The magistrates reserved their decision till next day; so that there might be decent and seemly pause for the purpose of looking up and pondering the legal precedents, as the legal fiction would have it; and on next day, they announced that they would send all the accused for trial to the next Commission at Green-street, to open on the 10th February, 1868. The several traversers, however, were required to enter merely into their own recognizances in L500 each to appear for trial.
In this police court proceeding the government, confessedly, were morally worsted—utterly humiliated, in fact. So far from creating awe or striking terror, the prosecution had evoked general contempt, scorn, and indignation. To such an extent was this fact recognised, that the government journals themselves, as we have seen, were amongst the loudest in censuring the whole proceeding, and in supporting the general expectation that there was an end of the prosecution.
Not so however was it to be. The very bitterness of the mortification inflicted upon them by their “roll in the dust” on their first legal encounter with the processionists, seemed to render the crown officials more and more vindictive. It was too galling to lie under the public challenge hurled at them by Mr. Bracken, Mr. O’Reilly, and Mr. Sullivan. After twelve days’ cogitation, government made up its mind to strike.
On Saturday, 28th December, 1867—just as everyone in Ireland seemed to have concluded that, as the Conservative journals said, there was “an end of” the foolish and ill-advised funeral prosecutions—Mr. Sullivan, Mr. Bracken (one of the funeral stewards), Mr. Jennings, of Kingstown (one of the best known and most trusted of the nationalists of “Dunleary” district). Mr. O’Reilly, (one of the mounted marshals at the procession), and some others, were served with citations to appear on Monday the 30th, at the Head Police Office, to answer charges identical with those preferred on the 16th against Mr. Martin, Dr. Waters, and Mr. Lalor.
Preliminary prosecution No. 2 very much resembled No. 1. Mr. Murphy, Q.C. stated the crown case with fairness and moderation; and the police, as before, gave their evidence like men who felt “duty” and “conscience” in sore disagreement on such an occasion. Mr. Jennings and Mr. O’Reilly were defended, respectively, by Mr. Molloy and Mr. Crean; two advocates whose selection from the junior bar for these critical and important public cases was triumphantly vindicated by their conduct from the first to the last scene of the drama. Mr. Sullivan, Mr. Bracken, and the other accused, were not represented by counsel. On the first-named gentleman (Mr. Sullivan) being formally called on, he addressed the court at some length. He said:—