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which Finney was acquitted of the trial for a libel; and yet we are aware charge of high treason_each contain- that the omission could be defended on ing a favourable specimen of Curran's the ground that the report was not surpassing eloquence—an eloquence worthy of insertion. This, we believe, in kind and degree unequalled in his would be a valid defence ; but then it own day, or, as we are informed, in is a defence of which no editor could ours, except in the passion and power reasonably avail himself, who had given of Mr. Whiteside's addresses. The the substance of the report, as if it circumstances of these trials are too were truth, in his own compilation. well known to adınit of being dwelt Mr. M Nevin states there is no correct on at any length. We would, how- report of Orr's trial.

How is this to ever, suggest to Mr. M.Nevin that his be accounted for. The trial was the introduction to Finnerty's trial is a great most memorable of all those in which and a manifest defect in his volume. the state prosecuted in that time of

The trial which furnished an occa- trouble and alarm. The result of the sion for Finnerty's libel should have trial appears to have had a most extenbeen given in full, not in an editor's sive influence. The memory of the version of it. A report of that trial sufferer was honoured with an almost exists—it is evidently in Mr. M‘Nevin's superstitious veneration. He served possession; he ought to have placed as a martyr for the convivial meetings it before his readers. To tell them in of political reformers. The press of a note that “there is no correct re- the times was, (as the character of the port of the trial, and it is therefore leading journals of the Union will offered in the shape of narrative, show, as indeed was manifested in the ample enough to illustrate the trial of publication in which Finnerty was proFinnerty, which sprung from it,” and secuted, daring enough to have put forthen to refer to this incorrect report ward all that had åppeared favourable from time to time as the sole authority to Orr on his trial, and to put forth a for certain statements, is not to act the correct report of the whole trial, if part of an unprejudiced editor in a such a report would render best service case of so much delicacy as he had

to his memory.

And yet, as Mr. taken upon him to represent. Having M'Nevin informs his readers, “ there undertaken to publish reports of cer- is no correct report of the trial."* tain state trials, he was no further Lord Clare, in his place in the house responsible than for his selection of of Lords, gave an account of the trial the best, and best authenticated. In of Orr, and of the circumstances attenhis notes and observations he could dant on it, which it would be culpable expose inaccuracies and supply defects, to omit. In many respects his lordbut he ought not to have offered his ship's statements correspond with those own version as the substitute for a re- of Mr. M.Nevin :port to which, from time to time, he refers his readers, while he affords

“ I have informed myself,"said the nothem no opportunity of applying to it.

ble earl,t “accurately of the circum

stances which attended this unhappy This defect ought to be supplied by

man's conviction, which I will state; and as an appendix, or in a second edition.

I state them in the hearing of the noble and We would suggest also the expediency learned lord who sate upon his trial, if I of indulging his readers with a good should commit any the most trivial mistake, general index, and a more complete I have no doubt he will set me right. He table of contents. With these addi- was indicted for administering an unlawtions Mr. M.Nevin's published reports

ful oath to two soldiers of the names of will prove very useful, interesting to

Wheatly and Lindsay-an oath certainly

intended to seduce them from their duty; the reader, and furnishing valuable materials to the historian.

what led to the discovery of their sedi.

tion was, the seizure of some official We have censured Mr. M.Nevin's omission of the report of the trial of

papers at Londonderry, upon a committee

of United Irishmen, in which these two William Orr—a report which should soldiers were returned by name, by one naturally precede that of Finnerty's of their corresponding committees, as

* Trials, p. 482.
† Speech on a motion made by the Earl of Moira, February 19, 1798.

• being up,' which is the cant of the brotherhood to describe its members : these men were immediately seized by their officers, and examined separately; and on their examination, they both agreed in the detail of their evidence; and having sworn information before a magistrate against Mr. Orr, for having administered an oath of seduction to them, he was arrested, and brought to trial. On his trial, both the soldiers were examined, and proved distinctly that Orr had administered the oath to them, in the presence of several persons uhom they named ; and after a long and puzzling cross-examination, as I am informed, nothing appeared which could invalidate their testimony. An attempt was made by the prisoner in his defence to impeach the credit of one of themI think of Wheatly—in which he failed so completely, that the learned judge would not even take down the evidence in his note-book; but no attempt whatever was made at or after the trial, to impeach the credit, or invalidate the testimony of Lindsay; and although both the soldiers named several persons who were present when they were sworn by the prisoner, not one of them was produced on his part, or examined in contradiction to the soldiers. On this evidence the jury found him guilty, and recommended him to mercy. The next day a motion was made in arrest of judgment; and to the scandal and disgrace of the profession to which I belong, in a partial and garbled report of the trial of this unhappy man, which every lawyer who reads it must see is the production of a barrister, the public are given to understand there was but one count in the indictment to which the objection was made in arrest of judgment; and the public are also given to understand that this unhappy man was tried and convicted under an expired statute, although it is clear as any point could be, that the original statute could not have expired till the end of this session of parliament, and an act had passed last year for explaining and amending it, which is altogether suppressed; and although there were three counts in the indictment, to all of which the evidence on the trial equally applied, and two of them were unobjected to by the prisoner's counsel, yet is this circumstance also suppressed: and in the same garbled and mutilated report, an affidavit of two of the jurors is printed, that whiskey was introduced into the jury-room, and that they were drunk when they gave their verdict; and to the scandal and disgrace of an honourable profession, one of the prisoner's counsel is represented as having stated this affidavit in

open court, on the flimsy pretence of moving the court of oyer and terminer for an attachment against the jurymen, upon the voluntary affidavit which they had been prevailed upon to make, accusing themselves of having given their verdict in a state of intoxication; and in the same report the voluntary affidavit of a dissenting clergyman, taken most improperly by a magistrate, after Orr's conviction, is also printed, in which he states, sometime since he attended Wheatly, at the village of Rashaken, in a sick bed, when he expressed that he had committed a number of crimes, and amongst these, the crime of perjury; and in the same affidavit he describes Wheatly pretty plainly as being in a state of mental derangement when he made this confession. On the return of the learned lord to town, he laid the recommendation of the jury before the Lord Lieutenant, and being asked by his excellency whether he had a doubt on his mind of the guilt of Mr. Orr, and whether he would join in recommending him to mercy, the learned lord declared that he had no doubt on his mind of the guilt of this unhappy man, and that he could not recommend him to mercy consistently with his duty. His excellency, notwithstanding this declaration of the learned lord, respited Mr. Orr, to give time for inquiry, whether any justifiable ground could be laid for extending mercy to him ; and finding that nothing could be substantiated to shake the justice of his conviction, the unhappy man was left for execution. The affidavits which I have stated never were laid be. fore the Lord Lieutenant; but if they had, is there a man with a trace of the principles of justice in his mind, who will say that such affidavits ought to be attended to-is it to be supposed that a judge would receive a verdict from a jury in a state of intoxication; or was it ever heard that a juryman was received by voluntary affidavit to impeach a verdict in which he had concurred? Will any man with a trace of criminal justice in his mind, say that a voluntary affidavit of a person not produced, unexamined at the trial, ought to be received after conviction, to impeach the credit of a witness who was examined and cross-examined, and whose credit stood unimpeached by legal evidence ? If such an affidavit were to lay the necessary foundation of a pardon after conviction, I will venture to say, there is no man who may be convicted hereafter of any crime, however atrocious, that will not be able to obtain a similar affidavit."

Such was the statement, and such the reasoning of Lord Clare, delivered in the house of Lords in the presence of the learned lord, before whom Orr had been tried. We apprehend, no doubt is now entertained upon the subject of his guilt. Mr. Madden, in his History of United Irishmen, does not scruple to avow that Orr was connected with that body after the period at which their designs became what would be thought even worse than treasonable. At least we would infer so much froin the following passage:

“James Hope, on the subject of assassinations ascribed to the United Irishmen, informs me, that at the so. ciety established at Craigarogan, they came to a resolution to the following etfect : ' That any man who recommended or practised assassination of any person whomsoever, or however hostile to the society, should be expelled.'

“ At a Baronial Committee, held at Ballyclare, near Carrickfergus, James Hope and Joseph Williamson proposed the resolution above named, it was seconded by William Orr, (who was execused at Carrickfergus,) who said on that occasion, a man who would recommend the killing of another was a coward as well as a murderer.' The resolution, however, was opposed by some of the Belfast meeting, and it did not pass at that meeting. But no society or committee gave a sanction to the practice of assassination."

asked to exclude from its body murderers in intention and act, and refused to cleanse itself? or he who, having been lured into the society, under de. lusive pretexts, separates himself when he finds out its flagitious mystery, and denounces it to public justice? Which is baser or worse ?-the informer against whom no charge can be alleged, except that of having prosecuted members of a body which sanctioned the practice of assassination ? or the man who continues to belong to that body, having such evidence as Orr had of its flagisious indifference to crime, and who has the sinful merit of guarding its foul tecret? But we must pause ; there is much in Mr. Madden's volume as well as in the leading state trials, upon which we feel tempted to enlarge, but we have not space for such an indulgence.

With respect to the views disclosed in the editorial observations which accompany Mr. M‘Nevin's reports,weaccount them to a very great extent erroneous; but we do not dispute the sincerity with which they are entertained, or censure strongly the spirit in which they are avowed. Mr. M.Nevin has made himself master of the arguments of the party whose champion he appears to be, so far as such knowledge is compatible with ignorance of the case against them. This one-sided information he displays with an air of frankness, which could scarcely be retained by one who knew how false it was; and with sufficient ingenuity to make his case seem plausible to all who will take it on his showing. The spirit, too, in which he makes common cause with the culprits whom he represents as oppressed men, and denounces the informers who betrayed or bore witness against them, and even the government, which did not spare and screen them, resembles generosity; and might indeed lay claim to the name of that virtue, if it could exist in a total estrangement from justice. But it will not impose upon, or seduce, those who hold justice to be essential to all moral worth ; they will not confound the anger aroused on seeing guilt betrayed by an instrumentality like itself, and which it would have made its own, with the virtuous indignation which espouses the cause of oppressed innocence.

Such is Mr. Madden's statement, and such his singularly daring assertion.

It is proposed in a Baronial Committee,' that any man who recommends or practises assassination shall be expelled,” and the proposal is negatived. Did not the committee which came to such a decision sanction the crime they refused to punish ? Did not they who thus affirmed their resolution to hold communion with mur. derers, sanction murder? Mr. Madden does not inform his readers that this abominable vote influenced Orr to renounce the society of the abettors of murder who had come to it. Strange that the memory of a man who could continue to sit in such society, should ever have been had in honour. We would appeal to the common sympathies of any honest man, whatever his politics-- who was most to be execrated? -the man who could continue in membership with a society which was

* United Irishmen, second series, vol. ii. App. 356.

The case fairly deluceable from the few. The times were so pregnant "leading state trials," and the cir. with disorder and alarm, that they cumstances in which they were brought might explain and excuse, although to an issue, admits of being briefly they could not justify, some instances stated; and the adverse statements of in which the law did not exercise due it admit of a ready and instructive discrimination — some instances in comparison. The condition of Ire- which the innocent were sufferers : but land and of Irish society

at the we firmly believe, that, considering epuch of the trials, was one of ex- the magnitude of the evil, the purtreme peril. A very large proportion pose and strength of the conspiracy, at of the superior and middle classes en- the close of the last century in Iregaged in a formidable confederacy, and land, there never was, at any period of covering treasonable purposes under the world's history, a case in which constitutional pretexts—the far greater those were so few who suffered unnumber of the humbler classes bound justly from the sentence of the together in a conspiracy, which had law. Let this be said in behalf for its object the extermination of of the government.

Let the case Protestants, and the accomplishment against government be also stated. of a separation from England through Spies and informers were employed for the intervention of France ;- the the purpose of bringing traitors to conarmy, to no small extent, tainted by viction; and of separating, let it be the same treasonable spirit--foreign added, their case from that of the inno. agents taking advantage of all oppor- cent, who were thus kept unharmed. tunities in their power to propagate

We leave these statements to the disaffection, or to extend and consoli- reader, and make no attempt to predate a treasonable organization—this judice or persuade him into a prefearful combination the government of ference for either. We enter into no the day put down; many of the pro. defence of the Irish government for moters of it they punished. In their the undue indulgence, or the indecision, prosecution of guilty men they often which may have given conspirators had recourse to witnesses no less encouragement and hope in the years criminal_witnesses who, in some in- previous to the epoch of the trials. stances, had been corrupted by the We enter into no investigation of their culprits they prosecuted to conviction. general conduct in the breaking up of Their crime is, not that they con- a baleful conspiracy, or the suppression demned or punished innocent men, of a rebellion. As to the trials, with but that they employed some bad which alone we are concerned, we affirm men as their agents.

that few persons, if any, were condemned peal to the history of the fearful days who were not guilty of the crime and of which we write, and to the dis- charge for which they suffered ; and closures of times more recent, and we for the employment of informers, we confidently affirm, that there is no should take shame to ourselves were we precedent, to be found in the annals of to think of setting such a charge in any country, comparable with that the balance to be weighed against the which has been set in the “ leading merit of saving the empire—the lives trials"_no one case in which such a and fortunes of loyal subjects—at an conspiracy was baffled, and the victims

expense of convicting before the tri. to offended justice, guiltless of the bunals of the country so very few who offence for which they suffered, so merited acquittal.

We ap

VOL. XXV.–No. 145.

D

OF THE NIGHTMARE.

To our fathers, in their straightfor- nifies to cover or squat ; in High ward way of looking at things—un- German, kauern. From kuuchen and sophisticated by the Sadducean phi- Mahr we have cauchemar,the cowering losophy that every where lends its goblin. The modern Germans use, colouring to the views of their chil- instead of Mabr, the word Alp, the dren—the Nightmare was a wandering affinity of which to the English elf is demon, or imp of darkness, which, evident. Indeed, in northern fable all either for its own inscrutable impish spirits of baser sort (what we call pleasure, or under the mysterious con- sprites), as fays, goblins, &c., are straint of some occult force of sym- named Alfen or Elfen.

In some pathy, or spiritual attraction, issued

parts of Germany, the words Schroterforth nightly from the place of such lein and Schretzel are used, which have spirits, seeking among mortals whom a tone of endearment about them, and it might ride in his sleep. Then, woe no doubt are propitiatorily intended. * to him that had swinishly exceeded in All these point equally to a belief in his eating or drinking at the day's last the personal subsistence of the Nightmeal—supping “not wisely, but too mare, a belief indicated no less, in a well." Woe to him that said not his widely dissimilar quarter, by the Greek prayers before going to bed, or that, Ephialtes and the Latin Incubus, as lying down, neglected to commend his well as by the curious term Balbutzibed itself to the tutelage of the hea- carius, which Adelung finds in the venly powers! Such a one, ere the writers of the Middle Empire. night was old, saw, between waking Our philosophy, confident that there and sleeping, the Nightmare sitting is nothing in heaven or earth but upon his breast-a bloated, unsightly what it is awake to, gives altogether thing, staring upon him with eyes different account of the matter. The fraught with a hellish fascination, and sense of pressure, it tells us, experi. pressing out his breath with the weight enced by the sufferer from nightmare of its most abominable hams. Passive, (for it will not so much as spell the without motion or speech, he lay, in word with a capital letter) is simply terror and anguish, gasping mutely ; the effect of a congested state of the for the power of those Gorgun eyes lungs, or of an overloaded condition was in his brain, and thence rayed of the stomach. A sensation is occaforth influences along every nerve,

sioned like that of a load lying upon and laid its thrall upon every muscle ; the chest, and the dreaming phantasy and his limbs were the Nightmare's, forthwith suggests an outward cause and not his own. All human life and of the sensation, and shapes to itself fellowship, the sun-gladdened earth the cowering phantom, as hideous in itself, with all solace of its helpful form as the effect which it is brought hands and cheery voices, seemed passed in to account for is distressing. Thus on its way, leaving him behind, for- we now admit only a subjectire nightgotten, alone with the Nightmare, in a mare, whereas our fathers believed in world of darkness and void.

an objective one. The old German name for this ob- Obviously, neither opinion is capascene spirit was Mahr, from which our ble of proof, and every one will adopt Nightmare is derived.

Of the same that which seems to him most probastock is the French cauchemar. In the ble; that is, which best connects itself L'pper German the word kauchen sig- with his theory of things in general.

* In the same spirit of conciliation, the most mischievous personage of the English fairy mythology is called Robin Goodfellow.

"Those that Hob Goblin call you, and sweet Puck,
You do their works, and they shall have good luck.”

Midsummer-night's Dream.

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