"I have only to add, _that this Letter must dose our Correspondence on this subject_.--I am, &c., &c.,
"DANIEL O"CONNELL.
"Merrion-square, January 27, 1815.
"To J. N. D"Esterre, Esq., 11 Bachelors-walk, Dublin."
Mr. D"Esterre was advised to persist in the correspondence, and addressed another letter (but directed in a different hand-writing), to Mr. O"Connell. It was returned to him by Mr. James O"Connell, inclosed in a letter couched in the following terms:--
"Sir--From the tenor of your letter of yesterday, my brother did not expect that your next communication would have been made in _writing_.
He directed me to open his letters in his absence; your last letter, bearing a different address from the former one, was opened by me; but upon perceiving the name subscribed, I have declined to read it; and by his directions I return it to you inclosed, and _unread_.--I am, sir, your obedient servant,
"James O"Connell.
"Merrion-square, Friday Evening.
"To J. N. D"Esterre, Esq., 11 Bachelor"s-walk."
After a number of insulting letters from D"Esterre, his long-expected hostile message arrived.
Major M"Namara, of Doolen, having been commissioned by O"Connell, proceeded to Sir Edward Stanley, who acted as the friend of D"Esterre, to arrange the meeting. The hour appointed was three o"clock on Wednesday; the place, Bishop"s Court Demesne, Lord Ponsonby"s seat, in the county Kildare, thirteen miles distant from Dublin.
It was proposed by him that the mode of fighting should be after the following fashion:--That both should be handed a brace of pistols; reserve their shots until the signal, and then fire when they pleased; advancing or retiring after each shot, as they thought proper. Major M"Namara would not a.s.sent to this mode of fighting, without first consulting O"Connell and his friends. O"Connell at once directed him to accept the terms. Major M"Namara then returned to Sir Edward Stanley, and finally arranged the meeting. The parties proceeded to take their ground, and were handed a brace of pistols each. The signal was given.
Both reserved their fire for some moments. D"Esterre first changed his position, moving a pace towards the left hand, and then stepped towards O"Connell. His object was to induce him to fire, more or less, at random. He lifted his pistol, as if about to fire. O"Connell instantly presented, pulled the trigger, and the unfortunate man fell.
In close attendance on O"Connell, at the ground, were Major M"Namara, Nicholas Purcell O"Gorman, and Richard Nugent Bennett, as seconds and friends; for all may be said to have acted in the double capacity.
It was reported in Dublin that O"Connell was shot; and a party of dragoons were despatched from Dublin, for the protection of D"Esterre.
On their way the officer by whom they were commanded met, on its return, the carriage containing O"Connell and his brother. The officer called on the postilion to stop; whereupon Mr. James O"Connell pulled down the window. The officer, addressing him, asked if they had been present at the duel, to which he replied in the affirmative. The officer then said, "Is it true Mr. O"Connell has been shot?" Mr. James O"Connell replied, "No; the reverse is the fact; Mr. D"Esterre has unfortunately fallen."
The announcement had a visible effect upon the military; they were not prepared for the intelligence; and something like consternation was exhibited. The carriage was allowed to proceed, the military party being evidently not aware who were its occupants.
When D"Esterre fell the spectators present could not refrain from giving expression to their excited feelings; they actually shouted; and a young collegian who was present, and who became a Protestant clergyman, was so carried away by the general feeling, as to fling up his hat in the air, and shout, "Hurra for O"Connell!"
Very different was the conduct of the three occupants of O"Connell"s carriage. They displayed no exultation. The moment D"Esterre fell they went off; and though the place of meeting was near Naas, they were close to Dublin before a single word was exchanged between them. At last O"Connell broke the silence, saying, "I fear he is dead, he fell so suddenly. Where do you think he was. .h.i.t?" "In the head, I think," said his medical friend. "That cannot be--I aimed low; the ball must have entered near the thigh." This will be considered a remarkable observation when, as was subsequently found, the wound was inflicted in the part mentioned by O"Connell. Being one of the surest shots that ever fired a pistol, he could have hit his antagonist where he pleased. But his object was merely, in self-defence, to wound him in no mortal part, and he aimed low with that intention.
The excitement in Dublin, when the result was known, cannot be described; and, indeed, is scarcely credited by those who were not then in the metropolis. Over seven hundred gentlemen left their cards at O"Connell"s the day after the occurrence.
Great commiseration was felt for D"Esterre"s family, but it was considered that he himself lost his life foolishly. It may be added that he was an officer in the navy, and an eccentric character. He at one time played off rather a serious joke upon his friends, who resided near Cork. He wrote to them from aboard that he was sentenced to be hanged for mutiny, and implored of them to use every interest to save him. Lord Shannon interested himself in the affair, and the greatest trouble was taken to obtain a pardon. But it turned out to be a hoax practised by D"Esterre, when under the influence of the Jolly G.o.d.
Knowing his character, many even of opposite politics, notwithstanding the party spirit that then prevailed, regretted the issue the unfortunate man provoked.
O"CONNELL AND SECRETARY GOULBURN.
Mr. Goulburn, while Secretary for Ireland, visited Killarney, when O"Connell (then on circuit) happened to be there. Both stopped at Finn"s Hotel, and chanced to get bedrooms opening off the same corridor. The early habits of O"Connell made him be up at c.o.c.k-crow. Finding the hall-door locked, and so being hindered from walking outside, he commenced walking up and down the corridor. To pa.s.s the time, he repeated aloud some of Moore"s poetry, and had just uttered the lines--
"We tread the land that bore us, The green flag flutters o"er us, The friends we"ve tried are by our side--"
At this moment Goulburn popped his nightcapped head out, to see what was the matter. O"Connell instantly pointed his finger at him, and finished the verse--
"And the foe we hate before us!"
In went Goulburn"s head in the greatest hurry.
ENTRAPPING A WITNESS.
An ill.u.s.tration of his dexterity in compa.s.sing an unfortunate culprit"s acquittal may be here narrated.
He was employed in defending a prisoner who was tried for a murder committed in the vicinity of Cork. The princ.i.p.al witness swore strongly against the prisoner--one corroborative circ.u.mstance was, that the prisoner"s hat was found near the place where the murder took place. The witness swore positively the hat produced was the one found, and that it belonged to the prisoner, whose name was James.
"By virtue of your oath, are you positive that this is the same hat?"
"Yes." "Did you examine it carefully before you swore in your informations that it was the prisoner"s?" "Yes." "Now, let me see,"
said O"Connell, and he took up the hat, and began carefully to examine the inside. He then spelled aloud the name James--slowly, thus:--"J--a--m--e--s." "Now, do you mean those words were in the hat when you found it?" "I do." "Did you see them there." "I did." "This is the same hat?" "It is." "Now, my Lord," said O"Connell, holding up the hat to the Bench, "there is an end to the case--there is no name whatever inscribed in the hat." The result was instant acquittal.
GAINING OVER A JURY.
At a Cork a.s.sizes, many years ago, he was employed in an action of damages, for diverting a stream from its regular channel, or diverting so much of it as inflicted injury on some party who previously benefited by its abundance. The injury was offered by a n.o.bleman, and his attorney, on whose advice the proceeding was adopted, was a man of corpulent proportions, with a face bearing the ruddy glow of rude health, but, flushed in a crowded court, a.s.sumed momentarily, a color like that imparted by intemperance. He really was a most temperate man.
O"Connell dwelt on the damage his client had sustained by the unjust usurpation. The stream should have been permitted to follow its old and natural course. There was neither law nor justice in turning it aside from his client"s fields. He had a light to all its copiousness, and the other party should have allowed him full enjoyment. In place of that, the latter monopolized the water--he diminished it. It became every day small by degrees and beautifully less. "There is not now," he said, "gentlemen of the jury, a tenth of the ordinary quant.i.ty. The stream is running dry--and so low is it, and so little of it is there, that,"
continued he, turning to the rubicund attorney, and naming him, "there isn"t enough in it to make grog for Fogatty."
A roar of laughter followed, and it was not stopped by the increased rosiness and embarra.s.sment of the gentleman who became the victim of the learned advocate"s humorous allusion. The tact in this sally was, in endeavoring to create an impression on the jury that his poor client was sacrificed by the harsh conduct of a grog-drinking attorney, and thus create prejudice against the plaintiff"s case. Thus did O"Connell gain the hearts of Irish juries; and thus did he, indulging his own natural humor, on the public platform, gain the affections of his countrymen.
PADDY AND THE PARSON.
In June, 1832, O"Connell addressed a meeting of the Political Union of the London working cla.s.ses. In his address, he humorously and graphically describes the system of pa.s.sive resistance then adopted against the payment of t.i.thes, in the following amusing dialogue between Paddy and the parson:--
"And how does Paddy act? Does he disobey the laws? No. "Paddy," says the parson, "you owe me l 17s. 6d." "And what may it be for, your Riverence!" says Pat (laughter). "t.i.thes! Paddy." "Arrah! thin I suppose your Riverence gave some value fornint I was born; for divil a bit I ever seen since (roars of laughter). But your Riverence, I suppose, has law for it? Bless the law! your honor, and sure an I wouldn"t be after going to disobey it; but plase your Riverence, I have no money" (great laughter). "Ah, Pat, but you"ve a cow there. "Yes, your Riverence, that"s the cow that gives food to Norry and the fourteen childer."
"Well, Paddy, then I must distrain that cow." "If your honor has law for it, to be sure you will." Well, what does Paddy do? He stamps the word "t.i.thes" upon her side, and the parson can"t find a soul to take the cow. So he gets a regiment and a half, by way of brokers (much laughter)--fourteen or fifteen companies, with those amiable young gentlemen, their officers, at their head, who march seventeen or eighteen miles across the Bog of Allen to take his cow; they bring the cow to Carlow; when they get there, they find a great crowd a.s.sembled; the parson rubs his hands with glee. "Plenty of customers for the cow,"
quoth he to himself. The cow is put up at 2--no bidder; 1--no bidder; 10s--5s.--6d.--1-1/2d. (cheers). Not a soul will bid, and back goes the cow to Norry and the fourteen childer (continued cheers)."
A MARTIAL JUDGE.
In Court his usual mirth and ready wit never failed him; and he kept the bar and listening by-standers in constant hilarity. He made an excellent hit during the trial of Sir George Bingham, for a.s.sault, during the t.i.the agitation. The General"s Aide-de-Camp, Captain Berners, of the Royal Artillery, was under examination. A junior counsel asked the witness, "What is the meaning of the military phrase, "ride him down?""
"Do you think," interposed O"Connell, "we are here to get an explanation of plain English from an English Aide-de-Camp, with his tongue in holiday dress?" then turning to the witness, he said, "You belong to the Artillery and understand horse language?"--"Yes." Mr. Justice Moore, who tried the case, here observed--"I ought to understand it, Mr. O"Connell, for I was a long while Captain of cavalry." "Yes you were, my lord,"
replied O"Connell, "and I recollect you a long time a _Sergeant_, too."
This ready sally caused a burst of laughter throughout the whole court.
RETENTIVE MEMORY.
At Darrynane, he was sitting one morning, surrounded by country people, some asking his advice, some his a.s.sistance, others making their grievances known. Amongst the rest was a farmer rather advanced in life, a swaggering sort of fellow, who was desirous to carry his point by impressing the Liberator with the idea of his peculiar honesty and respectability. He was anxious that O"Connell should decide a matter in dispute between him and a neighboring farmer who, he wished to insinuate, was not as good as he ought to be. "For my part, I, at least, can boast that neither I nor mine were ever brought before a judge or sent to jail, however it was with others."
"Stop, stop, my fine fellow," cried the Liberator--"Let me see," pausing a moment. "Let me see; it is now just twenty-five years ago, last August, that I myself saved you from transportation, and had you discharged from the dock."
The man was thunderstruck; he thought such a matter could not be retained in the great man"s mind. He shrunk away, murmuring that he should get justice elsewhere, and never appeared before the Liberator afterwards.