The still growing history of the Irish State trial has
been en- livened by a characteristic sally, the most unfortunate for the
Crown that has yet occurred. The defence began on Saturday, with Mr. SHEIL'S much-expected oratorical display—a picturesque and animated though not very massy grouping of the whole case ; de- scribing the agitation less as an effort specifically for Repeal, than as one to better the condition of Ireland—as a stage in the great struggle for human improvement, a sequel to Catholic Emancipa- tion, the Reform Bill, and the like, carried on by earnest and elo- quent but peaceful and philanthropic men. Had the Irish Jury given a verdict at the moment when Mr. SHEIL threw himself back in his seat, perhaps they might have acquitted the accused by acclamation. But to him succeeded Mr. Moons, attempting to extricate the Reverend Mr. TIERNEY from connexion with the Repeaters, and partly damaging the evidence against him ; then Mr. HATCHELL, try- ing to diminish the "humble person" Mr. RAY, Secretary to the Re- peal Association, almost to the dimensions of an usher—a person of no importance, and quite beneath a State prosecution ; and Mr. FITZGIBBON, nominally defending Dr. GRAY, but really grappling with the law of " conspiracy" that threatened all the traversers- which he did with some effect. Mr. FITZGIBBON is a rough-spoken advocate, not very punctilious in his assaults on those opposed to him ; and thus the Attorney-General was spattered with some rather extraprofessional reviling, as an interested instrument in an unfair prosecution. It was even hinted that he was as bad as Sir EDWARD COKE in the prosecution of RALEIGH—the cruel, insolent, and corrupt Cons! That Mr. SMITH'S displeasure was excited, is not to be wondered at ; but people were never more astounded, more struck with a sense of impropriety and ridicule, than when they learned that the Attorney-General had challenged the over- zealous counsel opposed to him ! challenged him—in court—al- most in the presence of the Judges ! Much might be said to excuse THOMAS BERRY CUSACK SMITH for the escapade; but merely to men- tion the fact, is to say that the Attorney-General is without excuse. The management of one of the most cumbrous and embarrassing trials ever undertaken by a Government rested with him ; it was essential that the conduct of Government should before all the world be discreet, impersonal, cool, collected ; the sacred majesty of the law was especially to be respected by those who had evoked it : yet, with all this responsibility, Mr. SMITH commits himself, be- fore the Bench and before the Jury, to a vulgar duelling-brawl ! Had Mr. Frrzumnon been equally rash, and both sallied forth on the spot to settle their pleadings at the pistol's mouth—had Mr. SMITH resumed his brief with his brother barrister's blood upon his hand, his position could scarcely have been more derogatory than when he was exposed by his antagonist to the Court and rebuked by the Bench. It is difficult to say whether the outrage is more absurd or disgraceful. Mr. SMITH must relinquish his post of tirst Law-officer for Ireland.
