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,[A] 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
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