"You have most of you, no doubt, heard, on various occasions,
from different learned judges seated on that bench, that a crown
approver's evidence is to be taken with the greatest caution, and
only to be believed in detail, when corroborated by other evidence or
by circumstances. Now this man, Brady, on whose sole evidence you are
desired to convict the prisoner, has shown himself an approver of
the very worst description. You are aware that he was the prisoner's
servant; that he is now Mr. Keegan's; that there has been long enmity
between these men; that the former has been an oppressed debtor--the
latter a most oppressive creditor. Mr. Keegan's spirit towards the
prisoner's family you may learn from the scandalous and unwarrantable
language which has been proved to you to have been used by him
towards them. Mr. Keegan's acerbity has been increased by the
mutilation he has undergone, and which he conceives he owes to his
interference with the Ballycloran property. This man and the witness
Brady have, as you have heard, constantly been talking over this
trial, and the attorney, it seems, has repeatedly expressed to his
servant his ardent wish that the prisoner might be hung. This is his
expressed eager desire; and then this new servant, but long-used spy,
comes forward boldly to swear away the prisoner's life! Why it would
be ridiculing you to suppose you could believe him. Then look at the
man's character. He was a constant attendant at that scene of villany
into which he vainly endeavoured to seduce the prisoner at Mrs.
Mulready's. It is plain enough that Ussher's death was a constant
theme of discourse at that haunt; it is plain enough that a project
did exist there to accomplish his murder; and is it not plain enough
that this man was one of the conspirators--one of the murderers?
Would he have been admitted to their counsels--to their dangerous
secrets--unless he had been an active participator in their plans?
Would they have taken in his presence a solemn oath to put this
unfortunate Revenue officer under the sod, unless he had joined in
that oath? Of course they would not! And this is the man whom they
expect you to believe with such confidence, that on his unsupported
evidence you should condemn the prisoner! What I have said to you
respecting this respectable witness, and his not less respectable
master, will perhaps be made somewhat plainer to you when you shall
have heard the evidence which I hope to extract from the latter. Now,
as to the meeting at Mrs. Mehan's, even were you to believe Brady, I
maintain that nothing whatever has been proved against the prisoner.
Brady states that at Mrs. Mulready's certain men swore together that
at a certain period Captain Ussher should be under the sod. This
phrase brings to the mind of every one the conviction that they meant
to express murder. The man could not be under the sod unless he were
dead.
Public-domain text, read in full here on John Shaqi.
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