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.

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