The "Wearing of the Green," Part 3

Mr. Sullivan--For a moment. Knowing well, your worship, that they could not get in all Ireland a jury to convict me, to secure my imprisonment openly and fairly, they do this. I now declare that I partic.i.p.ated in that funeral, and I defy those who were guilty of such cowardice as to subpoena me as a crown witness (applause).

Mr. Crean--I perceive that my client, Dr. C. Waters, is now in court.

In order to facilitate business, I shall offer no further objection; but, as a matter of fact, he was not summoned.

Then the case proceeded, the police giving their evidence on the whole very fairly, and testifying that the procession was one of the most peaceable, orderly, solemn, and impressive public demonstrations ever seen in Dublin. Against Mr. Martin it was testified that he marched at the head of the procession arm-in-arm with Mr. A.M. Sullivan and another gentleman; and that he delivered the memorable speech at the cemetery gate. Against Dr. Waters and Mr. Lalor it was advanced that they were honorary secretaries of the funeral committee, and had moreover acted, the former as a marshal, the latter as a steward in the procession. It was found, however, that the case could not be closed that day; and accordingly, late in the evening, the magistrates intimated that they would adjourn over to next morning. Suddenly from the body of the court is heard a stentorian voice:--

Mr. Bracken--I am summoned here as a crown witness. My name is Thomas Bracken. I went, heart and soul into that procession (applause)--

Mr. Anderson, junior--I don't know this gentleman.

Mr. Bracken--I am very proud that neither you nor any one like you knows me (applause).

Mr. Dix--I cannot hear you.

Mr. Bracken--I have been brought here as a crown witness away from my business, and losing my time here.

Mr. Donal Sullivan--I am another, and I avow myself in the same way.

Several voices--"So am I."

Mr. Bracken--I want to know why I should be taken from my business, by which I have to support my family, and put me before the eyes of my countrymen as a crown witness (applause)? I went heart and soul into the procession, and I am ready to do the same to-morrow, and abide by the consequences (applause). It is curious that the government should point me out as a crown witness.

Mr. Murphy--I ask for an adjournment till to-morrow.

Mr. Dix--It is more convenient to adjourn now.

Mr. Martin--I don't want to make any insinuations against the gentlemen who represent the crown, nor against the police, but I mention the fact, in order that they may relieve themselves from the odium which would attach to them if they cannot explain it. This morning a paragraph appears in one of the princ.i.p.al Dublin daily papers, the _Irish Times_, in which it is said that I, John Martin, have absconded; I must presume that the information was supplied to that paper either by the crown representatives or by the police.

Mr. Murphy, Q.C.--It is right to state, so far as I am informed, that an endeavour was made to serve Mr. Martin in Dublin. When the summonses were issued he was not in Dublin, but had gone down to the country, either to his own or the house of his brother, or--

Mr. Ross Todd, who sat beside Mr. Martin, here jumped up and said, "To his own house, sir, to his own house"--

Mr. Murphy--Very well. A constable was sent down there, and saw Mr.

Martin, and he reported that Mr. Martin said he would attend forthwith.

Mr. Dix--And he has done so?

Mr. Murphy--I have no other knowledge. It was briefed to me that Mr.

Martin said he would attend forthwith.

Mr. Martin--I am glad I have given the representatives of the crown an opportunity of making that statement. But I cannot understand how, when the representatives of the crown had the information, and when I told the constables I would attend--as I have done at great inconvenience and expense to myself--I cannot understand how a newspaper should come to say I had absconded.

Mr. Murphy--I cannot understand it either; I can only tell the facts within my own knowledge.

Mr. Molloy said it seemed very extraordinary that witnesses should be summoned, and the crown say they were not.

Mr. Sullivan wished his summons to be examined. Did the magistrates sign it?

Mr. Dix--Unless I saw the original I could not say.

Mr. J.J. Lalor--Sir John Gray has been summoned as a witness, too. It is monstrous.

Sir John Gray, M.P.--I wish to state to your worship the unpleasant circ.u.mstances under which I find myself placed. At an advanced hour on Sat.u.r.day I learned that the crown intended to summon as witnesses for the prosecution some of the gentlemen connected with my establishment. I immediately communicated with the crown prosecutor, and said it was unfair towards these gentlemen to have them placed in such an odious position, and that their refusal to act as crown witnesses might subject them to serious personal consequences; I said it would not be right of me to allow any of the gentlemen of my establishment to subject themselves to the consequences of such refusal, as I knew well they would all refuse. I suggested, if any unpleasant consequences should follow, they should fall on the head of the establishment alone (applause). I said "summon me, and deal with me." I am here now, sir, to show my respect for you personally and for this court; but I wish to state most distinctly that I will never consent to be examined as a crown witness (applause).

Mr. Anderson, jun., here interposed.

Sir John Gray--I beg your pardon. I am addressing the bench, and I hope I won't be interrupted. Some of my family are going to-night to England to spend the Christmas with my son. I intend to escort them.

I will not be here to-morrow. I wish distinctly to state so. If I were here, my respect for you and the bench, would induce me to be present, but I would be present only to declare what I have already stated, that I would not consent to be sworn or to give any evidence whatever in this prosecution. I think it right to add that I attach no blame whatever to the police authorities in this transaction. They have, I am sure, performed their duty in this case with that propriety which has always characterised their conduct. Neither do I attach any blame to the crown prosecutor. I simply desire to state, with the most profound respect for the bench and the court, that I will not be a witness (loud applause).

Mr. Anderson--We don't intend to examine Sir John Gray, but I wish to say that if the police believed any one could give important evidence, it is a new proposition to me that it is an indignity upon a man to summon him as a crown witness--

Mr. A.M. Sullivan--I say it is an indignity, and that the crown solicitor should not seek to shift the responsibility on the police, who only do what they are told.

Mr. Anderson--I am not trying to shift anything.

Mr. Sullivan--You are. You are trying to shift the responsibility of having committed a gross indignity upon a member of parliament, upon myself, and upon many honest men here.

Several persons holding up summonses said "hear, hear," and "yes."

Mr. Sullivan--This I charge to have been done by Mr. Anderson as his base revenge upon honest men who bade him defiance. Mr. Anderson must answer for this conduct. It is a vile conspiracy--a plot against honest men, who here now to his face tell him they scorn and defy him (applause).

Mr. Dix--I adjourn the case till one o'clock to-morrow.

The proceedings were then adjourned.

So far have we quoted from the _Freeman's Journal_. Of the closing scene _Saunders's News-Letter_, grieving sorely over such a fiasco, gives the following account:--

The adjournment of the court was attended with a scene of tumult and disorder that was rarely, or never, witnessed in a police court, in presence of the magistrates and a large number of police--both inspectors and detectives. The crowd of unwilling witnesses who had been summoned to give evidence against the defendants, clamorously protested against being brought there as crown witnesses, avowed that they were present taking part in the procession, and loudly declared that they would not attend at any subsequent hearing of the case. The latter part of the case indeed was marked with frequent interruptions and declarations of a similar kind, often very vociferously uttered.

The proceedings terminated amid the greatest and unchecked disorder.

In plain words, "Scene I, Act I," in what was meant to be a most solemn, awe-inspiring government function, turned out an unmistakable farce, if not a disastrous break down. Even the government journals themselves, without waiting for "Scene II.," (though coming off immediately) raised a shout of condemnation of the discreditable bungle, and demanded that it should be forthwith abandoned. Considering the course ultimately taken by the government, these utterances of the government organs themselves, have a serious meaning and are of peculiar importance. The ultra-orange _Evening Mail_ (Tuesday, 17th December,) said:--

THE POLICE-COURT SCENE.

The scenes of yesterday in the Dublin police-court will cause an astonished public to put the question, is the government insane? They suppress the processions one day, and on the next proceed with deliberation to destroy all possible effect from such an act by inviting the magistrates' court to be used as a platform from whence a fresh roar of defiance may be uttered. The originators of the seditious demonstrations are charged with having brought the government of the kingdom into hatred and contempt; but what step taken, or word spoken or written, from the date of the first procession to the last, brought the government into anything like the "contempt" into which it plunged itself yesterday? The prosecutions now inst.i.tuted are in themselves an act of utter weakness. We so declared when we imagined that they would be at least rationally conducted; but what is to be said now? It is literally impossible to give any sane explanation of the course taken in summoning as a crown witness one who must have been known to be prepared to boast of his partic.i.p.ation in the procession. Mr. Sullivan boldly bearded the prosecutors of his brethren. It was a splendid opportunity for him.

"I was present (he said) at that funeral procession. I partic.i.p.ated in it, deliberately and heartily. I call this a personal and public outrage, to endeavour to drag the national press of this country--".

Timid and ineffectual attempts were made by the magistrate to protect his court and position from insult, but Mr. Sullivan had the field, and would hold it. "He might help the crown to put some one else up,"

he said, "as they are scarce, perhaps, in accused." The summoning of him was, he resumed, an "attempt to destroy the national press, whose power the crown feels and fears, but which they dare not prosecute."

Mr. Sullivan was suffered to describe the conduct of the crown prosecutors at another stage as an "infamous plot." The government desired "to accomplish his imprisonment; they were willing to wound but afraid to strike." "They knew (he added) that they would not get a jury in all Ireland to agree to convict me; and I now characterise the conduct of the crown as base and cowardly." Another witness, in a halting way, entered a like protest against being supposed to have sympathy with the crown in the case; and the net result was a very remarkable triumph for what Mr. Sullivan calls the "national press"--a t.i.tle wholly misapplied and grossly abused. Are we to have a succession of these "scenes in court?"

_Saunders's News-Letter_ of the same date dealt with the subject as follows:--

The first step in what appears to be a very doubtful proceeding was taken yesterday by the law advisers of the crown. We refer to the prosecution inst.i.tuted against the leaders and organisers of the Fenian procession which took place in this city on Sunday, the 8th instant, in honour of the memories of the men executed at Manchester for murder. As to the character of that demonstration we never entertained any doubt. But it must be remembered that similar demonstrations had taken place a week previously in London, in Manchester, and in Cork, and that not only did the authorities not interfere to prevent them, but that the prime minister declared in the House of Lords that they were not illegal. Lord Derby doubtless, intended to limit his observations to the violition of the Party Processions Act, without p.r.o.nouncing any opinion as to the legality or illegality of the processions, viewed under another aspect, as seditious a.s.semblies. But his language was calculated to mislead, and, as a matter of fact, was taken by the Fenian sympathisers as an admission that their mock funeral processions were not unlawful. It is not to be wondered at, therefore, however much to be deplored, that the disaffected portion of the population should have eagerly taken advantage of Lord Derby's declaration to make a safe display of their sympathies and of their strength. They were encouraged to do so by the toleration already extended towards their fellows in England and in Cork, as well as by the statement of the prime minister. Under these circ.u.mstances the prosecution of persons who took part in the Dublin procession, even as organisers of that proceeding, appears to us to be a matter of doubtful policy. Mr. John Martin, the leader of the movement, stands in a different position from his companions.

They confined themselves to walking in the procession; he delivered an inflammatory and seditious speech, for which he alone is responsible, and which might have been made the subject of a separate proceeding against him. To do Mr. Martin justice, he showed no desire to shirk the responsibility he has incurred. At the police-court, yesterday, he frankly avowed the part he had taken in the procession, and offered to acknowledge the speech which he delivered on that occasion. If, however, the policy which dictated the prosecution be questionable, there can be no doubt at all as to the objectionable manner in which some of the persons engaged in it have acted--a.s.suming the statement to be true that Mr. Sullivan, proprietor and editor of the _Nation_ newspaper, and Sir John Gray, proprietor of the _Freeman's Journal_, have been summoned as crown witnesses. Who is responsible for this extraordinary proceeding it is at present impossible to say. Mr. Murphy, Q.C., the counsel for the crown, declared that he did not intend to examine Mr. Sullivan; Mr.

Anderson, the son of the crown solicitor, who appears to be entrusted with the management of these prosecutions, denied that he had directed the summonses to be served, and Mr. Dix, the magistrate, stated that he had not signed them. Tot Mr. Sullivan produced the summons requiring him to attend as a witness, and in the strongest manner denounced the proceeding as a base and cowardly attempt on the part of the government to imprison for contempt of court, a "national journalist" whom they dared not prosecute. Sir John Gray, ill less violent language, complained of an effort having been made to place some of the gentlemen in his employment in the "odious position of crown witnesses," and stated that he himself had been subpoenaed, but would decline to give evidence. We have not concealed our opinion as to the proper way of dealing with Mr. Sullivan. As the weekly disseminator of most exciting and inflammatory articles, he is doing much to promote disaffection and encourage Fenianism. In no other country in the world would such writing be tolerated for a day; and, a.s.suredly it ought not to be permitted in Ireland in perilous and exciting times like the present. But if Mr. Sullivan has offended against the law, let him be proceeded against boldly, openly, and fairly. He has, we think, a right to complain of being summoned as a witness for the crown; but the government have even more reason to complain of the conduct of their servants in exposing them by their blunders to ridicule and contempt. It is too bad that with a large and highly-paid staff of lawyers and attorneys the government prosecutions should be conducted in a loose and slovenly manner. When a state prosecution has been determined upon, every step ought to be carefully and anxiously considered, and subordinate officials should not be permitted by acts of officious zeal to compromise their superiors and bring discredit on the administration of the law.

The Liberal-Conservative _Irish Times_ was still more outspoken:--

While all commend the recent action of the government, and give the executive full credit for the repression by proclamation of processions avowedly intended to be protests against authority and law, it is generally regretted that prosecutions should have been inst.i.tuted against some of those who had taken part in these processions. Had these menacing a.s.semblages been held after the proclamations were issued, or in defiance of the authorities, the utmost power should have been exerted to put them down, and the terrors of the law would properly have been invoked to punish the guilty. But, bearing in mind the fact that these processions had been declared by the head of the government--expressing, no doubt, the opinion entertained at that time by the law officers of the crown, that these processions were "not illegal"--remembering, too, that similar processions had been already held without the slightest intimation of opposition on the part of government; and recollecting, also, that the proclamation was everywhere implicitly obeyed, and without the least wish to dispute it, we cannot avoid regretting that the government should have been advised, at the last hour, to inst.i.tute prosecutions of such a nature. Once, however, it was determined to vindicate the law in this way, the utmost care should have been taken to maintain the dignity of the proceedings, and to avoid everything calculated to create annoyance, irritation, or offence. If we except the moderate and very able speech of Mr.