Part 8

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, 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.