O'LEARY VERSUS CURRAN.

In the "Reminiscences" of the celebrated singer and composer, Michael Kelly, the following interesting anecdotes are given: "I had the pleasure to be introduced to my worthy countryman, the Rev. Father O'Leary, the well-known Roman Catholic priest; he was a man of infinite wit, of instructing and amusing conversation. I felt highly honored by the notice of this pillar of the Roman Church; our tastes were congenial, for his reverence was mighty fond of whisky-punch, and so was I; and many a jug of Saint Patrick's eye-water, night after night, did his Reverence and myself enjoy, chatting over the exhilarating and national beverage. He sometimes favored me with his company at dinner; when he did, I always had a corned shoulder of mutton for him, for he, like some others of his countrymen who shall be nameless, was marvellously fond of that dish.

"One day the facetious John Philpot Curran, who was very partial to the said corned mutton, did me the honor to meet him. To enjoy the society of such men was an intellectual treat. They were great friends, and seemed to have a mutual respect for each other's talents and, as it may be easily imagined, O'Leary versus Curran was no bad match.

"One day, after dinner, Curran said to him, 'Reverend father, I wish you were Saint Peter.'

"'And why, Counsellor, would you wish that I were Saint Peter?' asked O'Leary.

"'Because, reverend father, in that case,' said Curran, 'you would have the keys of heaven, and you could _let me in_.'

"'By my honor and conscience, Counsellor,' replied the divine, 'it would be better for you if I had the keys of the other place, for then I could _let you out_' Curran enjoyed the joke, which, he admitted, had a good deal of justice in it."

HIS TRIUMPH OVER DR. JOHNSON.

"O'Leary told us of a whimsical triumph which he once enjoyed over the celebrated Dr. Johnson. O'Leary was very anxious to be introduced to that learned man, and Mr. Arthur Murphy took him one morning to the doctor's lodgings. On his entering the room, the doctor viewed him from top to toe, without taking any notice of him; and, at length, darting one of his sourest looks at him, he spoke to him in the Hebrew language, to which O'Leary made no reply. 'Why do you not answer me, sir?' 'Faith, sir,' said O'Leary, 'because I don't understand the language in which you are addressing me.' Upon this, the doctor, with a contemptuous sneer, said to Murphy, 'Why, sir, this is a pretty fellow you have brought hither. Sir, he does not comprehend the primitive language.'

O'Leary immediately bowed very low, and complimented the doctor in a long speech in Irish, to which the doctor, not understanding a word, made no reply, but looked at Murphy. O'Leary, seeing the doctor was puzzled at hearing a language of which he was ignorant, said to Murphy, pointing to the doctor, 'This is a pretty fellow to whom you have brought me. Sir, he does not understand the language of the sister kingdom.' The reverend _padre_ then made another low bow, and quitted the room."

A NOLLE PROSEQUI.

At the time that Barry Yelverton was Attorney-General, himself and O'Leary, while enjoying the beauties of Killarney, had the rare fortune to witness a staghunt. The hunted animal ran towards the spot where the Attorney-General and O'Leary stood. "Ah!" said Father Arthur, with genuine wit, "how naturally instinct leads him to come to you, that you may deliver him by a _nolle prosequi_!"

THE PRINCE OF WALES.

George the Fourth, when Prince of Wales, frequently had as guests at his table Sheridan, Grattan, Curran, Flood, and Father O'Leary. Croly, in his "Life of George the Fourth," says--"An occasional guest, and a sufficiently singular one, was an Irish Franciscan, Arthur O'Leary, a man of strong faculties and considerable knowledge. His first celebrity was as a pamphleteer, in a long battle with Woodward, the able Bishop of Cloyne, in Ireland.--O'Leary abounded in Irish anecdote, and was a master of pleasant humor.

"Sheridan said that he considered claret the true parliamentary wine for the peerage, for it might make a man sleepy or sick, but it never warmed his heart, or stirred up his brains. Port, generous port, was for the Commons--it was for the business of life--it quickened the circulation and fancy together. For his part, he never felt that he spoke as he liked, until after a couple of bottles. O'Leary observed, that this was like a _porter_; he never could go steady without a _load_ on his head."

THE CLOSING SCENES OF HIS LIFE.

"The disturbances," says his biographer, "by which Ireland was convulsed in 1798 pained O'Leary's mind. The efforts made by the tools of a base faction, to give the tinge of religious fanaticism to the political distractions of that country, excited his indignation; and, as his name had been wantonly and insultingly introduced by Sir Richard Musgrave, in his libellous compilation on the Irish Rebellions, he entertained the notion of publishing a refutation of the calumnies which had been so industriously circulated against the Catholics, not only in that scandalous work, but likewise in various other historical essays at that time. For this purpose O'Leary had prepared some very valuable ma.n.u.script collections: he looked back to the history of the earlier periods of the English rule in Ireland; and from his friends in various parts of that kingdom he procured authentic details of the insurrectionary disturbances: impartiality was his object; and he left no means untried to collect the most voluminous and exact account of every circ.u.mstance connected with, or immediately arising out of, the rebellion, the history of which he ultimately declared it his design to publish.

"The progress of disease, and the rapidly increasing infirmities of old age, hindered the fulfilment of O'Leary's wishes: he was unable to proceed into any part of the task of composition, but he was relieved from anxiety by the fortunate circ.u.mstance of his intimacy with Francis Plowden Esq., whose historical review of Ireland, and whose subsequent publication in defence of that country, have raised him to a rank amongst historians, honorably and deservedly conspicuous. When O'Leary learned that his friend was engaged, at the desire of Mr. Pitt, in writing the 'Historical Review,' he sent him his invaluable collections, as affording the best and most authentic materials for the recent history of Ireland; and the manner in which the doc.u.ments, thus furnished, were applied to the purposes of truth, must have given gratification to O'Leary's mind, had he lived long enough to witness this successful vindication of his country and religion. His descent to the grave was too rapid to afford him that pleasure; and it was not till it had closed over his remains, that the world was gratified with the best and most authentic work ever published on the political history of Ireland.

"We approach now to the last scene of O'Leary's busy life; and it is one which, like too many others, preaches to mankind the necessity of being always prepared for the unrevealed hour that shall terminate mortal existence.

"Towards the end of the year 1801, ill health shed a gloom over his mind, to which the consciousness of approaching dissolution gave facilities and permanency. His contests with bad men had been frequent; and the frailties and follies of the world, and the instability of human friendship, which he had often experienced, haunted his mind at this time to a degree that was painful for those who loved and revered him, to witness. His medical friends tried the resources of their professional skill for the alleviation of his disease in vain; and as a last prescription, they recommended to him a short residence in the south of France, as calculated, if any thing could, to revive his spirits and restore his health. Agreeably to this advice, in company with Mr. M'Grath, a medical friend, to whose kindness he was much indebted, he proceeded to France; but his hopes of relief were disappointed, and he shortly determined on returning to London. The state in which he found society in France--so different from what it had been, when he first visited 'the lovely, fertile south,' shocked him; and he uttered his opinion of the change which he witnessed, by saying, emphatically, 'that there was not now a _gentleman_ in all France.'

"His arrival in London was on the 7th of January, 1802. It was his intention to have landed at Dover; but tempestuous weather compelled the vessel in which he was to land at Ramsgate. The effects of this voyage tended to hasten his death, which took place the morning after his arrival in London, in the 73rd year of his age."

DANIEL O'CONNELL.

DARBY MORAN.

O'Connell in his celebrated speech in defence of the Rev. T. Maguire, relates the following story, in which the reader will not fail to perceive the little chance which perjury had in escaping his detection:--

"Allow me," said he, addressing the Court, "to tell you a story, which is not the worse for being perfectly true. I was a.s.sessor of the Sheriff at an election in the county of Clare; a freeholder came to vote under the name of Darby Moran, and as Darby Moran both his signature and mark were attached to the certificate of Registry. He, of course, was objected to. It was insisted that if he was illiterate, he could not have written his name--if literate, he should not have added his mark; in either view it was contended, with the vehemence suited to such occasions, that his registry was bad. It is, wherever I have authority to adjudicate, a rule with me to decide as few abstract propositions as I possibly can. I therefore resolved first to ascertain the fact whether Darby Moran could write or not. I accordingly gave him paper, and asked him could he write his name. He flippantly answered that he could, and in my presence instantly wrote down 'John O'Brien'--he totally forgot that he was playing Darby Moran. Thus this trick was exposed and defeated."

A DEAD MAN WITH LIFE IN HIM.

It was difficult for O'Connell, even at an advanced period of his professional career, to exhibit those powers as an advocate, which were afterwards so finely developed; for the silk gown that encased inferior merit gave a precedence to Protestant lawyers of even younger standing, and he rarely had an opportunity of addressing a jury. This probably induced him to cultivate with more ardor a talent for cross-examination, which was unquestionably unrivalled, and which was displayed by him at a very early period.

It exhibited itself very strongly in a trial on the Munster Circuit, in which the question was, the validity of a will, by which property to some amount was devised, and which the plaintiffs alleged was forged.

The subscribing witnesses swore that the deceased signed the will while _life was in him_.

The evidence was going strong in favor of the will--at last O'Connell undertook to cross-examine one of the witnesses. He shrewdly observed that he was particular in swearing several times that "life was in the testator when the will was signed," and that he saw his hand sign it.

"By virtue of your oath was he alive," said Mr. O'Connell.

"By virtue of my oath, _life was in him_;" and this the witness repeated several times.

"Now," continued O'Connell, with great solemnity, and a.s.suming an air of inspiration--"I call on you, in presence of your Maker, before whom you must one day be judged for the evidence you give here to-day, I solemnly ask--and answer me at your peril--was it not a live fly that was in the dead man's mouth when his hand was placed on the will?"

'The witness fell instantaneously on his knees, and acknowledged it was so, and that the fly was placed in the mouth of deceased to enable the witnesses to swear _that life was in him_.

The intuitive quickness with which O'Connell conjectured the cause of the fellow's always swearing that "life was in him," obtained for him the admiration of every one in Court, and very materially a.s.sisted in securing his professional success.

A YOUNG JUDGE DONE.

In the course of his attendance at an a.s.sizes in Cork, he was counsel in a case in which his client was capitally charged, and was so little likely to escape, and was actually so guilty of the crime, that his attorney considered the case utterly desperate.

O'Connell entered the Court aware of the hopelessness of his client's chances. He knew it was useless to attempt a defence in the ordinary way. There was evidence sufficient to ensure a conviction. At that time it happened that the present Chief Justice, then Sergeant, Lefroy presided, in the absence of one of the judges who had fallen ill.

O'Connell understood the sort of man he had on the Bench. He opened the defence by putting to the first witness a number of the most illegal questions. He, of course, knew they were illegal, and that objections would be raised.

Sergeant Goold was the crown prosecutor, and he started up, and expressed his objections. The learned Chief Justice declared his concurrence, and decided peremptorily that he could not allow Mr.

O'Connell to proceed with his line of examination.

"Well, then, my lord," said O'Connell, after a little expostulation, "as you refuse permitting me to defend my client, I leave his fate in your hands;" and he flung his brief from him, adding, as he turned away, "the blood of that man, my lord, will be on your head, if he is condemned."

O'Connell then left the Court. In half-an-hour afterwards, as he was walking on the flagway outside, the attorney for the defence ran out to him without his hat. "Well," said O'Connell, "he is found guilty?" "No, sir," answered the solicitor, "he has been acquitted." O'Connell is said to have smiled meaningly on the occasion, as if he had antic.i.p.ated the effect of the _ruse_; for it was a _ruse_ he had recourse to, in order to save the unfortunate culprit's life. He knew that flinging the onus on a young and a raw judge could be the only chance for his client. The judge did take up the case O'Connell had ostensibly, in a pet, abandoned. The witnesses were successively cross-examined by the judge himself. He conceived a prejudice in favor of the accused. He, perhaps, had a natural timidity of incurring the responsibility thrown on him by O'Connell. He charged the jury in the prisoner's favor, and the consequence was, the unexpected acquittal of the prisoner. "_I knew_,"

said O'Connell afterwards, "the only chance was to throw the responsibility on the judge."

O'CONNELL AND A SNARLING ATTORNEY.

O'Connell could be seen to greatest advantage in an Irish court of justice. There he displayed every quality of the lawyer and the advocate. He showed perfect mastery of his profession, and he exhibited his own great and innate qualities. Who that ever beheld him on the Munster circuit, when he was in the height of his fame, but must have admired his prodigious versatility of formidable powers. His pathos was often admirable--his humor flowed without effort or art. What jokes he uttered!--what sarcasms! How well he worked his case, never throwing away a chance, never relaxing his untiring energies. How he disposed of a pugnacious attorney may be gathered from the following:--

"For a round volley of abusive epithets n.o.body could surpa.s.s him. One of his droll comic sentences was often worth a speech of an hour in putting down an opponent, or in gaining supporters to his side. At _Nisi Prius_, he turned his mingled talent for abuse and drollery to great effect. He covered a witness with ridicule, or made a cause so ludicrous, that the real grounds of complaint became invested with absurdity.