Mr Dobbs then on behalf of the traverser declared he hardly knew what he ought to say, after such a prosecution, acquittal was out of the question, for conviction was impossible. But in such a business it was necessary to say something that might go along with that acquittal, to satisfy the public of the innocence of the young gentleman accused, whose propriety of conduct, and amiableness of manners, had never before been questioned.
Mr Dobbs said that in such a business it was not easy to separate the consideration of it from the situation and disposition of the family to which the traverser belonged: Sir Patrick Bellew, his father, was, in point of rank, fortune and respectability, one of the first in the list of Irish Roman Catholics; to suppose that such a man, either in his own person, or through the medium of his son, should encourage the Defenders was out of all line of probability. What other termination of the success of such a body could he look for, than that which had taken place in a neighbouring country? Had it been in the interest of Roman Catholics in France of the description of Sir Patrick Bellew, to encourage tumult and riot? as it was there, so would it have been here: and rank, property, respectability, no matter what the religion of the owner might be, would have been the signal of destruction, whilst those who possessed them, must either have abandoned their country, or perished in the field, or on the scaffold. But, said Mr Dobbs, the sentiments of Sir Patrick Bellew and his family do not depend on probability, they are known from their positive conduct; that they might from their situation have taken a lead in the late Catholic convention which assembled, cannot be denied; knowing however that such a meeting was contrary to the wishes of government, they did all they could to prevent that mode of applying for the just rights of Catholics, though equally anxious with the rest of their brethren, that such rights should be obtained. Had riot been their object, and had they fought to be at the head of the Defenders, will any man believe that such would have been their conduct; to be the leader of any body of people, all their wishes must be acceded to; and the loss of popularity with the mass of the lower orders of Catholics, of whom the Defenders were composed, was the inevitable consequence of opposing so favourite a measure as that of the election of delegates.
Mr Dobbs said that there was if possible a stronger point of view, in which their conduct was to be placed; it had appeared this day in evidence, that Sir Patrick Bellew and his family had about the time in question formed an armed association, composed of themselves and the neighbouring tenants, in order to support government and to bring to justice all offenders against the laws; many persons had in consequence thereof, been taken by them, brought before different magistrates, and three of them had been tried, convicted and executed; this speaks stronger than a thousand arguments, that every tumultuous proceeding in the county was against the wish of that truly respectable family.
Mr Dobbs said, from the testimony that had been given on the table, it appeared to him extraordinary that such a trial had ever taken place: how such an unfounded prosecution had arisen was not easily to be accounted for; he said that he would not suppose that any man or men of consequence or influence could have been the instigators of it; and he concluded with saying that he felt himself warranted in declaring, in the face of the county, that wherever it originated, it was one of the most scandalous and unjustifiable accusations that had ever come before a public tribunal.
Mr William Bellew on the same side observed, that in a case like the present, he would consider it a disgrace to the gentleman accused to be obliged to call a single witness in defence of his conduct; that therefore they would go into no evidence on his behalf.
Mr Saurin on behalf of the Crown, then rose and said that he hoped no such impression as that which had fallen from Mr Dobbs which he naturally intended to produce would prevail against the government of the country, or those acting on their behalf in this business. That the government of this kingdom in attending to its peace, and taking the steps necessary to preserve it, know no distinction of rich or poor. That riot and sedition had unfortunately for some time prevailed in the county of Louth, and some other neighbouring counties. That the government of the kingdom had sent down its officers to prosecute the offenders; that they found an accusation against a son of Sir Patrick Bellew’s, and that they merely as their duty pointed out, took up and attended to that accusation, which they found prepared when they came to the assizes. That as with respect to Sir Patrick Bellew, he was known to be a man of property, and of respectability in the county in which he lived; and that he understood he and his family stood very respectably with the government of this kingdom. That as to the present prosecution, since the time it had been before those who act for the Crown, he could only say that they had not been very anxious to bring it forward; and that the matter being now before the Court was a circumstance in fact much more owing to the exertions and solicitations of the family of the gentleman accused than to any desire of those acting for the Crown to bring it forward; that nothing violent or oppressive had been done by them in carrying on the business: on the contrary, that the second witness produced by the Crown had been examined at the request of those acting for the gentleman accused, in order to afford an opportunity to them of cross-examining him. That under the circumstances he trusted that no imputation could lie at the door of those acting for the government of the kingdom for the part they had taken in this business. That as to the question at issue, he would not hesitate to say, that from what had appeared he was satisfied in his own mind that the gentleman accused was perfectly innocent; and that the person described by the first witness cannot have been he, but must be some other person.
Mr William Bellew said that after what had fallen from Mr Saurin, he thought it necessary to say that no idea ever existed in his mind or the minds of the family of the gentleman accused unfavourable to the government of the kingdom, or those acting on their behalf, for the part they had taken in the present business; that on the contrary as far as they were concerned, he had nothing to state but his public acknowledgement for a conduct marked throughout with the utmost politeness, candour and fairness; but that in saying this much, he begged to be understood as speaking of those who acted on behalf of the government of the kingdom.
To be continued …