   profaned and rifled; the priest was slain or banished--'twas all
+   "according to law," no doubt, and to hold law in "disesteem" is
+   "sedition." Men were convicted and executed "according to law;" yet
+   the people demonstrated sympathy for them, and resentment against
+   their executioners--most perversely, as a solicitor-general,
+   doubtless, would say. And, indeed, the State Papers contain accounts
+   of those demonstrations written by crown officials which sound very
+   like the solicitor-general's speech to-day. Take, for instance, the
+   execution--"according to law"--of the "Popish bishop" O'Hurley. Here
+   is the letter of a state functionary on the subject:--
+
+        "I could not before now so impart to her Majesty as to know her
+        mind touching the same for your lordship's direction. Wherefore,
+        she having at length resolved, I have accordingly, by her
+        commandment, to signify her Majesty's pleasure unto you touching
+        Hurley, which is this:--That the man being so notorious and ill
+        a subject, as appeareth by all the circumstances of his cause he
+        is, you proceed, if it may be, to his execution by ordinary
+        trial of him for it. How be it, in case you shall find the
+        effect of his course DOUBTFUL by reason of the affection of such
+        as shall be on his jury, and by reason of the supposal conceived
+        by the lawyers of that country, that he can hardly be found
+        guilty for his treason committed in foreign parts against her
+        Majesty. Then her pleasure is you take A SHORTER WAY WITH HIM,
+        by martial law. So, as you may see, it is referred to your
+        discretion, whether of those two ways your lordship will take
+        with him, and the man being so resolute to reveal no more
+        matter, it is thought best to have no FURTHER TORTURES used
+        against him, but that you proceed FORTHWITH TO HIS EXECUTION in
+        manner aforesaid. As for her Majesty's good acceptation of your
+        careful travail in this matter of Hurley, you need nothing to
+        doubt, and for your better assurance thereof she has commanded
+        me to let your lordship understand that, as well as in all
+        others the like, as in the case of Hurley, she cannot but
+        greatly allow and commend YOUR DOINGS."
+
+   Well, they put his feet into tin boots filled with oil, and then
+   placed him standing in the fire. Eventually they cut off his head,
+   tore out his bowels, and cut the limbs from his body. Gentlemen,
+   'twas all "according to law;" and to demonstrate sympathy for him and
+   "disesteem" of that law was "sedition." But do you wonder greatly
+   that law of that complexion failed to secure popular sympathy and
+   respect? One more illustration, gentlemen, taken from a period
+   somewhat later on. It is the execution--"according to law,"
+   gentlemen; entirely "according to law"--of another Popish bishop
+   named O'Devany. The account is that of a crown official of the
+   time--some most worthy predecessor of the solicitor-general. I read
+   it from the recently published work of the Rev. C.P. Meehaun. "On the
+   28th of January, the bishop and priest, being arraigned at the King's
+   Bench, were each condemned of treason, and adjudged to be executed
+   the Saturday following; which day being come, a priest, or two of the
+   Pope's brood, with holy water and other holy stuffs"--(no sneer was
+   that at all, gentlemen; no sneer at Catholic practices, for a crown
+   official never sneers at Catholic practices)--"were sent to sanctify
+   the gallows whereon they were to die. About two o'clock, p.m., the
+   traitors were delivered to the sheriffs of Dublin, who placed them in
+   a small car, which was followed by a great multitude. As the car
+   progressed the spectators knelt down; but the bishop sitting still,
+   like a block, would not vouchsafe them a word, or turn his head
+   aside. The multitude, however, following the car, made such a dole
+   and lamentation after him, as the heavens themselves resounded the
+   echoes of their outcries." (Actually a seditious funeral
+   procession--made up of the ancestors of those thirty-thousand men,
+   women, and children, who, according to the solicitor-general,
+   glorified the cause of murder on the 8th of last December.) "Being
+   come to the gallows, whither they were followed by troops of the
+   citizens, men and women of all classes, most of the best being
+   present, the latter kept up such a shrieking, such a howling, and
+   such a hallooing, as if St. Patrick himself had been gone to the
+   gallows, could not have made greater signs of grief; but when they
+   saw him turned from off the gallows, they raised the _whobub_ with
+   such a maine cry, as if the rebels had come to rifle the city. Being
+   ready to mount the ladder, when he was pressed by some of the
+   bystanders to speak, he repeated frequently _Sine me quaeso_. The
+   executioner had no sooner taken off the bishop's head, but the
+   townsmen of Dublin began to flock about him, some taking up the head
+   with pitying aspect, accompanied with sobs and sighs; some kissed it
+   with as religious an appetite as ever they kissed the Pax; some cut
+   away all the hair from the head, which they preserved for a relic;
+   some others were practisers to steal the head away, but the
+   executioner gave notice to the sheriffs. Now, when he began to
+   quarter the body, the women thronged about him, and happy was she
+   that could get but her handkerchief dipped in the blood of the
+   traitor; and the body being once dissevered in four quarters, they
+   neither left, finger nor toe, but they cut them off and carried them
+   away; and some others that could get no holy monuments that
+   appertained to his person, with their knives they shaved off chips
+   from the hallowed gallows; neither could they omit the halter
+   wherewith he was hanged, but it was rescued for holy uses. The same
+   night after the execution, a great crowd flocked about the gallows,
+   and there spent the fore part of the night in heathenish howling, and
+   performing many Popish ceremonies; and after midnight, being then
+   Candlemas day, in the morning having their priests present in
+   readiness, they had Mass after Mass till, daylight being come, they
+   departed to their own houses." There was "sympathy with sedition" for
+   you, gentlemen. No wonder the crown official who tells the
+   story--same worthy predecessor of Mr. Harrison--should be horrified
+   at such a demonstration. I will sadden you with no further
+   illustrations of English law, but I think it will be admitted that
+   after centuries of such law, one need not wonder if the people hold
+   it in "hatred and contempt." With the opening of the seventeenth
+   century, however, came a golden and glorious opportunity for ending
+   that melancholy--that terrible state of things. In the reign of James
+   I., English law, for the first time, extended to every corner of this
+   kingdom. The Irish came into the new order of things frankly and in
+   good faith; and if wise counsels prevailed then amongst our rulers,
+   oh, what a blessed ending there might have been to the bloody feud of
+   centuries. The Irish submitted to the Gaelic King, to whom had come
+   in the English crown. In their eyes he was of a friendly, nay of a
+   kindred race. He was of a line of Gaelic kings that had often
+   befriended Ireland. Submitting to him was not yielding to the brutal
+   Tudor. Yes, that was the hour, the blessed opportunity for laying the
+   foundation of a real union between the three kingdoms; a union of
+   equal national rights under the one crown. This was what the Irish
+   expected; and in this sense they in that hour accepted the new
+   dynasty. And it is remarkable that from that day to this, though
+   England has seen bloody revolutions and violent changes of rulers,
+   Ireland has ever held faithfully--too faithfully--to the sovereignty
+   thus adopted. But how were they received? How were their expectations
+   met? By persecution, proscription, and wholesale plunder, even by
+   that miserable Stuart. His son came to the throne. Disaffection broke
+   out in England and Scotland. Scottish Protestant Fenians, called
+   "Covenanters," took the field against him, because of the attempt to
+   establish Episcopalian Protestantism as a state church. By armed
+   rebellion against their lawful king, I regret to say it, they won
+   rights which now most largely tend to make Scotland contented and
+   loyal. I say it is to be regretted that those rights were thus won;
+   for I say that even at best it is a good largely mixed with evil
+   where rights are won by resorts of violence or revolution. His
+   concessions to the Calvanist Fenians in Scotland did not save
+   Charles. The English Fenians, under their Head Centre Cromwell, drove
+   him from the throne and murdered him on a scaffold in London. How did
+   the Irish meanwhile act? They stood true to their allegiance. They
+   took the field for the King. What was the result? They were given
+   over to slaughter and plunder by the brutal soldiery of the English
+   Fenians. Their nobles and gentry were beggared and proscribed; their
+   children were sold as white slaves to West Indian planters; and their
+   gallant struggles for the king, their sympathy for the royalist
+   cause, was actually denounced by the English Fenians as "sedition,"
+   "rebellion," "lawlessness," "sympathy with crime." Ah, gentlemen, the
+   evils thus planted in our midst will survive, and work their
+   influence; yet some men wonder that English law is held in
+   "disesteem" in Ireland. Time went on, gentlemen; time went on.
+   Another James sat on the throne; and again English Protestant
+   Fenianism conspired for the overthrow of their sovereign. They
+   invited "foreign emissaries" to come over from Holland and Sweden, to
+   begin the revolution for them. They drove their legitimate king from
+   the throne--never more to return. How did the Irish act in that hour?
+   Alas! Ever too loyal--ever only too ready to stand by the throne and
+   laws if only treated with justice or kindliness--they took the field
+   for the king, not against him. He landed on our shores; and had the
+   English Fenians rested content with rebelling themselves, and allowed
+   us to remain loyal as we desired to be, we might now be a
+   neighbouring but friendly and independent kingdom under the ancient
+   Stuart line. King James came here and opened his Irish parliament in
+   person. Oh, who will say in that brief hour at least the Irish nation
+   was not reconciled to the throne and laws? King, parliament, and
+   people, were blended in one element of enthusiasm, joy, and hope, the
+   first time for ages Ireland had known such a joy. Yes--
+
+        We, too, had our day--it was brief, it is ended--
+             When a King dwelt among us--no strange King--but OURS.
+        When the shout of a people delivered ascended,
+             And shook the green banner that hung on yon towers,
+        We saw it like leaves in the summer-time shiver;
+             We read the gold legend that blazoned it o'er--
+        "To-day--now or never; to-day and for ever"--
+             Oh, God! have we seen it to see it no more!
+
+   (Applause in court). Once more the Irish people bled and sacrificed
+   for their loyalty to the throne and laws. Once more confiscation
+   devastated the land, and the blood of the loyal and true was poured
+   like rain. The English Fenians and the foreign emissaries triumphed,
+   aided by the brave Protestant rebels of Ulster. King William came to
+   the throne--a prince whose character is greatly misunderstood in
+   Ireland: a brave, courageous soldier, and a tolerant man, could he
+   have had his way. The Irish who had fought and lost, submitted on
+   terms, and had law even now been just or tolerant, it was open to the
+   revolutionary _regime_ to have made the Irish good subjects. But what
+   took place? The penal code came, in all its horror to fill the Irish
+   heart with hatred and resistance. I will read for you what a
+   Protestant historian--a man of learning and ability--who is now
+   listening to me in this court--has written of that code. I quote
+   "Godkin's History," published by Cassell of London:--
+
+        "The eighteenth century," says Mr. Godkin, "was the era of
+        persecution, in which the law did the work of the sword more
+        effectually and more safely. Then was established a code framed
+        with almost diabolical ingenuity to extinguish natural
+        affection--to foster perfidy and hypocrisy--to petrify
+        conscience--to perpetuate brutal ignorance--to facilitate the
+        work of tyranny--by rendering the vices of slavery inherent and
+        natural in the Irish character, and to make Protestantism almost
+        irredeemably odious as the monstrous incarnation of all moral
+        perversions."
+
+   Gentlemen, in that fell spirit English law addressed itself to a
+   dreadful purpose here in Ireland; and, mark you, that code prevailed
+   down to our own time; down to this very generation. "Law" called on
+   the son to sell his father; called on the flock to betray the pastor.
+   "Law" forbade us to educate--forbid us to worship God in the faith of
+   our fathers. "Law" made us outcasts--scourged us, trampled us,
+   plundered us--do you marvel that, amongst the Irish people, law has
+   been held in "disesteem?" Do you think this feeling arises from
+   "sympathy with assassination or murder?" Yet, if we had been let
+   alone, I doubt not that time would have fused the conquerors and the
+   conquered, here in Ireland, as elsewhere. Even while the millions of
+   the people were kept outside the constitution, the spirit of
+   nationality began to appear; and under its blessed influence
+   toleration touched the heart of the Irish-born Protestant. Yes--thank
+   God--thank God, for the sake of our poor country, where sectarian
+   bitterness has wrought such wrong--it was an Irish Protestant
+   Parliament that struck off the first link of the penal chain. And lo!
+   once more, for a bright brief day, Irish national sentiment was in
+   warm sympathy and heartfelt accord with the laws. "Eighty-two" came.
+   Irish Protestant patriotism, backed by the hearty sympathy of the
+   Catholic millions, raised up Ireland to a proud and glorious
+   position; lifted our country from the ground, where she lay prostrate
+   under the sword of England--but what do I say? This is "sedition." It
+   has this week been decreed sedition to picture Ireland thus.[C] Well,
+   then, they rescued her from what I will call the loving embrace of
+   her dear sister Britannia, and enthroned her in her rightful place, a
+   queen among the nations. Had the brightness of that era been
+   prolonged--picture it, think of it--what a country would ours be now?
+   Think of it! And contrast what we are with what we might be! Compare
+   a population filled with burning memories--disaffected, sullen,
+   hostile, vengeful--with a people loyal, devoted, happy, contented;
+   and England, too, all the happier, the more secure, the more great
+   and free. But sad is the story. Our independent national legislature
+   was torn from us by means, the iniquity of which, even among English
+   writers, is now proclaimed and execrated. By fraud and by force that
+   outrage on law, on right, and justice, was consummated. In speaking
+   thus I speak "sedition." No one can write the facts of Irish history,
+   without committing sedition. Yet every writer and speaker now will
+   tell you that the overthrow of our national constitution, sixty-seven
+   years ago, was an iniquitous and revolting scheme. But do you, then,
+   marvel that the laws imposed on us by the power that perpetrated that
+   deed are not revered, loved, and respected? Do you believe that that
+   want of respect arises from the "seditions" of men like my
+   fellow-traversers and myself? Is it wonderful to see estrangement
+   between a people and laws imposed on them by the over-ruling
+   influence of another nation? Look at the lessons--unhappy
+   lessons--taught our people by that London legislature where their own
+   will is overborne. Concessions refused and resisted as long as they
+   durst be withheld; and when granted at all, granted only after
+   passion has been aroused and the whole nation been embittered. The
+   Irish people sought Emancipation. Their great leader was dogged at
+   every step by hostile government proclamations and crown
+   prosecutions. Coercion act over coercion act was rained upon us; yet
+   O'Connell triumphed. But how and in what spirit was Emancipation
+   granted? Ah there never was a speech more pregnant with mischief,
+   with sedition, with revolutionary teaching--never words tended more
+   to bring law and government into contempt--than the words of the
+   English premier when he declared Emancipation must, sorely against
+   his will, be granted if England would not face a civil war. That was
+   a bad lesson to teach Irishmen. Worse still was taught them.
+   O'Connell, the great constitutional leader, a man with whom loyalty
+   and respect for the laws was a fundamental principle of action, led
+   the people towards further liberation--the liberation, not of a
+   creed, but a nation. What did he seek? To bring once more the laws
+   and the national will into accord; to reconcile the people and the
+   laws by restoring the constitution of queen, lords, and commons. How
+   was he met by the government? By the nourish of the sword; by the
+   drawn sabre and the shotted gun, in the market place and the highway.
+   "Law" finally grasped him as a conspirator, and a picked jury gave
+   the crown then, as now, such verdict as was required. The venerable
+   apostle of constitutional doctrines was consigned to prison, while a
+   sorrowing--aye, a maddened nation, wept for him outside. Do you
+   marvel that they held in "disesteem" the law and government that
+   acted thus? Do you marvel that to-day, in Ireland, as in every
+   century of all those through which I have traced this state of
+   things, the people and the law scowl upon each other? Gentlemen, do
+   not misunderstand the purport of my argument. It is not for the
+   purpose--it would be censurable--of merely opening the wounds of the
+   past that I have gone back upon history somewhat farther than the
+   solicitor-general found it advantageous to go. I have done it to
+   demonstrate that there is a truer reason than that alleged by the
+   crown in this case for the state of war--for unhappily that is what
+   it is--which prevails between the people of Ireland and the laws
+   under which they now live. And now apply all this to the present
+   case, and judge you my guilt--judge you the guilt of those whose
+   crime, indeed, is that they do not love and respect law and
+   government as they are now administered in Ireland. Gentlemen, the
+   present prosecution arises directly out of what is known as the
+   Manchester tragedy. The solicitor-general gave you his version, his
+   fanciful sketch of that sad affair; but it will be my duty to give
+   you the true facts, which differ considerably from the crown story.
+   The solicitor-general began with telling us about "the broad summer's
+   sun of the 18th September" (laughter). Gentlemen, it seems very clear
+   that the summer goes far into the year for those who enjoy the sweets
+   of office; nay, I am sure it is summer "all the year round" with the
+   solicitor-general while the present ministry remain in. A goodly
+   golden harvest he and his colleagues are making in this summer of
+   prosecutions; and they seem very well inclined to get up enough of
+   them (laughter). Well, gentlemen, I'm not complaining of that, but I
+   will tell you who complain loudly--the "outs," with whom it is
+   midwinter, while the solicitor-general and his friends are enjoying
+   this summer (renewed laughter). Well, gentlemen, some time last
+   September two prominent leaders of the Fenian movement--alleged to be
+   so at least--named Kelly and Deasy, were arrested in Manchester. In
+   Manchester there is a considerable Irish population, and amongst them
+   it was known those men had sympathisers. They were brought up at the
+   police court--and now, gentlemen, pray attentively mark this. The
+   Irish executive that morning telegraphed to the Manchester
+   authorities a strong warning of an attempted rescue. The Manchester
+   police had full notice--how did they treat the timely warning sent
+   from Dublin; a warning which, if heeded, would have averted all this
+   sad and terrible business which followed upon that day? Gentlemen,
+   the Manchester police authorities scoffed at the warning. They
+   derided it as a "Hirish" alarm. What! The idea of low "Hirish" hodmen
+   or labourers rescuing prisoners from them, the valiant and the brave!
+   Why, gentlemen, the Seth Bromleys of the "force" in Manchester waxed
+   hilarious and derisive over the idea. They would not ask even a
+   truncheon to put to flight even a thousand of those despised
+   "Hirish;" and so, despite specific warning from Dublin, the van
+   containing the two Fenian leaders, guarded by eleven police officers,
+   set out from the police office to the jail. Now, gentlemen, I charge
+   on the stolid vain gloriousness in the first instance, and the
+   contemptible pusilanimity in the second instance, of the Manchester
+   police--the valiant Seth Bromleys--all that followed. On the skirts
+   of the city the van was attacked by some eighteen Irish youths,
+   having three revolvers--three revolvers, gentlemen, and no
+   more--amongst them. The valour of the Manchester eleven vanished at
+   the sight of those three revolvers--some of them, it seems, loaded
+   with blank cartridge! The Seth Bromleys took to their heels. They
+   abandoned the van. Now, gentlemen, do not understand me to call those
+   policemen cowards. It is hard to blame an unarmed man who runs away
+   from a pointed revolver, which, whether loaded or unloaded, is a
+   powerful persuasion to--depart. But I do say that I believe in my
+   soul that if that had occurred here in Dublin, eleven men of our
+   metropolitan police whould have taken those three revolvers or
+   perished in the attempt (applause). Oh, if eleven Irish policemen had
+   run away like that from a few poor English lads with barely three
+   revolvers, how the press of England would yell in fierce
+   denunciation--why, they would trample to scorn the name of
+   Irishman--(applause in the court, which the officials vainly tried to
+   silence). [Footnote C: For publishing an illustration in the _Weekly
+   News_ thus picturing England's policy of coercion, Mr. Sullivan had
+   been found guilty of seditious libel on the previous trial.]
+
+   Mr. Justice Fitzgerald--If these interruptions continue, the parties
+   so offending must be removed.
+
+   Mr. Sullivan--I am sorry, my lord, for the interruption; though not
+   sorry the people should endorse my estimate of the police. Well,
+   gentlemen, the van was abandoned by its valiant guard; but there
+   remained inside one brave and faithful fellow, Brett by name. I am
+   now giving you the facts as I in my conscience and soul believe they
+   occurred--and as millions of my countrymen--aye, and thousands of
+   Englishmen, too--solemnly believe them to have occurred, though they
+   differ in one item widely from the crown version. Brett refused to
+   give up the key of the van, which he held; and the attacking party
+   commenced various endeavours to break it open. At length one of them
+   called out to fire a pistol into the lock, and thus burst it open.
+   The unfortunate Brett at that moment was looking through the keyhole,
+   endeavouring to get a view of the inexplicable scene outside, when he
+   received the bullet and fell dead. Gentlemen, that may be the true,
+   or it may be the mistaken version. You may hold to the other, or you
+   may hold to this. But whether I be mistaken therein, or otherwise, I
+   say here, as I would say if I stood now before my Eternal Judge on
+   the Last Day, I solemnly believe the mournful episode to have
+   happened thus--I solemnly believe that the man Brett was shot by
+   accident, and not by design. But even suppose your view differs
+   sincerely from mine, will you, can you, hold that I, thus
+   conscientiously persuaded, sympathise with murder, because I
+   sympathise with men hanged for that which I contend was accident, and
+   not murder? That is exactly the issue in this case. Well, the rescued
+   Fenian leaders got away; and then, when all was over--when the danger
+   was passed--valour tremendous returned to the fleet of foot
+   Manchester police. Oh, but they wreaked their vengeance that night
+   on the houses of the poor Irish in Manchester! By a savage razzia
+   they soon filled the jails with our poor countrymen seized on
+   suspicion. And then broke forth all over England that shout of anger
+   and passion which none of us will ever forget. The national pride had
+   been sorely wounded; the national power had been openly and
+   humiliatingly defied; the national fury was aroused. On all sides
+   resounded the hoarse shout for vengeance, swift and strong. Then was
+   seen a sight the most shameful of its kind that this century has
+   exhibited--a sight at thought of which Englishmen yet will hang their
+   heads for shame, and which the English historian will chronicle with
+   reddened check--those poor and humble Irish youths led into the
+   Manchester dock in chains! In chains! Yes; iron fetters festering
+   wrist and ankle! Oh, gentlemen, it was a fearful sight; for no one
+   can pretend that in the heart of powerful England there could be
+   danger those poor Irish youths would overcome the authorities and
+   capture Manchester. For what, then, were those chains put on untried
+   prisoners? Gentlemen, it was at this point exactly that Irish
+   sympathy came to the side of those prisoners. It was when we saw them
+   thus used, and saw that, innocent or guilty, they would be
+   immolated--sacrificed to glut the passion of the hour--that our
+   feelings rose high and strong in their behalf. Even in England there
+   were men--noble-hearted Englishmen, for England is never without such
+   men--who saw that if tried in the midst of this national frenzy,
+   those victims would be sacrificed; and accordingly efforts were made
+   for a postponement of the trial. But the roar of passion carried its
+   way. Not even till the ordinary assizes would the trial be postponed.
+   A special commission was sped to do the work while Manchester jurors
+   were in a white heat of panic, indignation, and fury. Then came the
+   trial, which was just what might be expected. Witnesses swore ahead
+   without compunction, and jurors believed them without hesitation.
+   Five men arraigned together as principals--Allen, Larkin, O'Brien,
+   Shore, and Maguire--were found guilty, and the judge concerning in
+   the verdict, were sentenced to death. Five men--not three men,
+   gentlemen--five men in the one verdict, not five separate verdicts.
+   Five men by the same evidence and the same jury in the same verdict.
+   Was that a just verdict? The case of the crown here to-day is that it
+   was--that it is "sedition" to impeach that verdict. A copy of that
+   conviction is handed in here as evidence to convict me of sedition
+   for charging as I do that that was a wrong verdict, a bad verdict, a
+   rotten and a false verdict. But what is the fact? That her Majesty's
+   ministers themselves admit and proclaim that it was a wrong verdict,
+   a false verdict. The very evening those men were sentenced, thirty
+   newspaper reporters sent up to the Home Secretary a petition
+   protesting that--the evidence of the witnesses and the verdict of the
+   jury notwithstanding--there was at least one innocent man thus marked
+   for execution. The government felt that the reporters were right and
+   the jurors wrong. They pardoned Maguire as an innocent man--that
+   same Maguire whose legal conviction is here put in as evidence that
+   he and four others were truly murderers, to sympathise with whom is
+   to commit sedition--nay, "to glorify the cause of murder." Well,
+   after that, our minds were easy. We considered it out of the question
+   any man would be hanged on a verdict thus ruined, blasted, and
+   abandoned; and believing those men innocent of murder, though guilty
+   of another most serious legal crime--rescue with violence, and
+   incidental, though not intentional loss of life--we rejoiced that a
+   terrible mistake was, as we thought, averted. But now arose in
+   redoubled fury the savage cry for blood. In vain good men, noble and
+   humane men, in England tried to save the national honour by breasting
+   this horrible outburst of passion. They were overborne. Petitioners
+   for mercy were mobbed and hooted in the streets. We saw all this--we
+   saw all this; and think you it did not sink into our hearts? Fancy if
+   you can our feelings when we heard that yet another man out of five
+   was respited--ah, he was an American, gentlemen--an American, not an
+   Irishman--but that the three Irishmen, Allen, Larkin, and O'Brien,
+   were to die--were to be put to death on a verdict and on evidence
+   that would not hang a dog in England! We refused to the last to
+   credit it; and thus incredulous, deemed it idle to make any effort to
+   save their lives. But it was true; it was deadly true. And then,
+   gentlemen, the doomed three appeared in a new character. Then they
+   rose into the dignity and heroism of martyrs. The manner in which
+   they bore themselves through the dreadful ordeal ennobled them for
+   ever It was then we all learned to love and revere them as patriots
+   and Christians. Oh, gentlemen, it is only at this point I feel my
+   difficulty in addressing you whose religious faith is not that which
+   is mine. For it is only Catholics who can understand the emotions
+   aroused in Catholic hearts by conduct such as theirs in that dreadful
+   hour. Catholics alone can understand how the last solemn declarations
+   of such men, after receiving the last sacraments of the Church, and
+   about to meet their Great Judge face to face, can outweigh the
+   reckless evidence of Manchester thieves and pickpockets. Yes; in that
+   hour they told us they were innocent, but were ready to die; and we
+   believed them. We believe them still. Aye, do we! They did not go to
+   meet their God with a falsehood on their lips. On that night before
+   their execution, oh, what a scene! What a picture did England present
+   at the foot of the Manchester scaffold! The brutal populace thronged
+   thither in tens of thousands. They danced; they sang; they
+   blasphemed; they chorused "Rule Britannia," and "God save the Queen,"
+   by way of taunt and defiance of the men whose death agonies they had
+   come to see! Their shouts and brutal cries disturbed the doomed
+   victims inside the prison as in their cells they prepared in prayer
+   and meditation to meet their Creator and their God. Twice the police
+   had to remove the crowd from around that wing of the prison; so that
+   our poor brothers might in peace go through their last preparations
+   for eternity, undisturbed by the yells of the multitude outside. Oh,
+   gentlemen, gentlemen--that scene! That scene in the grey cold
+   morning when those innocent men were led out to die--to die an
+   ignominious death before that wolfish mob! With blood on fire--with
+   bursting hearts--we read the dreadful story here in Ireland. We knew
+   that these men would never have been thus sacrificed had not their
+   offence been political, and had it not been that in their own way
+   they represented the old struggle of the Irish race. We felt that if
+   time had but been permitted for English passion to cool down, English
+   good feeling and right justice would have prevailed; and they never
+   would have been put to death on such a verdict. All this we felt, yet
+   we were silent till we heard the press that had hounded those men to
+   death falsely declaring that our silence was acquiescence in the deed
+   that consigned them to murderers' graves. Of this I have personal
+   knowledge, that, here in Dublin at least, nothing was done or
+   intended, until the _Evening Mail_ declared that popular feeling
+   which had had ample time to declare itself, if it felt otherwise,
+   quite recognised the justice of the execution. Then we resolved to
+   make answer. Then Ireland made answer. For what monarch, the loftiest
+   in the world, would such demonstrations be made, the voluntary
+   offerings of a people's grief! Think you it was "sympathy for murder"
+   called us forth, or caused the priests of the Catholic Church to
+   drape their churches? It is a libel to utter the base charge. No, no.
+   With the acts of those men at that rescue we had nought to say. Of
+   their innocence of murder we were convinced. Their patriotic
+   feelings, their religious devotion, we saw proved in the noble, the
+   edifying manner of their death. We believed them to have been
+   unjustly sacrificed in a moment of national passion; and we resolved
+   to rescue their memory from the foul stains of their maligners, and
+   make it a proud one for ever with Irishmen. Sympathy with murder,
+   indeed! What I am about to say will be believed; for I think I have
+   shown no fear of consequences in standing by my acts and
+   principles--I say for myself, and for the priests and people of
+   Ireland, who are affected by this case, that sooner would we burn our
+   right hands to cinders than express, directly or indirectly, sympathy
+   with murder; and that our sympathy for Allen, Larkin, and O'Brien is
+   based upon the conviction that they were innocent of any such crime.
+   Gentlemen, having regard to all the circumstances of this sad
+   business, having regard to the feelings under which we acted, think
+   you is it a true charge that we had for our intent and object the
+   bringing of the administration of justice into contempt? Does a man,
+   by protesting, ever so vehemently, against an act of a not infallible
+   tribunal, incur the charge of attempting its overthrow? What evidence
+   can be shown to you that we uttered a word against the general
+   character of the administration of justice in this country, while
+   denouncing this particular proceeding, which we say was a fearful
+   failure of justice--a horrible blunder, a terrible act of passion!
+   None--none. I say, for myself, I sincerely believe that in this
+   country of ours justice is administered by the judges of the Irish
+   Bench with a purity and impartiality between man and man not to be
+   surpassed in the universal world. Let me not be thought to cast
+   reflection on this court, or the learned judges before whom I now
+   stand, if I except in a certain sense, and on some occasions,
+   political trials between the subject and the crown. Apart from this,
+   I fearlessly say the bench of justice in Ireland fully enjoys and is
+   worthy of respect and homage. I care not from what political party
+   its members be drawn, I say that, with hardly an exception, when
+   robed with the ermine, they become dead to the world of politics, and
+   sink the politician in the loftier character of representative of
+   Sacred Justice. Yet, gentlemen, holding those views, I would,
+   nevertheless, protest against and denounce such a trial as that in
+   Manchester, if it had taken place here in Ireland. For, what we
+   contend is that the men in Manchester would never have been found
+   guilty on such evidence, would never have been executed on such a
+   verdict, if time had been given to let panic and passion pass
+   away--time to let English good sense and calm reason and, sense of
+   justice have sway. Now, gentlemen, judge ye me on this whole case;
+   for I have done. I have spoken at great length, but I plead not
+   merely my own cause but the cause of my country. For myself I care
+   little. I stand before you here with the manacles, I might say, on my
+   hands. Already a prison cell awaits me in Kilmainham. My doom, in any
+   event, is sealed. Already a conviction has been obtained against me
+   for my opinions on this same event; for it is not one arrow alone
+   that has been shot from the crown office quiver at me--at my
+   reputation, my property, my liberty. In a few hours more my voice
+   will be silenced; but before the world is shut out from me for a
+   term, I appeal to your verdict--to the verdict of my
+   fellow-citizens--of my fellow-countrymen--to judge my life, my
+   conduct, my acts, my principles and say am I a criminal. Sedition, in
+   a rightly ordered community, is indeed a crime. But who is it that
+   challenges me? Who is it that demands my loyalty? Who is it that
+   calls out to me, "Oh, ingrate son, where is the filial affection, the
+   respect, the obedience, the support, that is my due? Unnatural,
+   seditious, and rebellious child, a dungeon shall punish your crime!"
+   I look in the face of my accuser, who thus holds me to the duty of a
+   son. I turn to see if there I can recognise the features of that
+   mother, whom indeed I love, my own dear Ireland. I look into that
+   accusing face, and there I see a scowl, and not a smile. I miss the
+   soft, fond voice, the tender clasp, the loving word. I look upon the
+   hands reached out to grasp me--to punish me; and lo, great stains,
+   blood red, upon those hands; and my sad heart tells me it is the
+   blood of my widowed mother, Ireland. Then I answer to my
+   accuser--"You have no claim on me--on my love, my duty, my
+   allegiance. You are not my mother. You sit indeed in the place where
+   she should reign. You wear the regal garments torn from her limbs,
+   while she now sits in the dust, uncrowned and overthrown, and
+   bleeding, from many a wound. But my heart is with her still. Her
+   claim alone is recognised by me. She still commands my love, my duty,
+   my allegiance; and whatever the penalty may be, be it prison chains,
+   be it exile or death, to her I will be true" (applause). But,
+   gentlemen of the jury, what is that Irish nation to which my
+   allegiance turns? Do I thereby mean a party, or a class, or creed? Do
+   I mean only those who think and feel as I do on public questions? Oh,
+   no. It is the whole people of this land--the nobles, the peasants,
+   the clergy the merchants, the gentry, the traders, the
+   professions--the Catholic, the Protestant, the Dissenter. Yes. I am
+   loyal to all that a good and patriotic citizen should be loyal to; I
+   am ready, not merely to obey, but to support with heartfelt
+   allegiance, the constitution of my own country--the Queen as Queen of
+   Ireland, and the free parliament of Ireland once more reconstituted
+   in our national senate-house in College--green. And reconstituted
+   once more it will be. In that hour the laws will again be reconciled
+   with national feeling and popular reverence. In that hour there will
+   be no more disesteem, or hatred, or contempt for the laws: for,
+   howsoever a people may dislike and resent laws imposed upon them
+   against their will by a subjugating power, no nation disesteems the
+   laws of its own making. That day, that blessed day, of peace and
+   reconciliation, and joy, and liberty, I hope to see. And when it
+   comes, as come it will, in that hour it will be remembered for me
+   that I stood here to face the trying ordeal, ready to suffer for my
+   country--walking with bared feet over red hot ploughshares like the
+   victims of old. Yes; in that day it will be remembered for me, though
+   a prison awaits me now, that I was one of those journalists of the
+   people who, through constant sacrifice and self-immolation, fought
+   the battle of the people, and won every vestige of liberty remaining
+   in the land. (As Mr. Sullivan resumed his seat, the entire audience
+   burst into applause, again and again renewed, despite all efforts at
+   repression.)
+
+The effect of this speech certainly was very considerable. Mr. Sullivan
+spoke for upwards of two hours and forty minutes, or until nearly a
+quarter past six o'clock. During the delivery of his address, twilight
+had succeeded day-light; the court attendants, later still, with silent
+steps and taper in hand, stole around and lit the chandeliers, whose
+glare upon the thousand anxious faces below, seemed to lend a still more
+impressive aspect to the scene. The painful idea of the speaker's peril,
+which was all-apparent at first amongst the densely-packed audience,
+seemed to fade away by degrees, giving place to a feeling of triumph, as
+they listened to the historical narrative of British misrule in Ireland,
+by which Irish "disesteem" for British law was explained and justified,
+and later on to the story of the Manchester tragedy by which Irish
+sympathy with the martyrs was completely vindicated. Again and again in
+the course of the speech, they burst into applause, regardless of
+threatened penalties; and at the close gave vent to their feelings in a
+manner that for a time defied all repression.
+
+When silence was restored, the court was formally adjourned to next day,
+Friday, at 10 o'clock, a.m.
+
+The morning came, and with it another throng; for it was known Mr.
+Martin would now speak in his turn. In order, however, that his speech,
+which was sure to be an important one, might close the case against the
+crown, Mr. Bracken, on the court resuming, put in _his_ defence very
+effectively as follows:--
+
+   My lords--I would say a word or two, but after Mr. Sullivan's grand
+   and noble speech of last evening, I think it now needless on my part.
+   I went to the procession of the 8th December, assured that it was
+   right from reading a speech of the Earl of Derby in the newspapers.
+   There was a sitting of the Privy Council in Dublin on the day before,
+   and I sat in my shop that night till twelve o'clock, to see if the
+   procession would be forbidden by government. They, however, permitted
+   it to take place, and I attended it fully believing I was right. That
+   is all I have to say.
+
+This short speech--delivered in a clear musical and manly voice--put the
+whole case against the crown in a nut-shell. The appearance of the
+speaker too--a fine, handsome, robust, and well-built man, in the prime
+of life, with the unmistakable stamp of honest sincerity on his
+countenance and in his eye--gave his words greater effect with the
+audience; and it was very audibly murmured on all sides that he had
+given the government a home thrust in his brief but telling speech.
+
+Then Mr. Martin rose. After leaving court the previous evening he had
+decided to commit to writing what he intended to say; and he now read
+from manuscript his address to the jury. The speech, however, lost
+nothing in effect by this; for any auditor out of view would have
+believed it to have been spoken, as he usually speaks, _extempore_, so
+admirably was it delivered. Mr. Martin said:--
+
+   My lords and gentlemen of the jury--I am going to trouble this court
+   with some reply to the charge made against me in this indictment.
+   But I am sorry that I must begin by protesting that I do not consider
+   myself as being now put upon my country to be tried as the
+   constitution directs--as the spirit of the constitution
+   requires--and, therefore, I do not address you for my legal defence,
+   but for my vindication before the tribunal of conscience--a far more
+   awful tribunal, to my mind, than this. Gentlemen, I regard you as
+   twelve of my fellow-countrymen, known or believed by my prosecutors
+   to be my political opponents, and selected for that reason for the
+   purpose of obtaining a conviction against me in form of law.
+   Gentlemen, I have not the smallest purpose of casting an imputation
+   against your honesty or the honesty of my prosecutors who have
+   selected you. This is a political trial, and in this country
+   political trials are always conducted in this way. It is considered
+   by the crown prosecutors to be their duty to exclude from the
+   jury-box every juror known, or suspected, to hold or agree with the
+   accused in political sentiment. Now, gentlemen, I have not the least
+   objection to see men of the most opposite political sentiments to
+   mine placed in the jury-box to try me, provided they be placed there
+   as the constitution commands--provided they are twelve of my
+   neighbours indifferently chosen. As a loyal citizen I am willing and
+   desirous to be put upon my county, and fairly tried before any twelve
+   of my countrymen, no matter what may happen to be the political
+   sentiments of any of them. But I am sorry and indignant that this is
+   not such a trial. This system by which over and over again loyal
+   subjects of the Queen in Ireland are condemned in form of law for
+   seeking, by such means as the constitution warrants, to restore her
+   Majesty's kingdom of Ireland to the enjoyment of its national
+   rights--this system, of selecting anti-Repealers and excluding
+   Repealers from the jury box, when a Repealer like me is to be tried,
+   is calculated to bring the administration of justice into disesteem,
+   disrepute, and hatred. I here protest against it. My lords and
+   gentlemen of the jury, before I offer any reply to the charges in
+   this indictment, and the further development of those charges made
+   yesterday by the learned gentleman whose official duty it was to
+   argue the government's case against me, I wish to apologise to the
+   court for declining to avail myself of the professional assistance of
+   the bar upon this occasion. It is not through any want of respect for
+   the noble profession of the bar that I decline that assistance. I
+   regard the duties of a lawyer as among the most respectable that a
+   citizen can undertake. His education has taught him to investigate
+   the origin, and to understand principles of law, and the true nature
+   of loyalty. He has had to consider how the interests of individual
+   citizens may harmonise with the interests of the community, how
+   justice and liberty may be united, how the state may have both order
+   and contentment. The application of the knowledge which he has
+   gained--viz., the study of law to the daily facts of human
+   society--sharpens and strengthens all his faculties, clears his
+   judgment, helps him to distinguish true from false, and right from
+   wrong. It is no wonder, gentlemen, that an accomplished and virtuous
+   lawyer holds a high place in the aristocracy of merit in every free
+   country. Like all things human, the legal profession has its dark as
+   well as its bright side, has in it germs of decay and rotten foulness
+   as well as of health and beauty; but yet it is a noble profession,
+   and one which I admire and respect. But, above all, I would desire to
+   respect the bar of my own country, and the Irish bar--the bar made
+   illustrious by such memories as those of Grattan and Flood, and the
+   Emmets, and Curran, and Plunket, and Saurin, and Holmes, and Sheil,
+   and O'Connell. I may add, too, of Burke and of Sheridan, for they
+   were Irish in all that made them great. The bar of Ireland wants this
+   day only the ennobling inspirations of national freedom to raise it
+   to a level with the world. Under the Union very few lawyers have been
+   produced whose names can rank in history with any of the great names
+   I have mentioned. But still, even the present times of decay, and
+   when the Union is preparing to carry away our superior courts, and
+   the remains of our bar to Westminster, and to turn that beautiful
+   building upon the quay into a barrack like the Linen Hall, or an
+   English tax-gatherer's office like the Custom House, there are many
+   learned, accomplished, and respectable lawyers at the Irish bar, and
+   far be it from me to doubt but that any Irish lawyer who might
+   undertake my defence would loyally exert himself as the lofty idea of
+   professional honour commands to save me from a conviction. But to
+   this attack upon my character as a good citizen and upon my liberty,
+   my lords and gentlemen, the only defence I could permit to be offered
+   would be a full justification of my political conduct, morally,
+   constitutionally, legally--a complete vindication of my acts and
+   words alleged to be seditious and disloyal, and to retort against my
+   accusers the charge of sedition and disloyalty. Not, indeed, that I
+   would desire to prosecute these gentlemen upon that charge, if I
+   could count upon convicting them and send them to the dungeon instead
+   of myself. I don't desire to silence them, or to hurt a hair of their
+   wigs because their political opinions differed from mine. Gentlemen,
+   this prosecution against me, like the prosecutions just accomplished
+   against two national newspapers, is part of a scheme of the ministers
+   of the crown for suppressing all voice of protest against the Union,
+   for suppressing all public complaint against the deadly results of
+   the Union, and all advocacy by act, speech, or writing for Repeal of
+   the Union. Now I am a Repealer so long as I have been a politician at
+   all--that is for at least twenty-four years past. Until the national
+   self-government of my country be first restored, there appears to me
+   to be no place, no _locus standi_ (as lawyers say), for any other
+   Irish political question, and I consider it to be my duty as a
+   patriotic and loyal citizen, to endeavour by all honourable and
+   prudent means to procure the Repeal of the Act of the Union, and the
+   restoration of the independent Irish government, of which my country
+   was (as I have said in my prosecuted speech), "by fraud and force,"
+   and against the will of the vast majority of its people of every
+   race, creed, and class, though under false form of law, deprived
+   sixty-seven years ago. Certainly, I do not dispute the right of you,
+   gentlemen, or of any man in this court, or in all Ireland, to
+   approve of the Union, to praise it, if you think right, as being wise
+   and beneficent, and to advocate its continuance openly by act,
+   speech, and writing. But I naturally think that my convictions in
+   this matter of the Union ought to be shared by you also, gentlemen,
+   and by the learned judges, and the lawyers, both crown lawyers and
+   all others, and by the policemen and soldiers, and all faithful
+   subjects of her Majesty in Ireland. Now, gentlemen, such being my
+   convictions, were I to entrust my defence in this court to a lawyer,
+   he must speak as a Repealer, not only for me, but for himself, not
+   only as a professional advocate, but as a man, and from the heart. I
+   cannot doubt but that there are very many Irish lawyers who privately
+   share my convictions about Repeal. Believing as I do in my heart and
+   conscience, and with all the force of the mind that God has given me,
+   that Repeal is the right and the only right policy for Ireland--for
+   healing all the wounds of our community, all our sectarian feuds, all
+   our national shame, suffering, and peril--for making our country
+   peaceful, industrious, prosperous, respectable, and happy--I cannot
+   doubt but that in the enlightened profession of the bar there must be
+   very many Irishmen who, like me, consider Repeal to be right, and
+   best, and necessary for the public good. But, gentlemen, ever since
+   the Union, by fraud and force and against the will of the Irish
+   people, was enacted--ever since that act of usurpation by the English
+   parliament of the sovereign rights of the queen, lords, and commons
+   of Ireland--ever since this country was thereby rendered the subject
+   instead of the sister of England--ever since the Union, but
+   especially for about twenty years past, it has been the policy of
+   those who got possession of the sovereign rights of the Irish crown
+   to appoint to all places of public trust, emolument, or honour in
+   Ireland only such as would submit, whether by parole or by tacit
+   understanding, to suppress all public utterance of their desire for
+   the Repeal of the Union such as has been the persistent policy
+   towards this country of those who command all the patronage of Irish
+   offices, paid and unpaid--the policy of all English ministers,
+   whether Whig or Tory, combined with the disposal of the public
+   forces--such a policy is naturally very effective in not really
+   reconciling, but in keeping Ireland quietly subject to the Union. It
+   is a hard trial of men's patriotism to be debarred from all career of
+   profitable and honourable distinction in the public service of their
+   own country. I do not wonder that few Irish lawyers, in presence of
+   the mighty power of England, dare to sacrifice personal ambition and
+   interest to what may seem a vain protest against accomplished facts.
+   I do not wish to attack or offend them--as this court expresses it,
+   to impute improper motives to them--by thus simply stating the sad
+   facts which are relevant to my own case in this prosecution, and
+   explaining that I decline professional assistance, because few
+   lawyers would be so rash as to adopt my political convictions, and
+   vindicate my political conduct as their own, and because if any
+   lawyer were so bold as to offer me his aid on my own terms, I am too
+   generous to permit him to ruin his professional career for my sake.
+   Such are the reasons, gentlemen of the jury and my lords, why I am
+   now going through this trial, not _secundum artum_, but like an
+   eccentric patient who won't be treated by the doctors but will quack
+   himself. Perhaps I would be safer if I did not say a word about the
+   legal character of the charge made against me in this indictment.
+   There are legal matters as dangerous to handle as any drugs in the
+   pharmacopoeia. Yet I shall trouble you for a short time longer, while
+   I endeavour to show that I have not acted in a way unbecoming a good
+   citizen. The charge against me in this indictment is that I took part
+   in an illegal procession by the provisions of the statute entitled in
+   the Party Processions' Act. His lordship enumerated seven conditions,
+   the violation of some one of which is necessary to render an assembly
+   illegal at common law. Those seven conditions are--1. That the
+   persons forming the assembly met to carry out an unlawful purpose. 2.
+   That the numbers in which the persons met endangered the public
+   peace. 3. That the assembly caused alarm to the peaceful subjects of
+   the Queen. 4. That the assembly created disaffection. 5. That the
+   assembly incited her Majesty's Irish subjects to hate her Majesty's
+   English subjects--his lordship did not say anything of the case of an
+   assembly inciting the Queen's English subjects to hate the Queen's
+   Irish subjects, but no such case is likely to be tried here. 6. That
+   the assembly intended to asperse the right and constitutional
+   administration of justice; and 7. That the assembly intended to
+   impair the functions of justice and to bring the administration of
+   justice into disrepute. I say that the procession of the 8th December
+   did not violate any one of these conditions--1. In the first place
+   the persons forming that procession did not meet to carry out any
+   unlawful purpose--their purpose was peaceably to express their
+   opinion upon a public act of the public servants of the crown. 2. In
+   the second place the numbers in which those persons met did not
+   endanger the public peace. None of those persons carried arms.
+   Thousands of those persons were women and children. There was no
+   injury or offence attempted to be committed against anybody, and no
+   disturbance of the peace took place. 3. In the third place the
+   assembly caused no alarm to the peaceable subjects of the
+   Queen--there is not a tittle of evidence to that effect. 4. In the
+   fourth place the assembly did not create disaffection, neither was it
+   intended or calculated to create disaffection. On the contrary, the
+   assembly served to give peaceful expression to the opinion
+   entertained by vast numbers of her Majesty's peaceful subjects upon a
+   public act of the servants of the crown, an act which vast numbers of
+   the Queen's subjects regretted and condemned. And thus the assembly
+   was calculated to prevent or remove disaffection, and such open and
+   peaceful manifestations of the real opinions of the Queen's subjects
+   upon public affairs is the proper, safe, and constitutional way in
+   which they may aid to prevent disaffection. 5. In the fifth place the
+   assembly did not incite the Irish subjects of the Queen to hate her
+   Majesty's subjects. On the contrary, it was a proper constitutional
+   way of bringing about a right understanding upon a transaction which,
+   if not fairly and fully explained and set right, must produce hatred
+   between the two peoples. That transaction was calculated to produce
+   hatred. But those who protest peaceably against such a transaction
+   are not the party to be blamed, but those responsible for the
+   transaction. 6. In the sixth place the assembly had no purpose of
+   aspersing the right and constitutional administration of justice. Its
+   tendency was peaceably to point out faults in the conduct of the
+   servants of the crown, charged with the administration of justice,
+   which faults were calculated to bring the administration of justice
+   into disrepute. 7. Nor, in the seventh place, did the assembly impair
+   the functions of justice, or intend or tend to do so. Even my
+   prosecutors do not allege that judicial tribunals are infallible. It
+   would be too absurd to make such an allegation in plain words. It is
+   admitted on all hands that judges have sometimes given wrong
+   directions, that juries have given wrong verdicts, that courts of
+   justice have wrongfully appreciated the whole matter for trial. When
+   millions of the Queen's subjects think that such wrong has been done,
+   is it sedition for them to say so peaceably and publicly? On the
+   contrary, the constitutional way for good citizens to act in striving
+   to keep the administration of justice pure and above suspicion of
+   unfairness, is by such open and peaceable protests. Thus, and thus
+   only, may the functions of justice be saved from being impaired. In
+   this case wrong had been done. Five men had been tried together upon
+   the same evidence, and convicted together upon that evidence, and
+   while one of the five was acknowledged by the crown to be innocent,
+   and the whole conviction was thus acknowledged to be wrong and
+   invalid, three of the five men were hanged upon that conviction. My
+   friend, Mr. Sullivan, in his eloquent and unanswerable speech of
+   yesterday, has so clearly demonstrated the facts of that unhappy and
+   disgraceful affair of Manchester, that I shall merely say of it that
+   I adopt every word he spoke upon the subject for mine, and to justify
+   the sentiment and purpose with which I engaged in the procession of
+   the 8th December. I say the persons responsible for that transanction
+   are fairly liable to the charge of acting so as to bring the
+   administration of justice into contempt, unless, gentlemen, you hold
+   those persons to be infallible and hold that thay can do no wrong.
+   But, gentlemen, the constitution does not say that the servants of
+   the crown can do no wrong. According to the constitution the
+   sovereign can do no wrong, but her servants may. In this case they
+   have done wrong. And, gentlemen, you cannot right that wrong, nor
+   save the administration of justice from the disreputation into which
+   such proceedings are calculated to bring it, by giving a verdict to
+   put my comrades and myself into jail for saying openly and peaceably
+   that we believe the administration of justice in that unhappy affair
+   did do wrong. But further, gentlemen, let us suppose that you twelve
+   jurors, as well as the servants of the crown who are prosecuting me,
+   and the two judges, consider me to be mistaken in my opinion upon
+   that judicial proceeding, yet you have no right under the
+   constitution to convict me of a misdemeanour for openly and peaceably
+   expressing my opinion. You have no such right; and as to the wisdom
+   of treating my differences of opinion and the peaceable expression of
+   it as a penal offence--and the wisdom of a political act ought to be
+   a serious question with all good and loyal citizens--consider that
+   the opinion you are invited by the crown prosecutors to pronounce to
+   be a penal offence is not mine alone, nor that of the five men herein
+   indicted, but is the opinion of all the 30,000 persons estimated by
+   the crown evidence to have taken part in the assembly of the 8th of
+   December; is the opinion besides of the 90,000 or 100,000 others who,
+   standing in the streets of this city, or at the open windows
+   overlooking the streets traversed by the procession that day,
+   manifested their sympathy with the objects of the procession; is the
+   opinion, as you are morally certain, of some millions of your Irish
+   fellow-subjects. By indicting me for the expression of that opinion
+   the public prosecutors virtually indict some millions of the Queen's
+   peaceable Irish subjects. It is only the convenience of this
+   court--which could not hold the millions in one batch of traversers,
+   and which would require daily sittings for several successive years
+   to go through the proper formalities for duly trying all those
+   millions; it is only the convenience of this court that can be
+   pretended to relieve the crown prosecutors from the duty of trying
+   and convicting all those millions if it is their duty to try and
+   convict me. The right principles of law do not allow the servants of
+   the crown to evade or neglect their duty of bringing to justice all
+   offenders against the law. I suppose these gentlemen may allege that
+   it is at their discretion what offenders against the law they will
+   prosecute. I deny that the principles of the law allow them, or allow
+   the Queen such discretion. The Queen, at her coronation services,
+   swears to do justice to all her subjects according to the law. The
+   Queen, certainly, has the right by the constitution to pardon any
+   offenders against the law. She has the prerogative of mercy. But
+   there can be no pardon, no mercy, till after an offence be proved in
+   due course of law by accusation of the alleged offenders before the
+   proper tribunals, followed by the plea of guilty or the jurors'
+   verdict of guilty. And to select one man or six men for trial,
+   condemnation, and punishment, out of, say, four millions who have
+   really participated in the same alleged wicked, malicious, seditious,
+   evil-disposed, and unlawful proceeding, is unfair to the six men, and
+   unfair to the other 3,999,994 men--is a dereliction of duty on the
+   part of the officers of the law, and is calculated to bring the
+   administration of justice into disrepute. Equal justice is what the
+   constitution demands. Under military authority an army may be
+   decimated, and a few men may properly be punished, while the rest are
+   left unpunished. But under a free constitution it is not so. Whoever
+   breaks the law must be made amenable to punishment, or equal justice
+   is not rendered to the subjects of the Queen. Is it not pertinent,
+   therefore, gentlemen, for me to say to you this is an unwise
+   proceeding which my prosecutors bid you to sanction by a verdict? I
+   have heard it asked by a lawyer addressing this court as a question
+   that must be answered in the negative--can you indict a whole nation?
+   If such a proceeding as this prosecution against the peaceable
+   procession of the 8th December receives the sanction of your verdict,
+   that question must be answered in the affirmative. It will need only
+   a crown prosecutor, an attorney-general, and a solicitor-general, two
+   judges, and twelve jurors, all of the one mind, while all the other
+   subjects of the Queen in Ireland are of a different mind, and the
+   five millions and a half of the Queen's subjects of Ireland outside
+   that circle of seventeen of her Majesty's subjects, may be indicted,
+   convicted, and consigned to penal imprisonment in due form of law--a
+   law as understood in political trials in Ireland. Gentlemen, I have
+   thus far endeavoured to argue from the common sense of mankind, with
+   which the principles of law must be in accord, that the peaceable
+   procession of the 8th of December--that peaceable demonstration of
+   the sentiment of millions of the Queen's subjects in Ireland--did not
+   violate any of the seven conditions of the learned judge to the grand
+   jury in defining what constitutes an illegal assembly at common law;
+   and I have also argued that the prosecution is unwise, and calculated
+   to excite discontent. Gentlemen, I shall now endeavour to show you
+   that the procession of the 8th of December did not violate the
+   statute entitled the Party Processions' Act. The learned judge in his
+   charge told the grand jury that under this act all processions are
+   illegal which carry weapons of offence, or which carry symbols
+   calculated to promote the animosity of some other class of her
+   Majesty's subjects. Applying the law to this case, his lordship
+   remarked that the processions of the 8th of December had something of
+   military array--that is, they went in regular order with a regular
+   step. But, gentlemen, there were no arms in that procession, there
+   were no symbols in that procession intended or calculated to provoke
+   animosity in any other class of the Queen's subjects, or in any human
+   creature. There were neither symbol, nor deed, or word intended to
+   provoke animosity, and as to the military array--is it not absurd to
+   attribute a warlike character to an unarmed and perfectly peaceful
+   assemblage, in which there were some thousands of women and children?
+   No offence was given or offered any human being. The authorities were
+   so assured of the peacefulness and inoffensiveness of the assemblage
+   that the police were withdrawn in a great measure from their ordinary
+   duties of preventing disorders. And as to the remark that the people
+   walked with a regular step, I need only say that was done for the
+   sake of order and decorum. It would be merely to doubt whether you
+   are men of common sense if I argued any further to satisfy you that
+   the procession did not violate the Party Processions' Act, such as it
+   is defined by the learned judge. The speech delivered on that
+   occasion is an important element in forming a judgment upon the
+   character and object of the procession. The speech declared the
+   procession to be a peaceable expression of the opinion of those who
+   composed it upon an important public transaction, an expression of
+   sorrow and indignation at an act of the ministers of the government.
+   It was a protest against that act--a protest which those who
+   disapproved of it were entitled by the constitution to make, and
+   which they made, peaceably and legitimately. Has not every individual
+   of the millions of the Queen's subjects the right to say so say
+   openly whether he approves or disapproves of any public act of the
+   Queen's ministers? Has not all the Queen's subjects the right to say
+   altogether if they can without disturbance of the Queen's peace? The
+   procession enabled many thousands to do that without the least
+   inconvenience or danger to themselves, and with no injury or offence
+   to their neighbours. To prohibit or punish peaceful, inoffensive,
+   orderly, and perfectly innocent processions upon pretence that they
+   are constructively unlawful, is unconstitutional tyranny. Was it done
+   because the ministers discovered that the terror of suspended habeas
+   corpus had not in this matter stifled public opinion? Of course, if
+   anything be prohibited by government, the people obey--of course I
+   obey. I would not have held the procession had I not understood that
+   it was permitted. But understanding that it was permitted, and so
+   believing that it might serve the people for a safe and useful
+   expression of their sentiment, I held the procession. I did not hold
+   the procession because I believed it to be illegal, but because I
+   believed it to be legal and understood it to be permitted. In this
+   country it is not law that must rule a loyal citizen's conduct, but
+   the caprice of the English ministers. For myself, I acknowledge that
+   I submit to such a system of government unwillingly, and with
+   constant hope for the restoration of the reign of law, but I do
+   submit. Why at first did the ministers of the crown permit an
+   expression of censure upon that judicial proceeding at Manchester by
+   a procession--why did they not warn her Majesty's subjects against
+   the danger of breaking the law? Was it not because they thought that
+   the terrors of the suspended habeas corpus would be enough to prevent
+   the people from coming openly forward at all to express their real
+   sentiments? Was it because they found that so vehement and so general
+   was the feeling of indignation at that unhappy transaction at
+   Manchester that they did venture to come openly forward--with perfect
+   peacefulness and most careful observance of the peace to express
+   their real sentiments--that the ministry proclaimed down the
+   procession, and now prosecute us in order to stifle public opinion?
+   Gentlemen of the jury, I have said enough to convince any twelve
+   reasonable men that there was nothing in my conduct in the matter of
+   that procession which you can declare on your oaths to be "malicious,
+   seditious, ill-disposed, and intended to disturb the peace and
+   tranquility of the realm." I shall trouble you no further, except by
+   asking you to listen to the summing up of this indictment, and, while
+   you listen to judge between me and the attorney-general. I shall read
+   you my words and his comment. Judge of us, Irish jurors, which of us
+   two are guilty:--"Let us, therefore, conclude this proceeding by
+   joining heartily, with hats off, in the prayer of those three men,
+   'God save Ireland.'" "Thereby," says the attorney-general in his
+   indictment, "meaning, and intending to excite hatred, dislike, and
+   animosity against her Majesty and the government, and bring into
+   contempt the administration of justice and the laws of this realm,
+   and cause strife and hatred between her Majesty's subjects in Ireland
+   and in England, and to excite discontent and disaffection against her
+   Majesty's government." Gentlemen, I have now done.
+
+   Mr. Martin sat down amidst loud and prolonged applause.
+
+This splendid argument, close, searching, irresistible, gave the _coup
+de grace_ to the crown case. The prisoners having called no evidence,
+according to honourable custom having almost the force of law, the
+prosecution was disentitled to any rejoinder. Nevertheless, the crown
+put up its ablest speaker--a man far surpassing in attainments as a
+lawyer and an orator both the Attorney and Solicitor-General--Mr. Ball,
+Q.C., to press against the accused that technical right which honourable
+usage reprehended as unfair! No doubt the crown authorities felt it was
+not a moment in which they could afford to be squeamish or scrupulous.
+The speeches of Mr. Sullivan and Mr. Martin had had a visible effect
+upon the jury--had, in fact, made shreds of the crown case; and so Mr.
+Ball was put up as the last hope of averting the "disaster" of a
+failure. He spoke with his accustomed ability and dignity, and made a
+powerful appeal in behalf of the crown. Then Mr. Justice Fitzgerald
+proceeded to charge the jury, which he did in his own peculiarly calm,
+precise, and perspicuous style. At the outset, referring to the protest
+of the accused against the conduct of the crown in the jury challenges,
+he administered a keen rebuke to the government officials. It was, he
+said, no doubt the strict legal _right_ of the crown to act as it had
+done; yet, considering that this was a case in which the accused was
+accorded no corresponding privilege, the exercise of that right in such
+a manner by the crown certainly was, in his, Mr. Justice Fitzgerald's
+estimation, _a subject for grave objection_.
+
+Here there was what the newspaper reporters call "sensation in court."
+What! Had it come to this, that one of the chief institutions of the
+land--a very pillar of the crown and government--namely, _jury-packing_,
+was to be reflected upon from the bench itself. Monstrous!
+
+The charge, though mild in language, was pretty sharp on the
+"criminality" of such conduct as was _imputed_ to the accused, yet
+certainly left some margin to the jury for the exercise of their opinion
+upon "the law and the facts."
+
+At two o'clock in the afternoon the jury retired to consider their
+verdict, and as the judges at the same moment withdrew to their chamber,
+the pent-up feelings of the crowded audience instantly found vent in
+loud Babel-like expressions and interchange of comments on the charge,
+and conjectures as to the result. "Waiting for the verdict" is a scene
+that has often been described and painted. Everyone of course concluded
+that half-an-hour would in any case elapse before the anxiously watched
+jury-room door would open; but when the clock hands neared three,
+suspense intense and painful became more and more visible in every
+countenance. It seemed to be only now that men fully realized all that
+was at stake, all that was in peril, on this trial! _A conviction in
+this case rendered the national colour of Ireland for ever more an
+illegal and forbidden emblem_! A conviction in this case would degrade
+the symbol of nationality into a badge of faction! To every fevered
+anxious mind at this moment rose the troubled memories of gloomy
+times--the "dark and evil days" chronicled in that popular ballad, the
+music and words of which now seemed to haunt the watchers in the
+court:--
+
+  "Oh, Patrick, dear, and did you hear
+    The news that's going round?
+  The shamrock is by law forbid.
+    To grow on Irish ground.
+  No more St. Patrick's day we'll keep--
+    His colour can't be seen,
+  For there's a bloody law again
+    The Wearing of the Green."
+
+But hark! There is a noise at the jury-room door! It opens--the jury
+enter the box. A murmur, swelling to almost a roar, from the crowded
+audience, is instantly followed by a deathlike stillness. The judges are
+called; but by this time it is noticed that the foreman has not the
+"issue-paper" ready to hand down; and a buzz goes round--"a question; a
+question!" It is even so. The foreman asks:--
+
+   Whether, if they believed the speech of Mr. Martin to be in itself
+   seditious, should they come to the conclusion that the assemblage was
+   seditious?
+
+Mr. Justice Fitzgerald answers _in the negative_, and a thrill goes
+through the audience. Nor is this all. One of the jurors declares there
+is no chance whatever of their agreeing to a verdict! Almost a cheer
+breaks out. The judge, however, declares they must retire again; which
+the jury do, very reluctantly and doggedly; in a word, very unlike men
+likely to "persuade one another."
+
+When the judges again leave the bench for their chamber, the crowd in
+court give way outright to joy. Every face is bright; every heart is
+light; jokes go round, and there is great "chaff" of the crown
+officials, and of the "polis," who, poor fellows, to tell the truth,
+seem to be as glad as the gladdest in the throng. Five o'clock
+arrives--half-past five--the jury must suavely be out soon now. At a
+quarter to six they come; and for an instant the joke is hushed, and
+cheeks suddenly grow pale with fear lest by any chance it might be evil
+news. But the faces of the jurymen tell plainly "no verdict." The judges
+again are seated. The usual questions in such cases: the usual answers.
+"No hope whatever of an agreement." Then after a reference to the
+Solicitor-General, who, in sepulchral tone, "supposes" there is "nothing
+for it" but to discharge the jury, his lordship declares the jury
+discharged.
+
+Like a volley there burst a wild cheer, a shout, that shook the
+building! Again and again it was renewed; and, being caught up by the
+crowd outside, sent the tidings of victory with electrical rapidity
+through the city. Then there was a rush at Mr. Martin and Mr. Sullivan.
+The former especially was clasped, embraced, and borne about by the
+surging throng, wild with joy. It was with considerable difficulty any
+of the traversers could get away, so demonstrative was the multitude in
+the streets. Throughout the city the event was hailed with rejoicing,
+and the names of the jurymen, "good and bad" were vowed to perpetual
+benediction. For once, at least, justice had triumphed; or rather,
+injustice had been baulked. For once, at least, the people had won the
+day; and the British Government had received a signal overthrow in its
+endeavour to proscribe--
+
+"THE WEARING OF THE GREEN."
+
+       *       *       *       *       *
+
+For one of the actors in the above-described memorable scene, the
+victory purchased but a few hours safety. Next morning Mr. A.M. Sullivan
+was placed again at the bar to hear his sentence--that following upon
+the first of the prosecutions hurled against him (the _press_
+prosecution), on which he had been found guilty. Again the court was
+crowded--this time with anxious faces, devoid of hope. It was a brief
+scene. Mr. Justice Fitzgerald announced the sentence--six months in
+Richmond Prison; and amidst a farewell demonstration that compelled the
+business of the court to be temporarily suspended, the officials led
+away in custody the only one of the prosecuted processionists who
+expiated by punishment his sympathy with the fate of the Martyred Three
+of Manchester.
+
+END.
+
+
+
+
+
+
+
+End of Project Gutenberg's The Wearing of the Green, by A.M. Sullivan
+
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