"I must now tell you a few particulars respecting that estate; and though, of course, you cannot receive as evidence what I tell you, still this course will be necessary, as I shall thereby be enabled to explain to you my object in obtaining answers to certain questions which I have asked, or shall ask, the answers to which you will take as evidence.

"In the time of the prisoner's grandfather, a house was built on this estate by a Mr. Flannelly, of this town, and the price of the building not having been paid, this man, the builder, obtained a mortgage on the estate for the amount of the debt. This is still due, though the house, as you have heard, is falling to the ground; and it has so been increased by interest not paid up and by legal charges, that it has completely embarrassed the present proprietor, who is even now unable to leave his house for fear of arrest. Mr. Keegan, whose name has often come before you in the evidence, and who, by and by, will be examined himself, is the son-in-law of this Mr. Flannelly, and owns, as I have no doubt I shall be able to prove to you, the whole interest in the estate of Ballycloran arising from this mortgage.

"The prisoner's time, since he ceased to be a boy, has been employed in futile endeavours to satisfy the legal claims of this man; and I shall prove to you by most undoubtable evidence that his industry in this object has been unceasing, and that his conduct as a son and a brother has been beyond all praise. But he has failed—times have been against him—legal costs have so swelled the legal interest as to consume the whole rents—those rents he has been unable to collect, and his life has been one manful struggle against poverty and Mr. Keegan;—and I could not wish my worst foe two more inveterate enemies.

"Some few days before Ussher's death—and now I am going to confine myself to that which I am in a position to prove—Mr. Keegan called on the Macdermots for the purpose of proposing certain terms for the adjustment of the debt, which were neither more nor less than that he should have the whole estate, paying a small weekly stipend for life to the prisoner's father. The prisoner was willing to agree, providing some provision should be made for his sister; but the father indignantly spurned the offer, and turned Mr. Keegan out of the house in no very gentle manner. The prisoner followed him into the avenue—still wishing to come to some arrangement; but the attorney was so enraged at the conduct of the father, that instead of listening to the son, he began abusing the whole family, and, as you have heard, applied the most shameful epithet to the sister with which the tongue of a man can defile the name of a woman. He afterwards struck the prisoner, who was unarmed, heavily with his stick; and I have no hesitation in telling you, that that quarrel, in which no blame appears to have been attributable to the young man, placed him in that dock.

"Brady, the confidential servant of the prisoner, both saw and overheard what took place at this interview, as he has told you, and he afterwards,—as he will not deny, though he will not confess it,—incited his master, during the period of his natural irritation, to go down to the wedding party, to meet a number of his tenants who would be willing to assist him in revenging himself against his enemy Keegan, the attorney, if he would assist them against their enemy, Ussher, the Revenue officer. And here my client made the one false step—and the only one which I can trace to him—and committed that folly from which this bitter foe has thought to ruin him. Irritated by the blow—his ear still ringing with the infamous name applied to his loved sister—full of his father's wrong, and his own hard condition, he consented to meet men whose object he knew was illegal; though what their plans were he was entirely ignorant.

"With reference to what took place at the wedding, I have, in the first place, to remark that from the character of this man Brady, I could confidently call upon you to reject every word of his evidence; and I shall presently show you in what respects and why you are bound to do so. But, in the present instance, I am satisfied to tell you that my client did attend that meeting. But mind, that was no illegal meeting—it was not secret; the door was not locked, nor even closed; it was a party of men met at the wedding of one of their own station. The woman to be married was a sister of the prisoner's servant, and it was natural that he should be present. He directs me positively to tell you that he did attend that meeting; though I also tell you, with confidence, that he committed no crime in doing so, and his lordship will corroborate what I tell you.

"It was, however, a part of the plan organised against the prisoner that he should be induced to commit an illegal act, and he was, as you have heard, brought when drunk to promise that he would go down to Mrs. Mulready's, to take upon himself illegal oaths and obligations.

"On the following day he was invited by this same Brady to come on a certain evening; but Macdermot was no longer drunk; he was no longer infuriated by the gross outrages he had received; and what did he do then? Did he go to Mrs. Mulready's to settle the particulars of this murder which he is said to have premeditated? Did he join these outlaws of whom he is represented to have been the leader? Did he even send them an encouraging message—a word of fellowship? No! Even by the testimony of this man, now so anxious to hang his benefactor—this man, who by his own showing was at the same time in the pay of the prisoner and of his enemy Keegan—he indignantly repudiated the idea; he at once informed this wretch—equally a traitor to his confederates and to his master—that he would have nothing in common with them or their schemes; and although threatened with the vengeance of the party, and with the authority of a magistrate, steadily refused even to enter the house in which they were accustomed to assemble. Why, from what I can learn of the young man and of his daily habits, I do not conceive that there is one of yourselves who would not be as likely to join an illegal society as he would. Patient under poverty—industrious under accumulated sufferings—he has led a life which would not have disgraced a priest; he has been ever found sincere in his thoughts, moral in his conduct, and most unselfish in his actions. Is this the man to join a set of senseless rioters, furious at the imprisonment of their relatives, and anxious only to protect their illicit stills? And this is no empty praise. That what I have said of the prisoner is no more than is his due, will be proved to you by evidence which I defy you to doubt. Well, he did not go to Mrs. Mulready's; but he did go to his friend and priest, Mr. Magrath; and not as a penitent to his confessor, but as a friend to a friend, told him exactly what had passed, lamented his indiscretion, and declared his determination never to put himself in the way of repeating it.

"Up to this time my chief object has been to show to you the enmity existing between Keegan and the prisoner,—the object which the former had in view in ruining the prisoner, and that Brady was a paid spy employed to entrap him.

"I shall now come to the deed itself, and I shall afterwards refer to what absolutely did take place at the meeting at the wedding. I have told you that young Macdermot did kill the deceased. He struck him with the stick which has been shown to you in court, and as he was rising from the blow he struck him again; and no doubt the medical witness was right in his opinion that the second blow occasioned instant death.