discipline, that, as Mr. Duffy said, they would be ready for liberty, then it was intended, to use the language of Mr. Barrett, that Ireland should stamp her foot, and the Repeal should be granted. Whether it was the intention of the traversers, by these inflammatory speeches and publications, to lead to an actual outbreak hereafter or not, is not material to the purpose of the present charge against them. If they had it in contemplation to the full extent, if they intended that at some future period there should be an outbreak, headed by one of the traversers, in point of law that would be a higher offence than that for which they are now indicted. It is sufficient, for the purpose of the present indictment, it being for a misdemeanor subjecting them to fine and imprisonment, that you should believe that these meetings were held for the purpose of overawing the legislature, and by the demonstration of physical force and organization throughout the country, in the end to get a Repeal of the Union, otherwise than by the constituted tribunals of the country, the United Parliament. If their intention was to overawe the legislature, and to obtain a Repeal by the organization effected, and the intimidation practised, I need scarcely inform you that was illegal, for then it would be utterly impossible to carry on the government of the country, if such important alterations were not to be made by the representatives of the people, but by the people themselves, by means of the physical force which they have displayed. One mischief arising from these assembled multitudes is that which Mr. O'Connell adverted to at Mullaghmast, that when the people were organized to the extent to which they are, even though he were anxious that there should be no outrage, that all should be peaceable, he might not be able to control them under his command, after having excited them to this extent. At Mullaghmast he adverted to this apprehension which he felt, and said it came across him like a sickly dream, and he appealed to them whether they would continue to obey him. I certainly will admit that it was not intended that there should be an outbreak; that was part of the system adopted in this conspiracy, and of course we have reason to rejoice that such a course was adopted; but that does not take away from the illegality of those proceedings. If the intention was to organize the people to that extent that the Government of the country could not be carried on independently, but by force of the control of those assembled multitudes, who were to dictate to the legislature the course they were to adopt, that was illegal. Although throughout these speeches and publications no ultimate outbreak was adverted and looked to, yet I believe they intended to carry on the intimidation by those meetings, and by the assembly of so many thousand persons, rather than to create any present disturbance. It is sufficient for my purpose, if you should believe that these multitudes were assembled together for the purpose of intimidation by the demonstration of physical force, although there might be no actual intention of using it, except for intimidation. If that be the case, they are guilty under this indictment. It is not necessary for the purposes of this prosecution, that you should believe that an

ultimate outbreak was intended. As I have already said, and as was said by Mr. Justice Rooke, though one of the traversers might not have intended the consequences that might result from their acts, it might as well be said, by a person who fired a pistol among a crowd, that he did not intend to kill any person. When Mr. O'Connell said, that he had a sickly dream come over him, he was afraid that the people's feelings had been wound up to so great an extent, that an outbreak might take place; but whether he intended or not, that there should be no future outbreak, no physical force, yet I tell you, that these meetings, and that combination, were illegal under the charges in the present indictment. There is another branch of this indictment, relating to the establishing of the Arbitration Courts, which you have already heard. I may now tell you, gentlemen, that in a conspiracy of this kind, although I have stated to you the entire of it, and each part of it is intimately connected with the other, it is not necessary that you should come to the conclusion that the traversers are guilty of every portion of it; it is not necessary for the Crown to establish every portion of the conspiracy; it is sufficient if you are of opinion that they are guilty of any one part. Although I believe I shall be able to establish every portion of the charge, yet I think it necessary to state this.

66

Gentlemen, I have now detained you for a great length of time, and I will conclude by using the language used by a most eminent Judge, Chief Justice Bushe, at the Maryborough Special Commission: "I will "conclude by recalling your attention to all that is in our power to "do, and that is our duty. Let us do that firmly and temperately; "I say firmly and temperately, for in agitated times it is hard to "preserve the equable balance of the mind. Fear is a corrupting "principle, and alarm operates in different and opposite directions. "In such times, the influence of panic has led men, I am sorry to say of all classes, to truckle to the insurgents, to decline those duties "which the administration of justice calls for; or, what is worse, to "discharge them in a spirit of base compromise, in the silly hope of "securing what could never be more than a temporary and precarious "safety, or from the more abject motive of earning an ignominious "popularity; on the other hand, panic is often the source of a blind, "rash, indiscriminating zeal, or exasperating energy, more resembling "the temper of war, than the stayed step and sober-minded charac"ter of justice. We should always remember that we are engaged "in a conflict of law against outrage, and not of one violence against “another; and that in proportion as the enormity of the offence calls "for exertion, it also calls upon us to distrust, or, at least, to watch "ourselves, and to proceed cautiously and circumspectly, not only "because the punishments to be inflicted are heavy, but because "it is impossible to approach the discharge of our present duties "without a deep and personal interest in putting down the existing "mischief; an interest which we are bound to neutralize by the "coolest impartiality." He then concludes: "Let us therefore co"operate in our several departments, in carrying into execution the "laws of our country; and in the grand jury room, in the petty jury

"box, and on the Bench, enter into a covenant with ourselves, so "calmly and scrupulously to investigate every charge, as to insure "the conviction of every guilty man, and the acquittal of every man "whose innocence is manifested or whose guilt is made doubtful.”

THURSDAY, JANUARY 18TH.

FREDERICK BOND HUGHES Sworn, and examined by the SOLICITORGENERAL.

I am a short-hand writer. I have been in the habit of reporting for 17 or 18 years. I recollect coming to this country in September last. I arrived on Saturday the 30th of September. I never had been in Ireland before. I recollect the following day the 1st of October. I went on that day to a place called Mullaghmast, in the county of Kildare. I arrived there about half-past 12 o'clock. There were many persons present when I arrived, and they gradually began to increase to a large number. As near as I could guess, 30,000 or 40,000 persons were present; I could not see over the whole extent of the ground. I saw no particular exhibitions, except persons coming from different parts with banners. I took on that occasion a memorandum of what passed, that is, of the speeches. I have it here.

The Solicitor General.-Before you refer to your notes, can you mention some of the inscriptions on the banners?

"Hurrah for Repeal," I think was the inscription on one of the banners. "The Men of the Border County" was another; those were in front of the platform. "The man who commits a crime is an Enemy to his Country," was another. "A Country of Nine Millions is too great to be dragged at the tail of any Nation." The musicians connected with the various parties had on a sort of fancy dress. I did not observe how many bands there were. There were several persons about the platform with papers on their hats and staves in their hands, and on the paper was inscribed "O'Connell's Police." I know the traverser, Mr. Daniel O'Connell. I see him in Court. It was on a Sunday that the meeting took place. Mr. O'Connell arrived at about two o'clock. I am not aware that I saw Mr. John O'Connell on that occasion. Mr. Ray and Dr. Gray were present. I think I should recollect Mr. Ray. Dr. Gray is sitting behind me. So is Mr. Ray. I know Mr. Steele. I saw him there. I see him in Court. Mr. O'Connell had a sort of velvet robe on. It was scarlet or claret colour. After the arrival of Mr. O'Connell some gentleman proposed that he should take the chair. That motion was put and carried. Mr. Caulfield, I think, proposed it. Mr. O'Connell addressed the meeting. I took a note of what Mr. O'Connell said on that occasion. I took it in short-hand, to the best of my ability. I have both the original notes, and the transcript here.

The Solicitor General.-I do not want to take you through the

whole of what was said. Begin at the first page, and read to their Lordships and the jury, what Mr. O'Connell said [see ante, p. 133]. Mr. Monahan.-Read the whole of the speech from beginuing to end.

Mr. Hatchell.-There are passages which we consider most material to the traversers. [The Witness then read the speech of Mr. O'Connell at Mullaghmast.]

Examination resumed. I heard resolutions proposed at that meeting. Mr. Aylmer proposed the first resolution. The first resolution was in the following words: "Resolved, that this meeting "hereby declares its devoted loyalty to the person and throne of Her "Gracious Majesty Victoria, Queen of Ireland, and its determi"nation to uphold and maintain inviolate all the prerogatives of "the Crown as guaranteed by the Constitution." That resolution was carried. The second resolution was proposed by Mr. Joseph Hacket of Kilkenny, and seconded by Alderman Keshan. It was: "That we the clergy, gentry, freeholders, burgesses, and other inha"bitants of the province of Leinster, in public meeting assembled, "declare and pronounce, in the presence of our country, before "Europe and America, and in the sight of Heaven, that no power " on earth ought of right to make laws to bind this kingdom, save the "Queen, Lords and Commons of Ireland; and here standing on the graves of the martyred dead, we solemnly pledge ourselves to use every constitutional exertion to free this our native land from the "tyranny of being legislated for by others than her own inhabi"tants." That resolution was put by the chairman, Mr. O'Connell, and carried. Some gentleman then came forward with a velvet cap. It was a round velvet cap. It was Mr. O'Callaghan who presented it. He said: "I am deputed by the committee, who send me to present you with the National Cap." He then read an address. The cap was then placed on the head of Mr. O'Connell. [The Witness then read the observations made by Mr. O'Connell]. A resolution was then proposed for the adoption of a petition to Parliament, for a repeal of the Union, which was to be presented by a repeal member. After that, the following resolution was proposed :-" Re"solved, that forty-four years of devoted and successful labour "in the cause of his country, have justly earned for O'Connell, the "Liberator of Ireland, the unbounded confidence of the Irish people; " and that we, relying upon his superior wisdom, discretion, patri"otism and undaunted firmness, hereby pledge ourselves individually "and collectively to follow his guidance, under any and every cir"cumstance that may arise, come weal or come woe, never to de"sert the constitutional standard of repeal, which he has raised." That resolution was put from the chair, and carried. It was not put by Mr. O'Connell. A gentleman was called to the chair to pass the resolution. The meeting was held in the open air, at a place called the Rath of Mullaghmast. There was a dinner on the same day, at Mullaghmast. Mr. O'Connell, Mr. John O'Connell, Mr. Steele, Mr. Barrett, Dr. Gray, and Mr. Ray were present. I never had seen any of them, except Mr. John O'Connell and Mr. Daniel O'Connell,

before that day. I saw them in Parliament. I never was in Ireland before. Mr. John O'Connell presided at that dinner. After dinner Mr. John O'Connell made a speech. Several letters were read. A letter was read from Mr. Thomas Ffrench. [The Witness read the letter]. There was a gentleman, who I was told was Mr. Barrett, there. He made a speech during that evening. [The witness read the speech, see ante, p. 138.] Mr. O'Connell's health was proposed; in returning thanks, he spoke. Mr. Ray spoke at that meeting. The toast of the "Repeal Association" was given. Mr. Ray was called on to respond to it. Dr. Gray was at that meeting. He spoke to the toast of the "dismissed magistrates, and Repeal Arbitrators." I recollect Monday, the 2nd of October. There was a mecting of the Association on that day. I got admittance by stating that I attended to report. I obtained a ticket on the following day. I got it from Mr. Ray. It was in the following words :-"Admit the bearer, Mr. Hughes, of the Press, at all times, to our meeting, T. M. Ray." On the back: Loyal National Repeal Association." At the time Mr. Ray wrote this, I said to him, "you had better state that I am Reporter for the Government. He said, "that will do for the present; the Conciliation Hall will soon be open, and you will have a place to yourself." I mentioned at Mullaghmast, that I came to report for the Government. Mr. O'Connell stated, that he understood there was a gentleman there on the part of the Government. I immediately stood up and said, that I attended on the part of the Government, to report the proceedings. Mr. O'Connell then said, that on former occasions gentlemen had attended to report at the Catholic Association; that he had afforded them every facility, and had given them access to documents; and that any accommodation he had afforded those gentlemen, he would be happy to afford to me. I believe it

66

was also through Mr. O'Connell that I received a ticket to attend the banquet.

The Solicitor General.-Do you see Mr. Barrett in Court? The Witness. [Looking at Mr. Barrett]-That is the gentleman, to the best of my belief, whom I saw at Mullaghmast, and who made the speech which I have read as Mr. Barrett's. On the 2nd of October I took a note of what took place at the Association. I find in it a report of a speech made by Mr. O'Connell upon a letter from Limerick being read by Mr. Ray, the Secretary. [The witness read the speech, in which Mr. O'Connell referred to an advertisement which appeared in the papers, headed "Repeal Cavalry," in relation to the Clontarf meeting, and in which he stated, that though a good quiz, it ought never to have been printed]. On the 3rd of October, 1843, I was at the Corn Exchange. At the meeting of the 2nd of October, 1843, there were present, Mr. O'Connell, Mr. Ray, Mr. Steele. On the 3rd of October, 1843, Mr. O'Connell, Mr. John O'Connell, Mr. Ray, Mr. Steele, Mr. Duffy, Rev. Mr. Tierney, Dr. Gray, Dr. Murphy, and several others were present. Mr. Duffy is in court, sitting next to Mr. Tierney. A letter from Loughrea was read at that meeting. I must state that all the letters and papers in my notes are not copies of the originals. I was told that those which