The "Wearing of the Green," Part 2

It was generally understood, on arrival at the Head-office, that the cases would be heard in the usual court up stairs, and, accordingly, the defendants and the professional gentlemen waited in the court for a considerable time after one o'clock. It was then stated that the magistrates would sit in another court down stairs, and all the parties moved towards the door for the purpose of going there. Then another arrangement was made, that the change would not take place, and the parties concerned thereupon returned to their places. But in a few minutes it was again announced that the proceedings would be in the court down stairs. A general movement was made again by defendants, by counsel, by solicitors, and others towards that court, but on arriving at the entrances they were guarded by detectives and police. The benches, which ought to have been reserved for the bar and solicitors, and also for the press, were occupied by detectives, and for a considerable time great difficulty was experienced in getting places.

Mr. George M'Dermott, barrister, applied to the magistrates to a.s.sign a place for the members of the bar.

Mr. Dix--I don't know that the bar, unless they are engaged in the cases, have any greater privilege than anyone else. We have a wretched court here.

Mr. M'Dermott said the bar was ent.i.tled to have room made for them when it could be done.

Mr. W.L. Hackett--All the seats should not be occupied by policemen to the exclusion of the bar.

Mr. Scallan, solicitor, who spoke from the end of the table, said--Your worships, I am solicitor for one of the traversers, and I cannot get near my counsel to communicate with him. The court is filled with detectives.

Mr. Molloy--My solicitor has a right to be here; I want my solicitor to be near me.

Mr. Dix--Certainly; how can men defend their clients if they are inconvenienced.

An appeal was then made to the detectives who occupied the side bar behind the counsel to make way.

Mr. Murphy, Q.C., said one was a policeman who was summoned. Mr.

Dix--The police have no right to take seats.

The detectives then yielded, and the professional gentlemen and the reporters were accommodated.

Mr. Dix then called the cases.

Mr. Molloy--I appear with Mr. Heron, Q.C., on behalf of J.J. Lalor.

Mr. Crean--I appear for Dr. Waters.

Mr. John Martin--I appear on behalf of myself.

Mr. Crean--I understand there is an impression that Dr. Waters has been summoned, but he has not.

Mr. Dix--If he appears that cures any defect.

Mr. Crean--I appear on his behalf, but I believe his personal attendance is necessary.

Mr. Dix--Does anyone appear for Mr. Scanlan?

There was no answer.

Mr. Murphy, Q.C.--I ask whether Dr. Waters and Mr. Lalor appear in court.

Mr. Molloy--My client Mr. Lalor, is in court.

Mr. Crean--I believe my client is not in court.

Mr. Murphy, Q.C.--I will prove the service of the summons against Dr.

Waters. If there is any defect in the summons it can be remedied. I will not proceed against any person who does not appear.

Mr. Dix--Am I to take it there is no appearance for Dr. Waters or Mr.

Scanlan?

Mr. Crean--I appear for Dr. Waters. I believe he is not in court. It was stated in the newspapers that he was summoned, but I am instructed he has not been summoned at all.

Mr. Murphy, Q.C., then proceeded in a careful and precise address to state the case for the crown. When he had concluded, and was about calling evidence, the following singular episode took place:--

Mr. Dix--You only proceed against two parties?

Mr. Murphy--I shall only proceed against the parties who attend--against those who do not attend I shall not give evidence.

Mr. John Martin--If I am in order I would say, to save the time of the court and to save the public money, that I would be very glad to offer every facility to the crown. I believe, Sir, you (to Mr.

Murphy) are the crown?

Mr. Murphy--I represent the crown.

Mr. Martin--I will offer every facility to the crown for establishing the facts both as to my conduct and my words.

Mr. A.M. Sullivan--I also will help you to put up some one, as you seem scarce of the accused. I have been summoned myself--

Mr. Dix--Who are you?

Mr. Sullivan--My name is Alexander M. Sullivan, and, meaning no disrespect to either of the magistrates, I publicly refuse even to be sworn. I was present at the funeral procession--I partic.i.p.ated in it openly, deliberately, heartily--and I denounce as a personal and public outrage the endeavour to degrade the national press of this country by attempting to place in the light of--

Mr. Dix--I cannot allow this. This is not a place for making speeches. I understand you are not summoned here at all.

Mr. Murphy--He is only summoned as a witness.

Mr. Dix--When you (to Mr. Sullivan) are called on will be the time to hear you, not now.

Mr. Sullivan--I ask your worship, with your usual courtesy, to hear me while I complain publicly of endeavouring to place the editor of a national journal on the list of crown witnesses in this court as a public and personal indignity--and as an endeavour to destroy the influence of that national press, whose power they feel and fear, but which they dare not prosecute. I personally complain--

Mr. Murphy--I don't know that this should be permitted.

Mr. Sullivan--Don't interrupt me for a moment.

Mr. Dix--Mr. Sullivan wants to have himself included in the summons and charge.

Mr. Murphy--That cannot be done at present.

Mr. Sullivan--With one sentence I will conclude.

Mr. Murphy--I don't intend to have you called as a witness--

Mr. Sullivan--It is an endeavour to accomplish my imprisonment for contempt, when the government "willing to wound, afraid to strike,"

know that they dare not accuse me as a Fenian--

Mr. Dix--You are not here as a Fenian.