Mr. Allen—I am glad that
a satisfactory arrangement has been come to
by all parties, because there is
an objection entertained by some
persons to be brought into court
as witnesses for the crown.
Mr. Sullivan—Especially a public journalist.
Mr. Allen—Quite so.
Mr. Heron then proceeded to cross-examine the witness.
It was elicited from the government reporter, that, by a process which he called “throwing in the vowels,” he was able to make Mr. Martin’s speech read sufficiently seditious. Mr. D.C. Heron, Q.C., then addressed the court on behalf of Mr. J.J. Lalor; and Mr. Michael Crean, barrister, on behalf of Dr. Waters. Mr. Martin, on his own behalf, then spoke as follows:—
I admit I attended the procession. I admit also that I spoke words which I consider very grave and serious words upon that occasion. For my acts on that occasion, for the sense and intention of the words I spoke on that occasion, I am perfectly willing to be put upon my country. Not only for all my acts on that occasion—not only for the words which I spoke on that occasion; but for all my acts or all the words I either spoke or wrote, publicly or privately, upon Irish politics, I am perfectly willing to be put upon my country. In any free country that has real constitutional institutions to guarantee the liberty of the subject—to guarantee the free trial of the subject charged with an offence against either the state or his neighbour, it would be quite absurd to expect a man could be put upon his country and convicted of a crime for doing that and using such words as the vast majority of his fellow-countrymen approve. In this case I believe that a vast majority of my fellow-countrymen do not disapprove of the acts I acknowledge on that occasion, and that they sympathise in the sentiment of the words I then spoke. Therefore the mere fact that a prosecution is preferred against me for that act, and for those words, is the expression of an opinion on my part that this country does not at present enjoy real constitutional institutions, guaranteeing a free trial—guaranteeing that the man accused shall be really put upon his country. Therefore it is absurd to think that any twelve honest men, my neighbours, put upon their oaths, would declare that to be a crime which it is probable that, at least, four-fifths of them believe to be right—right both constitutionally and morally. I am aware—we are all aware—that the gentlemen who represent the crown in this country, have very powerful means at their disposal for obtaining convictions in the form of law and in the form of justice, of any person they think proper to accuse; and without meaning either to sneer or to joke in this matter, I acknowledge the moderation of the gentlemen who represent the government, since they chose to trouble themselves with me at all. I acknowledge their moderation in proposing to indict me now for sedition, for