ing on his hat and cloak, he sallied forth upon an ex- edition, of the last importance to his plans. F = ~ a“ *

x

-

It was drawing towards evening, upon the same day,|

THE EXAMINER.

3ll

avows boldly—and although the government of this

him, Gentlemen, having thus said a word respecting

the principles he avows—and, no doubt, which hejof the article which declares—‘that from the Ist of

January, 1801, the kingdom of Great Britain and Ire-

country may fear him or hate him, they cannot despise | land, shall be for ever united by the name of the United

‘Kingdom of Great Britain and Ireland, and that the

when a servant called at my lodgings with a note, and{the prisoner as to character, | shall now proceed with royal style and title appertaining to the imperial crown

gntup word that he waited for an answer. [| did not xjow the hand, but expecting an invitation, neverthe- oss, 1 broke the seal eagerly, and read the following— ‘avery different purport, as you may perceive :-—

* Kildare-street,

‘Captain Jennings presents his compliments to Mr. __—., and trusts that he will pardon the liberty which, yoder very peculiar circumstances, ne takes, in ventur- ing to entreat the favour of his (Mr.——W—’s) presence for a few moments upon a matter of the utmost impor- tance, aS respects an affair in which he has already evinced an interest. Captain Jennings has an engage- ment for this evening, but will be at home till seven o'clock ; and will esteem it a real obligation if Mr.——— will honour him witha call at any time before that hour.’

[instantly wrote a civil answer, complying with his request; and full of impatience for the result, I prepar- ed to follow the messenger without losing a moment.

My preparations were quickly made, and I was soon nthe street, and traversing the intervening space be- tween mine and Captain Jennings’ lodgings, at a rapid sce. AsI turned the cornor of Nassau-street, I met my friend——-—, a notorious gossip in his day. I per- ceived, by his at once taking my arm,and turning about with me, that he had a story to tell, and was ra- ther shocked at his opening sentence—

‘Well, what do you think of the affair in Stephen’s

his case. The Attorney-General has fairly stated the case on dehalf of the crown, and has read very fairly all

indicted ; and there is only a part, and one part only, of the Attorney-General’s statement to complain of, and that is the conclusion. I do not think he was warrant- ed in stating in this court what instructions he, or those connected with him, received from the Chief Governor of this country with respect to the striking of the jury ; [ think the crown should never know anything of stri- king juries—not a word—or give any instructions on the subject; for, ifthe crown can do it, with respect to give fair instructions, it—

The Attorney-General—What I said was, that the instructions I gave to the Crown Solicitor were as | stated.

Mr. Holmes—I may be mistaken, and would be very sorry to misinterpret any thing said; but I understood that you intimated your instructions from the Lord Lieutenant.

The Attorney-General—Most certainly not.

Mr. Holmes—Then [ am mistaken. ‘That is quite sufficient.

Baron Lefroy—If the Attorney-General’s statement, on this point, had not been made with a view to vindicate

‘of the United Kingdom, and all the armorial bearings, &c., shall be such as his Majesty, by his royal procie-

the publications respecting which Mr. Mitchel stands! mation, under the great seal, shall appoint.” Now I can

understand anything done to deprive the Queen of her title of sovereign of the United Kingdom; but, as [ said before, I cannot understand, depriving her ‘of the style, honor and royal name,’ as laid in this indictment. What the deprivation is | cannot comprehend, therefore I can- not understand this charge against the prisoner. What is the other charge? It is advising or intending to levy war against her Majesty, her heirs or successors, living in any part of the United Kingdom, by force or con- straint, to compel her to change her measures or coun- cils.’ What measures ? What councils? Is there the slightest evidence here as to what measures or councils these publications purported to change. Are you, gen- tlemen, asa jury,to grope in the dark? Are these pub- lications calculated to force the Queen to alter her measures with France or America, or any other country on the face of the earth ? What the measures are the prisoner wants to change I cannot understand ? What have been the measures of this session of parliament for the improvement of Ireland? The poor law. That is the only measure I know of, and has Mr. Mitchel endeavoured tochange it? Not in the least; therefore t

himself personally from charges made against him, I)ask my learned friend, the Attorney-General, or the would have felt it my duty to have interrupted him. It gentlemen who will follow me for the crown to tell you, was with that view alone that we allowed him to proceed.!on your oaths, what course or measure it is my client

seen ?—of course you have heard it all—about the Uhadleighs ; a shocking piece of business, upon my life ~adevilish fine girl, too—a great pity.’

J affected surprise, and asked the particulars.

‘Somewhere about twelve o’clock to-day, he said,

‘old Sir Arthur received an invitation--at least so I’m told, for | have not yet had time to sift the matter my- seli—an invitation for himself and Miss Chadleigh, they say, toold Lady ’s, down in what-d’ye call-it— that place in Kildare, you know;and they say—egad, lean searce help laughing though I’m devilish sorry toothey tell me her ladyship mentioned, by way of in- ducement, that young Lord Dungarret, an admirer, as it was thought, df Miss Chadleigh, was to be there; and this consideration determined the old boy to accept it, come what might, though his daughter had been ailing fora long time. And so he took his crutches, and hob- bled up to her room, where he had not been for a month before, to tell her—ha! ha!—-his sovereign will and pleasure ; but, egad, the old boy had his hobble for no- thing, for, rat me, the bird was flown, the cage was erapty ; the invalid had absconded, the fair lady had fled ; how, why, whither, or with whom, remains a profound secret.

‘And when did she go? { asked, anxious to ascertain|

how far the particulars were known.

‘Oh, last night, and it is supposed by the way,’ he replied ; ‘it was devilish well managed—a clever girl, sir--a deep scheme.’

Mr. Holmes-—Well, ny lords and gentlemen, [ may be mistaken in that, but there is yet something in the 'Attorney-General’s concluding statement I cannot be imistaken in, and -which I find fault with, There was, as you are aware, a challenge to the array in this case ‘on the part of the accused, in consequence of informa- ‘tion he had received to the effect, that those whose duty it was to empannel an impartial jury, had not in ail instances done so, particularly with respect to Roman Catholics. ‘I'hat issue was raised and questioned, and the triers found on their oaths that the papel was a fair and impartial one; but what doI find then? I find that of this fair and impartial jury-—found to be so by two respectable citizens—the crown strikes off no less than thirty men, eighteen of them Roman Catholies. There can be no doubt on that subject, therefore I will at once dismiss it. In this case, gentlemen, the prisoner, John Mitchel, stands charged with two distinct offences

those two distinct offences, the same identical evidence is given to support both, ‘The Attorney-General will be very well satisfied, no doubt, if you give your verdict on both or either charges, or for anything, like the fore- ‘man of the grand jury who found the bills. The fore- man of the grand jury, gentlemen, having been asked, if the jury had found bills against the prisoner ? replied —‘oh, yes, we find him guilty of sedition.’ ‘Gentle- men,’ said the officer of the court, ‘he is not indicted for sedition..—‘ Well,’ said the foreman, ‘we find him gulty of treason.’ ‘ But, gentlemen,’ again interrupted

has endeavoured, ‘ by advising the levy of war,’ to force the Queen to change. I would be glad to hear, even now, if the Attorney-General would condescend to in- form me. [have no objection to let him mend his speech, if by doing so, he can tell you any measure or council Mr. Mitchel endeavoured to compel her Majesty to change by trying to levy war. Gentleman, this is a criminal case, and it is incumbent on those who make the charge to prove itis as clear as light—to provea specific offence under the statute. The crown, | admit, have done all they could—they have followed the act of parliament, but they have not proved that Mr. Mitchel ‘has tried to ievy war against the Queen, ‘to compel her by constraint to change her measures or councils.’ [ put it to your lordships that, under this act, unless the crown prove a specific measure or council that the prisoner wanted to have changed by these publications, he is entitled to an acquittal ; and, therefore, I apply

'--and it is somewhat remarkable that, in support of myself further to the case—I wish to have your lord-

ships’ opinion on the subject as to what is to be left to the jury. If your lordships do not wish to interfere at this stage of the trial, I will, of course, proceed.

Baron Lefroy--Whatever the charge is appears on the record, and the court will refer to it. | Mr. Holmes, in continuation, proceeded to observe— Will the learned gentleman tell the jury what measures, ‘what councils are those laid in this act of parliament ‘which Mr.Mitchel has conspired against,and upon which, ‘ifyou convict him, he will be transported for life ? Will he leave the jury in a state of uncertainty? and, if he

‘Do they suspect the purpose or the companion of tie “officer, «the charge against Mr. Mitchel is for|does not think otherwise, it will be my duty to go fully her flight ? I inquired. felony.” * Oh! no maiter,’ said the foreman, ‘ sedition, into the case. It is not my duty here to tell you, gen-

‘The purpose!—pooh, pooh! that’ts plain enough; I treason, or felony, it is all the same to us;’ and so with! tlemen of the jury—and, if [ did, you would not believe have not heard yet who was the gallant gay———but I the Attorney-General, if you convict the prisoner, that|—me, that there are very strong expressions used by my forgot to tell you, by-the-by, the old fellow—old Sir is all that he wants. Gentlemen, as the court will tell ciient in those publications. There are, and he avows Arthur—put himself in sucha devil ofa frenzy, when you, the question in this case is not whether Mr. Mit- them, and many of those expressions I also avow; and he found it out, that he got a sort ofa fit—a devilish'che] may have committed in these publications other I want to try this case of felony between the crown and bad fit, 1 am told. Poor old fellow! he is a deuced offences, if you think him guilty of high treason, you the accused, which I cannot do without calling your at- deal too purple and bull-necked to stand excitement.’ ought not to find himso, for you must believe him guilty tention to something of the history and the present state | should not be a bit surprised if he’s done for—regularly of one or both of the charges made against him, to find | of Ireland, and with that view [ tell you, in the first done for. There goes Dr. Robertson’s carriage—egad, |a verdict of acquittal. The first charge is ‘ that he com- instance, that Ireland is an enslaved country. A great direct to Stephen’s-green too ; I venture an even guinea, passed, imagined, invented, devised, or intended to de-,mistake is entertained by many persons to the effect he’s going straight to shave, and blister old Chadleigh. privye, or depose, our most gracious Sovereign the Queen that there cannot be slavery—that no man can bea You know he’s their family physician; a great oddity, from the style, honor, or royal name of the imperial slave unless he be in chains, or subject to the lash of a perfect character. I’m told Lady Chadleigh, poor'crown of the United Kingdom,’ and that this was evi-|the planter, like the negroes; but the slavery of which woman, used to say, whenever——by the way, it’s odd denced by overt acts of his, namely the publication of] speak is the slavery of the people, which consists in how things run in the blood—there’s Miss Chadleigh'the different articles in the newspapers that were read this, that they do not make their own laws themselves just taking after her mother, @ run-away already.’ for you. N ow, really, I may be very dull, but I do not —that they do not make the lews by which they are

Here he broke off, for, seeing a friend at the other’ rightly comprehend this part of the act of parliament, or governed, butthat those laws are made by others, and side of the street, he hastened across to tell the news the meaning of the words, ‘to depose the Queen from|I say it boldly, that a people so circumstanced are in a toa fresh listener, and leaving me opportunely enough, |the style, honor, or royal name of the imperial crown of state of slavery. for we had jnst reached the corner of Kildare-street, andthe United Kingdom’ I can understapd deposing the} Baron Lefroy said the court weré very reluctant to ir- for many reasons, [ had no wish that he should see me/Queen from the throne perfectly well. t cai understand terpose; but the course pursued by Mr. Holmes was enter Jennings’ lodgings. _ jan attempt made on the life of the Queen perfectly well, calculated to emburrass them in the situation they oc- em or expelling her from her dominions; but I do not, for cupied by introducing objectionable matter, to which

‘style, honor, or royal name of the imperial crown of the liable to the imputation of having approved of the line

pa MYPIBS AY) VANS. ithe life of me, know what it isto depose her ‘ from the|if the did not express their dissent, it might make theur

TRIAL OF JOHN MITCHEL. SPEECH OF MR. HOLMES.

‘United Kingdom? IfMr. Mitchel was indicted upon ‘another section of this statue jor ‘ intimidating both or jeither of the houses of parliament,’ I eould understand the evidence here as applicable perhaps, if it were alleged, and by so doing, he got them to pass an act to

The following is given in the Irish papers as a cor-|increase the Irish representatives from one to two hun- rect report of the speech delivered by the venerable dred, and I cannot understand this charge, for notwith- Holmes, in defence of Mr. John Mitchel on his trial for standing that he did so, the Crown would not be effect-

felony :-—

ed in the least ‘in the style, honor, or royal name of

Mr. Holmes rose to address the jury for the defence, the Imperial Crown ofthe United Kingdom ? she would at a quarter-past twelve o’clock. He said-—May it|0e stili as she is, and have the same title. — Iam not please your lordships, and gentlemen, I am counsel for! accusing the Attorney-General of a blunder in drawing the prisoner, John Mitchel; and I am well aware of the the indictment, for he kas followed the act, but we must important duty which devolves me this day, as counsel have acts of parliament that we can understand, and | for that gentleman, and also of my inadequacy to dis-|defy any man to understand what it is to deprive her charge that duty; but I feel pride at being selected on| Majesty of the style, honor, and royal name of the im- this occasion by Mr. Mitchel, because I believe in my perial crown of the United Kingdom. The importance heart that he isan honest man, sincerely attached tolof this consideration would appear from the first section

of argument advanced by Mr. Holmes,

Mr. Holmes—I am the last man to press upon the ‘court that which I had not a right to do; and I think it ‘imposible to do justice to my client without doing justice ‘to Ireland also. (Loud cheers.)

Baron Lefroy called upon the sheriffto give orders that persons who would again create disturbance in the court, should be taken into custody. The learned baron ‘commanded that the person would commit such a breacn of public decorum, should be instantly reported to the court, and it would be his duty to commit*him.

Mr. Holmes—The act of parliament under which Mr. Mitchel stood at the bar, does not prescribe one punish- ment—it might be for two years imprisonment, or seven years transportation, or transportation for life~and 11 there should be a verdict of conviction, it is not impor~ tant to show all the circumstances of the case, and th @ provocations under which my client has acted in those

Alien