Secondly---Resolved---That we, the clergy, gentry, freeholders, and other inhabitants of Fingal, in public meeting assembled, declared 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 ever memorable battle-field of Clontarf---the Marathon of Ireland--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 inhabitants. Resolved---That forty-four years of devoted and successful labour in the cause of his country have justly earned for Mr. O'Connell the Liberator of Ireland, the unbounded confidence of the Irish people; and that we, relying upon his supreme wisdom, discretion, patriotism, and undaunted firmness, hereby pledge ourselves individually and collectively, to follow his guidance under any and every circumstance that may arise, and, come weal come woe, never to desert the constitutional standard of repeal which he has raised. That petitions to the House of Lords and Commons, now read, be adopted, praying for their recognition of the inalienable right of an Irish nation to a domestic legislature, and in order thereto for a repeal of the legislative union." He (the Attorney General) had now gone through the statement of the several meetings to which he thought it might be important to direct the attention of the court and jury; and he would proceed to again refresh their recollection of the charge upon which the traversers were indicted. They were charged "for a combination, conspiracy, and confederacy to raise and create discontent amongst her Majesty's subjects, and to excite them to hatred and contempt of the government as by law established, and to offer unlawful opposition to said government."

Now, he would ask, whether after the detail he had laid before the jury, they could entertain a doubt of the guilt of the defendants, if his case was proved of a conspiracy to excite the discontent and disaffection stated in the indictment amongst her Majesty's subjects. It was impossible to carry on a government if the inhabitants of the different parts of the empire were to be excited to hatred against one another: and he was sure that the people of Ireland would never have been excited as they had been, but for the conspiracy of the traversers to accomplish that object, and it was their (the jurors') duty, if they believed his statement (when it was proved), not to hesitate or have any difficulty in finding them guilty of the charge. There was another part of the indictment, as to exciting discontent and disaffection in the army, and they would understand that it was first necessary to excite disaffection amongst the people before they could succeed in working upon the army, and creating discontent and disaffection amongst her Majesty's soldiers against her government. The purpose was to accustom the people in the first instance, to come from great distances, and to march in order, after which, when they had scen their strength by physical demonstrations, they might awe the government to grant repeal; for as long as the army remained faithful to the Queen and to their country, there could have been very little expectation that even such an organization could be of any avail; therefore following up that step, another important part of the indictment was an attempt to

create disaffection, and to lead their minds from their duty, by using expressions relative to non-commissioned officers and soldiers, of an inflammatory nature. He (the Attorney General) believed that it was Mr. O'Connell's object that those assemblages should separate quietly, but when the illegitimate object was completed, and repeal wardens were appointed in every parish, he had nothing to do, but, according to Mr. Barrett, "to stamp his foot and Ireland would be free." If the traversers contemplated an outbreak that, in point of law, would be a higher offence than that for which they were indicted. The present was only a misdemeanor case, subject to fine and imprisonment. It was sufficient for the purposes of the case to believe that the meetings was held to overawe the legislature, and by the demonstration of physical force and the orginazation of the conutry to obtain the repeal of the union, by means contrary to the constitutional tribunal and the houses of parliament of the united empire If the intention of the traversers was to overawe the legislature, and obtain the repeal the union by intimidation to be effected by that organization, he need scarcely tell them that such a preceeding was illegal, because it would be utterly impossible to carry on the government if particular alterations in the law were made, not by the representatives of the people, but by the people themselves, by means of physical force and intimidation. Amongst the mischiefs arising from these assembled multitudes was one to which Mr. O'Connell adverted, he believed at the Mullaghmast meeting; namely, that when the people were organized to an extent such as had occured, it might be impossible to prevent an outbreok. If it were so

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he might not have been able as was suggested by himself, to controul and restrain the feelings of those who had been excited. "It came," he said, across him as a sickly dream," that there might be a tumlut, He was apprehensive that there might have been a disturbance and he appealed to the assembled thousands whether they would continue to obey him. He (the Attorney-General) would admit that it was not intended that these meetings should terminate in outrage; on the contrary, he believed that part of the system of conspiracy was that the meetings should end peaceably and quietly. Of course they had reason to rejoice that such a course had been adopted, and that they had not discovered the misery which would have arisen if any revolt had taken place, but that did not do away with the illegality of the proceedings; for it was an obvious principle, so obvious that is was not necessary to press it further upon their minds, that if intimidation were carried on to such an extent that the government could not act independently, but would be compelled to take measures under the control and pressure of the multitude, such a proceeding would be illegal. Although in many of the speeches and publications, an ultimate outbreak was adverted to, yet he contended, from a review of the entire of the case, it was intended more to carry out the principle of intimidation, which was done in a great measure by the assembling together of so many hundreds of thousands of people. For the purposes of the present trial, which was a misdemeanor trial, and for a conspiracy, it was sufficient for the jury to believe that these thousands were congregated together to intimidate the government, to constitate the offence of conspiracy laid in the

indictment; and it was not necessary for the purpose of the sustainment of the indictment, that the jury should believe that an outbreak was ultimately intended, for as he had already said, even although one of the traversers might not have intended that a tumult should have followed, yet they were guilty, if such a consequence were the end and effect of their addresses to the populace. As well might it be said, as urged by Baron Rooke, that a man who fired a pistol amongst a crowd did uot intend to injure any one in it, as that a person who inflamed and excited the populace, was not accountable for the effect of his address. When Mr. O'Connell said he had a sickly dream of a tumult arising, he not seem to be unconscious that such would take place; but whether he intended or not that there should be an outbreak; whether he intended or not that a particular meeting should end peaceably, and at a future meeting recourse should be had to physical force, he (the Attorney-General) told the jury, subject to the correction of the court, that these meetings and combinations of people to procure certain measures were illegal, upon the present indictment, which was for a mere misdemeanour and an endeavour to make alterations in the law otherwise than by constitutional means.

There was another branch of the conspiracy.which related to the establishment of arbitration courts, and he would tell them what the court would also announce to them, that with respect to a conspiracy of this kind, it was not necessary for a verdict of guilty against the traversers that they should be guilty of every portion of the offence laid to their charge. It would be sufficient if they were of opinion that the traversers were guilty of any part of the indictment; and it was not necessary, on the part of the crown, although he believed he should be able to establish every part of his case, to prove every part of the offences charged in the indictment. He had already detained the court at such great length, and he felt himself to be so incapable of protracting his address further, that he would then conclude, and he could not do so better than by reading the following extract from the charge of the late Chief Justice Bushe, delivered at Maryborough assizes :---" 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 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 abject motive of earning an ignominious popularity. On the other hand, panic is often the source of a blind, rash, indiscriminating zeal, an exasperating energy, more sembling the temper of war, than the staid step and sober-minded character 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.

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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 imposible to approach the discharge of our present duties without a deep personal interest in putting down the existing mischief---an interest which we are bound to neutralise by the coolest impartiality--- 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 mau, and the acquittal of every man whose innocence is manifested, or whose guilt is made doubtful.'

The Solicitor General said the examination of the first witness would occupy a great deal of time, and it would be adviseable to adopt such a course as would be most convenient. It was quite impossible that the direct and cross-examination of the first witness could terminate at any hour that evening.

Chief Justice---Are we to understand that it is the wish of the Grown that this case should not proceed further to-day?

The Solicitor General said he could not say that the Crown had any wish on the subject, but it would be probably more convenient to adjourn then, than to leave off in the middle of the examination of a witness.

The Chief Justice said the court were quite willing to go on further, unless the Crown thought it more expedient to adjourn at that stage. The Attorney General said it would be a very inconvenient thing to adjourn during the examination of a witness.

Chief Justice---So it would. Let the court be adjourned until ten o'clock to-morrow morning, punctually.

The court then (at five o'clock) was adjourned to this morning.

THIRD DAY.

The court sat precisely at ten o'clock. The traversers were in punctual attendance. The jury having been called over, and having answered to

their names,

The Clerk of the Crown directed the crier to call Frederick Bond Hughes.

Solicitor-General. What is your name? Frederick Bond Hughes. You are a short-hand writer? Yes, I am.

You have been constantly in the habit of reporting? been reporting for the last seventeen or eighteen years. Upon different occasions ? Yes, upon different occasions.

Yes, I have

Do you remember having come over to this country in September last ? Yes, I do.

On what day did you arrive? On the 29th of September; on the 30th I mean.

On what day of the week?

Witness. On Saturday. I never was in Ireland before; I recollect the following day, the 1st of October; I went to Mullaghmast on that day; I think I arrived there about half-past twelve o'clock; there were a great many persons assembled about the grounds when I got there, a large number; I should think, about thirty or forty thousand persons, as near as I can guess; I could not see over the whole extent of the ground; I saw persons coming from different places with banners; if you will allow me to refer to my book I shall tell you the inscriptions I took on that occasion, a note or memorandum of what passed; that is, of the speeches; I have it here; I saw the inscrptions; "Hurra for the Repeal!" was one of them; "A Nation of Nine Millions is too strong to be dragged at the tail of any other country;" in the front of the platform was an inscription, "The man who commits a crime is an enemy to his country,' "Ireland must be a Nation," "A country with Nine Millions of inhabitants is too great to be drag gedat another tail of the Nation;" there were several persons in and about the platform, with papers round their hats, and staves in their hands; there was an inscription on the papers, "O'Connell's Police;" I know the traverser, Daniel O'Connell; I see him in court [Here Mr. O'Connell, who sat at the table immediately under the witness's chair, rose and bowed with a smile to the witness.] Mr. O'Connell arrived at the place of meeting about two o'clock; I am not aware that I saw Mr. John O'Connell on that occasion; there were some of the gentlemen present whose names I learned, Mr. Ray and Dr. Gray, I think I should recollect Mr. Ray (the witness here turned to the traversers' box in which Mr. Ray and Dr. Gray sat, and identified both gentlemen); I know Mr. Thomas Steele, I saw him at that meeting; I see him now in court; Mr. O'Connell was dressed that day in a sort of velvet robe, scarlet or claret colour; some gentleman proposed that Mr. O'Connell should take the chair; that motion was put and carried; Mr. O'Connell addressed the meeting on his taking the chair; I took notes of what Mr. O'Connell said upon that occasion to the best of my ability; I took my notes in short-hand; I have both the transcript and the original notes here (a large parcel which lay before the clerk of the crown was here opened, and several neatly bound books were taken out, one of which was handed to the witness.

The Soliciter-General then desired the witness to read to the jury what Mr. O'Connell said, which he proceeded to do. When he came to a particular passage the Chief-Justice desired him to read it over again, which he did as follows; "I admit that the Union has the force of law, because it is supported by the policeman's truncheon, the soldier's bayonet, and the horseman's sword; but it is not supported by constitutional law."

Chief-Justice-What is the number of that paper or page from which you are reading? Page five, my lord, from No. 1, book. The witness continued to read Mr. O'Connell's speech on taking the chair. When the witness read as far as the passage, "and take it then from me that the Union is void."

The Solicitor General said if the traversers wished they might examine him as to the other portions of the speech.