Chapter 5

Now we, the Lord Lieutenant and General Governor of Ireland, by and with the advice of her Majesty's Privy Council in Ireland, being satisfied that such meetings and processions as aforesaid can only tend to serve the ends of factious, seditions, and traitorous persons, and to the violation of the public peace, do hereby caution and forewarn all persons whomsoever that they do abstain from assembling at any such meeting, and from joining or taking part in any such procession.

And we do hereby order and enjoin all magistrates and officers entrusted with the preservation of the public peace, and others whom it may concern, to aid and assist the execution of the law, in preventing the said intended meeting and procession, and in the effectual suppression of the same.

Given at the Council Chamber in Dublin, this Twelfth day of December, 1807.

RICHARD C. DUBLIN. A. BREWSTER, C. MAYO. STRATHNAIRN. FRED. SHAW. R. KEATINGE. WILLIAM KEOGH. JOHN E. WALSH. HEDGES EYRE CHATTERTON. ROBERT R. WARREN.

Everybody knew what this proclamation meant. It plainly enough announced that not only would the further demonstrations be prevented, but that the Dublin processionists were to feel "the vengeance of the law"--that is the vengeance of the Manchester executioners. Next day the city was beset with the wildest rumours as to the arrests to be made or the prosecutions to be commenced. Everyone seemed to conclude of course that Mr. John Martin, Mr. A.M. Sullivan, and the Honorary Secretaries of the Procession Committee, were on the crown prosecutor's list; but besides these the names of dozens of gentlemen who had been on the committee, or who had acted as stewards, marshals, &c., at the funeral, were likewise mentioned. On Saturday it became known that late on the previous evening crown summonses had been served on Mr. J.J. Lalor, Dr. J.C. Waters, and Mr. James Scanlan, requiring them to attend on the following Tuesday at the Head Police Office to answer informations sworn against them for taking part in an "illegal procession" and a "seditious assembly." A summons had been taken out also against Mr. Martin; but as he had left Dublin for home on Friday, the police officers proceeded after him to Kilbroney, and "served" him there on Saturday evening.

Beside and behind this open move was a secret castle plot so utterly disreputable that, as we shall see, the Attorney-General, startled by the shout of universal execration which it elicited, sent his official representative into public court to repudiate it as far as _he_ was concerned, and to offer a public apology to the gentlemen aggrieved by it. The history of that scandalous proceeding will appear in what follows.

On Monday, 16th December, 1867, the Head Police Office, Exchange-court, Dublin, presented an excited scene. The daily papers of the day report the proceedings as follows:--

At one o'clock, the hour appointed by the summons, the defendants attended in court, accompanied by their professional advisers and a number of friends, including Alderman Plunkett, Mr. Butler, T.C.; the Rev. P. Langan, P.P., Ardcath; A.M. Sullivan, T.C.; T.D. Sullivan, J.J. Lalor, &c. Mr. Dix and Mr. Allen, divisional magistrates, presided. Mr. James Murphy, Q.C., instructed by Mr. Anderson, represented the crown. Mr. Heron, Q.C., and Mr. Molloy appeared for J.J. Lalor. Mr. Crean appeared for Dr. Waters. Mr. Scallan appeared as solicitor for J.J. Lalor and for Dr. Waters.

It was generally understood, on arrival at the Head-office, that the cases would be heard in the usual court up stairs, and, accordingly, the defendants and the professional gentlemen waited in the court for a considerable time after one o'clock. It was then stated that the magistrates would sit in another court down stairs, and all the parties moved towards the door for the purpose of going there. Then another arrangement was made, that the change would not take place, and the parties concerned thereupon returned to their places. But in a few minutes it was again announced that the proceedings would be in the court down stairs. A general movement was made again by defendants, by counsel, by solicitors, and others towards that court, but on arriving at the entrances they were guarded by detectives and police. The benches, which ought to have been reserved for the bar and solicitors, and also for the press, were occupied by detectives, and for a considerable time great difficulty was experienced in getting places.

Mr. George M'Dermott, barrister, applied to the magistrates to assign a place for the members of the bar.

Mr. Dix--I don't know that the bar, unless they are engaged in the cases, have any greater privilege than anyone else. We have a wretched court here.

Mr. M'Dermott said the bar was entitled to have room made for them when it could be done.

Mr. W.L. Hackett--All the seats should not be occupied by policemen to the exclusion of the bar.

Mr. Scallan, solicitor, who spoke from the end of the table, said--Your worships, I am solicitor for one of the traversers, and I cannot get near my counsel to communicate with him. The court is filled with detectives.

Mr. Molloy--My solicitor has a right to be here; I want my solicitor to be near me.

Mr. Dix--Certainly; how can men defend their clients if they are inconvenienced.

An appeal was then made to the detectives who occupied the side bar behind the counsel to make way.

Mr. Murphy, Q.C., said one was a policeman who was summoned. Mr. Dix--The police have no right to take seats.

The detectives then yielded, and the professional gentlemen and the reporters were accommodated.

Mr. Dix then called the cases.

Mr. Molloy--I appear with Mr. Heron, Q.C., on behalf of J.J. Lalor.

Mr. Crean--I appear for Dr. Waters.

Mr. John Martin--I appear on behalf of myself.

Mr. Crean--I understand there is an impression that Dr. Waters has been summoned, but he has not.

Mr. Dix--If he appears that cures any defect.

Mr. Crean--I appear on his behalf, but I believe his personal attendance is necessary.

Mr. Dix--Does anyone appear for Mr. Scanlan?

There was no answer.

Mr. Murphy, Q.C.--I ask whether Dr. Waters and Mr. Lalor appear in court.

Mr. Molloy--My client Mr. Lalor, is in court.

Mr. Crean--I believe my client is not in court.

Mr. Murphy, Q.C.--I will prove the service of the summons against Dr. Waters. If there is any defect in the summons it can be remedied. I will not proceed against any person who does not appear.

Mr. Dix--Am I to take it there is no appearance for Dr. Waters or Mr. Scanlan?

Mr. Crean--I appear for Dr. Waters. I believe he is not in court. It was stated in the newspapers that he was summoned, but I am instructed he has not been summoned at all.

Mr. Murphy, Q.C., then proceeded in a careful and precise address to state the case for the crown. When he had concluded, and was about calling evidence, the following singular episode took place:--

Mr. Dix--You only proceed against two parties?

Mr. Murphy--I shall only proceed against the parties who attend--against those who do not attend I shall not give evidence.

Mr. John Martin--If I am in order I would say, to save the time of the court and to save the public money, that I would be very glad to offer every facility to the crown. I believe, Sir, you (to Mr. Murphy) are the crown?

Mr. Murphy--I represent the crown.

Mr. Martin--I will offer every facility to the crown for establishing the facts both as to my conduct and my words.

Mr. A.M. Sullivan--I also will help you to put up some one, as you seem scarce of the accused. I have been summoned myself--

Mr. Dix--Who are you?

Mr. Sullivan--My name is Alexander M. Sullivan, and, meaning no disrespect to either of the magistrates, I publicly refuse even to be sworn. I was present at the funeral procession--I participated in it openly, deliberately, heartily--and I denounce as a personal and public outrage the endeavour to degrade the national press of this country by attempting to place in the light of--

Mr. Dix--I cannot allow this. This is not a place for making speeches. I understand you are not summoned here at all.

Mr. Murphy--He is only summoned as a witness.

Mr. Dix--When you (to Mr. Sullivan) are called on will be the time to hear you, not now.

Mr. Sullivan--I ask your worship, with your usual courtesy, to hear me while I complain publicly of endeavouring to place the editor of a national journal on the list of crown witnesses in this court as a public and personal indignity--and as an endeavour to destroy the influence of that national press, whose power they feel and fear, but which they dare not prosecute. I personally complain--

Mr. Murphy--I don't know that this should be permitted.

Mr. Sullivan--Don't interrupt me for a moment.

Mr. Dix--Mr. Sullivan wants to have himself included in the summons and charge.

Mr. Murphy--That cannot be done at present.

Mr. Sullivan--With one sentence I will conclude.

Mr. Murphy--I don't intend to have you called as a witness--

Mr. Sullivan--It is an endeavour to accomplish my imprisonment for contempt, when the government "willing to wound, afraid to strike," know that they dare not accuse me as a Fenian--

Mr. Dix--You are not here as a Fenian.

Mr. Sullivan--For a moment. Knowing well, your worship, that they could not get in all Ireland a jury to convict me, to secure my imprisonment openly and fairly, they do this. I now declare that I participated in that funeral, and I defy those who were guilty of such cowardice as to subpoena me as a crown witness (applause).

Mr. Crean--I perceive that my client, Dr. C. Waters, is now in court. In order to facilitate business, I shall offer no further objection; but, as a matter of fact, he was not summoned.

Then the case proceeded, the police giving their evidence on the whole very fairly, and testifying that the procession was one of the most peaceable, orderly, solemn, and impressive public demonstrations ever seen in Dublin. Against Mr. Martin it was testified that he marched at the head of the procession arm-in-arm with Mr. A.M. Sullivan and another gentleman; and that he delivered the memorable speech at the cemetery gate. Against Dr. Waters and Mr. Lalor it was advanced that they were honorary secretaries of the funeral committee, and had moreover acted, the former as a marshal, the latter as a steward in the procession. It was found, however, that the case could not be closed that day; and accordingly, late in the evening, the magistrates intimated that they would adjourn over to next morning. Suddenly from the body of the court is heard a stentorian voice:--

Mr. Bracken--I am summoned here as a crown witness. My name is Thomas Bracken. I went, heart and soul into that procession (applause)--

Mr. Anderson, junior--I don't know this gentleman.

Mr. Bracken--I am very proud that neither you nor any one like you knows me (applause).

Mr. Dix--I cannot hear you.

Mr. Bracken--I have been brought here as a crown witness away from my business, and losing my time here.

Mr. Donal Sullivan--I am another, and I avow myself in the same way.

Several voices--"So am I."

Mr. Bracken--I want to know why I should be taken from my business, by which I have to support my family, and put me before the eyes of my countrymen as a crown witness (applause)? I went heart and soul into the procession, and I am ready to do the same to-morrow, and abide by the consequences (applause). It is curious that the government should point me out as a crown witness.

Mr. Murphy--I ask for an adjournment till to-morrow.

Mr. Dix--It is more convenient to adjourn now.

Mr. Martin--I don't want to make any insinuations against the gentlemen who represent the crown, nor against the police, but I mention the fact, in order that they may relieve themselves from the odium which would attach to them if they cannot explain it. This morning a paragraph appears in one of the principal Dublin daily papers, the _Irish Times_, in which it is said that I, John Martin, have absconded; I must presume that the information was supplied to that paper either by the crown representatives or by the police.

Mr. Murphy, Q.C.--It is right to state, so far as I am informed, that an endeavour was made to serve Mr. Martin in Dublin. When the summonses were issued he was not in Dublin, but had gone down to the country, either to his own or the house of his brother, or--

Mr. Ross Todd, who sat beside Mr. Martin, here jumped up and said, "To his own house, sir, to his own house"--

Mr. Murphy--Very well. A constable was sent down there, and saw Mr. Martin, and he reported that Mr. Martin said he would attend forthwith.

Mr. Dix--And he has done so?

Mr. Murphy--I have no other knowledge. It was briefed to me that Mr. Martin said he would attend forthwith.

Mr. Martin--I am glad I have given the representatives of the crown an opportunity of making that statement. But I cannot understand how, when the representatives of the crown had the information, and when I told the constables I would attend--as I have done at great inconvenience and expense to myself--I cannot understand how a newspaper should come to say I had absconded.

Mr. Murphy--I cannot understand it either; I can only tell the facts within my own knowledge.

Mr. Molloy said it seemed very extraordinary that witnesses should be summoned, and the crown say they were not.

Mr. Sullivan wished his summons to be examined. Did the magistrates sign it?

Mr. Dix--Unless I saw the original I could not say.

Mr. J.J. Lalor--Sir John Gray has been summoned as a witness, too. It is monstrous.

Sir John Gray, M.P.--I wish to state to your worship the unpleasant circumstances under which I find myself placed. At an advanced hour on Saturday I learned that the crown intended to summon as witnesses for the prosecution some of the gentlemen connected with my establishment. I immediately communicated with the crown prosecutor, and said it was unfair towards these gentlemen to have them placed in such an odious position, and that their refusal to act as crown witnesses might subject them to serious personal consequences; I said it would not be right of me to allow any of the gentlemen of my establishment to subject themselves to the consequences of such refusal, as I knew well they would all refuse. I suggested, if any unpleasant consequences should follow, they should fall on the head of the establishment alone (applause). I said "summon me, and deal with me." I am here now, sir, to show my respect for you personally and for this court; but I wish to state most distinctly that I will never consent to be examined as a crown witness (applause).

Mr. Anderson, jun., here interposed.

Sir John Gray--I beg your pardon. I am addressing the bench, and I hope I won't be interrupted. Some of my family are going to-night to England to spend the Christmas with my son. I intend to escort them. I will not be here to-morrow. I wish distinctly to state so. If I were here, my respect for you and the bench, would induce me to be present, but I would be present only to declare what I have already stated, that I would not consent to be sworn or to give any evidence whatever in this prosecution. I think it right to add that I attach no blame whatever to the police authorities in this transaction. They have, I am sure, performed their duty in this case with that propriety which has always characterised their conduct. Neither do I attach any blame to the crown prosecutor. I simply desire to state, with the most profound respect for the bench and the court, that I will not be a witness (loud applause).

Mr. Anderson--We don't intend to examine Sir John Gray, but I wish to say that if the police believed any one could give important evidence, it is a new proposition to me that it is an indignity upon a man to summon him as a crown witness--

Mr. A.M. Sullivan--I say it is an indignity, and that the crown solicitor should not seek to shift the responsibility on the police, who only do what they are told.

Mr. Anderson--I am not trying to shift anything.

Mr. Sullivan--You are. You are trying to shift the responsibility of having committed a gross indignity upon a member of parliament, upon myself, and upon many honest men here.

Several persons holding up summonses said "hear, hear," and "yes."

Mr. Sullivan--This I charge to have been done by Mr. Anderson as his base revenge upon honest men who bade him defiance. Mr. Anderson must answer for this conduct. It is a vile conspiracy--a plot against honest men, who here now to his face tell him they scorn and defy him (applause).

Mr. Dix--I adjourn the case till one o'clock to-morrow.

The proceedings were then adjourned.

So far have we quoted from the _Freeman's Journal_. Of the closing scene _Saunders's News-Letter_, grieving sorely over such a fiasco, gives the following account:--

The adjournment of the court was attended with a scene of tumult and disorder that was rarely, or never, witnessed in a police court, in presence of the magistrates and a large number of police--both inspectors and detectives. The crowd of unwilling witnesses who had been summoned to give evidence against the defendants, clamorously protested against being brought there as crown witnesses, avowed that they were present taking part in the procession, and loudly declared that they would not attend at any subsequent hearing of the case. The latter part of the case indeed was marked with frequent interruptions and declarations of a similar kind, often very vociferously uttered. The proceedings terminated amid the greatest and unchecked disorder.

In plain words, "Scene I, Act I," in what was meant to be a most solemn, awe-inspiring government function, turned out an unmistakable farce, if not a disastrous break down. Even the government journals themselves, without waiting for "Scene II.," (though coming off immediately) raised a shout of condemnation of the discreditable bungle, and demanded that it should be forthwith abandoned. Considering the course ultimately taken by the government, these utterances of the government organs themselves, have a serious meaning and are of peculiar importance. The ultra-orange _Evening Mail_ (Tuesday, 17th December,) said:--

THE POLICE-COURT SCENE.

The scenes of yesterday in the Dublin police-court will cause an astonished public to put the question, is the government insane? They suppress the processions one day, and on the next proceed with deliberation to destroy all possible effect from such an act by inviting the magistrates' court to be used as a platform from whence a fresh roar of defiance may be uttered. The originators of the seditious demonstrations are charged with having brought the government of the kingdom into hatred and contempt; but what step taken, or word spoken or written, from the date of the first procession to the last, brought the government into anything like the "contempt" into which it plunged itself yesterday? The prosecutions now instituted are in themselves an act of utter weakness. We so declared when we imagined that they would be at least rationally conducted; but what is to be said now? It is literally impossible to give any sane explanation of the course taken in summoning as a crown witness one who must have been known to be prepared to boast of his participation in the procession. Mr. Sullivan boldly bearded the prosecutors of his brethren. It was a splendid opportunity for him. "I was present (he said) at that funeral procession. I participated in it, deliberately and heartily. I call this a personal and public outrage, to endeavour to drag the national press of this country--". Timid and ineffectual attempts were made by the magistrate to protect his court and position from insult, but Mr. Sullivan had the field, and would hold it. "He might help the crown to put some one else up," he said, "as they are scarce, perhaps, in accused." The summoning of him was, he resumed, an "attempt to destroy the national press, whose power the crown feels and fears, but which they dare not prosecute." Mr. Sullivan was suffered to describe the conduct of the crown prosecutors at another stage as an "infamous plot." The government desired "to accomplish his imprisonment; they were willing to wound but afraid to strike." "They knew (he added) that they would not get a jury in all Ireland to agree to convict me; and I now characterise the conduct of the crown as base and cowardly." Another witness, in a halting way, entered a like protest against being supposed to have sympathy with the crown in the case; and the net result was a very remarkable triumph for what Mr. Sullivan calls the "national press"--a title wholly misapplied and grossly abused. Are we to have a succession of these "scenes in court?"

_Saunders's News-Letter_ of the same date dealt with the subject as follows:--