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FORE:The State prosecutions commenced in January, 1844, in the Court of Queen's Bench, before the Lord Chief Justice Penefather, and Justices Burton, Crampton, and Perrin. Besides the Attorney and Solicitor-General, there were ten counsel employed for the Crown, and there was an equal number on the side of the traversers, including Mr. Sheil, Mr. Hatchel, Mr. Moore, Mr. Whiteside, Mr. Monaghan, afterwards Chief Justice, Mr. O'Hagan, and Mr. Macdonogh. This monster trial was remarkable in many respects. It excited great public interest, which pervaded all classes, from the highest to the lowest. It lasted from the 16th of January to the 12th of February; the speech of the Attorney-General occupied two days; the jury list was found to be defective, a number of names having been secretly abstracted; newspaper articles were admitted as evidence against men who never saw them; the Lord Chief Justice betrayed his partiality in charging the jury, by speaking of the traversers as "the other side." The principal witnesses were shorthand writers from London, avowedly employed by the Government to report the proceedings of the monster meetings. Mr. Jackson, reporter for the Morning Herald, also placed his notes at the service of the Government. Mr. O'Connell defended himself in a long argument for Repeal, and an attack on the Government. The most brilliant orations delivered on the occasion were those of Sheil and Whiteside. Mr. Fitzgibbon, one of the counsel for the traversers, made a remark offensive to the Attorney-General, Mr. T. C. B. Smith, who immediately handed him a challenge, in the presence of his wife, while the judges had retired for refreshment. The matter was brought before the court, and, after mutual explanations, was allowed to drop.But these assumptions of new territories and new honours had, as we have seen, alarmed the Northern Powers and Austria. They saw that they could have no peace with such a man, except it were a peace of continual encroachment, humiliation, and slavery, and Russia went so far as to recall her Ambassador, though without a declaration of war.[504] There was the utmost necessity for union, caution, and the exertion of every ability. But the folly and incapacity of those nations appeared to rise in intensity in proportion to the actual need of wisdom, and to the genius of their enemy. Britain, could give them money, but she could not give them talent and sagacity. Before Russia could march down to unite with Austria, Austria, which had so long hung back, and thus delayed the operations of Alexander, now showed as fatal a temerity, and commenced the campaign alone. She rushed into Bavaria, whose Elector, Maximilian Joseph, had entered into league with Buonaparte, in common with Würtemberg and other German States. The Emperor Francis had despatched Schwarzenberg to Munich, to endeavour to prevail on him to unite with Austria against the common enemy of Germany. Maximilian Joseph pleaded that he was quite resolved on doing that, but that his son was travelling in France, and he prayed time to recall him, or Buonaparte would wreak his vengeance upon him. This should have induced Francis of Austria to delay at least a sufficient time for this purpose, especially as it gave another chance for the decision of Prussia in their favour, when it saw the Russians already on the march. Whether the Elector of Bavaria would eventually have kept his promise is doubtful, for Napoleon was, on the other hand, pressing him close, through his Ambassador, M. Otto, to proclaim openly the secret alliance concluded with France.

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