Domestic fiction; Ireland -- Fiction; Land tenure -- Fiction; Landlord and tenant -- Fiction; Landowners -- Fiction
Sheil’s speech was one of those numerous anomalies with which this
singular trial was crowded; and which, together, showed the great
difficulty of coming to a legal decision on a political question, in a
criminal court. Of this, the present day gave two specimens, which will
not be forgotten; when a Privy Councillor, a member of a former
government, whilst defending his client as a barrister, proposed in
Court a new form of legislation for Ireland, equally distant from that
adopted by Government, and that sought to be established by him whom he
was defending; and when the traverser on his trial rejected the defence
of his counsel, and declared aloud in Court, that he would not, by his
silence, appear to agree in the suggestions then made.
This spirit of turning the Court into a political debating arena
extended to all present. In spite of the vast efforts made by them all,
only one of the barristers employed has added much to his legal
reputation by the occasion. Imputations were made, such as I presume
were never before uttered by one lawyer against another in a court of
law. An Attorney-General sent a challenge from his very seat of office;
and though that challenge was read in Court, it was passed over by four
judges with hardly a reprimand. If any seditious speech was ever made
by O’Connell, that which he made in his defence was especially so, and
he was, without check, allowed to use his position as a traverser at
the bar, as a rostrum from which to fulminate more thoroughly and
publicly than ever, those doctrines for uttering which he was then
being tried; and, to crown it all, even the silent dignity of the bench
was forgotten, and the lawyers pleading against the Crown were
unhappily alluded to by the Chief Justice as the “gentlemen on the
_other_ side.”
Martin and John patiently and enduringly remained standing the whole
day, till four o’clock; and then the latter had to effect his escape,
in order to keep an appointment which he had made to meet Lord
Ballindine.
As they walked along the quays they both discussed the proceedings of
the day, and both expressed themselves positively certain of the result
of the trial, and of the complete triumph of O’Connell and his party.
To these pleasant certainties Martin added his conviction, that Repeal
must soon follow so decided a victory, and that the hopes of Ireland
would be realised before the close of 1844. John was neither so
sanguine nor so enthusiastic; it was the battle, rather than the thing
battled for, that was dear to him; the strife, rather than the result.
He felt that it would be dull times in Dublin, when they should have no
usurping Government to abuse, no Saxon Parliament to upbraid, no
English laws to ridicule, and no Established Church to curse.
Public-domain text, read in full here on John Shaqi.
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