The procession took one hour and forty minutes to pass the Four Courts. Let us assume that as the average time in which it would pass any given point, and deduct ten minutes for delays during that time. If, then, it moved at the rate of two and a-half miles per hour, we find that its length, with those suppositions, would be three and three-quarters miles. From this deduct a quarter of a mile for breaks or discrepancies, for we find the length of the column, if it moved in a continuous line, to be three and a-half miles. We may now suppose the ranks to be three feet apart, and consisting of ten in each, at an average. The total number is therefore easily obtained by dividing the product of 3½ and 5,280 by 3, and multiplying the quotient by 10. This will give as a result 61,600 which, I think, is a fair approximation to the number of people in the procession alone.
Even in the columns of the Irish Times a letter appeared giving an honest estimate of the numbers in the procession. It was signed "T.M.G.," and said:—
I believe there was not fewer than 60,000 persons taking part in the procession on Sunday. My point of observation was one of the best in the city, seeing, as I could, from the entrance to the Lower Castle Yard to the College Gates. I was as careful in my calculation as an almost quick march would allow. There were also a few horsemen, three hearses, and sixty-one hired carriages, cabs, and cars. A correspondent in your columns this morning speaks of rows of from four to nine deep; I saw very many of from ten to sixteen deep, especially among the boys. The procession, took exactly eighty minutes to pass this. There were several thousand onlookers within my view.
Of the ladies in the procession the Freeman's Journal bore the following testimony, not more generous than truthful:—
The most important physical feature was not, however, the respectable dress, the manly bearing, the order, discipline, and solemnity of the men, but the large bodies of ladies who, in rich and costly attire, marched the whole length of the long route, often ankle deep in mud, utterly regardles of the incessant down-pour of rain which deluged their silks and satins, and melted the mourning crape till it seemed incorporated with the very substance of the velvet mantles or rich shawls in which so many of the fair processionists were enveloped. In vain did well-gloved hands hold thousands of green parasols and umbrellas over their heads as they walked four and five deep through the leading thoroughfares yesterday. The bonnets with their 'green and crape' were alone defensible, velvets and Paisleys, silks and satins, met one common fate—thorough saturation. Yet all this and more was borne without a murmur. These ladies, and there were many hundreds of them, mingled with thousands in less rich attire, went out to cooperate with their fathers, brothers, and sweethearts in honouring three men who died upon the ignominious gallows, and they never flinched before the torrents, or swerved for an instant from the ranks. There must be some deep and powerful influence underlying this movement that could induce thousands of matrons and girls of from eighteen to two and-twenty, full of the blushing modesty that distinguishes Irishwomen, to lay aside their retiring characteristics and march to the sound of martial music through every thoroughfare in the metropolis of this country decked in green and crape.
The Dublin correspondent of the Tipperary Free Press referred to the demonstration as follows:—
Arrived in Sackville-street we were obliged to leave our cab and endeavour, on foot, to force a way to our destination. This magnificent street was crowded to repletion, and the approaches to Beresford-place were 'black with people.' It was found necessary, owing to the overwhelming numbers that assembled, to start the procession before the hour named for its setting forth, and so it was commenced in wonderful order, considering the masses that had to be welded into shape. Marshals on foot and on horseback proceeded by the side of those in rank and file, and they certainly wore successful in preserving regularity of procedure. Mourning coaches and cabs followed, and after each was a procession of women, at least a thousand in number. Young and old were there—all decked in some shape or other with green; many green dresses—some had green feathers in their hats, but all had green ribbons prominently displayed. The girls bore all the disagreeability of the long route with wonderful endurance; it was bitterly cold—a sleety rain fell during the entire day, and the roads were almost ankle deep in mud—yet when they passed me on the return route they were apparently as unwearied as when I saw them hours before. As the procession trooped by—thousand after thousand—there was not a drunken man to be seen—all were calm and orderly, and if they were, as many of them were—soaked through—wet to the skin—they endured the discomfiture resolutely. The numbers in the procession have been variously estimated, but in my opinion there could not have been less than 50,000. But the demonstration was not confined to the processionists alone; they walked through living walls, for along the entire route a mass of people lined the way, the great majority of whom wore some emblem of mourning, and every window of every house was thronged with ladies and children, nearly all of whom were decorated. All semblance of authority was withdrawn from sight, but every preparation had been made under the personal direction of Lord Strathnairn, the commander-in-chief, for the instant intervention of the military, had any disturbances taken place. The troops were confined to barracks since Saturday evening; they were kept in readiness to march at a moment's notice; the horses of the cavalry were saddled all day long, and those of the artillery were in harness. A battery of guns was in the rere yard of the Four Courts, and mounted orderlies were stationed at arranged points so as to convey orders to the different barracks as speedily as possible. But, thanks to Providence, all passed off quietly; the people seemed to feel the responsibility of their position, and accordingly not even an angry word was to be heard throughout the vast assemblage that for hours surged through the highways of the city.
The Ulster Observer, in the course of a beautiful and sympathetic article, touched on the great theme as follows:—
The main incidents of the singular and impressive event are worthy of reflection. On a cold December morning, wet and dreary as any morning in December might be, vast crowds assembled in the heart of Dublin to follow to consecrated ground the empty hearses which bore the names of the Irishmen whom England doomed to the gallows as murderers. The air was piercingly chill, the rain poured down in torrents, the streets were almost impassable from the accumulated pools of mingled water and mud, yet 80,000 people braved the inclemency of the weather, and unfalteringly carried out the programme so fervently adopted. Amongst the vast multitude there were not only stalwart men, capable of facing the difficulties of the day, but old men, who struggled through and defied them; and, strangest of all, 'young ladies, clothed in silk and velvet,' and women with tender children by their sides, all of whom continued to the last to form a part of the cortege, although the distance over which it passed must have taxed the strongest physical energy. What a unanimity of feeling, or rather what a naturalness of sentiment does not this wonderful demonstration exhibit? It seems as if the 'God save Ireland' of the humble successors of Emmet awoke in even the breast of infancy the thrill which must have vibrated sternly and strongly in the heart of manhood. Without exalting into classical grandeur the simple and affectionate devotion of a simple and unsophisticated people, we might compare this spectacle to that which ancient Rome witnessed, when the ashes of Germanicus were borne in solemn state within her portals. There were there the attendant crowd of female mourners, and the bowed heads and sorrowing hearts of strong men. If the Irish throngs had no hero to lament, who sustained their glory in the field, and gained for them fresh laurels of victory, theirs was at least a more disinterested tribute of grief, since it was paid to the unpretending merit which laid down, life with the simple prayer of 'God save Ireland!' Amidst all the numerous thousands who proceeded to Glasnevin, there was not, probably, one who would have sympathised with any criminal offence, much less with the hideous one of murder. And yet these thousands honoured and revered the memory of the men condemned in England as assassins, and ignominiously buried in felons' graves.
This mighty demonstration—at once so unique, so solemn, so impressive, so portentous—was an event which the rulers of Ireland felt to be of critical importance. Following upon the Requiem Masses and the other processions, it amounted to a great public verdict which changed beyond all resistance the moral character of the Manchester trial and execution. If the procession could only have been called a "Fenian" demonstration, then indeed the government might hope to detract from its significance and importance. The sympathy of "co-conspirators" with fallen companions could not well be claimed as an index of general public opinion. But here was a demonstration notoriously apart from Fenianism, and it showed that a moral, a peaceable, a virtuous, a religious people, moved by the most virtuous and religious instincts, felt themselves coerced to execrate as a cowardly and revolting crime the act of state policy consummated on the Manchester gibbet. In fine, the country was up in moral revolt against a deed which the perpetrators themselves already felt to be of evil character, and one which they fain would blot for ever from public recollection.
What was to be done? For the next ensuing Sunday similar demonstrations were announced in Killarney, Kilkenny, Drogheda, Ennis, Clonmel, Queenstown, Youghal, and Fermoy—the preparations in the first named town being under the direction of, and the procession about to be led by, a member of parliament, one of the most distinguished and influential of the Irish popular representatives—The O'Donoghue. What was to be done? Obviously, as the men had been hanged, there could be no halting halfway now. Having gone so far, the government seemed to feel that it must need go the whole way, and choke off, at all hazards, these inconvenient, these damnatory public protests. No man must be allowed to speak the Unutterable Words, which, like the handwriting on the wall in the banquetting hall of Belshazzar, seemed ever to be appearing before the affrighted consciences of Ireland's rulers. Be it right or be it wrong, be it justice or be it murder, the act must now be upheld—in fact, must not be alluded to. There must be silence by law, on what had been done beneath the Manchester gallows-tree.
But here there presented itself a difficulty. Before the government had any idea that the public revulsion would become so alarmingly extensive, the responsible ministers of the crown, specifically interrogated on the point, had, as we have seen, declared the funeral processions not to be illegal, and how, now, could the government interpose to prevent them? It certainly was a difficulty which there was no way of surmounting save by a proceeding which in any country constitutionally governed would cost its chief authors their lives on impeachment. The government, notwithstanding the words of its own responsible chiefs—on the faith of which the Dublin procession was held, and numerous others were announced—decided to treat as illegal the proceedings they had but a week before declared to be not illegal; decided to prosecute the processionists who had acted on the government declarations; and decided to prevent, by sabre and cannon—by slaughter if necessary—the further processions announced in Killarney, Clonmel, Kilkenny, and elsewhere!
On the evening of Thursday, the 12th December, Dublin city was flung into the most intense excitement by the issue of the following Government Proclamation:—
BY THE LORD LIEUTENANT AND COUNCIL OF IRELAND.
A PROCLAMATION.
ABERCORN.
Whereas it has been publicly announced that a meeting is to assemble in the city of Kilkenny, and that a procession is to take place there on Sunday, 15th day of December instant:
And whereas placards of the said intended meeting and procession have been printed and circulated, stating that the said intended procession is to take place in honour of certain men lately executed in Manchester for the crime of murder, and calling upon Irishmen to assemble in thousands for the said procession:
And whereas meetings and processions of large numbers of persons have been already held and have taken place in different parts of the United Kingdom of Great Britain and Ireland under the like pretence, at some of which, and particularly at a meeting and procession in the city of Dublin, language of a seditious and inflammatory character has been used, calculated to excite discontent and disaffection in the minds of her Majesty's subjects, and to create ill-will and animosity amongst them, and to bring into hatred and contempt the government and constitution of the country as by law established:
And whereas the said intended meeting and procession, and the objects of the persons to be assembled, and take part therein, are not legal or constitutional, but are calculated to bring into hatred and contempt the government of the United Kingdom as by law established, and to impede the administration of justice by intimidation, and the demonstration of physical force.
Now we, the Lord Lieutenant and General Governor of Ireland, by and with the advice of her Majesty's Privy Council in Ireland, being satisfied that such meetings and processions as aforesaid can only tend to serve the ends of factious, seditions, and traitorous persons, and to the violation of the public peace, do hereby caution and forewarn all persons whomsoever that they do abstain from assembling at any such meeting, and from joining or taking part in any such procession.
And we do hereby order and enjoin all magistrates and officers entrusted with the preservation of the public peace, and others whom it may concern, to aid and assist the execution of the law, in preventing the said intended meeting and procession, and in the effectual suppression of the same.
Given at the Council Chamber in Dublin, this Twelfth day of December, 1807.
RICHARD C. DUBLIN. A. BREWSTER, C. MAYO. STRATHNAIRN. FRED. SHAW. R. KEATINGE. WILLIAM KEOGH. JOHN E. WALSH. HEDGES EYRE CHATTERTON. ROBERT R. WARREN.
Everybody knew what this proclamation meant. It plainly enough announced that not only would the further demonstrations be prevented, but that the Dublin processionists were to feel "the vengeance of the law"—that is the vengeance of the Manchester executioners. Next day the city was beset with the wildest rumours as to the arrests to be made or the prosecutions to be commenced. Everyone seemed to conclude of course that Mr. John Martin, Mr. A.M. Sullivan, and the Honorary Secretaries of the Procession Committee, were on the crown prosecutor's list; but besides these the names of dozens of gentlemen who had been on the committee, or who had acted as stewards, marshals, &c., at the funeral, were likewise mentioned. On Saturday it became known that late on the previous evening crown summonses had been served on Mr. J.J. Lalor, Dr. J.C. Waters, and Mr. James Scanlan, requiring them to attend on the following Tuesday at the Head Police Office to answer informations sworn against them for taking part in an "illegal procession" and a "seditious assembly." A summons had been taken out also against Mr. Martin; but as he had left Dublin for home on Friday, the police officers proceeded after him to Kilbroney, and "served" him there on Saturday evening.
Beside and behind this open move was a secret castle plot so utterly disreputable that, as we shall see, the Attorney-General, startled by the shout of universal execration which it elicited, sent his official representative into public court to repudiate it as far as he was concerned, and to offer a public apology to the gentlemen aggrieved by it. The history of that scandalous proceeding will appear in what follows.
On Monday, 16th December, 1867, the Head Police Office, Exchange-court, Dublin, presented an excited scene. The daily papers of the day report the proceedings as follows:—
At one o'clock, the hour appointed by the summons, the defendants attended in court, accompanied by their professional advisers and a number of friends, including Alderman Plunkett, Mr. Butler, T.C.; the Rev. P. Langan, P.P., Ardcath; A.M. Sullivan, T.C.; T.D. Sullivan, J.J. Lalor, &c. Mr. Dix and Mr. Allen, divisional magistrates, presided. Mr. James Murphy, Q.C., instructed by Mr. Anderson, represented the crown. Mr. Heron, Q.C., and Mr. Molloy appeared for J.J. Lalor. Mr. Crean appeared for Dr. Waters. Mr. Scallan appeared as solicitor for J.J. Lalor and for Dr. Waters.
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 assign 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 entitled 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 participated 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.
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 participated 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 principal 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 circumstances under which I find myself placed. At an advanced hour on Saturday 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 instituted 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 participation 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 participated 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 title 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 instituted 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 pronouncing any opinion as to the legality or illegality of the processions, viewed under another aspect, as seditious assemblies. 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 circumstances 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—assuming 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, assuredly 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 instituted against some of those who had taken part in these processions. Had these menacing assemblages 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 institute 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. Murphy, Q.C., there is no one part of the proceedings in the police-court which merits commendation. Some of the witnesses utterly broke down; opportunity was given for utterances not calculated to increase respect for the law; and disloyal sentiments were boldly expressed and cheered until the court rang again. Great and serious as was the mistake in not obtaining an accurate legal opinion respecting the character of these meetings at the first, and then prohibiting them, a far greater mistake is now, we think, committed in instituting these retrospective prosecutions. For this mistake the law officers of the crown must, we infer, be held responsible. Were they men of energy and vigour, with the necessary knowledge of the world, they would not have suffered the executive to permit processions first, and then prohibit them, and at the same time try men for participating in what had been pronounced not to be illegal. We exonerate the attorney-general from the error of summoning to give evidence persons who openly gloried in the part they had taken in these meetings. To command the presence of such witnesses was of the nature of an offence. There was no ground, for instance, for supposing that Mr. Sullivan would have played the informer against the friends who had walked with him in the procession—such is not his character, his feeling, or his sense of honour. The summoning of those who had moved with, and as part of, the multitude, to give evidence against their fellows, was not only a most injudicious, but a futile expedient, and naturally has caused very great dissatisfaction and annoyance. The circumstance, however, proves that the prosecutions was instituted without that exact care and minute attention to all particulars which are necessary in a case of this kind.
Even the Daily Express, the, all-but subsidised, if not the secretly subsidised, organ of the ultra-orange section of the Irish administration, had to own the discomfiture of its patrons:—
Are our police offices to become a kind of national journals court? Is the "national press of Ireland" then and there to bid for the support immediately of the gallery, and more remotely of that portion of the population which is humourously called the Irish Nation? These speculations are suggested by a curious scene which took place at the inquiry at the police office yesterday, and which will be found detailed in another column. Mr. Sullivan, the editor of the Nation, seized the opportunity of being summoned as a witness, to denounce the government for not including him in the prosecution. He complained "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 the national press. It is certainly an open avowal to declare that the mere placing of the name of the editor of a "national" journal upon the list of crown witnesses is an unparalleled wrong. But Sir John Gray was still more instructive. From him we learn that a witness summoned to assist the crown in the prosecution of sedition is placed in an "odious position." Odious it may be, but in the eyes of whom? Surely not of any loyal subject? A paid informer, or professional spy, may be personally odious in the eyes of those who make use of his services. But we have yet to learn how a subject who is summoned to come forward to assist the government fills an odious position in the opinion of his loyal fellow-subjects. We should rather have supposed him to be entitled to their gratitude. However that may be, Sir John Gray came gallantly to the rescue of several "gentlemen connected with his establishment," whom, he was informed, the government intended to summon as witnesses. This, he knew, they would all refuse. "I suggested, if any unpleasant consequences should follow, that they should fall on the head of the establishment alone." He called upon the authorities to summon him. We do complain of our police-courts being made the scenes of open avowals of determination to thwart, or, at least, not to assist the government in their endeavours to prosecute treason and sedition. We can imagine no principle on which a subject could object to assisting the crown as a witness, which, if followed to its logical consequences, would not justify open rebellion. It is certainly a dangerous doctrine to preach that it is allowable, nay, even praiseworthy in a subject to refuse to give evidence when called upon to do so by the crown. There is a disposition too prevalent in this country to regard the law as an enemy, and opposition to it, either by passive obstruction or active rebellion, as a praiseworthy and patriotic act. Can we wonder at this when we hear opposition to constituted authority openly preached by the instructors of "the nation," and witness the eagerness of the "national press" to free itself from the terrible suspicion of coming to the assistance, even involuntarily, of the government in its struggle with sedition and treason?
It was amidst such an outburst of vexation and indignation as this, even from the government journals themselves, that the curtain rose next morning on Act II. in the Head Police Office. A very unique episode commenced the proceedings on this day also. At the resumption of the case, Mr. Murphy, Q.C., on behalf of the crown, said:—
Mr. Sullivan and some other gentlemen complained yesterday of having been served with summonses to give evidence in those cases. I am directed by the attorney-general to state that he regrets it, and that it was done without his authority. He never gave any directions to have those persons summoned, nor was it done by anyone acting under his directions. It occurred in this way. General directions were given to the police to summon parties to give evidence in order to establish the charge against those four gentlemen who are summoned for taking an active part in the procession. The police, in the exercise of their discretion thought it might be necessary to summon parties who took part in the procession, but there was no intention on the part of those aiding on behalf of the crown to summon parties to give evidence who themselves took part in the procession, and I am sorry it occurred.
Mr. Dix—I may mention that a magistrate when signing a summons knows nothing of the witnesses. If they were all living in Jamacia he merely signs it as a matter of form.
Mr. A.M. Sullivan—I thank your worship and Mr. Murphy, and I think it will be seen that had your worship not allowed me yesterday to make the protest I did, the attorney-general would not have the opportunity of making the disclaimer which it became the dignity of the government to make. The aspect of the case yesterday was very adverse towards Sir John Gray, myself, and other gentlemen. Although my brother signed his name to the notice, he was not summoned as principal but as a witness, but if necessary, he was determined to stand side by side in the dock with Mr. Martin.
Mr. Allen—I am very glad of the explanation, because I was blamed for allowing persons making speeches here yesterday. I think if a man has any ground of complaint the sooner it is set right the better.
Mr. Sullivan—I have to thank the bench.
Mr. Allen—I am glad that a satisfactory arrangement has been come to by all parties, because there is an objection entertained by some persons to be brought into court as witnesses for the crown.
Mr. Sullivan—Especially a public journalist.
Mr. Allen—Quite so.
Mr. Heron then proceeded to cross-examine the witness.
It was elicited from the government reporter, that, by a process which he called "throwing in the vowels," he was able to make Mr. Martin's speech read sufficiently seditious. Mr. D.C. Heron, Q.C., then addressed the court on behalf of Mr. J.J. Lalor; and Mr. Michael Crean, barrister, on behalf of Dr. Waters. Mr. Martin, on his own behalf, then spoke as follows:—