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.