n here this day by that gifted young
advocate, the echoes of whose eloquence still resound in this court,
and place me at disadvantage in immediately following him. And
assuredly I design no disrespect to this court; either to tribunal in
the abstract, or to the individual judges who preside; from one of
whom I heard two days ago delivered in my own case a charge of which
I shall say--though followed by a verdict which already consigns me
to a prison--that it was, judging it as a whole, the fairest, the
clearest, the most just and impartial ever given to my knowledge, in
a political case of this kind in Ireland between the subject and the
crown. No; I stand here in my own defence to-day, because long since
I formed the opinion that, on many grounds, in such a prosecution as
this, such a course would be the most fair and most consistent for a
man like me. That resolution I was, for the sake of others, induced
to depart from on Saturday last, in the first prosecution against me.
When it came to be seen that I was the first to be tried out of two
journalists prosecuted, it was strongly urged on me that my course,
and the result of my trial, might largely affect the case of the
other journalist to be tried after, me; and that I ought to waive my
individual views and feelings, and have the utmost legal ability
brought to bear in behalf of the case of the national press at the
first point of conflict. I did so. I was defended by a bar not to be
surpassed in the kingdom for ability and earnest zeal; yet the result
was what I anticipated. For I knew, as I had held all along, that in
a case like this, where law and fact are left to the jury, legal
ability is of no avail if the crown comes in with its arbitrary power
of moulding the jury. In that case, as in this one, I openly,
publicly, and distinctly announced that I for my part would challenge
no one, whether with cause or without cause. Yet the crown--in the
face of this fact--and in a case where they knew that at least the
accused had no like power of peremptory challenge--did not venture to
meet me on equal footing; did not venture to abstain from their
practice of absolute challenge; in fine, did not dare to trust their
case to twelve men "indifferently chosen," as the constitution
supposes a jury to be. Now, gentlemen, before I enter further upon
this jury question, let