‘The company on their quarrel broke up, and the next morning the spy met the Counsellor at the place appointed, at a distance from Mr. Robbins’s house, to prevent suspicion, and there told the Counsellor what intelligence he had got; the Counsellor not being then a justice of the peace, got his brother to send for Moll Brophy to be examined; but when she came, she refused to be sworn or to give any evidence, and thereupon the Counsellor had her tied and put on a car in order to be carried to jail on a mittimus from Mr. Robbins, for refusing to give evidence on behalf of the Crown. When she found she would really be sent to jail, she submitted to be sworn, and the Counsellor drew from her what she had said the night before, and something further, and desired her not to tell anybody what she had sworn.’
But if the Counsellor was acute, were there not others as clever as he? For when, in consequence of the information of Mrs. Brophy, some gentlemen who had been engaged in the burglarious enterprises in which Mr. Freeny obtained so much honour, were seized and tried, Freeny came forward with the best of arguments in their favour. Indeed, it is fine to see these two great spirits matched one against the other,—the Counsellor, with all the regular force of the country to back him—the Highway General, with but the wild resources of his gallant genius, and with cunning and bravery for his chief allies.
‘I lay by for a considerable time after, and concluded within myself to do no more mischief till after the assizes, when I would hear how it went with the men who were then in confinement. Some time before the assizes Counsellor Robbins came to Ballyduff, and told his brother that he believed Anderson and Welsh were guilty, and also said he would endeavour to have them both hanged, of which I was informed.
‘Soon after, I went to the house of one George Roberts, who asked me if I had any regard for those fellows who were then confined (meaning Anderson and Welsh). I told him I had a regard for one of them: upon which he said, he had a friend who was a man of power and interest,—that he would save either of them, provided I would give him five guineas. I told him I would give him ten, and the first gold watch I could get; whereupon he said that it was of no use to speak to his friend without the money or value, for that he was a mercenary man; on which I told Roberts I had not so much money at that time, but that I would give him my watch as a pledge to give his friend. I then gave him my watch, and desired him to engage that I would pay the money which I promised to pay, or give value for it in plate, in two or three nights after; upon which he engaged that his friend would act the needful; when we appointed a night to meet, and we accordingly met; and Roberts told me that his friend agreed to save Anderson and Welsh from the gallows; whereupon I gave him a plate tankard, value £10, a large ladle, value £4, with some tablespoons; and the assizes of Kilkenny, in spring 1748, coming on soon after, Counsellor Robbins had Welsh transmitted from Naas to Kilkenny, in order to give evidence against Anderson and Welsh; and they were tried for Mrs. Mounford’s robbery, on the evidence of John Welsh and others. The physic working well, six of the jury were for finding them guilty, and six more for acquitting them; and the other six finding them peremptory, and that they were resolved to starve the others into compliance, as they say they may do by law, were for their own sakes obliged to comply with them, and they were acquitted; on which Counsellor Robbins began to smoke the affair, and suspect the operation of gold dust, which was well applied for my comrades, and thereupon left the court in a rage, and swore he would for ever quit the country, since he found people were not satisfied with protecting and saving the rogues they had under themselves, but must also show that they could and would oblige others to have rogues under them whether they would or no.’
Here Counsellor Robbins certainly loses that greatness which has distinguished him in his former attack on Freeny; the Counsellor is defeated and loses his temper. Like Napoleon, he is unequal to reverses, but in adverse fortune his presence of mind deserts him.
But what call had he to be in a passion at all? It may be very well for a man to be in a rage because he is disappointed of his prey: so is the hawk, when the dove escapes, in a rage; but let us reflect that, had Counsellor Robbins had his will, two honest fellows would have been hanged; and so let us be heartily thankful that he was disappointed, and that these men were acquitted by a jury of their countrymen. What right had the Counsellor, forsooth, to interfere with their verdict? Not against Irish juries at least does the old satire apply, ‘And culprits hang that jurymen may dine.’ At Naas, on the contrary, the jurymen starved in order that the culprits might be saved—a noble and humane act of self-denial.
In another case, stern justice, and the law of self-preservation, compelled Mr. Freeny to take a very different course with respect to one of his ex-associates. In the former instance we have seen him pawning his watch, giving up tankard, tablespoons—all, for his suffering friends; here we have his method of dealing with traitors.
One of his friends, by the name of Anderson, was taken prisoner, and condemned to be hanged, which gave Mr. Freeny, he says, ‘a great shock’; but presently this Anderson’s fears were worked upon by some traitors within the gaol, and—
‘He then consented to discover; but I had a friend in gaol at the same time, one Patrick Healy, who daily insinuated to him that it was of no use or advantage to him to discover anything, as he received sentence of death; and that, after he had made a discovery, to leave him as he was, without troubling themselves about a reprieve. But notwithstanding, he told the gentleman that there was a man blind of an eye, who had a bay mare, that lived at the other side of Thomastown Bridge, whom he assured them would be very troublesome in that neighbourhood after his death. When Healy discovered what he told the gentleman, he one night took an opportunity, and made Dooling fuddled, and prevailed upon him to take his oath he never would give the least hint about me any more. He also told him the penalty that attended infringing upon his oath; but more especially as he was at that time near his end, which had the desired effect; for he never mentioned my name, nor even anything relative to me,’ and so went out of the world repenting of his meditated treason.
What further exploits Mr. Freeny performed may be learned by the curious in his history: they are all, it need scarcely be said, of a similar nature to that noble action which has already been described. His escapes from his enemies were marvellous; his courage in facing them equally great. He is attacked by whole ‘armies,’ through which he makes his way; wounded, he lies in the woods for days together with three bullets in his leg, and in this condition manages to escape several ‘armies’ that have been marched against him. He is supposed to be dead, or travelling on the Continent, and suddenly makes his appearance in his old haunts, advertising his arrival by robbing ten men on the highway in a single day: and, so terrible is his courage, or so popular his manners, that he describes scores of labourers looking on while his exploits were performed, and not affording the least aid to the roadside traveller whom he vanquished.