which will long remain the reproach of British lawyers. We shall not
probe the motives which led to the appointment of two such men as
Justice Mellor and Justice Blackburne as Judges of the Commission,
but history will be at no loss to connect the selection with their
peculiar character on the bench. Nor shall we analyze the speeches
of the Attorney-General and his colleagues, in which the passions and
prejudices of the jury were so dexterously appealed to. The character
of the evidence demands more study. The witnesses consisted of the
policemen present at the attack, the prisoners who were locked with
Kelly and Deasey in the van, and the bystanders who saw the affray or
assisted in stoning the prisoners before and after they were captured.
They swore with the utmost composure against the four prisoners. Allen
was identified as one of the leaders, and he it was whom most of the
witnesses declared to have fired through the door. On this point,
indeed, as on many others, there was confusion and contradiction in
the evidence: some of the witnesses were sure it was O'Brien fired
through the door; others were inclined to assign the leading part to
Condon; but before the trial had gone far, it seemed to be understood
that Allen was the man to whom the death of Brett was to be
attributed, and that the business of the witnesses was to connect
the other prisoners as closely as possible with his act. On one point
nearly all of the witnesses were agreed--whoever there might be any
doubt about, there could be none concerning Maguire. Seven witnesses
swore positively to having seen him assisting in breaking open the
van, and some of them even repeated the words which they said he
addressed to them while thus engaged. On the evening of Friday,
November 1st, the trials terminated. It was past five o'clock when
Judge Mellor concluded his charge. The court was densely crowded, and
every eye was strained to mark the effect of the judge's words upon
the countenances of the prisoners; but they, poor fellows, quailed not