All this time the Government adhered to their determination not to put the Crimes Act in force, but merely to place accused persons on trial before juries at the Assizes. The results were as follows: At the Summer Assizes in 1907, 167 persons were returned for trial; of these, 57 were actually tried, of whom three were convicted, 31 acquitted, and in 23 cases the juries disagreed. The trials of the remaining 110 were postponed. At the Michaelmas sittings, 94 persons were put on trial, of whom 5 were convicted and 2 acquitted; in 72 cases the juries disagreed, and in the remaining 15 the Crown abandoned proceedings. At the Winter Assizes 86 persons were tried for unlawful assembly, riot and conspiracy in connection with cattle-driving. None were convicted; 11 were acquitted; in 12 cases the prisoners were discharged on legal points; and in 63 the juries disagreed.
I fully admit that there is much to be said for the juries who refused to convict. When a Government is doing its utmost to suppress anarchy and to enforce law and order, it is no doubt the duty of every loyal subject to render assistance even at the risk of his own life and property. But when a Government is conniving at anarchy, and deliberately refusing to put in force the Act which would put a stop to it, I say it is too much to expect of any man that he should face the prospect of being ruined and probably murdered, and his family reduced to beggary, in order to enable the Government to keep up the farce of pretending that they are trying to do their duty.
During the first half of 1908, there were 418 reported cases of cattle-driving; and arson, outrages with firearms, meadow-spiking, and similar offences increased in proportion. The judges urged in vain that the law should be put in force. But the policy of the Government remained unchanged; the Daily News (the Government organ) when cattle-driving was at its height said that thanks to the excellent government of Mr. Birrell cattle-driving now had practically become extinct even in those few parts of the country in which it had existed; and in July Mr. Birrell, addressing a political meeting at Port Sunlight, said that:-
"They were led to believe that the state of Ireland was of an appalling character, that crime predominated, and that lawlessness almost universally prevailed. All he could say was that a more cheerful land was nowhere to be found."
In 1909 matters became somewhat quieter, chiefly because Mr. Birrell promised to introduce a Land Bill by which the cattle-drivers hoped to get all they wanted. Hence their leaders advised them to "give Birrell a chance," but Mr. Redmond warned the Government that if they did not carry out their pledge, they would speedily find Ireland ungovernable. In February 1909, Lord Crewe, speaking for the Government in the House of Lords, made the remarkable statement:-
"As regards intimidation, I have always shared the view that well-organized intimidation cannot be checked by law. I know no method of checking it."
If this is not an admission that the Government had failed in their duty, it is hard to say what is. The result of their line of action will be seen by the following table, which has been taken from various returns which the Ulster members, by repeated questions in Parliament at last succeeded in forcing Mr. Birrell to make public:-
| Agrarian outrages | 1906 | 234 |
| " " | 1907 | 372 |
| " " | 1908 | 576 |
| Cattle-drives | 1905 | Nil |
| " " | 1907-8 | 513 |
| " " | 1908-9 | 622 |
| " " | 1908 | 219 |
| Cattle maiming, mutilating, etc. | 1907 | 142 |
| Persons boycotted | 1907 | 196 |
| " " | 1908 | 270 |
| " " | 1909 | 335 |
| Cost of extra police | 1908 | £47,000 |