-when an advocate has to contend for his client
against the law--where every possible means of success which legal
ingenuity can devise is taken in the prosecution, and where you are
accustomed to hear every legal technicality used in the defence.
"Had I not received instructions of so peculiar a nature, I should
point out to the jury that no proof has been given direct or
circumstantial, that the prisoner was the person by whose hands
Ussher fell; instead of doing so I am to declare that he did, as
he is supposed to have done, kill the deceased in the avenue of
Ballycloran, by striking him twice with his stick. I am to justify
that deed, and disprove the charge of his having entered into a
conspiracy to murder the man, whom he did kill.
"The prisoner, you have been told, and are probably all aware, is
above the rank of men whom you are mostly accustomed to see placed in
that dock. He is the only son of a gentleman, living on his own small
estate, and has for some years past acted as his father's sole agent
and manager.
"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 tha
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