either by disparagement of the ordinary legal advocacy,
by some poor idea of personal vanity, or by way
of reflection on the tribunal before which the defence
is made. My conduct is dictated by neither
of these considerations or influences. Last
of all men living should I reflect upon the ability,
zeal, and fidelity of the Bar of Ireland, represented
as it has been in my own behalf within the past
two days by a man whose heart and genius are, thank
God, still left to the service of our country, and
represented, too, as it has been here this day by
that gifted young advocate, the echoes of whose
eloquence still resound in this court, and place
me at disadvantage in immediately following him.
And assuredly I design no disrespect to this court;
either to tribunal in the abstract, or to the individual
judges who preside; from one of whom I heard two
days ago delivered in my own case a charge of which
I shall say—though followed by a verdict
which already consigns me to a prison—that
it was, judging it as a whole, the fairest, the clearest,
the most just and impartial ever given to my knowledge,
in a political case of this kind in Ireland between
the subject and the crown. No; I stand here
in my own defence to-day, because long since I
formed the opinion that, on many grounds, in such a
prosecution as this, such a course would be the
most fair and most consistent for a man like me.
That resolution I was, for the sake of others, induced
to depart from on Saturday last, in the first prosecution
against me. When it came to be seen that I
was the first to be tried out of two journalists
prosecuted, it was strongly urged on me that my course,
and the result of my trial, might largely affect
the case of the other journalist to be tried after,
me; and that I ought to waive my individual views
and feelings, and have the utmost legal ability brought
to bear in behalf of the case of the national press
at the first point of conflict. I did so.
I was defended by a bar not to be surpassed in
the kingdom for ability and earnest zeal; yet the result
was what I anticipated. For I knew, as I had
held all along, that in a case like this, where
law and fact are left to the jury, legal ability
is of no avail if the crown comes in with its arbitrary
power of moulding the jury. In that case,
as in this one, I openly, publicly, and distinctly
announced that I for my part would challenge no
one, whether with cause or without cause. Yet
the crown—in the face of this fact—and
in a case where they knew that at least the accused
had no like power of peremptory challenge—did
not venture to meet me on equal footing; did not
venture to abstain from their practice of absolute
challenge; in fine, did not dare to trust their case
to twelve men “indifferently chosen,” as
the constitution supposes a jury to be. Now,
gentlemen, before I enter further upon this jury
question, let me say that with me this is no complaint
merely against “the Tories.” On
this as well as on numerous other subjects, it