THREE:The first day of 1839 was marked in Ireland by an atrocious crime. The Earl of Norbury, an amiable nobleman, regarded as one of the most exemplary of his class, both as a man and a landlord, was shot by an assassin in the open day near his own house at Kilbeggan, and in presence of his steward. The murderer escaped. This event deserves special mention, because it was, during the year, the subject of frequent reference in Parliament. There was a meeting of magistrates at Tullamore, at which Lord Oxmantown presided, at which the Earl of Charleville took occasion to animadvert very strongly upon an expression in a letter, in answer to a memorial lately presented by the magistrates of Tipperary, in which Mr. Drummond, the Under-Secretary, uttered the celebrated maxim, that "property had its duties as well as its rights." This, in the circumstances of the country, he felt to be little less than a deliberate and unfeeling insult. He did not hesitate to say that the employment of those terms had given a fresh impulse to feelings which had found their legitimate issue in the late assassination. In the course of the meeting resolutions were proposed and carried to the following effect:"That the answer to the Tipperary magistrates by Mr. Under-Secretary Drummond has had the effect of increasing the animosities entertained against the[459] owners of the soil, and has emboldened the disturbers of the public peace. That there being little hope for a successful appeal to the Irish executive, they felt it their duty to apply to the people of England, the Legislature, and the Throne for protection."Here, had the Government been wise, they would have stopped; but they were not contented without experiencing a third defeat. The next morning, the 20th of December, they returned to the charge with an indictment against Mr. Hone for publishing a parody on the Athanasian Creed, called "The Sinecurist's Creed." The old Chief Justice was again on the bench, apparently as resolved as ever, and this time the defendant, on entering the court, appeared pale and exhausted, as he well might, for he had put forth exertions and powers of mind which had astonished the whole country and excited the deepest interest. The Attorney-General humanely offered to postpone the trial, but the defendant preferred to go on. He only begged for a few minutes' delay to enable him to put down a few notes on the Attorney-General's address after that was delivered; but the Chief Justice would not allow him this trifling favour, but said, if the defendant would make a formal request for the purpose, he would put off the trial for a day. This would have injured the cause of the defendant, by making it appear that he was in some degree worsted, and, fatigued as he was, he replied, promptly, "No! I make no such request." William Hone, on this third trial, once more seemed to forget his past fatigues, and rose with a strength that completely cowed the old and fiery judge. He did not desist till he had converted his dictatorial manner into a suppliant one. After quoting many eminent Churchmen as dissentients from the Athanasian Creed, and amongst them Warburton and Tillotson, he added, "Even his lordship's father, the Bishop of Carlisle, he believed, took a similar view of this creed." This was coming too near; and the judge said, "Whatever that opinion was, he has gone, many years ago, where he has had to account for his belief and his opinions. For common delicacy, forbear." "O, my lord," replied the satisfied defendant, "I shall certainly forbear." The judge had profited by the lesson to-day: he gave a much more temperate charge to the jury, and they required only twenty minutes to return the third and final victory of Not Guilty. Never had this arbitrary Government suffered so withering a defeat. The sensation throughout the country was immense. The very next day Lord Ellenborough sent in his announcement of retiring from[131] the bench, and in a very short time he retired from this world altogether (December 13, 1818), it being a settled conviction of the public mind that the mortification of such a putting-down, by a man whom he rose from his sick-bed to extinguish, tended materially to hasten that departure.
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