A long conversation then ensued, but Mr. O'Malley could only elicit that Brady had, of his own accord, informed his master of all he knew on the subject, and that he had done so because he thought it right. He admitted, however, that Mr. Keegan had expressed a desire that the prisoner might be hung. A great many questions were then asked as to the present holding of Ballycloran, to which Brady answered, stating with tolerable accuracy the manner in which Larry at present lived on the property, and the hold which Keegan had upon it. He, moreover, stated that the house was in a very bad state of repair, and that most of the tenants who were left on the property were unable to pay their rent. He then, after much hesitation, owned that he had overheard what had taken place between Keegan and Thady in the avenue, on the day when the attorney had called at Ballycloran—that he had heard the name which Keegan had applied to Feemy, and that he had seen the manner in which Thady had been struck.

He was then asked whether he himself had not cautioned Thady against Ussher, telling him the reports that were going through the country as to Ussher's treatment of his sister. This he denied, stating that it wasn't probable that "the likes of him should go to speak to his masther about such things as that." He was repeatedly questioned on this point, but Mr. O'Malley could not shake his evidence. Brady, however, owned that in talking to Thady about Ussher, he had called the latter "a black Protestant," and that he had always spoken ill of him; "and now," continued Mr. O'Malley, "I don't wish to ask you any questions by answering which you will criminate yourself; but you have already said that you have been a visitor at Mrs. Mulready's shop?"

"Oh yes, I've been there."

"And you have been there when certain persons swore that before twelve months were passed, Captain Ussher should be under the sod?"

"Yes; I swear I heard thim words, and saw the boys take the oath."

"But to the best of your belief the prisoner was never at this house when such an oath was taken?"

"Is it Mr. Thady? He was niver at mother Mulready's at all."

"But he met the party who had taken this oath at your sister's wedding?"

"He did."

"And the same subject was spoken of there; was it?"

"What subject?"

"The propriety of sodding Captain Ussher?"

"I don't know about propriety."

"Well, then, the advisability of doing so?"

"Oh, yer honer, I aint no scollard. I can't make nothin' of thim long words."

"At any rate, they talked of sodding Captain Ussher at the wedding—didn't they?"

"I niver said so."

"Well, but did they?"

"Talk of sodding him! Faix I don't know; I don't think they said sodding."

"Did they say killing?"

"I won't say they did."

"Or murdering?"

"No; they did not say nothin' about murdher."

"Oh; they did not say anything about murder,—or doing for him? perhaps the prisoner and the other boys agreed to do for him?"

"Maybe they did—maybe you were there; only if so I disremember you; but thim's not the words I swore to."

"Well, they didn't agree to sod him, or kill him, or murder him, or do for him; what was it they were to do for him?"

"They were to rid the counthry of him."

"What—make the country too hot to hold him? eh, is that what you mean?"

"It don't matter what I mean; that warn't what they meant."

"And how do you know what they meant?"

"Why, they meant to kill the man; you know that as well as I."

"But I don't know it—nor do I think it; nor what is more, do you think it; for you are sharp enough to know that where there are so many figurative terms in use to signify murder, it is not probable that had they, on this occasion, wished to signify murder, they would have used a phrase which every one knows expresses an intention to drive a man out of the country. Yes, sir, you know that not one of the party would have dared to propose to Mr. Macdermot to have a share in murder. You and they talked of murder at Mrs. Mulready's, but you know that for your life you would not have dared to mention it before Mr. Macdermot. Now tell me how long was the prisoner at the wedding party?"

"Maybe three hours."

"Was he sober when he came in?"

"He war."

"Was he sober when he went out?"

"Sober when he went out?"

"Yes, sir; was he sober when he went out?"

"I don't think he war—not to say sober."

"Wasn't he mad drunk?"

"Mad dhrunk?"

"Don't repeat my words, sir; wasn't he mad drunk?"

"Faix, that's thrue for you, sir—they're not worth repeating; no, he war not mad dhrunk."

"Was he drunk? and mind, sir, you are on your oath—and there were many others present there who will prove whether you answer this question truly or falsely; was he drunk when he left the wedding party?"

"'Deed then I don't know; you can ask thim as war there besides me."

"But I choose to ask you, and I choose that you should answer me; was he drunk?"

"Don't I tell you that I don't know?"

"On your oath you don't know whether he was drunk or not?"

"He war screwed; divil a doubt of that; but thin, he could walk—I wouldn't call him dhrunk."

"Wasn't he nearer being so than you'd seen him for many months?"

"Faix, he war. I didn't see him so bad since Leitrim fair, two years back."

"And now you say, that at the wedding, the prisoner promised in a day or two to meet the same boys at Mrs. Mulready's, to settle their plans of ridding the country of Ussher?"

"Yes; about that and other things."

"And the prisoner never kept that appointment?"

"No, Mr. Thady niver went there."

"Did you ever say anything to him about not going there?"

"Oh, I did; we were discoursing about it."

"And what did you say to him on the subject?"

"Why, I towld him av he guv the boys a promise, he oughts never to go back from his word."

"That is to say, you endeavoured to persuade him to go?"

"By-dad, I don't know about persuading; it warn't for the likes of me to persuade him."

"On your oath, sir, didn't you endeavour to induce the prisoner to go to Mrs. Mulready's?"

"I towld him he ought to be as good as his word."

"Yes, you did; and you think he ought to have gone?"

"May be av he'd gone there, he'd never have stood here this day."

"You wanted him to go to Mrs. Mulready's, then?"

"Wanted! No, I didn't want nothing about it."

"You only asked him to go?"

"Jist as I towld you; I said av he guv the boys his word, as a man he shouldn't go from it."

"Did you say anything to him about Mr. Jonas Brown?"

"Jonas Brown?"

"Yes, Mr. Jonas Brown, the magistrate?"

"Faix, I don't know. I can't rightly say."

"Think now, my man; when you were trying to persuade your master to go to the widow Mulready's, did you mention Mr. Jonas Brown's name?"

"D'ye think I do be counting my words that way; how am I to say all the names I mintioned four or five months back?"

"On your solemn oath don't you remember mentioning that gentleman's name to the prisoner with reference to his visit to Mrs. Mulready's?"

"What, Jonas Brown's name?"

"Yes."

"Faix I may."

"Don't you know you did?"

"Faix I don't."

"Didn't you threaten your master, that if he did not attend the meeting, some of the boys would swear against him, before Mr. Brown, for having joined the party and taken the oath at the wedding?"

"What av I did?"

"But did you?"

"Maybe I did—maybe I didn't; I disremember thim little things."

The cross-examination continued for a considerable time; but nothing further that was material could be drawn from Brady. He seemed even more unwilling to answer Mr. O'Malley, than he had been in replying to Mr. Allewinde, and at last he was sent off the table.

The next witness called was McGovery, who had been summoned on behalf of the prosecution. He was asked whether he had not suspected that some foul play was intended against Ussher, and he stated in what manner he had, in the first place, cautioned Ussher himself—then that he had told the same thing to Father John—and that after overhearing a portion of the conversation at Mrs. Mehan's, he had gone to Father Cullen, for the purpose of informing him that he feared there was a conspiracy against Mr. Keegan. Little, however, could be learnt from him, for he owned that he had no substantial grounds for his suspicions in the first case, and that he had chiefly been led to fear an attack upon Ussher, from knowing his unpopularity and the bad character of many of the guests expected at the wedding. Mr. O'Laugher tried to make him say that the conversation at Mrs. Mehan's had been confined to Keegan, and the threats which he had heard uttered against him; but McGovery would not say as much as this; he stated positively that he had never heard Ussher's name mentioned, but that during a considerable portion of the evening he had been entirely unable to hear a word that the men said; he declared, however, positively that Thady was drunk when he left the room, and that it appeared to him that he, Thady, had taken very little part in the conversation before he was drunk.

When this witness went off the table, Mr. Allewinde declared that the case for the prosecution was finished—stating at the same time that he abstained from feelings of delicacy and respect from putting the prisoner's sister into the witness box; and that he should trouble her with no questions unless she were placed there by the counsel for the defence.

Mr. O'Malley then rose to address the jury on behalf of the prisoner, and spoke to the following effect:—

"Gentlemen of the jury, it now becomes my duty to address to you such words as may best suit to point out to you the weakness of the evidence against the prisoner—to explain to you the different objects we had in our lengthened cross-examination of the witnesses—to inform you what we intend to prove on behalf of the prisoner from further witnesses—and, in fact, to put the case before you in a light, and point of view, differing as widely as I can make it do from that in which my learned friend has presented it to you. This you are aware is the general duty and constant object of a counsel endeavouring to obtain a verdict of acquittal from a jury. It is a duty in which long practice has made me familiar, if not skilful; and I never undertook that duty with the same assurance of its facility, as that which I now feel, after having heard the evidence which has been brought forward on the prosecution. I knew beforehand, as surely as one can trust to human knowledge, that the evidence would fail; but knowing the acute legal abilities of my learned friend, and the extraordinary avidity which exists among a large class of men for a verdict against the prisoner in this case,—remembering, I say, these things, I did not expect such a total break down, such an exposure of weakness as that which has been just made before you. Were my object merely to rescue the prisoner from an ignominious death—had it been my mere duty on this occasion to obtain an acquittal, I should feel no hesitation in requesting his lordship at once to send the case before you, with such remarks as the evidence would call forth from him; and I should consider that I was only wasting the time of the court in pointing out to you the insufficiency of the evidence, in which each of you must perceive that nothing whatever is proved against the prisoner; but I have been employed with another object; and I must own to you that so great is my own personal anxiety—so terrible and so undeserved the present position of that unfortunate young man, and so essentially necessary is it for his future happiness, that I should effect my present object;—I must own to you, I say, for these reasons, that from the time when I first found myself standing in a crowded court to address a jury, up to the present moment, I have never felt so little self-confidence, or experienced so total a prostration of that assurance, which is a lawyer's first requisite, as I do at present.

"I have said my object in addressing you is not merely that of obtaining an acquittal; and I said so because a mere acquittal will serve that unfortunate young man but little. Unless he can walk out of this court with such a verdict as, damning as it may be to others, will altogether cleanse his name from the stain of guilt in this matter; unless he can, not only save his neck from the halter, but also entirely clear his character from the gross charges which have been brought against him,—he would as lief go back to the cell whence he has come, as return to his father's house acquitted by the voice of law, but condemned by that of opinion.

"On this account I am debarred from many of the usual resources of counsel pleading for a prisoner; I am forbidden to make use of legal points in his favour; I am forbidden to effect an escape by the numerous weak points in the enemy's plan of attack; I am desired to meet him face to face in the open field—to fight under no banner but that of truth, and not to strike my adversary below the belt. You are aware that this is a line of conduct as rare as it is difficult in a criminal court—when an advocate has to contend for his client against the law—where every possible means of success which legal ingenuity can devise is taken in the prosecution, and where you are accustomed to hear every legal technicality used in the defence.

"Had I not received instructions of so peculiar a nature, I should point out to the jury that no proof has been given direct or circumstantial, that the prisoner was the person by whose hands Ussher fell; instead of doing so I am to declare that he did, as he is supposed to have done, kill the deceased in the avenue of Ballycloran, by striking him twice with his stick. I am to justify that deed, and disprove the charge of his having entered into a conspiracy to murder the man, whom he did kill.

"The prisoner, you have been told, and are probably all aware, is above the rank of men whom you are mostly accustomed to see placed in that dock. He is the only son of a gentleman, living on his own small estate, and has for some years past acted as his father's sole agent and manager.

"I must now tell you a few particulars respecting that estate; and though, of course, you cannot receive as evidence what I tell you, still this course will be necessary, as I shall thereby be enabled to explain to you my object in obtaining answers to certain questions which I have asked, or shall ask, the answers to which you will take as evidence.

"In the time of the prisoner's grandfather, a house was built on this estate by a Mr. Flannelly, of this town, and the price of the building not having been paid, this man, the builder, obtained a mortgage on the estate for the amount of the debt. This is still due, though the house, as you have heard, is falling to the ground; and it has so been increased by interest not paid up and by legal charges, that it has completely embarrassed the present proprietor, who is even now unable to leave his house for fear of arrest. Mr. Keegan, whose name has often come before you in the evidence, and who, by and by, will be examined himself, is the son-in-law of this Mr. Flannelly, and owns, as I have no doubt I shall be able to prove to you, the whole interest in the estate of Ballycloran arising from this mortgage.

"The prisoner's time, since he ceased to be a boy, has been employed in futile endeavours to satisfy the legal claims of this man; and I shall prove to you by most undoubtable evidence that his industry in this object has been unceasing, and that his conduct as a son and a brother has been beyond all praise. But he has failed—times have been against him—legal costs have so swelled the legal interest as to consume the whole rents—those rents he has been unable to collect, and his life has been one manful struggle against poverty and Mr. Keegan;—and I could not wish my worst foe two more inveterate enemies.

"Some few days before Ussher's death—and now I am going to confine myself to that which I am in a position to prove—Mr. Keegan called on the Macdermots for the purpose of proposing certain terms for the adjustment of the debt, which were neither more nor less than that he should have the whole estate, paying a small weekly stipend for life to the prisoner's father. The prisoner was willing to agree, providing some provision should be made for his sister; but the father indignantly spurned the offer, and turned Mr. Keegan out of the house in no very gentle manner. The prisoner followed him into the avenue—still wishing to come to some arrangement; but the attorney was so enraged at the conduct of the father, that instead of listening to the son, he began abusing the whole family, and, as you have heard, applied the most shameful epithet to the sister with which the tongue of a man can defile the name of a woman. He afterwards struck the prisoner, who was unarmed, heavily with his stick; and I have no hesitation in telling you, that that quarrel, in which no blame appears to have been attributable to the young man, placed him in that dock.

"Brady, the confidential servant of the prisoner, both saw and overheard what took place at this interview, as he has told you, and he afterwards,—as he will not deny, though he will not confess it,—incited his master, during the period of his natural irritation, to go down to the wedding party, to meet a number of his tenants who would be willing to assist him in revenging himself against his enemy Keegan, the attorney, if he would assist them against their enemy, Ussher, the Revenue officer. And here my client made the one false step—and the only one which I can trace to him—and committed that folly from which this bitter foe has thought to ruin him. Irritated by the blow—his ear still ringing with the infamous name applied to his loved sister—full of his father's wrong, and his own hard condition, he consented to meet men whose object he knew was illegal; though what their plans were he was entirely ignorant.

"With reference to what took place at the wedding, I have, in the first place, to remark that from the character of this man Brady, I could confidently call upon you to reject every word of his evidence; and I shall presently show you in what respects and why you are bound to do so. But, in the present instance, I am satisfied to tell you that my client did attend that meeting. But mind, that was no illegal meeting—it was not secret; the door was not locked, nor even closed; it was a party of men met at the wedding of one of their own station. The woman to be married was a sister of the prisoner's servant, and it was natural that he should be present. He directs me positively to tell you that he did attend that meeting; though I also tell you, with confidence, that he committed no crime in doing so, and his lordship will corroborate what I tell you.

"It was, however, a part of the plan organised against the prisoner that he should be induced to commit an illegal act, and he was, as you have heard, brought when drunk to promise that he would go down to Mrs. Mulready's, to take upon himself illegal oaths and obligations.

"On the following day he was invited by this same Brady to come on a certain evening; but Macdermot was no longer drunk; he was no longer infuriated by the gross outrages he had received; and what did he do then? Did he go to Mrs. Mulready's to settle the particulars of this murder which he is said to have premeditated? Did he join these outlaws of whom he is represented to have been the leader? Did he even send them an encouraging message—a word of fellowship? No! Even by the testimony of this man, now so anxious to hang his benefactor—this man, who by his own showing was at the same time in the pay of the prisoner and of his enemy Keegan—he indignantly repudiated the idea; he at once informed this wretch—equally a traitor to his confederates and to his master—that he would have nothing in common with them or their schemes; and although threatened with the vengeance of the party, and with the authority of a magistrate, steadily refused even to enter the house in which they were accustomed to assemble. Why, from what I can learn of the young man and of his daily habits, I do not conceive that there is one of yourselves who would not be as likely to join an illegal society as he would. Patient under poverty—industrious under accumulated sufferings—he has led a life which would not have disgraced a priest; he has been ever found sincere in his thoughts, moral in his conduct, and most unselfish in his actions. Is this the man to join a set of senseless rioters, furious at the imprisonment of their relatives, and anxious only to protect their illicit stills? And this is no empty praise. That what I have said of the prisoner is no more than is his due, will be proved to you by evidence which I defy you to doubt. Well, he did not go to Mrs. Mulready's; but he did go to his friend and priest, Mr. Magrath; and not as a penitent to his confessor, but as a friend to a friend, told him exactly what had passed, lamented his indiscretion, and declared his determination never to put himself in the way of repeating it.

"Up to this time my chief object has been to show to you the enmity existing between Keegan and the prisoner,—the object which the former had in view in ruining the prisoner, and that Brady was a paid spy employed to entrap him.

"I shall now come to the deed itself, and I shall afterwards refer to what absolutely did take place at the meeting at the wedding. I have told you that young Macdermot did kill the deceased. He struck him with the stick which has been shown to you in court, and as he was rising from the blow he struck him again; and no doubt the medical witness was right in his opinion that the second blow occasioned instant death.

"You are, however, aware that circumstances might exist which would justify any man in taking the life of another. If a man were violently to attack you, and you were to strike him on the head and kill him, you would be justified. If you were to kill a man in a fray, in fair defence of a third party, you would be justified. If you were to kill a man by a blow in the quarrel of a moment, you would not be guilty of murder. But I can fancy no case in which death, however much it may be lamented, can lay less of the murderer's stain upon the hand that inflicts it, than one in which a brother interferes to rescue a sister from the violent grasp of a seducer. Such was precisely the case in the instance now before us. My learned friend on the other side has truly told you that Miss Macdermot, the prisoner's sister, had consented to elope with Captain Ussher on the evening on which that man was killed. You have learnt, from evidence which you have no reason to doubt, that she had prepared to do so. In fact, you cannot doubt that she left the house of Ballycloran for that purpose; this has been proved—but there are circumstances beyond this on which it is essentially necessary that you should have evidence, and this evidence can only be given by the young lady herself. I shall therefore have to bring her before you. When my learned friend told you that he would not call upon her, nor question her unless placed in that chair by me, he forgot his usual candour, and assumed to himself credit for humanity to which he has no title. He himself has nothing to learn from her, as he will prove to you if he attempts to cross-examine her. Moreover, he was as fully aware as I am myself, that the prisoner must rely on her alone for anything like a true account of the affray.

"The brother and the sister are the only living witnesses of that scene. He has within him that high consciousness of innocence and rectitude of intention which has enabled him to bear his sufferings, his imprisonment, and the misery of his position, with a fortitude which I not only admire, but envy. But that can avail nothing with you; from the sister's lips you must hear the only account which you can receive, and if we find that she has been unable to recall the dreadful circumstances of that night, that fact will bear me out in the history of the occurrence which I am now going to give you."

Mr. O'Malley then gave as exact an account of the occurrence as he had been able to collect from Thady, from Feemy's evidence before the coroner, and from such words as Mrs. McKeon had been able to extract from Feemy on the subject. He then continued,

"When the prisoner struck Ussher, he had come to the knowledge of what the burden was which this man was dragging, solely from the words which the man had used. Miss Macdermot was lying senseless in his arms, and, supporting her by her waist, he was forcing her down the avenue. The words he used were, 'This is damned nonsense,—you must come now.' Then the brother perceived the fate to which this man was—not alluring—but forcing his sister. At that moment—and it was the only one in which the prisoner had to judge of the circumstances of the case—she was not in the act of eloping willingly; she had seen her brother's form, and had refused, or been unable, to rise from the timber on which she was seated. She was forced from thence by this man, whose death protects him from the language in which his name would otherwise be mentioned. She fainted in his arms, and only came to her senses to find her lover dead, and her brother standing beside her, red with his blood. Yes; he had avenged her!—he had punished the ruffian for his barbarity towards her, and saved his sister from the ignominy to which Mr. Frederick Brown told you with so much flippancy that she had been doomed.

"If this was the young man's conduct, was there anything in it that you can even blame? Which of you would have done otherwise? Which of you will tell me that in avenging the wrongs of a sister, or of a daughter, he would pause to measure the weight of his stick, or the number of his blows. Fancy each of you that you see the form of her you love best in the rough grasp of a violent seducer! Endeavour to bring home to yourselves the feelings to which such a sight would give rise within you! and then, if you can, find that young man guilty of murder, because his heart was warm to feel his sister's wrongs and his hand was strong to avenge them.

"But you have been told that as the prisoner had met certain persons for the purpose of entering into a conspiracy of murdering Ussher—and that that fact would be proved to you—you are bound to consider that his coming across Ussher was not accidental, and that the manner in which he attacked that man whilst carrying off his sister was a part of his preconcerted plan. I first of all deny that any credible evidence, any evidence worthy of the slightest belief, has been brought before you to induce you to suppose that the prisoner had even joined any such conspiracy; instead of which you have strong circumstantial evidence that he had never done so.

"You have most of you, no doubt, heard, on various occasions, from different learned judges seated on that bench, that a crown approver's evidence is to be taken with the greatest caution, and only to be believed in detail, when corroborated by other evidence or by circumstances. Now this man, Brady, on whose sole evidence you are desired to convict the prisoner, has shown himself an approver of the very worst description. You are aware that he was the prisoner's servant; that he is now Mr. Keegan's; that there has been long enmity between these men; that the former has been an oppressed debtor—the latter a most oppressive creditor. Mr. Keegan's spirit towards the prisoner's family you may learn from the scandalous and unwarrantable language which has been proved to you to have been used by him towards them. Mr. Keegan's acerbity has been increased by the mutilation he has undergone, and which he conceives he owes to his interference with the Ballycloran property. This man and the witness Brady have, as you have heard, constantly been talking over this trial, and the attorney, it seems, has repeatedly expressed to his servant his ardent wish that the prisoner might be hung. This is his expressed eager desire; and then this new servant, but long-used spy, comes forward boldly to swear away the prisoner's life! Why it would be ridiculing you to suppose you could believe him. Then look at the man's character. He was a constant attendant at that scene of villany into which he vainly endeavoured to seduce the prisoner at Mrs. Mulready's. It is plain enough that Ussher's death was a constant theme of discourse at that haunt; it is plain enough that a project did exist there to accomplish his murder; and is it not plain enough that this man was one of the conspirators—one of the murderers? Would he have been admitted to their counsels—to their dangerous secrets—unless he had been an active participator in their plans? Would they have taken in his presence a solemn oath to put this unfortunate Revenue officer under the sod, unless he had joined in that oath? Of course they would not! And this is the man whom they expect you to believe with such confidence, that on his unsupported evidence you should condemn the prisoner! What I have said to you respecting this respectable witness, and his not less respectable master, will perhaps be made somewhat plainer to you when you shall have heard the evidence which I hope to extract from the latter. Now, as to the meeting at Mrs. Mehan's, even were you to believe Brady, I maintain that nothing whatever has been proved against the prisoner. Brady states that at Mrs. Mulready's certain men swore together that at a certain period Captain Ussher should be under the sod. This phrase brings to the mind of every one the conviction that they meant to express murder. The man could not be under the sod unless he were dead.

"But at the wedding, when young Macdermot was present, even by the showing of Brady himself, the men were afraid to use any such phrase. They implored their landlord's assistance to help them to rid the country of him; to frighten him off; to make the place too hot to hold him. As I told that wretched reptile, whilst in the chair, they would have no more dared to propose a scheme of murder to young Macdermot, even in his drunkenness, than they would have to you or to me.

"Now as to the probability of the prisoner's having been aware of his sister's project for eloping, and having made use of that opportunity for the safe execution of a scheme of murder,—and this perhaps is the most material point of all; for were there good grounds to suppose that he knew that this elopement was to take place—that he took no precautionary steps to prevent it—but that having this previous knowledge, he rushed out at the time, and killed the man, I should be very far from telling you that he was perfectly justified, as I do now. But I must positively maintain that you cannot come to such a conclusion. It has, to a degree, been proved to you, and will be so more clearly, that the prisoner had all along shown himself averse to the intimacy which existed between Ussher and his sister; it is therefore to be presumed that both of them took every means in their power to prevent the prisoner from learning their intention; and there is every reason to suppose they were successful.

"Two persons appear to have been told, as their services were required, both of whom have been examined before you—the servant girl and Mr. Frederick Brown. The former has sworn that she mentioned it to no one, and there is no reason to disbelieve her. The latter proved himself not so trustworthy. It seems that with that foolish flippancy which distinguishes him he told his friend's secret to other friends of his as a good joke. But you must remember that Mr. Brown's friends were not the prisoner's friends—that they rather were in such different circles, that what was said in one, would be very little likely to find its way into the other; and above all, that those to whom Mr. Brown or his friends communicated it, would think that the brother was the last person who should be told of it. Again, had the prisoner known the projected elopement, and intended to make use of it for the perpetration of a preconcerted murder, would he—could he have acted as he did? Could he have waited for such an unexpected accident as his sister's fainting before he drew near to his victim. His sister had walked down the avenue, and after waiting some time in the road, returned and sat down upon a fallen tree; it was whilst so seated that she heard the brother open the hall-door; had she, as she expected, met her lover at the hour appointed, they would have been far beyond the prisoner's reach before he had left the house;—would he have allowed this to be the case, had it been his intention to take advantage of the opportunity? It is absurd to argue on such a point. It is unnecessary almost to call your attention to things which must so manifestly present themselves to you. The whole of this case has received additional weight and importance from official authority. It has been considered worthy of especial government interference. My learned friend has come express from the metropolis for the purpose of conducting it;—a rumour has been spread abroad that most conclusive evidence would be produced to prove that a prisoner from the better orders of society had joined, and headed one of those illegal bodies of men whose existence is supposed to be the cause of the troubles of this distracted country; and that he had, in unison with these schemes, committed a foul and deliberate murder; and my learned friend has not hesitated to tell you that it is essentially necessary to use the utmost extent of legal severity, that an end may be put to the agrarian outrages which are now becoming so frightfully prevalent in the country. Has anything been proved to warrant this official zeal—this government interference? No, nothing; not one iota; but still these paraphernalia of office, this more than ordinary anxiety to obtain a verdict, may have an effect upon your minds most prejudicial to my client. I have no doubt as to your actual verdict. I have no doubt that you will—nay, I know that you must—acquit that young man of murder. But I beseech you to remember that, though in the indictment he has been charged with murder only, he has been by the servant of government, by my learned friend on the other side, accused of other grievous crimes; and I implore you by your verdict, to purge his character of the stain which has been so unjustly attached to it, if you find, on examination of the evidence, no cause to suppose that he had been a participator in the councils of such societies. I beseech you to do him that justice, which can now only be done by the strong expression of your unanimous assurance of absolute innocence. I beseech you to reject from your minds those pre-conceived opinions so injurious to the prisoner, with which the present unfortunate state of your country may so naturally have influenced you, and to remember that it is your duty, as jurors, to confine yourself to the individual case before you; and that the doctrine laid down by my learned friend, that you should make an example in one case for the sake of prevention of crimes in others, is most unconstitutional, and would imply, that whilst the solemn oath you have taken is still vibrating in your ears, your object should be far wide from that for which you have been assembled—that of making a fair and true trial between your sovereign and the prisoner. I shall now call a few witnesses, and then leave the case, with confidence, in your hands."



CHAPTER XXXI.

THE LAST WITNESS.

When Mr. O'Malley had finished his address to the jury, it was past seven o'clock, and the judge suggested that as it would be evidently impracticable to finish the case that night, so as to release the jury, they might as well at this point adjourn it till the morrow. To this Mr. Allewinde readily assented; but Mr. O'Malley declared that though he was most unwilling to detain his lordship and the court at that late hour, he must request permission to be allowed to examine one of his witnesses, as otherwise his caution in having had him ordered out of court, would have been in vain. It was most essential, he said, that his examination of Mr. Keegan should take place before that man could have an opportunity of conversing with his servant, Brady; whereupon the judge consented to hearing Keegan's evidence that evening, and forthwith the name of Hyacinth Keegan was called out in a loud voice by the crier, and was repeated by every policeman in court, till a stranger to the proceedings would have thought that Hyacinth Keegan's society was the one thing desirable in Carrick-on-Shannon.

It would be drawing this trial out to a weary length to give the whole of his evidence; but Mr. O'Malley's questions were such as the attorney found it almost impossible to answer. He was asked in the first place whether he at present received the rents from Ballycloran, and then whether he received them on his own behalf; the latter he denied, but when told that if he denied the fact Mr. Flannelly would be brought forward to prove it, he at last owned that Mr. Flannelly had promised to make over that property to him; he then denied that any conversation had passed between him and Brady as to the nature of the evidence the latter was to give at the trial, or that he had expressed any anxiety on any occasion that a verdict might be given against the prisoner; he confessed that he might, in conversation, have attributed the loss of his foot to the influence of the prisoner; but he could not remember that he had ever said that Macdermot should pay for it with his life. In answering the different questions put to him, he hesitated and blundered so much—stammered so often, and spoke so low, that every one in court was convinced that he was perjuring himself; but still he persisted in denying everything. The only good effect Mr. O'Malley could get from his evidence was, that the master frequently contradicted what had been said by the servant. But then Brady had shown so much confidence and self-assurance in his replies, and Keegan so much hesitation and confusion, that it was much more probable that the jury would believe the former, than the latter; and if so, Keegan's contradicting the statements made by Brady, would not serve to invalidate the material evidence given by that man.

When Mr. Keegan came down from the chair, the court broke up for the night, and the jury were informed that the sheriff would afford them all the accommodation in his power;—and with long faces they were marched away to durance vile.

The court, which, during the trial, had been so densely crowded, again became desolate and silent. Baron Hamilton, with his brother Kilpatrick, retired to their dinner, which they had well earned; and the coffee-rooms at the hotels again became crammed with hungry guests, clamorous for food; and the evening was passed in speculations as to what would be the verdict in the case to which they had all been listening.

In the barristers' mess-room all the feuds of the day were forgotten, and a most jovial party was assembled. As each bottle of claret succeeded the other, fresh anecdotes were told, and innumerable puns were made. Mr. Allewinde was quite great; his forensic dignity was all laid aside, and he chatted to the juniors with most condescending familiarity.

Mr. O'Laugher became the originator of incessant peals of laughter; all that had taken place during the day he turned into food for merriment; not for one moment did he hold his tongue, nor once did he say a foolish thing. He was the pet of the barroom. The Connaught bar was famous for Mr. O'Laugher; and they knew it, and were proud of him.

Of all of them assembled there but one seemed to have any memory of the sadness of the scene that they had that day witnessed. How should they? Or rather how miserable would be a barrister's life, were he to be affected by the misery which he is so constantly obliged to witness in a criminal court. On this occasion, however, the anxiety which Mr. O'Malley had expressed when addressing the jury had not been feigned, and the doubt which he felt as to the fate of his client lay heavy on him. He was aware that he had failed in shaking Brady's testimony, and he feared that in spite of all he had done to prove the depravity of that man's character, the jury would be too much inclined to believe him.

It had been decided that Feemy was not to be brought into Carrick from Drumsna till such time as Mr. O'Malley sent out word that she would be required; and when he found how late it was before he began his speech, he had told Father John in court that she would not be wanted on that day. She had, therefore, been left tranquilly at Mrs. McKeon's, who had fetched her to her own house from Ballycloran on the morning of the trial.

When Larry Macdermot saw the car at the door, in which Feemy was to go away, he was dreadfully wrath. He first of all declared that his daughter should not be taken away to Mr. Keegan's—that his own son had deserted him and tried to sell the estate, and that now they meant to rob him of his daughter! And he wept like a child, when he was told that unless she went of her own accord, the house would be broken open, and she would be taken away by force. It was in vain that Mary McGovery endeavoured to make him understand that Feemy's presence was necessary in Carrick, and that she had to appear as a witness at her brother's trial.

Whenever Thady's trial was spoken of;—and Mary, by continually recurring to the subject, had made the old man at last comprehend that his son was to be tried;—but whenever it was spoken of now, he merely expressed his approbation, and a wish that Thady might be punished, for making friends with such a reptile as Keegan—for deserting his father, and planning to cheat him out of his house and his property. Mary took great pains to set him right, and bellowed into his ear as if he were deaf instead of stupid, twenty times a day, that Thady was to be tried for Ussher's death; but Larry couldn't be got to remember that Ussher was dead, and would continually ask his daughter when her lover was coming back to live with them, and defend them and the property against the machinations of Keegan and her brother.

All the Thursday Feemy remained at Drumsna, every moment expecting that she would be immediately called in to go to Carrick. She sat the whole day in the drawing-room, close by the fire, with her friend's cloak around her, without speaking to any one. The girls had come and spoken kindly to her when she first arrived; but their mother had told them that they had better not attempt to converse with her. Mrs. McKeon herself sat with her the whole day, and spoke to her a gentle word now and again; but she purposely abstained from troubling her, and she made no allusion whatever to the subject on which she had thought so much, and on which her own suspicions had been corroborated by Mary's information. Necessary as it was that the poor girl should tell some one, this was not the time to press her.

There sat Feemy. Ah! how different from the girl described in the opening of this tale. Her cheek was pale and wan, and the flesh had gone, and the yellow skin fell in from her cheekbone to her mouth, giving her almost a ghastly appearance; her eyes appeared larger than ever, but they were quenched with weeping, and dull with grief; her hair was drawn back carelessly behind her ears, and her lips were thin and bloodless. Two or three times during the day Mrs. McKeon had given her half a glass of wine, which she had drank on being told to do so, and she had once tried to eat a bit of bread. But she had soon put it down again, for it seemed to choke her.

About five o'clock Mrs. McKeon learnt that Feemy would not be called for that day, and the poor girl was then induced to go to bed; but nothing could persuade her to allow any one to assist her. It was wonderful how she could have undressed herself, and dressed herself the next morning, she seemed so weak and powerless!

Tony and Father John got home to dinner about eight. They were both in good spirits, for Mr. O'Malley's speech had been so convincing to them, that they conceived it could not but be equally so to the jury. They forgot that they had previously assured themselves of Thady's evidence, and that therefore they were prepared to believe every word said on his behalf; but that this would by no means be the case with the jury. They were very sanguine, and Tony insisted that Counsellor O'Malley's health should be drunk with all the honours.

On the morning they went early into town; they had obtained from the clerk of the peace permission to make use of a small room within the court, and here Feemy and Mrs. McKeon were to remain undisturbed till the former was called for; then that lady was to bring her into court, and even undertook to go upon the table with her, and repeat to the jury, if she would be allowed to do so, the evidence, which they were all sure Feemy herself would not be able to give in a voice loud enough to be heard by any one. When the car stopped at the court-house in Carrick-on-Shannon, it was found absolutely necessary to carry her into the room, for she had apparently lost all power of action. She neither cried nor sobbed now; but gazed listlessly before her, with her eyes fixed upon vacancy, as the two strong men lifted her from the car, and supported her between them by her arms up the steps into the court-house.

"This will never do," said Tony to his friend after leaving her in the room; "this will never do; she'll never be able to say a word on the table; it's only cruelty, Father John, bringing her here."

"But O'Malley says she must come," said Father John; "he says, if she can take the oath, and speak but three or four words to Mrs. McKeon, that will do."

"She'll never do it; she'll never be able to take the oath; she'll have to be carried on the table, and when there, she'll faint. Poor Thady! if he's acquitted, the first thing he'll have to learn will be her disgrace. You must tell him of that, Father John; no one else can."

"Poor fellow; it will be worse to him than all. But she brought him to this, and she must save him if she can."

"I tell you," said Tony, "she'll never speak a word upon that table; we'd better tell O'Malley at once; 't would be only cruelty to put her there."

They both accordingly went to O'Malley, who was now in court, and told him that they thought Feemy Macdermot could not be safely brought there. He, however, still declared that it was imperative for her brother's safety that she should appear, even if it were utterly impossible to get her to speak; and that as she had been the person in fault, and has he had had all the suffering, the cruelty would be to him, if she were not brought forward.

Father John returned to the private room, and tried to make her speak. He kneeled down before her, and again began explaining to her the purpose for which she was there, and implored her to exert herself to save her brother. She once or twice opened her mouth, as if speaking, but uttered no sound. She understood, however, what the priest said to her, for she gently pressed his hand when he took hold of hers, and nodded her head to him, when he begged her to exert herself.

In the meantime Mr. O'Malley was continuing the examination of his witnesses. The first who appeared on this the second morning of the trial was Corney Dolan, who unfortunately came prepared to swear anything which he thought might benefit the prisoner. He said he remembered the evening of the wedding, he remembered the conversation at which the prisoner had been present, that he was quite sure Ussher's name wasn't mentioned—or at any rate that if mentioned, it was not accompanied by any threat—that, the only plan of violence alluded to during the evening was that one or two of the boys said that they would duck Keegan in a bog hole if he came to receive rents at Ballycloran.

This was all very well, as long as the questions were put to him by Mr. O'Malley; but he was forced to tell a somewhat different tale when examined by Mr. Allewinde, by whom he was made to own that there had been projects abroad for murdering Ussher, though he still maintained that none of them had been alluded to by the party at Mrs. Mehan's. He was also made to give himself so bad a character that it was more than probable that the jury would not believe a word he had said.

Father John was the next; he was only called on to prove that Thady had been intoxicated when he left the party at Mrs. Mehan's, and to speak as to character. With tears in his eyes he corroborated all that the barrister had said in his speech in praise of his poor young friend; he described him as honest, industrious, and manly—patient under his own wrongs, but unable to endure quietly those inflicted on his family.

Tony McKeon was the next, and with the exception of Feemy, the last; and he too had only to speak as to character.

Just as Father John had been getting into the chair, a policeman had come into court and whispered to Doctor Blake, who was sitting in one of the lower benches; and the Doctor immediately got up from his seat and went away with the man.

Father John had not observed the occurrence; but when he was leaving the table, and as Tony was getting up, the latter whispered to him, "Blake has been called out. Just look to Feemy."

And at the same moment Mr. O'Malley said out aloud:

"Mr. Magrath, if I might trouble you so far, would you have the kindness to bring Miss Macdermot into court? I do not anticipate that we shall have much delay with Mr. McKeon's evidence."

Father John immediately hurried into the room, where Mrs. McKeon had been left with her charge; and his heart trembled within him as he remembered the death-like look the poor girl had when he left her but an hour since, and reflected that it was too probably to her aid that Doctor Blake had been called.

And so it was. When he entered the room, round the door of which a lot of frieze coats had crowded, but which was kept shut, he found Feemy on the ground, with her head supported on Mrs. McKeon's lap, and Blake kneeling beside her, endeavouring to pour something into her mouth. There was another woman standing in the room, and an apothecary, whom the doctor had sent for; but Father John was soon made to understand that medical skill could avail but little, and that all the aid which Feemy could now receive from her fellow-creatures was to come from him.

To describe the scene which immediately followed would be to treat so sacred a subject much too lightly. The priest, however, found that neither life nor reason was extinct; she acknowledged the symbol of salvation in which she trusted, and received that absolution from her sins which her church considers necessary. Who can say how deeply she had repented of her misdeeds during the many hours of silent agony which she had endured!

Her arm was stretched out from her body, and her hand was clasped tightly in that of Mrs. McKeon's. The moment before she drew her final breath, she felt and tried to return the pressure; she made one great struggle to speak. "Myles" was the single word which her lips had strength to form; and with that last effort poor Feemy died.

In the meantime McKeon had given his evidence in the court and had left the table—Mr. Allewinde having declined to cross-examine either him or Father John. There was then a pause of some little duration in court, during which Mr. O'Malley, addressing the judge, said that Miss Macdermot, the witness now about to be brought forward, was unfortunately in a very weak state of health, so much so, that had her evidence not been essential to her brother, he should be most unwilling to have troubled her; he then apologised for the delay, and asked for and obtained permission for Mrs. McKeon to be on the table and repeat the answers of the witness to the jury: the judge merely premising that it would be necessary that that lady should be sworn to repeat the true answers.

There was still some further delay after Mr. O'Malley had sat down. Mr. McKeon got up to go and help to bring her into court, but just in the doorway he met a man who whispered to him; he did not return however, but hurried on to the room where he had left his wife, and reached it just as the breath left the poor girl's body. In spite of their distress it was apparent to all that the truth must be immediately made known in the court, and Mr. McKeon was leaving for the purpose of telling Mr. O'Malley, when Father John laid his hand upon his friend's shoulder, and said—

"Poor Thady, it will break his heart to hear it. It must be kept from him. But heaven only knows what's best; he must hear it at last. Go, McKeon, and tell O'Malley; he'll know what's best to do."

McKeon returned into court, and making his way with difficulty close up to the barrister, whispered in his ear that his witness was no more.

Mr. O'Malley, who had been standing, instantly sat down, as if appalled by the suddenness of the event. Every one in the court who had seen McKeon's face as he entered, felt aware that something had happened to Feemy.

The judge leaned forward over his desk, addressing himself particularly to Mr. O'Malley, and said,—

"Is Miss Macdermot too unwell, Mr. O'Malley, to be brought into court?"

"My lord," said he again, rising from his seat, "she has already gone before another judgment-seat. Macdermot," and he turned round to the prisoner in the dock, "you have borne your sorrows hitherto like a man; you must try and bear this also—your sister is dead. She has fallen the first victim—God forbid that another should be sacrificed. My lord, my cause is now done; there is now no living witness, but the prisoner, of that scene which I described to you. The case must go to the jury as it is."

During the time of the whole trial, Thady had stood upright at the bar, with his elbow leaning on the wooden rail, and his face resting on his arm. He had almost constantly kept his eye upon the speakers, occasionally turning his gaze to the place where Father John had sat during the trial, to see that he had not deserted him. During the speech which Mr. O'Malley had made on his behalf, he had brightened up, and looked more cheerful than he had done for many months. When that was finished he had felt more sanguine as to his acquittal than he had done at any time since he had first given himself up as a prisoner. During the short pause which occurred in court immediately after McKeon left the table, he had once or twice looked round to learn if Feemy were coming, though the high woodwork of the dock would effectually prevent him from seeing her till she was at the table.

It will be remembered that Feemy's extreme illness had never been made known to her brother,—much less her lamentable situation. Father John had told him that she was unwell, but he had not thought it necessary to frighten him at the present time by letting him know how very ill she was. The doctor's departure from court he did not notice at all. Father John was sent for to his sister in a manner which caused him no apprehension,—and even when McKeon went out to see whether she was coming, it never occurred to Thady that the delay in his sister's appearance was occasioned by ill health. It was only when he saw O'Malley sit down, after hearing some whispered tidings from McKeon, that he felt alarmed. When the barrister told the judge that his witness had gone before another judgment-seat, it was still evident from his face that he did not perfectly comprehend what had happened; but there was no misunderstanding the language in which the tidings were immediately afterwards communicated to himself. He seemed to make one attempt as if to say something; but the feeling of his situation, and the paraphernalia of the court awed him into silence, and he sank down within the dock to hide his sorrow from the crowd that were gazing at him.

There was some considerable delay in the court after this, as though all the parties concerned felt unwilling to commence business after the shock which Feemy's death had occasioned. The judge sat back in his chair, silent and abstracted, as if, valuable as he must know his own and the public time to be, he felt unable to call on any one to proceed with the case immediately after so sad an event.

At last Mr. Allewinde rose and said that no one could regret more than himself the dreadfully tragical manner in which the prisoner had lost the benefit of the evidence, which it was expected his sister would have been able to give on his behalf; that he conceived that it would be anything but mercy to the prisoner to delay the proceedings in their present stage on account of what had happened; moreover, he considered that doing so would be illegal. He would suggest to the judge, to his learned friend on the other side, and to the jury, whether any legal and available use could be made of the evidence which had been given by the prisoner's sister before the coroner.

This, however, Mr. O'Malley declined, alleging that the questions put to Miss Macdermot by the coroner, were merely intended to elicit evidence that Captain Ussher had been killed by her brother, and that the answers she then gave were of course not such as would be favourable to the prisoner; nor were such as could prove those facts which Mr. O'Malley had intended to prove. Mr. O'Malley finished by stating that as far as he was concerned the case was ready to be submitted by his lordship to the jury.

Mr. Allewinde, however, still had the right of reply, and he was not the man to allow any chance circumstance to prevent him making use of it. He accordingly again got up to address the jury. He told them that what he had to say would not keep them long, and considering that he was a lawyer and a barrister, he kept his word with tolerable fidelity. He remarked that the evidence of Brady had in no degree been shaken. That the subjects in which Keegan had been examined had had no reference to the case; and that it was quite plain that Dolan had come forward to swear to anything which he thought might tend to the prisoner's acquittal. He made no allusion whatever to Father John and Tony McKeon, and then ended by saying, that "the unexpected and melancholy death of Miss Macdermot was an occurrence which could not but fill the breast of every one present with most profound sympathy for the prisoner,—that he should abstain from saying a word which might be unnecessarily disagreeable or painful to the feelings of any one—but that the jury must feel that the prisoner would lose nothing from the loss of her evidence. Of course," he continued, "in a point of law you are bound to look on the case as if Miss Macdermot had died at the same moment with her betrothed husband, for you are aware that you cannot allow anything which my learned friend has told you to be taken into consideration by you in finding your verdict. But it will lessen the pain which more or less you must suffer in this sad case, to reflect what strong grounds you have for supposing that the sister, had she lived, could have proved nothing favourable to the brother; for had she been able to do so, she would have done it when examined before the coroner. I shall now trouble you no further. His lordship in submitting the case to you will give you doubtless the necessary caution against allowing excited feelings to have any influence over the verdict to which you shall come."

Mr. Allewinde then sat down, and after the lapse of one or two minutes the judge turned to the jury, and spoke his charge to them upon the question. He went deliberately through the whole evidence—dwelt upon various minor points in the prisoner's favour—told them that the prisoner could not be considered as guilty of murder, if there was ground to believe that he had committed the act whilst the deceased was forcibly carrying off his sister; and that if they believed that the prisoner had never before premeditated the death of the man he killed, he could not be considered to have been guilty of the crime for which he was now tried. He then went at length into all the points; he showed the jury that no evidence whatever had been brought up to prove that the girl was in a senseless state when Ussher was attacked; and that for anything they had heard proved, she might have been walking quietly with him. He then went into the evidence given by Brady, and he stated it as his own opinion, that the man was in the main to be believed; he argued that his whole evidence, both on direct and cross-examination had been given in a manner which seemed to him to show an unwillingness to give more information than he could possibly help on either side—but still with a determination not to forswear himself. But at the same time he told them that this was a question on which each juror should form his own opinion; in fact that it was to judge of the value and credibility of evidence that they were summoned. It was, also, he said, for them to decide whether the death of the revenue officer was premeditated by the party at Mrs. Mehan's when they talked of ridding the country of him. He passed very slightly over the remaining evidence, merely saying that this was a case in which character could not weigh with them, as, if the prisoner were guilty, his former apparent good character only aggravated his sin. He then concluded by telling the jurors that they were bound by solemn oaths to allow nothing to interfere with the truth of their verdict—that they must all deplore the untimely death of the young woman who was to have appeared before them, and sympathise with the brother for the loss of his sister—but that his misfortune in this respect, could not lighten his guilt if he were guilty, or diminish the sacredness of the duty which each juror owed to his country.

When the judge had finished, the jury retired to consider their verdict; and the other business of the assizes was proceeded with, as if nothing peculiar had happened to check the regular routine duties of the court.



CHAPTER XXXII.

THE VERDICT.

It was not very late in the day when the jury retired, and it was generally thought that they would come to a verdict in time to escape being immured for a second night; but they did not.

Immediately after hearing the judge's charge, Father John, McKeon, and Webb agreed among them that it was absolutely necessary that old Macdermot should be acquainted with his daughter's death; but who was to take upon himself the sad errand! Father John had for the last few days been so harassed, so worn down by anxiety, and was now so depressed by, as he conceived the unfavourable tone of the judge's charge, that he looked like the ghost of himself; and yet the duty of seeing old Macdermot could fall on no one but himself. Neither Webb nor McKeon knew the ways of the old man, and it was more than probable that neither of them would be admitted into the house. Father John therefore put himself on a car and hurried off to Ballycloran, making his friend promise that he would wait in Carrick for him till his return.

Father John soon found himself in the presence of Larry; but he could with difficulty find words to tell him of his bereavement. The old man was seated on his bed—he always slept now in the parlour—he had his legs thrust into a tattered pair of breeches, and had worn-out slippers on his feet; and an old and ragged coat, into which he had been unable or unwilling to thrust his arms, hung over his shoulder; but he had no stockings on—no cravat round his throat; his long-worn shirt was unbuttoned over his breast; and his face was not only unshorn, but was also, as well as his hands and feet, unwashed and filthy. When Father John entered the room he was seated on his bed, which had not been made since he rose from it. He had a pipe in his mouth, and a glass of grog in his hand. The smell of the room was most offensive, and it seemed from the dreadfully close atmosphere, that no window had been opened in it for weeks past. Mary McGovery followed the priest's steps into the room, running through numerous apologies as to the state in which the old man was found, and assuring him that Macdermot was so stupid and so obstinate that it was impossible to get him to do or to understand anything; and she forthwith took hold of his shoulders, and began shaking him, and scolding him—bawling into his ear, till the poor idiot shook in her grasp.

Father John at last succeeded in rescuing him from her hands, and, seating himself in a chair immediately opposite to him, he began his sad tale. He told him by degrees that his daughter had been taken very ill—that she had got worse and worse—that Doctor Blake had been sent for—that she was found to be in imminent danger. But it had no effect on Larry; he kept on continually thanking Father John for his friendly visit, saying how kind it was of him, to come and sit with an old man like him—how hard it was to be shut up alone with such a d——d old jade as Mary; and then he began telling Father John a history of the ill-treatment and cruelty he received from her,—which to do Mary justice, was in the main false; for, excepting that she shook him and bawled to him, by way of rousing his dormant intellect, she had always endeavoured to be as kind to him as the nature of her disposition would allow. He begged of Father John to tell him when Ussher and Feemy would come back to take care of him; asked if Feemy hadn't gone away to marry her lover; and complained that it was cruel in his own dear girl not to let her old father be present at her wedding.

At last the priest saw it was no good trying to break this bad news, by degrees, to such a man as Larry; and he told him that his daughter was dead. The old man remained silent for a few minutes staring him in the face, and Father John continued—

"Yes, Mr. Macdermot, your poor daughter died in Mrs. McKeon's arms."

"Is it Feemy?" said Larry. "My own Feemy?"

"It is too true, Mr. Macdermot; and indeed, indeed, I feel for you."

"But it aint true, Father John," said the idiot, grinning. "Shure didn't I see her myself, when she went away on the car to the wedding?" And then the old man paused as if thinking, and the stupid smile passed off from his face, and the saddest cloud one could conceive came over it, and he said, "Ah, they're gone away from me; they're gone away to Thady, and now I'll never see them agin." He then paused for a moment, but after a while a fire came into his eyes and he began again, "but curse her—curse—"

This was too horrid; Father John got up and held his hand before the father's face, as if to forbid him to finish the curse which he was about to utter; and the old man trembled like a frightened child upon his seat, and sat silent with his eye fixed on the priest.

Mary had not been present at this interview; Father John, however, now found it necessary to call her, and to commission her if possible to make the father understand that he had been bereaved of his daughter. Poor Mary was dreadfully distressed herself, and for a long time sat sobbing and weeping. But by degrees she recovered her tone, and commenced the duty which Father John had enjoined her to perform; but nothing could convince Larry of Feemy's death; he felt assured that they were all trying to deceive him, and that Feemy and her lover had now deserted him as well as Thady.

When Father John returned to Carrick, anxious, yet fearing to hear the verdict, he found that the jury had not yet agreed. Even this was some comfort, for it made it evident that there was doubt on the subject; and surely, thought he, if a man doubts on such a subject as this, he must ultimately lean to the side of mercy. He remained with Tony McKeon in court till about eight, when they went to the hotel and got their dinner—for they would not leave the town till the jury were locked up for the night.

Soon afterwards Webb joined them, and the three sat together till eleven o'clock, when it was signified to them that the judge would not receive the verdict that night; and that the jury were, therefore, again to be locked up. Webb then went home, and the priest and his friend both returned to Drumsna to sleep.

Thady had remained in the dock that he might be ready to hear the verdict, till the judge left the bench. He was then conducted back into the prison, and it was so late that the prison regulations did not allow him to see any friend or visitor; he was, therefore, debarred from the comfort which a few kind words from Father John would have afforded him. After he had heard the news of his sister's death he never once raised himself from the position into which he almost fell rather than sunk. During the whole of the long afternoon he remained crouched down in one corner of the benches within the dock. When the judge commenced his charge to the jury, he had once attempted to rise; but he felt that he could no longer endure the gaze of those around him, and he remained on his seat till he was taken back to gaol.

Father John and McKeon agreed that the cause of Feemy's death should not be told to Thady—at any rate till after the verdict had been given. If he should be condemned it would only be a useless cruelty to increase his sufferings by telling him of his sister's disgrace. Should he be acquitted, it would then become a question whether or no he might still be suffered to live in ignorance of that which, if known, would so deeply embitter the remainder of his life.

On the Friday morning the two friends again took their seat in court, waiting anxiously till the jury should send in word that they had come to a unanimous decision.

Thady was again in the dock, and Father John was just enabled to say one word to him over the wooden paling;—to bid him still keep up his courage, and to press his hand closely within his own.

Hour after hour passed on, and the dull stupid work of the week went on. Mr. Allewinde's eloquence, Mr. O'Malley's energy, and Mr. O'Laugher's wit, sounded equally monotonous to the anxious priest and his good-natured friend. Though they seemed to listen, and indeed endeavoured to do so, yet at the close of each trivial case that was tried, they had no idea impressed upon them of what had just been going on. One o'clock struck—two—three—four—five—and yet they remained in the same position; and still the jury who had been considering the subject remained undecided.

The business in the Record Court had been closed on the Thursday, and therefore both the judges heard criminal cases during the whole of Friday; and by six o'clock the business of the assizes was finished, and the prisoners are all disposed of with the exception of poor Thady. It was absolutely necessary that the judges should commence their business at Sligo on the following Saturday, and if the jury did not agree to a verdict before eleven on that morning, they would have to be discharged, and the case must stand over for a fresh trial at the summer assizes. This now seemed almost desirable to Father John and McKeon. Immediately after hearing Mr. O'Malley's defence they had felt sure of success; but the judge's charge had dreadfully robbed them of their hopes, and they began to fear the arrival of the foreman.

At six Baron Hamilton left the court, saying that either he or his brother would be within call till twelve o'clock to receive the verdict, and that he would remain in town till eleven the next morning, should the jury not have decided before then. Thady was yet once more taken back to prison in doubt, and whilst McKeon went to the inn again to get some dinner ready, Father John went up to the prison to visit the prisoner in his cell.

The young man had to a great degree recovered his self-possession. He told Father John that he had given up all hope for himself—that he believed he had made up his mind perfectly to face death like a brave man. He then talked about his sister, and lamented grievously that she, ill as she was, should have been dragged into court with the vain object of saving his life. He asked many questions about the manner of her death—her disease—the state of her feelings towards himself—all which Father John found it most difficult to answer; and he was just beginning to inquire how his father had borne all the griefs which had accumulated themselves upon him, when one of the turnkeys opened the door of the cell, and told him that he was to return immediately into court—that the jury had agreed—and that the judge was now going into court to receive the verdict.

Father John turned deadly pale, and leant against the wall for support. A hectic red partially suffused the prisoner's face, and his eyes became somewhat brighter than before. A slight shudder passed over his whole frame; in spite of all that he had suffered—all that he made up his mind to suffer—it was evident that there was a fearful degree of anxiety in his bosom, a painful hope still clinging to his heart.

The fetters were again fixed on to his legs, and he was led away in the midst of a body of policemen into court. Father John hurried to the same place, where he found Mr. McKeon already seated on one of the dark benches. There were but very few there, as every one had left it after the business of the day had been concluded; some of those who were in town and had heard that the jury were at last unanimous, had hurried down; but the generality of the strangers who were still remaining in Carrick, preferred the warmth of the hotel fires to paddling down through the rain, dirt, and dark, even to hear the verdict in a case in which every one was so much interested.

The barristers' and attorneys' seats were wholly deserted by their customary learned occupants; there was but one lawyer present, and he, probably thinking it unprofessional to appear to take more than a lawyer's interest in any case, was standing by himself in the dark obscurity between the dock and the bottom of one of the galleries. This was Mr. O'Malley—and though he would not be seen in court after his business there was really over, he felt so truly anxious in the matter that he could not wait to hear the verdict from a third party.

At length the judge took his seat, and the clerk of the crown sat beneath him ready to record the decision of the jury. A few lighted candles were stuck about in different parts of the court; but they were lost in the obscurity of the large, dark, dismal building. The foreman stood ready with a written and signed paper. The judge asked him if they had all come to a unanimous verdict, and he answered in the affirmative; and handed the paper to the clerk of the peace, who glancing his eye upon it, and half turning round to the judge said in his peculiar, sonorous voice—

"My lord, the prisoner has been found guilty."

"Gentlemen, is that your verdict?" said the judge; and they said it was.

The prisoner stood up at the bar erect without moving. He neither shook nor trembled now. If it were not that his lips were pressed quite close together, he would have appeared to have heard the verdict without emotion. Not so Father John; he had been leaning back, anxiously waiting till the one fatal word met his ear; and then his head fell forward on the desk, and he sobbed like a woman.

Baron Hamilton immediately placed the black cap on his head, and proceeded to pronounce the dreadful sentence of death. As he did so, his voice seemed like some awful, measured tone proceeding from an immovable figure or statue placed beneath the dusky canopy; so dark was it—and so cold and stern; so slow and clear were his words and manner; he must have felt, and felt strongly, as he doomed that young man to a sudden and ignominious death, for he was no heartless man; but so powerfully had he schooled his emotions, so entirely had he learnt to lay aside the man in assuming the judge, that had he been the stone he looked like, he could not have betrayed less of the heart within him.

He dwelt at considerable length on the enormity of the offence of which the prisoner had been found guilty; he stated his own conviction that the verdict was a just and true one; alluded to the irreparable injury such illegal societies as that to which the prisoner too evidently belonged, must do in the country; assured him that he had no hope for mercy to look for in this world, and recommended him to seek it from Him who could always reconcile it with his justice to extend it to the repentant sinner. He concluded by ordering that he should be taken back to the place from whence he came, and be brought from thence to the place of execution on the Monday week following, and then and there be hung by his neck till he should be dead.

The assizes were then finished—the judge immediately left the court—the prisoner was taken back to his cell—the lights were extinguished—and when the servants of the sheriff came to lock the door, they found Mr. McKeon still vainly endeavouring to arouse the broken-hearted priest from his ecstasy of sorrow.



CHAPTER XXXIII.

THE END.

On Saturday morning the little town of Carrick-on-Shannon again became quiet and, comparatively speaking, empty. The judges left it very early; most of the lawyers had taken wing and flown towards Sligo, seeking fresh quarries, on the previous evening. The jury were released, and had returned weary to their homes; the crowds of litigants and witnesses who had filled the Record Court had also left on the Thursday evening; and now those who had been wanted in the criminal court were gone, and peace and quiet were restored. At eleven o'clock neither of the hotels were open; the waiters and servants who, during the last week had literally not known what a bed was, and who, during that week, had snatched their only disturbed naps before the kitchen fires, or under the kitchen dressers, were taking their sleep out for the past week. It was still raining hard, and the long, narrow, untidy street was still as dirty and disagreeable as ever; otherwise there was no resemblance in it to the street of the last few days. There was no crowd around the court house, nor policemen with cross chains on their caps, nor sheriffs' servants with dirty, tawdry liveries. The assizes were over; and till next July—when the judges, barristers, jury, &c., would all return, Carrick was doomed to fall back to its usual insignificance as a most uninteresting county town.

As Father John left the town on the previous evening, he sent word up to the governor of the gaol that he would see young Macdermot early on the following morning. He did not go home to the Cottage, but again passed the night at Mr. McKeon's, at Drumsna; and a most sad and melancholy night it was. After witnessing Feemy's death, and seeing that the body had been decently and properly disposed, Mrs. McKeon had returned home, and her husband had found her quite ill from the effects of the scene she had gone through.

Soon after the two men had made their apology for a dinner, Mr. Webb, who had had the verdict brought to his own house, called, and the three sat for some time talking over what possible means there might be still left for saving the young man's life. It was at last agreed that Webb should go up to Dublin on the morrow, and make what interest he could to see the Lord-Lieutenant himself, as well as the Under Secretary; and endeavour, by every means in his power, to obtain a pardon.

After what had been said by the judge whilst pronouncing the sentence, they all felt that there could be no reasonable ground for hope; but still they would leave no chance untried, and it was therefore settled that the counsellor should start by the morning coach.

Early the next morning the priest left Drumsna for Carrick, to see Thady for the first time since his condemnation. McKeon offered to go with him; but he declined the offer, saying, that this morning he would sooner be left alone with his doomed friend. He refused, too, the loan of McKeon's car. He wanted to collect his thoughts and his energy by the walk, for he felt that he had much to do to school his own feelings before he could make his visit a comfort instead of a cause of additional distress to Macdermot.

About ten o'clock he passed through the town, and rang the governor's bell at the gaol door. He was a well-known visitor there now, and when the door was opened he expected at once, as usual, to be shown the prisoner's cell; but instead of that he was taken into the governor's house.

This officer had always been extremely civil to Father John; and had shown all the kindness in his power, and that was no little, to the prisoner. He expressed himself to the priest greatly distressed at the verdict, and the consequent fate of Macdermot.

"It's four years, Father John," said he, "since I had a prisoner in my charge condemned to die. It's four years since there was an execution here, and then the victim was a criminal of the blackest dye—a man who had undoubtedly committed a cold-blooded, long-premeditated murder. And then his death weighed heavy on me; but I cannot but believe that this young man is innocent,—at any rate so much more innocent than he was,—my heart has failed me since he was brought back last night condemned."

"More innocent than he was!" said Father John. "Ah, indeed he is! If we were all as innocent of guilt as this poor fellow is, it would be well for most of us. I promised to see him early this morning. Will you let me go up to him now? though God knows I know not what to say to him!"

"Yes, of course. You shall go up now immediately; and God grant you may be able to comfort him! But you know you cannot see him as you have done always. That is, you may see him as often as you please, but you cannot see him alone."

"Not alone!" said Father John.

"Not now," said the governor. "When brought back capitally condemned, he was of necessity put into the condemned cell; and when once there, no visitor may be left alone with him."

"How is he to receive—how am I to perform the sacred duties of my profession?"

"When the prisoner is about to confess, the turnkey will step outside the door, which you can close. You know, Father John," continued the governor, "it is not from my own heart I give these orders; you know I would give him every indulgence I could; but you also know that I must obey the rules of my office, and they imperatively forbid that any visitor shall be left alone with a condemned prisoner."

"I know it isn't your fault; and if it must be so, it must. But will you desire the man to be sent for, for Macdermot will be expecting me?"

In a minute or two the gaoler arrived with his huge keys, and, with a palpitating heart, Father John followed him to the condemned cell.

The priest, during his walk from Drumsna, had made up his mind exactly as to what he would say on seeing Thady; how he would mix pity with condolence; how he would use such words as might strengthen him in his determination to bear his sufferings with resignation; how he would teach him to forget the present in the thoughts of his future prospects. But when the iron door was opened, and he saw Macdermot seated on the one small stone seat in the wall beneath the high, iron-barred window; when his eye rested on the young man's pale and worn face, he forgot all his studied phrases and premeditated conduct, his acute grief overcame his ideas of duty, and falling on the prisoner's bosom, he sobbed out, "My boy—my boy—my poor murdered boy!"

It would be useless to attempt to describe at length the scene between them. Father John remained with him nearly the whole of that day,—the patient, silent turnkey leaning up against the corner of the cell during the whole time. For a long time Thady was the most tranquil of the two; but at length the priest regained his composure, and was able to listen to the various requests of his friend, and to say all that could be said to comfort and strengthen him.

Thady's first request was that he might see his father. This, Father John felt, would be impracticable, and if accomplished would only be in the highest degree painful. Larry was now so perfectly a lunatic, and at the same time so resolute in his determination not to put himself in the way of being arrested by Keegan, that it would be impossible either to make him understand the fate which awaited his son, or to induce him, by any means short of force, to leave his own room. Besides, were a meeting to be effected, the idiotical father would probably not cease to abuse his son, and would certainly not comprehend his tenderness and affection. It was difficult to tell the son that his father had so utterly lost his intellects as to be unable to be brought to see him; but even this was better than allowing him to think that he was to see him, and then deceive him.

Thady bore this blow even worse than Father John had expected that he would do; it made him feel so desolate—so alone in the world! Stupid and cross as his father had been for years past—cruel and unjust as he had been on the last time they met,—still, the long time which had passed since that meeting, and the manner in which the interview had been passed by Thady, made him forget his father's treatment, and only remember that he was his last surviving relative. He submitted, however, to Father John's advice, and consented not to urge his request.

He then talked of his sister, and began to speak more feelingly of Ussher, and to allude to the deed which had brought him to his dreadful doom, with more freedom than he had ever done before. The facts of his last month's residence at Ballycloran seemed to be made less obscure than they had been, to his mind's eye, by the distance through which he looked at them. He appeared to comprehend more clearly both Feemy's conduct and that of her lover, and he spoke with the greatest affection of the former, and with justice to the latter.

"Oh! Father John," he continued, after they had been talking together for hours, and when they had become so habituated to the presence of the turnkey as almost to forget it, "no one but yourself can ever know how far murder was from my thoughts that day!—nor all that I had suffered for having listened for one moment to the plots which them boys were making for his death. But who can wonder that I hated him! God knows I have forgiven him for all that he has brought on us—both me and Feemy; but who can wonder that I didn't love him then? I knew in my heart he never meant to marry her. And oh! Father John, av I hadn't seen her that night, what would she have been now? I did hate him then;—and hadn't I cause? And for that one night at the wedding, when I was mad with the name they had called my sisther; I did think I'd be glad av the boys that hated him so should murther him at last. But when I woke in the morning and remembered that the sounds of murther had been in my ears, I felt as though I could never more be quiet or at ase in this world. And I never was; every man's hand was against me since then, Father John, except yours. I felt, as I walked through the fields that morning, that it was here I should spend my last days, and here I am. And I was warned of it too; I was warned of what would come of it, av I meddled with them boys that night at Mrs. Mehan's. He himself called me out that night when I first got there, and tould me what it was Brady was afther. And I believed him, and yet I went; for my heart was full of hatred for the man who warned me. Oh! why, Father John, could he not let us alone. We were poor, but we were no worse; but there's an end of us now altogether, and perhaps it's for the betther as it is!"

He then earnestly begged Father John to attend to his sister's burial, and to take some little heed of his father during his few remaining years; and all this the priest promised. He spoke of the property, and of the chance there might be of saving something out of it for the old man's support. Father John, however, told him that for his, Thady's sake, and for the love he bore him, his father should never want till he wanted himself; and though this promise, for many long months, entailed a heavy burden on the priest, he most religiously kept his word.

Thady then spoke of his own coming death; and though he had made up his mind to die, and could think, without regret, of leaving the world where he had known so many sorrows and so few joys, still he shuddered when he remembered the gaping crowd which would be assembled to see his expiring convulsions, and the horror which he could not but feel, when the executioner's hands should touch his neck, and the dreadful cap should be drawn over his eyes. Oh! that that horrid moment might be over—when he would still be alive—still sensible to the thoughts of life—but when the light of the sun would have been for ever excluded, and his last thoughts would be wandering between doubtful hopes of Heaven's mercy, and awful fears of his coming agony.

The cold sweat stood upon his brow as he endeavoured to explain his feelings to the priest. And assiduously, patiently, warmly, and kindly, did that friend endeavour to allay his sufferings, and make him feel as confident of God's pardon for his sins as he was of the executioner's doom. He told him also that, if possible, no crowd should be assembled to gaze at his death; and he promised himself to stand by him, and hold his hand to the last moment of his life.

At six the priest left him promising to see him again on the Sunday, and on every day till it was all over. He then returned to McKeon's, where he dined.

At about ten they were sitting together with Mrs. McKeon by the fire talking over the affairs of Ballycloran, and consulting as to what had better be done with Larry after the execution, when the girl entered and said a man was waiting outside wishing to speak to Mr. McKeon. Tony accordingly went out; and standing at the back-door, for he would not enter the kitchen, with his hat slouched over his face, he found Pat Brady. He was very much astonished at seeing this man; more especially so, as since the trial Brady's name had been mentioned with execration by almost every one, and particularly by those, who like McKeon, had taken every opportunity of showing themselves Macdermot's friends; and it would have been thought therefore that McKeon's house was one of the last places to which he would be likely to come.