The Macdermots of Ballycloran Part 59

"'Deed then I don't know; you can ask thim as war there besides me."

"But I choose to ask you, and I choose that you should answer me; was he drunk?"

"Don't I tell you that I don't know?"

"On your oath you don't know whether he was drunk or not?"

"He war screwed; divil a doubt of that; but thin, he could walk--I wouldn't call him dhrunk."

"Wasn't he nearer being so than you'd seen him for many months?"

"Faix, he war. I didn't see him so bad since Leitrim fair, two years back."

"And now you say, that at the wedding, the prisoner promised in a day or two to meet the same boys at Mrs. Mulready's, to settle their plans of ridding the country of Ussher?"

"Yes; about that and other things."

"And the prisoner never kept that appointment?"

"No, Mr. Thady niver went there."

"Did you ever say anything to him about not going there?"

"Oh, I did; we were discoursing about it."

"And what did you say to him on the subject?"

"Why, I towld him av he guv the boys a promise, he oughts never to go back from his word."

"That is to say, you endeavoured to persuade him to go?"

"By-dad, I don't know about persuading; it warn't for the likes of me to persuade him."

"On your oath, sir, didn't you endeavour to induce the prisoner to go to Mrs. Mulready's?"

"I towld him he ought to be as good as his word."

"Yes, you did; and you think he ought to have gone?"

"May be av he'd gone there, he'd never have stood here this day."

"You wanted him to go to Mrs. Mulready's, then?"

"Wanted! No, I didn't want nothing about it."

"You only asked him to go?"

"Jist as I towld you; I said av he guv the boys his word, as a man he shouldn't go from it."

"Did you say anything to him about Mr. Jonas Brown?"

"Jonas Brown?"

"Yes, Mr. Jonas Brown, the magistrate?"

"Faix, I don't know. I can't rightly say."

"Think now, my man; when you were trying to persuade your master to go to the widow Mulready's, did you mention Mr. Jonas Brown's name?"

"D'ye think I do be counting my words that way; how am I to say all the names I mintioned four or five months back?"

"On your solemn oath don't you remember mentioning that gentleman's name to the prisoner with reference to his visit to Mrs. Mulready's?"

"What, Jonas Brown's name?"

"Yes."

"Faix I may."

"Don't you know you did?"

"Faix I don't."

"Didn't you threaten your master, that if he did not attend the meeting, some of the boys would swear against him, before Mr. Brown, for having joined the party and taken the oath at the wedding?"

"What av I did?"

"But did you?"

"Maybe I did--maybe I didn't; I disremember thim little things."

The cross-examination continued for a considerable time; but nothing further that was material could be drawn from Brady. He seemed even more unwilling to answer Mr. O'Malley, than he had been in replying to Mr. Allewinde, and at last he was sent off the table.

The next witness called was McGovery, who had been summoned on behalf of the prosecution. He was asked whether he had not suspected that some foul play was intended against Ussher, and he stated in what manner he had, in the first place, cautioned Ussher himself--then that he had told the same thing to Father John--and that after overhearing a portion of the conversation at Mrs. Mehan's, he had gone to Father Cullen, for the purpose of informing him that he feared there was a conspiracy against Mr. Keegan. Little, however, could be learnt from him, for he owned that he had no substantial grounds for his suspicions in the first case, and that he had chiefly been led to fear an attack upon Ussher, from knowing his unpopularity and the bad character of many of the guests expected at the wedding.

Mr. O'Laugher tried to make him say that the conversation at Mrs.

Mehan's had been confined to Keegan, and the threats which he had heard uttered against him; but McGovery would not say as much as this; he stated positively that he had never heard Ussher's name mentioned, but that during a considerable portion of the evening he had been entirely unable to hear a word that the men said; he declared, however, positively that Thady was drunk when he left the room, and that it appeared to him that he, Thady, had taken very little part in the conversation before he was drunk.

When this witness went off the table, Mr. Allewinde declared that the case for the prosecution was finished--stating at the same time that he abstained from feelings of delicacy and respect from putting the prisoner's sister into the witness box; and that he should trouble her with no questions unless she were placed there by the counsel for the defence.

Mr. O'Malley then rose to address the jury on behalf of the prisoner, and spoke to the following effect:--

"Gentlemen of the jury, it now becomes my duty to address to you such words as may best suit to point out to you the weakness of the evidence against the prisoner--to explain to you the different objects we had in our lengthened cross-examination of the witnesses--to inform you what we intend to prove on behalf of the prisoner from further witnesses--and, in fact, to put the case before you in a light, and point of view, differing as widely as I can make it do from that in which my learned friend has presented it to you.

This you are aware is the general duty and constant object of a counsel endeavouring to obtain a verdict of acquittal from a jury.

It is a duty in which long practice has made me familiar, if not skilful; and I never undertook that duty with the same a.s.surance of its facility, as that which I now feel, after having heard the evidence which has been brought forward on the prosecution. I knew beforehand, as surely as one can trust to human knowledge, that the evidence would fail; but knowing the acute legal abilities of my learned friend, and the extraordinary avidity which exists among a large cla.s.s of men for a verdict against the prisoner in this case,--remembering, I say, these things, I did not expect such a total break down, such an exposure of weakness as that which has been just made before you. Were my object merely to rescue the prisoner from an ignominious death--had it been my mere duty on this occasion to obtain an acquittal, I should feel no hesitation in requesting his lordship at once to send the case before you, with such remarks as the evidence would call forth from him; and I should consider that I was only wasting the time of the court in pointing out to you the insufficiency of the evidence, in which each of you must perceive that nothing whatever is proved against the prisoner; but I have been employed with another object; and I must own to you that so great is my own personal anxiety--so terrible and so undeserved the present position of that unfortunate young man, and so essentially necessary is it for his future happiness, that I should effect my present object;--I must own to you, I say, for these reasons, that from the time when I first found myself standing in a crowded court to address a jury, up to the present moment, I have never felt so little self-confidence, or experienced so total a prostration of that a.s.surance, which is a lawyer's first requisite, as I do at present.

"I have said my object in addressing you is not merely that of obtaining an acquittal; and I said so because a mere acquittal will serve that unfortunate young man but little. Unless he can walk out of this court with such a verdict as, d.a.m.ning as it may be to others, will altogether cleanse his name from the stain of guilt in this matter; unless he can, not only save his neck from the halter, but also entirely clear his character from the gross charges which have been brought against him,--he would as lief go back to the cell whence he has come, as return to his father's house acquitted by the voice of law, but condemned by that of opinion.

"On this account I am debarred from many of the usual resources of counsel pleading for a prisoner; I am forbidden to make use of legal points in his favour; I am forbidden to effect an escape by the numerous weak points in the enemy's plan of attack; I am desired to meet him face to face in the open field--to fight under no banner but that of truth, and not to strike my adversary below the belt. You are aware that this is a line of conduct as rare as it is difficult in a criminal court--when an advocate has to contend for his client against the law--where every possible means of success which legal ingenuity can devise is taken in the prosecution, and where you are accustomed to hear every legal technicality used in the defence.