From the Yorkshire Gazette, 21 October 1843:
“ARREST OF DANIEL O’CONNELL AND HIS CONFEDERATES
Mr O’Connell, and his son, Mr John O’Connell, have been placed in the hands of justice, under the following warrant:
‘Whereas Daniel O’Connell, of Merrion Square, in the city of Dublin, Esquire, hath been charged upon oath before me, the Honourable Charles Burton, one of her Majesty’s justices of the Court of Queen’s Bench, in Ireland, for that he did unlawfully and seditiously conspire with certain other persons unlawfully and seditiously to excite discontent and disaffection in the minds of her Majesty’s subjects, and to excite her Majesty’s subjects to hatred and contempt of the government and constitution of the realm, as by law established, and to unlawful and seditious opposition and resistance to such government and constitution, and to induce and procure divers large numbers of persons to assemble and meet together in order, by intimidation and the demonstration of physical force, to procure changes to be made in the constitution of the realm as by law established; and to excite jealousies and hatred between different classes of her Majesty’s subjects…. and also for having on different days and times unlawfully and seditiously met and assembled with divers other evil-disposed persons for certain seditious and unlawful purposes; and also, that he excited divers other persons to meet and assemble themselves together on different days and times for the like seditious and unlawful purposes; and also that he seditiously published divers malicious and seditious libels of and concerning the government and constitution of the realm as by law established; and all such other matters as shall be alleged against the said Daniel O’Connell, by her Majesty’s Attorney-General. These are, therefore, in her Majesty’s name to command you and every of you forthwith to apprehend and bring before me… the body of the said Daniel O’Connell, that he may answer the said charge, and be further dealt with according to law.’
By the following account of the manner of the arrest, it will be seen that every possible delicacy was observed towards the parties arrested. This was as it ought to be the end of the proceeding was to make the parties amenable to justice, and that end being secured, the officers of the crown best proved their confidence and their calmness by sparing whatever might seem harsh, insulting, or revengeful.
‘Shortly after the celebration of mass at the residence of Mr O’Connell, about half-past nine o’clock on Saturday morning, Mr Kemmis, crown solicitor, waited upon him, and presented to him a paper, intimating that the government had instituted proceedings against him on a charge of conspiracy and other misdemeanours. The communication went on to desire that Mr O’Connell would indicate a time at which he and Mr John O’Connell should enter bail before Mr Justice Burton in £1000 each, to answer any charge that may be preferred against them by her Majesty’s Attorney-General. After some conversation between Mr O’Connell and Mr Kemmis, who, we understand, acted with the greatest courtesy, the hour of three o’clock on Saturday was fixed upon to enter bail, at the residence of Mr Justice Burton in Stephen’s Green. Mr Kemmis then withdrew.
At eleven o’clock on Saturday forenoon, Mr Justice Burton appeared in chamber, at the Four Courts, and remained for an hour, in accordance with his practice, to hear motions out of term. His lordship rose at twelve o’clock and walked home. Many persons attended in the chamber, on the supposition that some proceeding would take place in regard to the state prosecutions; but, of course, nothing was done, as the arrangement had been made for three o’clock in the afternoon.
At a quarter to three o’clock, Mr O’Connell, accompanied by John O’Connell, Esq, MP, Daniel O’Connell jun., Esq, Cornelius McLoughlin, and Jeremiah Dunn, arrived at the residence of Mr Justice Burton. All the parties were shown into the beautifully decorated drawing room, which contains a large collection of pictures of the rarest and finest character.
Mr Pierce Mahony, as solicitor for Mr D O’Connell, and Mr John O’Connell, having called upon the Crown solicitor for copies of the information, and being refused, the following notice was served upon him: –
Pursuant to act of parliament, 6 and 7 William IV, cha 114, I hereby require and demand to have copies of the examination of the witnesses respectively upon whose depositions respectively I have been this day held to bail; and I hereby offer payment of such reasonable sums for the same as may be demanded for same. Dated this 14th October 1843. Daniel O’Connell.
A considerable crowd collected round the door, and Mr Kemmis and Mr Bourne, the crown solicitors, and the learned judge being now in readiness, all the parties present assembled in his lordship study.
Mr O’Connell requested to see the information upon which the warrant was issued, and having read it over, said he was ready to enter into bail to the amount required. When he attempted to sign the recognisance, the pen was so bad that he quaintly remarked – This pen was not made for the purpose of writing.
Mr O’Connell appeared in right good spirits, and certainly presented a strong contrast to some of his kind and ardent friends around him.
The bail bonds having been duly signed and agreed to Mr Mahony handed Mr Bourne the notice set forth above.
Mr Bourne said that now the recognisances were perfected he would give copies of the information which he could not do before.‘
After his arrest, and the perfecting of bail, Mr O’Connell issued the following address.
‘TO THE PEOPLE OF IRELAND
Merrion Square, Oct 14, 1843
Beloved fellow Countrymen – I announce to you that which you will hear from other quarters – namely, that I have given this day bail to answer to a charge of ‘conspiracy and other misdemeanours,’ the first day of next term. I make this announcement in order to conjure the people, one and all, to observe the strictest and most perfect tranquillity. Any attempt to disturb the public peace may be most disastrous, certainly would be criminal and mischievous.
Attend, then, beloved countrymen, to me.
Be not tempted by anybody to break the peace, to violate the law, or to be guilty of any tumult or disturbance. The slightest crime against order of the public peace may ruin our beautiful, and otherwise, triumphant, cause.
If you will, during this crisis, following my advice, and act as I entreat you to do, patiently, quietly, legally, I think I can pledge myself to you, that the period is not distant when our revered Sovereign will open the Irish parliament in College-green.
Every attempt of our enemies to disturb the progress of the repeal hitherto has aa directly contrary effect. This attempt will have the same result unless it be assisted by any misconduct on the part of the people.
Be tranquil, then, and we shall be triumphant.
I have the honour to be your ever faithful servant.
Daniel O’Connell.‘”
According to the Galway Vindicator, the way in which O’Connell was treated showed how different he was from the ordinary case of conspirator, the newspaper noting that Judge Burton had not only received O’Connell with a hearty shake of the hand, but had repeated this act on saying goodbye.
The trial of Irish barrister and politician Daniel O’Connell for conspiracy did indeed take place in the Four Courts the following year, and it is thanks to this event that we have some of the most beautiful illustrations of the Four Courts of its time. The trial was a dramatic one, with some interesting events: a large and loyal number of members of the Junior Bar attended to show their support of O’Connell, and the Attorney General, annoyed by a remark passed by opposing counsel in the course of the trial, sent a note over to him challenging to a duel (the challenge was not taken up).
O’Connell was convicted of conspiracy and spent three months in prison before his conviction was overturned by the House of Lords. Despite much celebration on his release, the Parliament never re-opened in College Green, and he died in 1847.
The statue to O’Connell in Sackville Street, the premier street of Dublin later changed to bear his name, went up some years later. The location was chosen because this was the way that O’Connell had walked to work in the Four Courts from his home in Merrion Square; these walks to work, accompanied by a bevy of ragged Dublin boys, known as his ‘police’, and punctuated by a daily stop outside the house of the man O’Connell had killed in a duel, were famous. A large lamp had previously stood on the spot.
Share this:
