the county grand jury, so that they might be
tried by a jury picked and packed from the anti-Irish
oligarchy of the Pale. It was an act of gross
illegality, hardship, and oppression. The illegality
of such a course had been ruled and decided in the
case of Mr. Gavan Duffy in 1848. But the point
was raised vainly now. When Mr. Pigott, of the
Irishman, was called to plead, his counsel
(Mr. Heron, Q.C.) insisted that he, the traverser,
was now in custody of the city sheriff in accordance
with his recognizances, and could not without legal
process be removed to the county venue. An exciting
encounter ensued between Mr. Heron and the crown counsel,
and the court took till next day to decide the point.
Next morning it was decided in favour of the crown,
and Mr. Pigott was about being arraigned, when, in
order that he might not be prejudiced by having attended
pending the decision, the attorney-general said, “he
would shut his eyes to the fact that that gentleman
was now in court,” and would have him called
immediately—an intimation that Mr. Pigott
might, if advised, try the course of refusing to appear.
He did so refuse. When next called, Mr. Pigott
was not forthcoming, and on the police proceeding
to his office and residence that gentleman was not
to be found—having, as the attorney-general
spitefully expressed it, “fled from justice.”
Mr. Sullivan’s case, had, of necessity, then
to be called; and this was exactly what the crown
had desired to avoid, and what Mr. Heron had aimed
to secure. It was the secret of all the skirmishing.
A very general impression prevailed that the crown
would fail in getting a jury to convict Mr. Sullivan
on any indictment tinctured even ever so faintly with
“Fenianism;” and it was deemed of great
importance to Mr. Pigott’s case to force the
crown to begin with the one in which failure was expected—Mr.
Sullivan having intimated his perfect willingness
to be either pushed to the front or kept to the last,
according as might best promise to secure the discomfiture
of the government. Mr. Heron had therefore so
far out-manoeuvered the crown. Mr. Sullivan appeared
in court and announced himself ready for trial, and
the next morning was fixed for his arraignment.
Up to this moment, that gentleman had expressed his
determination not only to discard legal points, but
to decline ordinary professional defence, and to address
the jury in his own behalf. Now, however, deferring
to considerations strongly pressed on him (set forth
in his speech to the jury in the funeral procession
case), he relinquished this resolution; and, late on
the night preceding his trial, entrusted to Mr. Heron,
Q.C., Mr. Crean, and Mr. Molloy, his defence on this
first prosecution.
Next morning, Saturday, 15th February, 1868, the trial commenced; a jury was duly packed by the “stand-by” process, and notwithstanding a charge by Justice Fitzgerald, which was, on the whole one of the fairest heard in Ireland in a political case for many years, Mr. Sullivan was duly convicted of having, by pictures and writings in his journal the Weekly News, seditiously brought the crown and government into hatred and contempt.