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The Wearing of the Green written by A.M. Sullivan

A >> A.M. Sullivan >> The Wearing of the Green




Mr. Martin sat down amidst loud and prolonged applause.

This splendid argument, close, searching, irresistible, gave the _coup
de grace_ to the crown case. The prisoners having called no evidence,
according to honourable custom having almost the force of law, the
prosecution was disentitled to any rejoinder. Nevertheless, the crown
put up its ablest speaker--a man far surpassing in attainments as a
lawyer and an orator both the Attorney and Solicitor-General--Mr. Ball,
Q.C., to press against the accused that technical right which honourable
usage reprehended as unfair! No doubt the crown authorities felt it was
not a moment in which they could afford to be squeamish or scrupulous.
The speeches of Mr. Sullivan and Mr. Martin had had a visible effect
upon the jury--had, in fact, made shreds of the crown case; and so Mr.
Ball was put up as the last hope of averting the "disaster" of a
failure. He spoke with his accustomed ability and dignity, and made a
powerful appeal in behalf of the crown. Then Mr. Justice Fitzgerald
proceeded to charge the jury, which he did in his own peculiarly calm,
precise, and perspicuous style. At the outset, referring to the protest
of the accused against the conduct of the crown in the jury challenges,
he administered a keen rebuke to the government officials. It was, he
said, no doubt the strict legal _right_ of the crown to act as it had
done; yet, considering that this was a case in which the accused was
accorded no corresponding privilege, the exercise of that right in such
a manner by the crown certainly was, in his, Mr. Justice Fitzgerald's
estimation, _a subject for grave objection_.

Here there was what the newspaper reporters call "sensation in court."
What! Had it come to this, that one of the chief institutions of the
land--a very pillar of the crown and government--namely, _jury-packing_,
was to be reflected upon from the bench itself. Monstrous!

The charge, though mild in language, was pretty sharp on the
"criminality" of such conduct as was _imputed_ to the accused, yet
certainly left some margin to the jury for the exercise of their opinion
upon "the law and the facts."

At two o'clock in the afternoon the jury retired to consider their
verdict, and as the judges at the same moment withdrew to their chamber,
the pent-up feelings of the crowded audience instantly found vent in
loud Babel-like expressions and interchange of comments on the charge,
and conjectures as to the result. "Waiting for the verdict" is a scene
that has often been described and painted. Everyone of course concluded
that half-an-hour would in any case elapse before the anxiously watched
jury-room door would open; but when the clock hands neared three,
suspense intense and painful became more and more visible in every
countenance. It seemed to be only now that men fully realized all that
was at stake, all that was in peril, on this trial! _A conviction in
this case rendered the national colour of Ireland for ever more an
illegal and forbidden emblem_! A conviction in this case would degrade
the symbol of nationality into a badge of faction! To every fevered
anxious mind at this moment rose the troubled memories of gloomy
times--the "dark and evil days" chronicled in that popular ballad, the
music and words of which now seemed to haunt the watchers in the
court:--

"Oh, Patrick, dear, and did you hear
The news that's going round?
The shamrock is by law forbid.
To grow on Irish ground.
No more St. Patrick's day we'll keep--
His colour can't be seen,
For there's a bloody law again
The Wearing of the Green."

But hark! There is a noise at the jury-room door! It opens--the jury
enter the box. A murmur, swelling to almost a roar, from the crowded
audience, is instantly followed by a deathlike stillness. The judges are
called; but by this time it is noticed that the foreman has not the
"issue-paper" ready to hand down; and a buzz goes round--"a question; a
question!" It is even so. The foreman asks:--

Whether, if they believed the speech of Mr. Martin to be in itself
seditious, should they come to the conclusion that the assemblage was
seditious?

Mr. Justice Fitzgerald answers _in the negative_, and a thrill goes
through the audience. Nor is this all. One of the jurors declares there
is no chance whatever of their agreeing to a verdict! Almost a cheer
breaks out. The judge, however, declares they must retire again; which
the jury do, very reluctantly and doggedly; in a word, very unlike men
likely to "persuade one another."

When the judges again leave the bench for their chamber, the crowd in
court give way outright to joy. Every face is bright; every heart is
light; jokes go round, and there is great "chaff" of the crown
officials, and of the "polis," who, poor fellows, to tell the truth,
seem to be as glad as the gladdest in the throng. Five o'clock
arrives--half-past five--the jury must suavely be out soon now. At a
quarter to six they come; and for an instant the joke is hushed, and
cheeks suddenly grow pale with fear lest by any chance it might be evil
news. But the faces of the jurymen tell plainly "no verdict." The judges
again are seated. The usual questions in such cases: the usual answers.
"No hope whatever of an agreement." Then after a reference to the
Solicitor-General, who, in sepulchral tone, "supposes" there is "nothing
for it" but to discharge the jury, his lordship declares the jury
discharged.

Like a volley there burst a wild cheer, a shout, that shook the
building! Again and again it was renewed; and, being caught up by the
crowd outside, sent the tidings of victory with electrical rapidity
through the city. Then there was a rush at Mr. Martin and Mr. Sullivan.
The former especially was clasped, embraced, and borne about by the
surging throng, wild with joy. It was with considerable difficulty any
of the traversers could get away, so demonstrative was the multitude in
the streets. Throughout the city the event was hailed with rejoicing,
and the names of the jurymen, "good and bad" were vowed to perpetual
benediction. For once, at least, justice had triumphed; or rather,
injustice had been baulked. For once, at least, the people had won the
day; and the British Government had received a signal overthrow in its
endeavour to proscribe--

"THE WEARING OF THE GREEN."

* * * * *

For one of the actors in the above-described memorable scene, the
victory purchased but a few hours safety. Next morning Mr. A.M. Sullivan
was placed again at the bar to hear his sentence--that following upon
the first of the prosecutions hurled against him (the _press_
prosecution), on which he had been found guilty. Again the court was
crowded--this time with anxious faces, devoid of hope. It was a brief
scene. Mr. Justice Fitzgerald announced the sentence--six months in
Richmond Prison; and amidst a farewell demonstration that compelled the
business of the court to be temporarily suspended, the officials led
away in custody the only one of the prosecuted processionists who
expiated by punishment his sympathy with the fate of the Martyred Three
of Manchester.

END.