The Wearing of the Green eBook

A M Sullivan
This eBook from the Gutenberg Project consists of approximately 146 pages of information about The Wearing of the Green.

The Wearing of the Green eBook

A M Sullivan
This eBook from the Gutenberg Project consists of approximately 146 pages of information about The Wearing of the Green.
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
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The Wearing of the Green from Project Gutenberg. Public domain.