Gentlemen of the jury, I have said enough to convince any twelve
reasonable men that there was nothing in my conduct in the matter of
that procession which you can declare on your oaths to be "malicious,
seditious, ill-disposed, and intended to disturb the peace and
tranquility of the realm." I shall trouble you no further, except by
asking you to listen to the summing up of this indictment, and, while
you listen to judge between me and the attorney-general. I shall read
you my words and his comment. Judge of us, Irish jurors, which of us
two are guilty:--"Let us, therefore, conclude this proceeding by
joining heartily, with hats off, in the prayer of those three men,
'God save Ireland.'" "Thereby," says the attorney-general in his
indictment, "meaning, and intending to excite hatred, dislike, and
animosity against her Majesty and the government, and bring into
contempt the administration of justice and the laws of this realm,
and cause strife and hatred between her Majesty's subjects in Ireland
and in England, and to excite discontent and disaffection against her
Majesty's government." Gentlemen, I have now done.
Mr. Martin sat down amidst loud and prolonged applause.
This splendid argument, close, searching, irresistible, gave the _coup
de grace_ to the crown case. The prisoners having called no evidence,
according to honourable custom having almost the force of law, the
prosecution was disentitled to any rejoinder. Nevertheless, the crown
put up its ablest speaker--a man far surpassing in attainments as a
lawyer and an orator both the Attorney and Solicitor-General--Mr. Ball,
Q.C., to press against the accused that technical right which honourable
usage reprehended as unfair! No doubt the crown authorities felt it was
not a moment in which they could afford to be squeamish or scrupulous.
The speeches of Mr. Sullivan and Mr. Martin had had a visible effect
upon the jury--had, in fact, made shreds of the crown case; and so Mr.
Ball was put up as the last hope of averting the "disaster" of a
failure. He spoke with his accustomed ability and dignity, and made a
powerful appeal in behalf of the crown. Then Mr. Justice Fitzgerald
proceeded to charge the jury, which he did in his own peculiarly calm,
precise, and perspicuous style. At the outset, referring to the protest
of the accused against the conduct of the crown in the jury challenges,
he administered a keen reb
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