OCR Source

IRELAND.
IRISH CONFEDERATION.
On Tuesday a meeting of the members of this body was held at three o’clock, in Mr. Ennis’s great yard, Crane-street, to express their disapproval of the unconstitutional and despotic practice of jury-packing for the purpose of securing the conviction of political offenders in this country. The yard, which is capable of accommodating 3000 persons, was densely crowded in every part. In addition to the Confederate leaders, Messrs. W. S. O’Brien, Meagher, J. Martin, O’Gorman, &c., the platform was occupied by many members of Conciliation-hall, including Dr. Grey, Mr. J. H. Dunne, &c. Mr. J. B. Dillon, barrister, was in the chair. The Chairman stated the object of the meeting. They had assembled for the purpose of protesting against the “base, bloody, and brutal practice of jury packing. There were two meanings attached to the mode of trial by in Ireland; the one was to view it in a theoretic sense, in which it meant a trial of a man by twelve men impartially selected from his fellow-citizens. But there was another sense in which it must be viewed, and that was the sense in which it had always been applied by_ the servants of British power against those who were guilty of the heinous crime of loving their country. (Cheers) In the latter sense it meant the selection of twelve of their bitterest enemies to try them. (Hisses) Now, they were the open and avowed enemies of the British power in that country. (Loud cheers.) They asked no favour from the agents of that power. (Cheers) The Government officials had a right to make use of all bold and open measures against them, however unconstitutional they might be; but they (the Confederates) had a right that they should not be stabbed in the dark. (Cheers) They were prepared for the flash of the sabre, but they were not prepared against the dagger of the assassin. The speaker concluded by alluding to Mr John Mitchell, calling on them to recollect that, however they might differ from him in some respects, he was still a prisoner for Ireland. (Cheers.) He only demanded that his Jury should not be packed, and that he should be shown fair play (Cheers)
Mr. O’Gorman, junior, proposed the following resolution—“That while we are willing to identify this Confederation with all the opinions of Mr John Mitchell, we recognise in him the fearless and devoted fellow soldier in the war which we are now waging against English oppression. That as such we demand for him a fair trial before a fairly selected jury; and if that demand be not complied with, and he be convicted by a jury selected for that purpose, we pledge ourselves to use all the means inconsistent with morality, to bring to punishment all the parties connected with the perpetration of so foul a wrong.” (Cheers.) Carried unanimously.
Mr. Meagher next delivered his sentiments. Alluding to the coming trial of Mr. Mitchell, he said, he did most fervently assign to that individual the merit of the distinct attitude which the people had lately assumed. He was the more willing to make this admission because there were some persons who believed that a rivalship existed between Mr. Mitchell and other members of the Irish Confederation. He would, however, at once accord to him the merit of having freed the soul of the Irish nation from all the doubts and prejudices which previously clung around it, and cramped its energies, and taught that newborn soul to spring up and behold only one way to liberty—that way in which other nations having marched had left in every instance a bright light in their track, tinged, no doubt, with a, few drops of blood, but yet a path in which even angels themselves would not blush to tread. (Applause) He would therefore proclaim Mr. Mitchell to be an imprisoned apostle of the Gospel; and he believed that, as his enthusiasm had descended from Heaven, so from the same source would descend into his prison a power that would burst its walls and restore him to his country. (Cheers.) If, however, it was not amongst the decrees of Heaven that some miraculous interference should take place in his behalf, still he believed that either there was no God in Heaven, or that justice would be done to him. (Cheers)
“ If you do but Wait the hour, There never yet was human power Which could evade, if unforgiven, The patient watch and vigils long Of him who treasures up a wrong.
(Loud cheers.) Mr. Meagher concluded by proposing a resolution against the practice of packing juries.
The motion was seconded and carried.
As the meeting was separating the Chairman stated that it was the desire of the Confederation that in case Mr. Mitchell was convicted there should be no riot or disturbance made by the Confederates.
REPEAL ASSOCIATION—The usual weekly meeting was held in Conciliation Hall, on Monday. Mr. Fitzgerald, the foreman on Mr. S. O’Brien’s jury took the chair. Mr. John O’Connell made his usual speech. The proceedings presented nothing of interest. Week’s rent, £25.
THE STATE TRIALS.—THE QUEEN v. MITCHELL.
On Saturday last, the usual Commission of Oyer and Terminer was opened in Dublin, before Judges Lefroy and Moore. The greatest excitement prevailed throughout the city, as it was understood that Mr. Mitchell’s trial would come on that day. At an early hour every passage leading to Green-street was thronged by persons pressing forward to Newgate. Little Britain-street, Halston-street, and the other outlets from the prison, were guarded by city police, and in front of the Court-house were stationed twenty mounted constabulary, and a large body of infantry, also belonging to the constabulary. These were flanked on either side by bodies of city police, and altogether the appearance of the streets was quite warlike. Large groups of people were collected at every corner, but everything was quiet.
Nothing of note, however, connected with the proceedings against Mr Mitchell took place until Monday, when the Grand Jury, before whom the bill of indictment had been sent, came into Court at one o’clock, and delivered a true bill against the traverser
Clerk of the Crown: For what offence fdo you find, gentlemen? – Foreman: For sedition.
Clerk of the Crown: Do you find a true bill for sedition only?—Foreman: We find for sedition, treason, felony, or whatever else it is.
Mr. Mitchell having been called to the bar, Sir Colman O’Loghlen applied to the Court that the traverser be allowed a copy of the indictment and copies of the jury panels of the last three or four commissions held in that Court.
The Attorney-General and Mr. Baldwin having been heard. in reply, the Court decided on refusing both applications.
Sir Colman O’Loghlen then demanded, as a matter of right, that the indictment be read slowly in open court, in order that the traversers should, by the aid of a, short-hand writer, be enabled to make a copy of it.
The Court having decided that the traverser was entitled to have the indictmMent read in open Court, the Clerk of the Crown proceeded to read the document, which occupied nearly an hour. Mr. Mitchell was then called on to plead o the indictment, and was about to do so, when Sir Colman O’Loghlen applied to the Court, as a matter of favour, to allow the traverser until the following (this) morning to plead, inasmuch as he intended to apply to the Court to quash the indictment altogether.



The Attorney-General having stated that he had no objection to the application of the traverser’s counsel, the Court appointed ten o’clock, Tuesday morning, or hearing the arguments of counsel.

Oh Tuesday, at the sitting of the Court, Sir Colman O'Loghlen, on the part of the prisoner, moved to quash the indictment; but the Court, without hearing the Attorney-General on the other side, refused the motion.

Sir Colman O’Loghlen then applied for liberty to demur to the indictment and plead over the felony.

The Court decided that if the demurrer were to be argued, judgement of either guilty or not guilty should follow.

Sir Colman O’Loghlen asked for leave till Thursday morning to plead or demur.

The Attorney-General opposed the application.

Baron Lefroy suggested, that if the prisoner would now plead and be at liberty to withdraw that plea and demur on the general ground, he thought there could be no objection on either side.

Counsel on both sides having assented, the Clerk of the Crown called upon Mr. Mitchell, saying:- “You have heard the indictment read, what say you, guilty or not guilty?”

Mr. Mitchell.- Not guilty.

The Court then decided that the traverser should have until 4 o’clock to withdraw his plea or proceed with demurrer.

At four o’clock Sir Colman O’Loghlen requested on the part of the prisoner that the plea of not guilty should not stand.

It was decided then that the trial should take place on Thursday morning.

Holmes, as counsel for Mr. Mitchell, to postpone this trial, on the ground of the absence of a most material witness for the defence.

He stated it was also his client’s intention to move by counsel to quash the array in consequence of information he had received, to the effect that the panel was prepared partially and to the prejudice of Mr. Mitchell. In order to support this application, he said it would be necessary to examine a large number of witnesses, and amongst others Mr. S. Monahan, whose evidence was most important and indispensable.