very difficult to find." "With what plaintiff and defendant's names are the affidavits headed?'" "They are probably headed Lord Hawarden a Patrick O'Brien Davern." "Am I Patrick O'Brien Davern?" "No, of course; but Mr. O'Connell thinks ——." "Never mind what Mr. O'Connell thinks; the question here is what I think of a claim made upon me personally, and I think it unjust. I will not pay one penny of it. Without the least disrespect to you, I must refer you to the public body by whom you were retained. I never asked Mr. O'Connell to interfere in the Hawarden case; he came into it on his own motion, and for his own purposes, and took it out of my hands, and I will not allow a fine of £800 to be inflicted on me for transgressions very remote from the case of Lord Hawarden. I deny any liability to you, and if necessary, I will contest the question." The controversy was kept dangling for several months, and was the subject of repeated conversations in the General Committee. There was a considerable party there who thought it more than enough that I should at that moment be liable to a new prosecution, stimulated by the Repeal Association, without being saddled with its private responsibilities, and they did not conceal their sentiments. O'Connell never made any personal application to me in the business except through Mr. Potter, and in the end that gentleman wrote to say his costs were paid out of the Association Funds.
The law's inevitable delay postponed my trial till July, and meantime a new trouble arose. O'Brien was a man not only of sensitive honour, but of a susceptible personal dignity, and an affront was put upon him which nearly resulted in driving him from the Repeal movement, and it is difficult to doubt was designed to do so. His maxim was Repeal and no Surrender, and it was certain he would resist striking the Repeal flag. It had become necessary, therefore, to provide some effectual method of removing him from the scene. This is what happened:—
During the Session of 1845 Joseph Hume gave notice of a call of the House of Commons for the avowed purpose of compelling the Repeal members to attend. O'Connell and O'Brien declared they would not attend, and O'Connell insisted that the House of Commons had no power to enforce
