of laughter, and returning, having scalped his foe, said "Hurrah! see, Kellett, I've got the wig of that rascal who has just bilked me of my fee." He then threw open the window, and his smiling face elicited a hearty cheer. "See, boys," he cried, "what I have for you. The owner of the superfine wig has walked off with my fee." Shouts of laughter resounded as O'Connell flung the head-gear among the Cork boys, who tossed it, with infinite glee, from one to another. Soon as the late owner of the wig appeared, he was assailed by groans and hisses, that, in addition to the loss of his wig, made him bitterly regret having deprived O'Connell of his fee. A case where the venue was laid in county Kerry, for trial in Tralee, was sought to be tried in Dublin. The motion to change the venue was moved by a barrister named Scriven, whose countenance was very plain, and whose political sentiments were diametrically opposed to those of O'Connell. O'Connell resisted the application, urging the fact that the witnesses all resided near Tralee, and that Kerry was the proper venue. To Mr. Scriven's objection, "that he had no personal knowledge of Kerry," O'Connell said, "When you come amongst us we'll be glad to show you the lovely lakes of Killarney." "Yes," growled Mr. Scriven, "the bottom of them." "Oh! no," answered Dan, "I would not frighten the fish !" We were told one of his first cases in which he distinguished himself, like Mr. Burton, was a fishery case. He was for the plaintiff, who sought compensation for damage done to his weir, near Youghal, in the county of Cork. This weir was in existence time out of mind; tradition, indeed, as signed its erection to the time of weir." The point in issue was, whether the weir was an open or close one. The argument for the defendant was, that the very name lax weir denoted it was an open one, and this seemed to be the idea entertained by the jury. Some philologist in court wrote on a slip of paper, "In the Danish language, lacks can be construed salmon." This was handed to O'Connell, who immediately contended that what was meant by the term lax weir was a salmon weir, according to the Danish language. This satisfied the jury, who found a verdict in favour of O'Connell's client. He never found out the name of his informant, who, according to the adage, "a friend in need is a friend indeed," so opportunely came to his assistance. An amusing instance of how O'Connell's suaviter in modo succeeded, when Harry Deane Grady's fortiter in re failed, is among the traditions of the Munster Circuit. These two eminent members of the Circuit were posting homewards from Cork, and stopped at Fermoy to change post-horses. A few miles farther on their road, towards Clogheen, they had to cross Kilworth Mountain, then reported as the haunt of Brennan, a noted highway-robber, and his gang. Both bore arms-pistols; but, alas! they were in the predicament of the mayor of Coventry who could not fire a salute for Queen Elizabeth because he had no powder. How to get a supply was the question. Fermoy, at this period, was not the bustling, busy, thriving, compact, wellsituated, and well-shopped town it is to-day, but consisted of an old bridge and a few cabins, a hotel and posting establishment. While poudering on the state of the case, a clattering of hoofs, clashing of steel scabbards, the hurried word "Halt!" announced an arrival, and, from the coffee-room of the inn, the two gentlemen of the bar beheld an escort of dragoons returning from having seen His Majesty's judges safely on their road. The morning was wet, the troopers thirsty, and soon they were practising, with considerable activity, at the bar of the inn. They were in charge of a corporal, and H. D. Grady, turning to O'Connell, said, "I'll try and get some powder from the dragoons." He went into the hall, and addressing the corporal, bluntly said,"Soldier, will you sell me some powder ?" officer The non-commissioned looked at the speaker very haughtily as he replied, "I have no powder given me to sell." "Then perhaps you'd buy some for me?" "I have no time to do your errands," he said, turning away. Grady returned rather crestfallen. "He's a surly fellow, Dan," he said, "he'd neither sell me any nor buy some for me." "I heard what passed," replied Dan, "and you did not go the right way about it. You hurt his dignity in the first place. And now I'll take him in hand, and see what I can make of him." "Do so," replied his companion. O'Connell strolled about the hall, as if by accident, and accosting the commander of the little squad, observed, "This is very heavy rain, sergeant; I fear you must have got a great wetting. May I offer you a dram!" "Thank you kindly, sir," said the dragoon. While the man was sipping the glass of whisky, O'Connell said, he was in a predicament, as he was about to cross Kilworth Mountain, and just discovered he had left Cork without any powder for his pistols. Perhaps," he said, "you'd kindly put me in the way of a charge or two, that I might be able to show fight in case of meeting with Brennan or any of his gang." "Indeed I will, with much pleasure, sir," replied the corporal, producing several cartridges from his pouch, and letting O'Connell take half a dozen. He then rode away, and O'Connell brought them in triumph to his friend. 66 Dan," exclaimed Deane Grady, "I see you have the knack. There's nothing like blarney.". The late Professor Michael Barry told me the following: O'Connell was engaged defending a Whiteboy named Lucy, in the Crown Court, while a heavy record case, in which he held a brief, was being tried in the next court. Several messengers were despatched for O'Connell, but as Lucy was indicted for a capital felony, O'Connell refused to leave the Crown Court. At length a verdict in favour of his client set him free, and he went at once to the record court. Mr. Jackson, his colleague in the civil case, sorely beset, and turning rather sharply, said, "O'Connell, why have you been absent so long?" "I could not leave while my client's fate was in danger," he replied. "What has been done in Lucy's case?" "Acquitted," triumphantly replied O'Connell. "Then you have saved from the gallows a wretch unfit to live," answered Jackson. was "I am sure, my dear Jackson," observed O'Connell, "so pious a man as you are will agree with me, that, if Lucy be unfit to live, he is still more unfit to die." His great tact and fertile invention in suggesting tion in suggesting grounds for acquittal of his numerous criminal clients form the subjects of a great many bar anecdotes. I give a few. He defended a man named Pat Hogan, indicted for wilful murder. The chief evidence against the prisoner was the finding of his hat near the corpse. That a foul murder had been committed was an undoubted fact, but, except for the hat, there was not much to fasten guilt upon the accused. This O'Connell felt, so when he came to cross-examine the witness who swore to finding the hatPat Hogan's hat-near the body, and that the hat was identified, he took it up. "You are quite sure, my man," he said, in an insinuating tone, "this is the same hat you found near the dead body?" "It is, please your honour." "Was the name of the prisoner, PAT HOGAN"-he spelled it slowly-" in it, then ?" ""Twas, surely." "You could not be mistaken ?” "Och no, counsellor." "You may go down," said O'Connell, and addressing the judge, he said, "My lord, there is, really, no case for the jury here. They cannot rely on the last witness. There is no name in this hat.” The prisoner was acquitted. On another occasion, when he sought to discredit a witness to a case of assault, the witness admitted "he had been drinking with the prisoner, but denied he was SO drunk he did not know what happened." "On your oath, man," shouted O'Connell," did you not drink a pint of whisky ?" "Well, I tuk my share ov it." "By your oath, was not that all but the pewter?" "Troth, then, it just was." The jury acquitted in this case also. When O'Connell was first called to the bar, Limerick was then much disturbed by Whiteboys, and he had usually the dock to defend, one of the officials in the gaol of that city engaging him for that purpose. The other counties also felt the benefit of his talents; and throughout the whole circuit he was pre-eminently the prisoners' counsel. When he became distinguished as a nisi prius lawyer, he was not able to devote as much of his time to criminal business as formerly; but so long as he would accept these briefs no one else would be retained. Among other members of the circuit, natives of Kerry, were George Blake Hickson, Q.C.; John Leahy, Q.C., chairman for some years for the county of Limerick ; Thomas Gallwey, and some others. Our route to Cork usually induced us to visit, and re-visit, the lovely Lakes of Killarney, and the source of the Lee. All this scenery has been repeatedly described by competent pens, but nowhere is the scenery of the Lee better described than in the beautifully written account of the Lee in the pages of the DUBLIN UNIVERSITY MAGAZINE,* the production of one whose writings confer alike instruction by their learning, and delight by the grace and charm of a perfect style. To these pages we recommend our readers. Cork, the last and chief town on the Munster Circuit, is called from the corcagh, or fen, on which it is built. The principal street, Patrick Street, is built upon a branch of the River Lee which formerly intersected the city, like the canals of Venice; and now, in seasons of flood, the river asserts its power, and converts the streets into miniature canals. There has been very considerable improvement in the appearance of the capital of Munster of late years. In Patrick Street, the statue of the Apostle of Temperance reminds the citizens of the • Vol. xxxi. p. 626. benefits conferred by that humble friar, a fact which the votaries of Bacchus seem very much disposed to ignore. At the end of Patrick Street, to the left of the Grand Parade, Great George's Street branches to the right, and the court-house is built at the end of Great George's Street. The splendid Corinthian columns supporting the portico won the applause of Lord Macaulay, who declared "they would do honour to Palladio." There are two courts, with rooms for the bar, and spacious grand jury rooms, and long passages, with several offices and apartments. In the county grand jury room is a wooden statue of King William III., which, according to Mr. Windele, was originally intended for his father-in-law, James II. This statue, on the defeat of the Stuarts, was first decapitated, and then hidden away beneath the stairs of the old court-house, called the King's Old Castle. When this building was being repaired, in 1806, the mutilated statue of King James was found, taken from beneath the stairs, placed in the grand jury room, and the headless trunk perfected with the head of William III. From this room it was removed to the grand jury room in the present court-house in 1836. Statues seem not much in favour in Cork. The statue which was ordered by the Corporation of Admiral Lord Hawke, was left on the artist's hands, and purchased by the Marquis of Thomond. His lordship placed it near the battery at Rostellan, with its back to the ungrateful city. It is now in the hall of that noble mansion, amid a collection of weapons and curiosities amassed by the present estimable owner, Dr. Wise. A statue voted by the Corporation of Cork to Lord Chatham, was also ignominiously treated. His lordship so lauded the city and citizens for their support to his views of state policy, that, in a fit of enthusiasm, they voted him a statue, and the freedom of the city in a gold box. But on some occasion, when the conduct of the great statesman was not such as the Corporation approved of, and Cork was referred to as censuring him, he is stated to have said, "Quote Cork against me, forsooth! What do I care for what is done in Cork, that refuge for pirates, that spawning ground for smugglers, and prolific nursery of privateers." These strong terms so incensed the citizens that they stowed away the statue in a wooden box, from which it has recently emerged, and now adorns the Cork Athenæum. The environs of Cork afforded the members of the Munster Circuit many agreeable tours-to Blarney Cove, now Queenstown, the lovely Carrigalin river, Rostellan, Ast Ferry, &c. These localities are so familiar to my readers, that it would be waste of time to attempt any description of them. The bar mess in my time was held at the Imperial Hotel, and the excellent fare provided for us, and the attention of the proprietors and waiters, evinced their gratitude for our preference. In the neighbouring South Mall the judges had their lodgings, and they too were well catered for. I have now gone through the circuit towns, and proceed to mention some of the natives of Cork who have gained merited distinction in our legal history: Sir Richard Cox, Lord Chancellor of Ireland, was born at Bandon, in the county of Cork, March 25, 1650. Alan Brodrick, Lord Midleton, Lord Chancellor of Ireland, was born at Midleton, in the county of Cork, about 1660. Barry Yelverton, Lord Avonmore, Lord Chief Baron of the Exchequer, born at Kanurk, county Cork, in 1736. born in county Cork; at all events he belongs to a Cork family. Mounteford Longfield, Judge of the Landed Estates Court, born in county Cork. John Fitz Henry Townsend, Judge of the Admiralty Court, born in county Cork. These are some of the natives of the Yorkshire of Ireland who have attained the dignity of the bench. There are a number of others, natives of the province of Munster, now winning fame and fortune at the bar, to whom, I make no doubt, the future historian of the circuit will turn, and mention as adding to the illustrious men it has been my province to enumerate. We now resume the detail of the business of the circuit for the early part of the present century. |