CHAPTER VI.
THE TRIAL.
Much alarm was created, through the county of Limerick, by the attackupon Mr. Shelton of Rossmore. The neighbouring gentry argued from it,and not without cause, that if a gentleman whose advanced years andbodily ailments had kept him aloof from the actual exercise of hismagisterial functions, were thus singled out, there was little hope forescape for those who had made themselves marked men, by determined andacknowledged resistance to and denunciation of the WhiteboysAccordingly, zeal being now quickened by fear for personal safety, itwas resolved that neither trouble nor expense be spared to discover thepersons implicated in this last affair. Many circumstances tended toestablish a conviction that the leader of the Whiteboys must be some onegreatly superior to those whom he commanded. The brief conversationwhich had been held with the officer at Churchtown, and Miss Shelton atRossmore, almost proved that one and the same person had commanded onboth occasions,--that he was a man of education and gentle bearing,--andthat it was necessary, above all, if the insurrectionary conspiracy wasto be put down, to strike at him, its life and soul.
Weeks passed by, and though many were suspected, and several taken intocustody by the police, no clue to the discovery of the veritable CaptainRock was yet discovered. At last, one of the persons apprehended onsuspicion--faint-hearted as a weak woman, and far less faithful--letfall some words which first excited suspicion against John Cussen. Nonotice appeared to be taken of them at the time, but the prisoner, whowas kept in solitary confinement for some time, was gradually workedupon by promises of large payment in the event of the conviction of theactual leader of the Whiteboys. He vacillated between cupidity and fearof his own personal safety. At last, he _stagged_--that is, he gavesome information, on the solemn promise that his having done so shouldnever transpire, that he should not be required to give any evidence inpublic, and that he should immediately be conveyed out of the countryfor safety.
At first, the magistrates hesitated to believe that John Cussen could beconcerned in the outrages which had spread alarm far and near, anddirected particular inquiries to be made respecting his habits, way ofliving, haunts, occupation, and companions. They ascertained, from thisscrutiny and espial, the fact of his frequent absences from home atnight; they obtained proof of his having been seen, within theprohibited hours, in remote places where outrages had been committed;and the conviction came upon their minds that Cussen, and none other,was the much-dreaded and long-concealed Captain Rock.
Orders were given to arrest him, and also to search his house. Among hispapers were found some documents which could scarcely have been inpossession of any but a leader of the disaffected. They wereinsufficient of themselves, however, to fix him as such.
The police and the military, charged with the warrant to arrest Cussen,received strict injunctions to avoid unnecessary violence. It wasanticipated, from his determined character and great personal strength,that he would resist any attempt to make him a prisoner. Contrary toexpectation, he surrendered himself without struggle or hesitation. Hewas found sitting tete-a-tete with old Frank Drew, at Drew's Court,--thesame to whom he had spoken so freely about the particulars of the attackon Churchtown Barracks,--and when he heard the measured tread of themilitary, as they came up the avenue, he paused in his conversation, andexclaimed, "They have come for me."
In custody his deportment, equally devoid of effrontery and fear, wasapparently that of an innocent man, and impressed very many with theidea that he was unjustly suspected. The magistrates, who knew better,but were compelled to conceal the source of their information, evenincurred some blame, from public opinion, for having apprehended anddetained him.
The difficulty was--how to prove that John Cussen was identical withCaptain Rock. In accordance with his compact with the authorities, thecraven who had given the clue had been quietly shipped off to England.The most liberal offers were secretly made, on the part of theGovernment, to induce some of the other prisoners to turn king'sevidence, but without avail. They knew, one and all, what share Cussen'shad been in the Whiteboy movements; but they were fully aware, also,that to appear in evidence against him would, in effect, be equivalentto the signing of their own death-warrant. They continued faithful tohim--and from higher motives, perhaps, than that of personal fear. Forhe was a man who possessed the power of winning hearts, and there weremany--very many of his followers, who had become so warmly attached tohim that they would have laid down their own lives to protect his fromharm.
It was believed that Miss Shelton, if she was so minded, could haverecognized his figure, his features, and the very tone of his voice. Shewas strongly urged to do so, in order "to promote the ends of justice;"but, grateful for the service which he had rendered to her brother, andremembering his personal courtesy to herself, she invariably declineddoing so, and, to avoid all compulsion or persuasion in the matter, wassecretly preparing to pay a visit to her elder sister, who had marriedan English gentleman, and resided at Bath. On her repeated refusal toassist the Crown, it was determined that, by means of a stratagem, sheshould be trepanned into identifying him.
Accordingly, Major Eeles, Captain Johnstone, and another officer of theRifle Brigade, made a morning-call at Rossmore, and, as if by accident,asked Miss Shelton and her sister whether they would not like to see thebarrack at Ballingarry, which they had repeatedly promised to visit. Aparty of six or seven was made up on the instant. The horses wereordered out, and very soon the party reached the barrack, in whichCussen was detained until his final removal to the county-prison ofLimerick. That such a person was there, was unknown to all the visitors.Accompanied by some of the officers' wives, whom they knew, the ladiesfrom Rossmore entered the room occupied by Cussen, heavily ironed andclosely guarded. As they were passing through it, Cussen was purposelyprovoked, by one of his guards, to speak loudly--angrily, indeed--tosome taunting remark. Alicia Shelton, recognizing the peculiar andunforgotten tone, seized her sister's arm, with a sudden impulse, andexclaimed--"It is the very man!" and would have fallen, but for supportimmediately rendered.
Cussen started at her exclamation, looked at her, "more in sorrow thanin anger," rose from his chair, raised his hat, and courteously salutedthe party. Miss Shelton, who avoided a second glance at him, restrainedher feelings, and did not again open her lips; but what she hadinvoluntarily said, slight as it was, sealed his fate--and he knew it.So did the officers who had planned the trick.
Government had directed that Cussen's trial should immediately takeplace. This was before Alicia Shelton had been betrayed into arecognition of the prisoner. She considered herself bound in honour notto give evidence to the detriment of one who had conferred a signalfavour on herself. But, on the night of the attack, Cussen had also beenseen and heard by her younger sister, whose bed-room window overlookedthe back-yard, and who had witnessed the occurrence between them. Notconsidering herself bound by any personal ties of gratitude, andsomewhat selfishly recollecting her own alarm rather than her brother'ssecured safety, Susanna Shelton declared that, for her part, she had noscruples in performing what she believed to be an act of justice tosociety. In addition, two of Cussen's followers, to save their own necksfrom the halter, promised, almost at the last moment, to turn king'sevidence--but as there was no certainty of their remaining in the samemind, when put into the witness-box (or, rather, as it actually was,upon the table in the Court), not much reliance was placed upon _them_.
* * * * *
The Assizes being several months distant, it was resolved not to wait,and a special Commission was sent down for the immediate trial of allpersons in custody under the Insurrection Act. At the same time, amessenger from the Castle of Dublin arrived at Rossmore with a _subp[oe]na_to enforce the attendance of Miss Shelton and her sister, as witnesseson Cussen's trial, and they were taken away to Limerick, in apost-chaise, escorted by a troop of dragoons. Apartments and allsuitable accommodation had been provided for them at Swinburne's--thenthe principal hotel in "the fair ci
ty of the Violated Treaty."
The trial is not forgotten by those who were present. The court-house ofLimerick was crowded to the very roof. I am proud to say, as anIrishman, that among that large audience, there was not even one female.Irish propriety, by a conventional arrangement rather understood thanexpressed, very properly prohibits the appearance of any of the fair sexin a Court of Justice, except where necessarily present as a party, orcalled upon as a witness. I write of what was the rule some thirty yearsago--matters may have changed since. On arraignment, Cussen pleaded "NotGuilty." After a long, fatiguing, and nearly inaudible speech--from Mr.Sergeant Goold--who had been eloquent, but, in his old age, had becomethe greatest proser, for a small man, at the Irish Bar--the evidence wasgone into. The case had been skilfully got up, but, though no moraldoubt could exist as to the prisoner's participation, if not leadership,in many Whiteboy offences, it may be doubted whether the proofs wouldhave sufficed for a conviction in ordinary times. The two informers, onwhose evidence much reliance had been placed, told their story volublyenough, but when the usher's wand was handed to them, that they mightpoint at the prisoner in identification, each shook his head andaffected never before to have seen him.
Cussen's equanimity was undisturbed throughout the early part of thetrial. When Mr. Sergeant Goold, in stating the case, alluded to theattack on Churchtown, the prisoner said that, in the copy of theindictment with which he had been served, there was no charge againsthim save for certain transactions alleged to have taken place atRossmore, and he desired to know whether it was purposed, or indeedwhether it was legal, to state a case or give evidence out of therecord? There was considerable sensation at this inquiry. The Judgereplied that Counsel ought to confine himself to the charge in theindictment, and admitted that the prisoner had exercised no more thanhis undoubted right in checking the introduction of irrelevant matter.The Crown Counsel had only to bow and submit to the opinion and reproofof the Judge. The prisoner appearing disposed to speak again, the Judgeasked whether he had any more to say? "Only this, my lord," said he,"that if it be my _right_, as prisoner, to check the introduction ofirrelevant topics, having a tendency to prejudice me with the jury, itsurely was _your duty_, as Judge, to have done so--particularly as mineis a case of life and death."
This was a well-merited reproof, given with a certain degree of dignity,and (for the Judge was a man of enlarged mind) did no injury to Cussen.
When Miss Shelton appeared on the table, Cussen appeared startled, forhe had been given to understand that she had positively refused toappear against him--indeed, it had been reported that she had even goneto England to avoid it. Compelled to give her testimony, she detailed,in the plain and forcible language of truth, under what circumstancesshe had seen Cussen at Rossmore--what peril her brother had beenthreatened with--what supplications she had made in his behalf--howpromptly the favour she had solicited had been granted--how kind theprisoner's words and demeanour to herself had been. She took occasion toadd that her appearance as a witness was against her own desire. She wasthen asked to turn round and say whether she then saw the person who hadacted as she had described. Not without great delay andhesitation--urged, indeed, by an intimation of the personal consequencesof her contumacy--did she obey, but, at last, she did identify theprisoner, saying, "That is the man who saved my brother's life, at myentreaty, and stood between myself and outrage worse than death." Cussenrespectfully acknowledged her evident feeling in his favour by makingher a low bow as she went down.
Her sister, who was cast in a coarser mould of mind and body, exhibitedno scruples, but gave her evidence with an undisguised antipathy towardsthe accused. The missing links, supplied by her testimony, made up astrong chain of evidence which, every one felt, it would be difficultfor Cussen to beat down, in any manner. It was expected, almost as amatter of course, that he would trust to proving, by an _alibi_, theimpossibility of his having been the person who was present on theoccasion referred to by the witness. Every one who saw him in the dock,where his bearing was equally free from bravado and fear, anticipatedsome very ingenious, if not successful defence. He very slightlycross-examined the witnesses for the prosecution, and then only onpoints which bore on his personal conduct. He declined availing himselfof the open assistance of counsel--though he had consulted eminent legalauthorities on various technical points, while in prison. But for theplace in which he stood, fenced in with iron spikes, and surrounded bythe police, one might have thought him merely interested, as aspectator, in the circumstances evoked by the evidence, rather than onewhose life depended on the issue. Cool, deliberate, and self-possessed,he entered on his defence.
It was of the briefest;--only a simple negation of the charge--a denialthat, even with all probability of its being true, there was legalevidence of such a breach of the law as involved conviction andpunishment--a regret that his identity should have been mistaken by theyounger Miss Shelton, who, had he really been the person at Rossmore,had never, even on her own showing, been so close to him as for her todistinguish his features--an expression of gratitude to Alicia Sheltonfor her evident disinclination to injure one who she believed hadtreated her with kindness--a strong disclaimer of imputing wilful errorto _her_, though he considered her sister not free from censure for herundisguised avidity in seizing upon every circumstance to convict him--areckless assertion that, come what might, he had outlived the desire ofexistence, and was prepared for any fortune. Such was the substance ofhis address, delivered in a manner equally free from bravado and dread.He concluded by declaring that, already prejudged by public opinion (thenewspapers, from the first, having roundly proclaimed that he, and noneother, was or could be the true Captain Rock), and with the undue weightgiven to slight and evidently prejudiced evidence, he felt that hisprospect of acquittal was small.
Mr. Sergeant Goold then arose to speak to the evidence for the Crown,and was interrupted by Cussen, who asked the Judge whether, when noevidence was called for the defence, the prisoner was not entitled, byhimself or counsel, to the last word to the jury? Mr. Sergeant Gooldanswered that the Crown, in all cases, was entitled to the last speech,and appealed to the Judge for confirmation of the assertion. Cussenagain addressed the Judge, and said that, in civil suits, the practicewas certainly not to allow the plaintiff the last speech when thedefendant did not call witnesses, for he had himself been a juryman, inthe other court, when such a circumstance had occurred. The Judge'sdecision was that, if he pleased to insist upon it, the counsel for theCrown might desire and exercise the right of speaking to the evidence,even when, as in the present instance, the accused had called nowitnesses, nor even made a defence. But, his Lordship added, perhapsunder the circumstances, Mr. Sergeant Goold would not exercise theright. Goold grumbled, and fidgeted, and muttered unintelligiblesentences about his duty, and finally, gathering up his papers, quittedthe Court in a huff, with the air of a person mightily offended.
The Judge then summed up the evidence, and charged the jury veryminutely--dwelling, more than was anticipated, on the remote probabilitythat the younger Miss Shelton might have been mistaken as to theidentity of the accused. But, said he, even if she were so situated thatrecognition of his person were even impossible, there is the evidence ofher sister, given with a reluctance which was creditable to _her_humanity, gratitude, and womanly feeling, which undoubtedly declaredthat the prisoner in the dock, and none but he, was the leader in theattack upon her father's house on the night named in the indictment.
The jury retired, and after a long deliberation, returned a verdict of"Guilty." Perhaps, of all persons in the court, the prisoner wasapparently the least moved by this announcement. His cheek did notblench, his lips quiver, nor his limbs tremble. He was called upon todeclare whether he had anything to say why the sentence of the lawshould not be passed?
Cussen, drawing himself up to his full height, declared, in a sonorousvoice, which filled the Court, and in the same collected manner whichhad characterized him during the whole trial, that nothing which hecould s
ay was likely to mitigate the sharp sentence of the law. "I havehad a fair trial," said he, "as from the excited state of the country,and the fears and feelings of the jury, I could reasonably expect. It isevident, from the time they have spent in deliberating on their verdict,that some of the jury, at least, had doubts in my favour. But," headded, "I make no calculation upon that, for I am aware that you, mylord, even while you comply with the formula of asking me whether I haveanything to say against my sentence, have no alternative but topronounce it. For my own part, I have faced death on the battle-field,too often and too boldly, to dread it in any shape. And for theignominy, I hold with the French philosopher, whose writings yourlordship is familiar with, that it is the crime, and not the punishment,which makes the shame. My lord, I stand, as it were, on the threshold ofanother world. My path is already darkened by the fast-advancingshadows of the grave. Hear me declare, then, that even if I were theCaptain Rock whom your jury declare me to be, my death, nor the death ofhundreds such as I am, cannot and will not put an end to disaffectionarising from laws oppressive in themselves, and rendered even more so bybeing harshly and partially administered. The spirit of the people isall but broken by long-continued and strong oppression. Betweenmiddlemen and proctors they have been driven almost into despair.Exactions, for rent and tithes, press increasingly upon them. Whateverlittle property they may have possessed has gradually melted away. Theircattle, under distraint for rent, crowd the pounds. Their miserablecabins are destitute of fuel and food. They feel their wrongs, and haveunited with the energy of despair to avenge them. Cease to oppress thesemen, and the King will have no better subjects. So much for them. Aconcluding word for myself. My lord, I have not called evidence, which Imight have done, to show that my general character is that of a manindisposed towards bloodshed and cruelty. It may be too late to hearthem now--but for the sake of others I would stand before the world asone who is not the blood-stained ruffian which the learned counsel forthe Crown has proclaimed me to be. I would tell _him_, were he here,that whatever else I have done, I have never been publicly branded bythe Legislature as a liar. My lord, I have done."
This bold attack on Mr. Sergeant Goold, who, three years before, hadbeen publicly reprimanded by the House of Commons for havingprevaricated, when giving evidence before the Limerick ElectionCommittee, was received with applause.
The Judge intimated that he was ready to hear evidence as to Cussen'scharacter, on which several gentlemen of high standing in the countycame forward and bore testimony greatly in his favour. The sentence ofdeath was then pronounced, with the usual formalities.
But Cussen's hour was not at hand. A memorial to the Government, fromAlicia Shelton, strongly setting forth the humanity which the convicthad manifested towards herself, was immediately forwarded. With it wenta petition, signed by several who had been interested with Cussen'sconduct on the trial, and believed that to execute their leader was theleast likely way of conciliating the Whiteboys. In due course, the Judgewho had presided at the trial was called upon to state his opinion. Itwas said that, viewing the case as it came out in the evidence, andwithout touching on the suspicion or presumption that Cussen had beenguilty of other breaches of the law, the report of the Judge wasstrongly in his favour. At all events, the Government complied with theurgent solicitations in Cussen's behalf, and commuted the sentence ofdeath into transportation for life.
As Cussen had heard his death-doom without any apparent emotion, hisreception of the mitigation of punishment was wholly devoid ofexultation. He requested that the prison authorities would convey histhanks to Alicia Shelton and the others who had interested themselves inhis favour.
It was said that an intimation was made to him, on the part of theExecutive, promising him a full pardon if he would give them a clue tothe Whiteboy organization, which they greatly desired to put down. Itwas reported, also, that, in his reply, he declared himself incapable ofbetraying any confidence which had been reposed in him,--that familycircumstances must prevent his desiring to remain in Ireland, on anyterms,--and he trusted there was a Future for every man who desired toatone for the Past. This was the nearest approach he ever made to anadmission that he had been involved in the Whiteboy movements. The"family circumstances" to which he alluded consisted of his having beenprivately married to a Miss Fitzgibbon, with whom he lived so unhappily,that even an enforced residence in New South Wales appeared a lesserevil than to remain with her in Ireland.[7]
[7] The friend who has given me this information respecting Mrs. Cussen, says that when she lived in Limerick, not long ago, her means appeared ample. Her father, who had been a rich cattle-dealer, grazier and farmer, near ----, had probably left her in easy circumstances. He was a Mr. Fitzgibbon, and very little indebted to education. He sent his daughter to a first-rate boarding-school, and permitted her, when grown to womanhood, to invite her former preceptor and a few more "genteels" to an evening party--the first ever given in his house. The young lady was somewhat affected, and, to show her education, used big words. Her father, who heard her say to the servant "Biddy, when the company depart, be sure and extinguish the candles," inquired what was the meaning of the word "extinguish." It means _to put out a thing_, said she. In the course of the evening the pigs got upon the lawn, which was overlooked by the drawing-room window, and made a terrible noise. Old Fitzgibbon, determined to be genteel among his daughter's fine guests, went to the head of the stairs, and loudly called out, "Biddy, go at once and extinguish the pigs from the front of the house!"
This, however, did not transpire until some time after he had quittedthe country.
He was transmitted to the convict-ship at Cove, on board of which thenarrator of this story, then a lad, had the curiosity to visit him. Ofcourse, no conversation arose as to the question of his guilt orinnocence. When Cussen learned that his youthful visitor was related toMiss Shelton, he manifested some interest, inquired after her health,begged she would accept his thanks for the favourable manner in whichshe had given her evidence, and said that she had strongly reminded himof a lady whom he had formerly known, and whose death had led to thecircumstances which had brought him to his present position.
The impression which remains on my mind, after the lapse of so manyyears, is very much in favour both of Cussen's appearance and manners.He was neatly dressed, and looked very unlike what might have beenanticipated--considering that he was the veritable Captain Rock. Hisvoice was low--"an excellent thing" in man as well as in woman. Therewas no appearance of bravado in his manner. The two turnkeys fromLimerick jail, who were in charge of him, spoke very highly of hisgentle disposition and uniform civility. They declared, such was theirconviction of his truth, that if, at any time, he had desired to leavethem for a week, with a promise to return by a particular day and hour,they were certain he would not break his parole.
On reaching Spike Island, he was attired in the convict costume,--andthe humiliating livery of crime appeared a great annoyance to him for aday or two. After that, he showed no feeling upon the matter. The"authorities" at Spike Island, who were much prejudiced against him, atfirst, speedily came to treat him with as much kindness as their roughnature and scanty opportunities permitted them to show.
Within three weeks of his conviction, John Cussen was _en route_ forBotany Bay. During the voyage, a dangerous epidemic broke out among theconvicts and the crew. The surgeon of the ship was one of the firstvictims. The commander, who had heard the report of the trial atLimerick, recollected that one of the witnesses had stated howgallantly Cussen had fought at Waterloo, when an army-surgeon, and askedhis prisoner whether he thought himself capable, in the existingemergency, of taking medical charge of the ship. Cussen replied in theaffirmative, but positively declined doing anything so long as he worethe convict-dress. His desire being complied with, he was released fromhis irons, intrusted with the care of the sick, and succeeded inmitigating their sufferings by the remedies he applied. The disease w
aschecked, so that the mortality was much less than was expected, and thisfavourable result was mainly attributable to Cussen's skill. On arrivingin New South Wales, this was so favourably represented to theauthorities, that a ticket of leave was immediately given to him.Proceeding up the country, he took a small sheepwalk, and was gettingon prosperously, when a party of bush-rangers attacked and devastatedhis little place. He immediately devoted himself to a contest with thispredatory band--long the terror of the colony--and did not rest until hehad so completely routed them, that the leaders were apprehended andexecuted, while the rest, one by one, came in and delivered themselvesup to justice.
The result was that, for this public service, Cussen received a pardon(the only condition being that he must not return to Ireland), withintwo years after his arrival in the Colony. He practiced for some time,as a surgeon, at Sydney, and having realized about five thousand pounds,proceeded to the United States. One of his first acts, after arriving inNew York, was to send to Ireland for the son of John Sheehan (the manwho had been shot on suspicion of Whiteboyism), now doubly orphaned byhis mother's death. He adopted him, in fulfilment of his promise at theWake, as related in the first chapter. His own wife and daughter, whomhe had liberally supplied with funds from New South Wales, declinedrejoining him there or in America, and were actually residing inLimerick a few years ago. Cussen eventually settled in one of theWestern States, where his capital at once enabled him to purchase andcultivate a large tract of land. He has been heard of, more than once,by those who knew his identity, as a thriving and influential citizen,under a slightly changed name.
The fact that Cussen had led the attack upon Churchtown Barracks was not_positively_ ascertained for several years after his departure fromIreland. In a death-bed confession, one of the party avowed it. To thisday, however, very many of the people in the County of Limerick, whowere well acquainted with Cussen, will not believe that he ever couldhave participated in such a cold-blooded massacre. They appeal, in proofof the gentleness of his nature, to the kind feelings which he exhibitedduring the attack on Rossmore.
It is clear, at all events, that by the conviction of Cussen, theWhiteboys lost a leader. The confederation was speedily broken up, forwant of its CAPTAIN ROCK. Nor, since that time, have the disaffected inIreland been able to obtain the assistance of any one so competent forcommand as was JOHN CUSSEN. His successors, from time to time, have beenbold, ignorant men, at the highest not more than one degree above thepeasantry whom they contrived to band together as United Irishmen,Ribbonmen, or Whiteboys. The peasantry were taught, too, that theredress of grievances is not likely to be brought about by illegalconfederations--that agitation _within_ the law, may virtually placethem _above_ the law,--and that he who commits a crime gives anadvantage to the antagonist. This was the great principle whichO'Connell always endeavoured to enforce. We have seen the last of theWhiteboys, and I have told the story of the undoubted CAPTAIN ROCK, thewill-o'-the-wisp of Irish agrarian disturbances.
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