Feb. 10,] 



THE NEWSPAPER. 



[1844. 



wood in the chair, at which resolutions condemning the 

 League, and adopting petitions to Parliament in favour of 

 Protection were unanimously carried. 



Winchester.— A large meeting of Agriculturists, prin- 

 cipally occupiers and tenant-farmers, was held in this city 

 on Monday, for the purpose of taking steps to support the 

 Agricultural interest at the present crisis. Nearly 2000 per- 

 sons were present, a large proportion of whom were owners 

 or occupiers of land. Among them were Sir W. Heathcote, 

 Bart., M.P. ; Mr. Compton, M.P. ; Henry Knight, Esq., 

 of Chawton Park ; Sir H. Tichbourne, Bart. ; Walter 

 Long, Esq. ; W. Antley Sclater, Esq., and a large body 

 of owners and occupiers of land. Mr. Stares, a tenant- 

 farmer, was called to the chair. Resolutions in favour of 

 Protection, and condemning the League, were unani- 

 mously carried, and a committee was appointed to carry 

 out the objects of the meeting. 



Railways.— The following are the returns for the past 

 week : — Birmingham and Derby, 1301/.; Birmingham 

 and Gloucester, 1650/. ; Eastern Counties, 3484/.; Edin- 

 burgh and Glasgow, 1,786/.; Great Western, ll,o98/. ; 

 Grand Junction, 69111. ; Glasgow, Paisley, and Ayr, 

 1136/. ; Great North of England, 1233/. ; London and 

 Birmingham, 13,622/. ; London and South Western, 

 4402/. ; London and Blackwall, 596/. ; London and Green- 

 wich, 704/. ; London and Brighton, 2793/.; London and 

 Croydon, 211/.; Liverpool and Manchester, 4004/.; 

 Manchester, Leeds, and Hull, associated, 5199/. ; Mid- 

 land Counties, 2248/. ; Manchester and Birmingham, 

 2801/. ; North Midland, 3900/.; Newcastle and Carlisle, 

 1311/. ; South-Eastern and Dover, 2253/. ; Sheffield and 

 Manchester, 466/.; York and North Midland, 1315/. — 

 The meeting of the Grand Junction company took place 

 at Liverpool last week. A dividend was declared at the 

 rate of 5/. per share, it being understood that these pay- 

 ments will in future be made quarterly and the warrants 

 delivered at the residences of the shareholders. The pro- 

 fits of the half-year according to the balance-sheet of the 

 directors was 127,176/., which with the addition of 616/., 

 the surplus of the half-year's working, makes a sum of 

 1-7,792/. for division. To pay the dividend of 5 percent., 

 however, it would take little more than 110,000/., but as 

 this was the most profitable half-year it was proposed that 

 the large balance should be carried over to equalise the 

 next half-yearly payment, and continue the rate at 10 

 per cent, in order to retain permanent and unfluctu- 

 ating the value of the stock in the market. The Lan- 

 caster aud Carlisle and Holyhead lines in connection 

 with this railway are receiving every attention at the hands 

 of the directors. — The Manchester, Bolton, and Bury 

 Company, at their meeting last week, announced a divi- 

 dend of 21. per share out of the joint profit of the rail and 

 the canal working in conjunction with it, and a respectable 

 surplus is left. The traffic of this line is expected to 

 increase under new arrangements made with the canal pro- 

 prietors. — The remaining portion of the South-Eastern 

 Railway, from Folkestone to Dover, was opened on Tues- 

 day. All the French authorities, mayors and corporations, 

 from Boulogne and Calais, had come over to honour the 

 ceremony by their presence, and were attended by a 

 French band belonging to the National Guard of Calais. 

 At four o'clock the special train, driven by the " Shake- 

 speare " engine, was put in movement from Folkestone, 

 bringing the directors and such visitors as had arrived 

 from town to witness the ceremony. Ten minutes sufficed 

 for the train to clear the road and tunnels under Shake- 

 speare's Cliff, and in issuing from the last archway it was 

 greeted by a salute of artillery, and the huzzas of a crowd of 

 English and French spectators. On the directors alighting 

 they were received by the Mayor and Town Council of Do- 

 ver, attended by the Prefects of Calais and Boulogne. An 

 English band played a national air, and was followed by the 

 French band striking up " God save the Queen." Such a 

 sight on Dover beach, with the Union-jack and tricolor 

 intermingling was calculated to belie every tale of inter- 

 national enmity. The Mayor of Dover, Mr. Clarke, then 

 delivered an address to the Directors of the Railway, after 

 which the procession went in order through the streets, 

 the French band and its colours leading the way, followed 

 by the Mayor, and the authorities of Dover, Calais, and 

 Boulogne. A dinner of 250 covers was afterwards given 

 by the town council in the theatre, at which all the 

 French visitors were present. The whole line from Lon- 

 don to Dover is now open to the public. The engineering 

 difficulties of this last portion of the line are of a stupend- 

 ous character, and though only seven miles in eitent, the 

 estimate for its execution amounted to one-fourth that of 

 the whole distance to London. The high chalk hills inter- 

 posed between Folkestone and Dover induced the 

 engineer, Mr. Cubitt, to carry the line along the sea-shore, 

 but even in doing this it has been necessary to make 

 many deep excavations and high embankments, and to 

 cut two tunnels, each of which is nearly a mile long. 



IRELAND. 



The State Prosecutions. — Sixteenth Day. — On 

 Thursday the Court of Queen's Bench was delayed for a 

 quarter of an hour by the absence of one of the jury. 

 During the interval, Mr. Henn, Q.C., on the part of the 

 traversers, stated that, as Hilary term had closed on the 

 previous day he did not think the Court competent to 

 proceed with this trial, and he therefore submitted very 

 respectfully that a note should he taken of his objection. 

 The Lord Chief Justice said — Certainly, the Court will 

 take a note of the objection. — Mr. Whiteside, Q.C., was 

 then heard on the part of Mr. Duffy. He commenced by 

 observing that the term " conspiracy "taken in its etymo- 

 logical sense did not imply anything criminal, and used 

 in reference to men seeking a repeal of the Union meant 

 no more than that, like members of other societies, merely 



of taste, or politics, or conviviality, they were of the same 

 sentiments and dispositions on a certain political subject. 

 In that there was nothing criminal. Their union was 

 formed for the purpose of giving greater effect to their 

 efforts. No great political changes can be expected to be 

 brought about, however beneficial they may be in them- 

 selves, without a due exercise of what is called the 

 " pressure from without." It should be recollected that 

 the overt acts set out in the indictment were not substan- 

 tial matters of charge, but evidence only of that " con- 

 spiracy " which was the gist of the crime. The traversers 

 were accused of conspiracy only — of conspiring to excite 

 discontent among her Majesty's subjects — hatred of the 

 laws — and to bring about changes in the constitution by 

 the display of great physical force, and so forth. The 

 Attorney-General, he admitted, had stated the case with 

 great moderation and temper, and the gentlemen engaged 

 for the Crown generally had conducted it with candour 

 and fairness. He agreed in the legal definition of con- 

 spiracy as given by the Attorney-General. It consisted 

 in designing either to do or to seek a legal thing by illegal 

 means, or an unlawful one by legitimate means. But he had 

 some exception to make to the cases cited by the Attorney- 

 General, and would show that they were susceptible of dis- 

 tinctions favourable to his views which it was important to 

 allude to. The Learned Gentleman then went through all 

 these cases addressing his argument of course much more to 

 the Learned Judges than to the Jury. The object of those 

 who sought merely a Repeal of the Union was he con- 

 tended a perfectly legitimate one. What were the means 

 used to attain it? The holding of great meetings was one 

 amongst others, and was that illegal ? If one or two 

 thousand persons would constitute a lawful meeting, what 

 were the precise number more that would make it unlaw- 

 ful ? Seventy thousand persons assembled at Hillsbo- 

 rough, and no question was ever raised as to the lawful- 

 ness of the assembly. Meetings would consist of a 

 greater or less number of persons, according to the im- 

 portance and extent of the object they had in view. The 

 Learned Gentleman then gave a sketch of several " mon- 

 ster meetings" which had been held in England of late 

 years, and which had never involved the persons who 

 joined them in the penalties of a State prosecution. He 

 referred in particular to the assemblage in London of 

 two hundred thousand persons in 1834, to present a peti- 

 tion to Lord Melbourne in favour of the Dorsetshire la- 

 bourers. On that occasion Dr. Wade arrayed in a clerical 

 dress — just as Mr. O'Connell went to Mullaghmast in his 

 alderman's gown — and an immense body of people 

 marched in procession through the streets, without expe- 

 riencing the slightest interruption or even remonstrance 

 from the authorities. Another great meeting was held at 

 Birmingham in 1831, before the passing of the Reform 

 Bill. Many of the concomitants of that meeting exceeded 

 all that was irregular or alarming in anything that had 

 been witnessed at any of the monster meetings held in 

 Ireland ; yet no prosecution was ever instituted against 

 its authors ; but the result which they looked for, 

 namely, Parliamentary Reform, was very soon after 

 attained. Another monster meeting was held in York- 

 shire in 1832, to express the opinions of the people 

 on the subjects of the Poor Law and Factory Bills, and 

 no prosecution followed. Lord Ashley's Ten-hours Bill 

 — a most beneficial measure — was the only consequence. 

 The Learned Gentleman then gave a minute description 

 of the great Hillsborough meeting held in the north of 

 Ireland in 1834, the object of which was to make a de- 

 monstration in favour of the Government in opposition 

 to the agitation of Repeal, and asked, was that to be de- 

 nied to the south of Ireland which was so easily and 

 kindly permitted to the north ? As to the order and 

 peacefulness with which the great Repeal meetings had 

 been conducted, there was no question raised on the sub- 

 ject — it was admitted on all sides. Yes, but it was insisted 

 that this was un-Irish,and therefore something peculiarly 

 dark, mysterious, and portentous. The Learned Gentle- 

 man treated this topic with great pleasantry. He after- 

 wards touched on various parts of the evidence adduced 

 for the Crown—and, amongst others, the devices and pic- 

 tures inscribed on the cards and diplomas made use of by 

 the Repeal Association, which he turned into ridicule 

 with the happiest play of wit. The hearing of the speech 

 occupied the entire day, and at length Mr. Whiteside sunk 

 back into his chair perfectly exhausted. Mr. Moore, Q.C., 

 called the attention of the Court to the fact that Mr. 

 Whiteside had not concluded his address, when the Chief 

 Justice, who, as well as the other Judges, had evidently 

 paid the utmost attention to his eloquent and argumenta- 

 tive speech, said they would not consider it concluded. 



Seventeenth Day.— On Friday Mr. Whiteside resumed 

 his speech, and appears to have sustained the high strain 

 of eloquence which so much interested and delighted his 

 auditory on Thursday. He commenced by adverting to 

 that charge in the indictment which imputed to the 

 traversers the design of bringing the courts of law into 

 disrepute, and establishing courts of their own in their 

 place. He maintained that the system which they en- 

 deavoured to found was purely one of arbitration, or a 

 settlement of disputes in a friendly way, without referring 

 them to the recognised tribunals. Was there anything 

 criminal in that? Why, Christianity commended it- 

 moralists approved of it— and the law itself lent it its 

 sanction. To prove the two first of these propositions 

 he quoted Paley and St Paul ; and for testimony to the 

 third, he cited several law authorities and Acts of Parlia- 

 ment. So much for the crime of not going to law, and 

 providing means for the people to make those amicable 

 settlements of their disputes which were sanctioned by 

 such high authority. The traversers were charged with 

 using too much freedom in commenting on a speech 



delivered by her Majesty in Parliament. But in tk 

 exercise of this liberty they were encouraged by usage a»H 

 principle ; by principle, for it was quite constitutional^ 

 consider a Royal speech as that of the Minister ; and h 

 usage, as precedents of such freedom without number we * 

 to be found on the subject. Again, it was imputed to ih 

 traversers as something sacrilegious that they contemplatJi 

 the repealing of an Act of Parliament which was declared 

 to be permanent, perpetual, and almost irrevocable 

 But there was no immortality in such matters. The W 

 of Union itself had repealed other Acts which wen» 

 in their time just as much pronounced to be u f or *n 

 generations." To say, therefore, now, that the Act of 

 Union was irreversible would be to cut away the verr 

 foundation on which it rested. It was curious that one 

 of the traversers had exposed himself to the attack of the 

 Attorney-General for asserting that Her Majesty could 

 issue writs to summon a Parliament in Ireland on her 

 own mere authority— for presuming to carry the power 

 of the Crown too far. But this prerogative was asserted 

 by most writers on the subject — by Mr. Chitty, among 

 others, and had never been taken away by any express 

 Act of Parliament. The Learned Gentleman next took 

 up the topic of the neglect of Government to take 

 exception to the conduct of the traversers in detail and 

 contrasted their quiet acquiescence in the meeting at 

 Donnybrook with their fiery declaration 'at the intended 

 assembling at Clontarf. He treated this point with great 

 vivacity, and produced general merriment by the manner 

 with which he satirised the indecision and vacuity of the 

 Government at one time, and their sudden vigour and 

 resolution beyond the occasion at another. His neit 

 topic was the seditious minstrelsy and inflammatory 

 writings of the Nation, which he justified by the pea. 

 sioned services of Mr. Thomas Moore — by the writings 

 of Taylor, Southey, and Sir Walter Scott himself. In 

 fine, he treated the prosecution as an infringement of the 

 right of free discussion, and wound up one of the most 

 splendid displays of forensic eloquence and learning ever 

 heard within the hall of the Four Courts of Dublin, by 

 an impassioned peroration, in which he dwelt on the 

 constitutional right of the people of Great Britain to 

 meet, discuss, and petition, and adjured the jury to pro- 

 tect that right against the encroachment of prerogative, 

 as the keystone of British liberty. The learned gentle- 

 man sat down amidst the expression of loud applause, 

 which the bench could not restrain, and shortly after left 

 the court, and returned home. On his way thither he 

 was loudly cheered whenever recognised. — The court ad- 

 journed for a short time at the conclusion of this speech, 

 and when it resumed, Mr. M'Donagh rose in behalf o: 

 Mr. Barrett of the Pilot. The learned gentleman stated, 

 that he proposed to himself principally to inquire into 

 the amount of proof which had been offered by the Crown 

 in support of the indictment. The case might be con- 

 sidered as one of circumstantial evidence, and he was pre- 

 pared to show that no case had been made out to justify 

 the jury in attributing to his client the guilt of a seditious 

 conspiracy. The court adjourned at five o'clock. 



Eighteenth Day. — On Saturday morning Mr. O'Con- 

 nell shortly addressed the Court, and expressed a hope 

 that he would not be called upon to commence his speech 

 at a late hour of the day. Mr. M'Donagh had not yet 

 finished his observations, and it would probably be some 

 hours before he would have done so. The Court at once 

 intimated its acquiescence in his wishes. — Immediately 

 on this point being arranged, Mr. M'Donagh resumed 

 the line of observation which he had entered upon the 

 previous evening. He commenced with a scrutiny of the 

 evidence given respecting the Baltinglass meeting, and 

 argued upon the improbability of many of the statements 

 made by the policemen, who were the principal witnesses 

 with regard to it. He next adverted to the Clontibret, 

 Tara, and other meetings. His client, Mr. Barrett, had 

 not attended any meeting held in the open air, and his 

 sole crime consisted in having dined two or three times 

 with the Repealers. The speech of Mr. M'Donagh dwelt, 

 perhaps necessarily, so much on the repetition of facts 

 and arguments previously adverted to, that it would be 

 tedious to follow him throughout. He concluded about 

 two, and was followed by Mr. Henn, at the terminatiou 

 of whose speech the Court adjourned. 



Nineteenth Day. — On Monday greater anxiety w«* 

 manifested to witness the proceedings of the trial than on 

 any other since the commencement, from the general 

 knowledge that Mr. O'Connell was to speak. The Court 

 was densely crowded, and ladies were sitting even on 

 Judges' bench. Mr. O'Connell appeared in plain clothes, 

 having laid aside his wig and gown for the occasion. ** 

 began by requesting the patient attention of the Jury 

 while he showed them that he had a right to their favour- 

 able verdict. He stood there not his own client alone, 

 he had the Irish people for his clients ; he bad Ireland to 

 plead for — with her right to constitutional privileges au 

 separate legislation, and his only anxiety was lest 

 sacred cause should be retarded by anything of whicn 

 had been the instrument. He acknowledged that _ 

 could not endure the Union. It was based on 

 grossest insult, and arose from an intolerance of l r 

 prosperity. They were malefactors who perpetra 

 the act. All that he had said on this subject u 

 avowed and justified. He felt that he laboured una 

 disadvantages ; but this was not the time to disc 

 how the Jury had been placed in that box. The Attorney- 

 General had only done what the law allowed him. ** . 

 certain that there was a great discrepancy between nun 

 them— a discrepancy both religious and political — "' 

 not so the Jury now before him would Dot be in that D • 

 But notwithstanding all this, he relied upon their integn^ 

 and honesty. He would now pass to the consideration 



