The Express.
London, England, 1848-05-29 00:00:00

'Morainal by Me. Mialibel's friends of a favourable i
tormination.
At ten minutes to seven the jury returned into court, hav-
ing been nearly three kolas engaged in deliberatio,
The Clerk of thir Crown hung sailed 0118, thou. names,
said—Oentasma, bath you agreed to your verlict
Foremen (Mr. Whitty)—We have.
Clerk or the Crown—Bow may you, gentlecami ; is John
Mitchel guilty or not frailty ?
Foreman—Ors (Merked tionastiom)
Immediately upon this announcement. • groat num``er of
Mr. Mitchel's frds, including several barristers, tacked
round tke bar sad grasped him warmly by the hand. heron
Lefroy put an sad c
hef, ts some by ordering Mr. Mitchel out
of court Mr. Mitchowever, remained leaning upon the
bar in deep conversation with some of his friends. His
The
d-
ship repeated hie order, but it was still diaregarded.
jailer then intimated to the prisoner the order of the learned
fudge ; whereupon Mr. Mitchel rose slowly, turned deli•
bmately round, and retired. He was at once mooned throu3h
the private purge for the court into Newgate.
The court then mijourned.

THE SENTENCE.
EXTRAORDINARY SCENE IN COURT.
SATV ROILY.
The court wee crowded long lame eleven the
hour to which it was adjourned. A number of Mr. bittehel's
friends were early in attendance. and took up their place F
in
the vicinity of the bar. Amongst them were .
Meagher and T. D. Reilly.
At Bee minutes past 11, the judges, Baron Lefroy, and
Mr. Justice Moore took their sears on the bench.
Mr. Mitchel was then pieced at the bar.
Sir COOSA O'LOOIILIN, then addressing the court, said :
If your lordships have no objection we would wish to have
the verdict or the jury read by the Clerk of the
Clerk of the Crown.—The verdict is Guilty.
Sir COLMAN O.I.OOHLIN.—What is the issue paper?
Read the nsue paper itself.
The Clerk of the Crown then read the issue. It stated
that the jury were to try whether John Mitchel was guilty
or net guilty of the charge on which he was put forward, and
that the verdict returned was " guilty."
Baron LEFUOT then looked over the indictment end said,
We have called on this case tint this morning in order to .
give time it there should be, either on the pert
nude of the
to the
goner or or of the crown, soy application to be
court relating to it.
The Clerk of the Crown then asked Mr. Mitchel upon
had anything to say why sentence should not be passed
him ?
Mr. liirroliau—l have to say that I have been found
guilty by a packed jury—by a jury of *partisan sheriff—by
jury not empannelled even according to the law of Eng-
land. base been found guilty by a packed jury obtained
by a juggle—a jury not empanelled by a sheriff, but by a
juggler.
The Hui Banntrr—My lord, I claim the protection of the

court.
Ur. Iltrotas.—That is the reason I object to sentence
being passed on me.
Bayou LEPROT —That imputation upon the conduct of the
sheriff 1 must pronounce to be mist unwarranted and un-
founded. I etve this, not on my own opinion alone, hut
on the opinion of two indifferent gentlemen on their oaths,
who were chosen and appointed to examine into the matter,
nel was an impartial
and who have declared that the pa
panel, fairly obtained and formed. On their oaths
they have found it to be so. Therefore, the sheriff, far from
being subject to the imputation cast upon him, has done his
duty in the case. John Mitchel, I cannot at the outset but
express my regret—regret that I am sure is shared by my
brother judge— that a pereon ol your condition should stand
at the bar redo the circunsetances you do. You have
been found guilty on the indictment, ehargtot you
with fawn icily compassing, imagining, and intro ding to
deprive the Queen of the style, title, honour, and royal n
wiamthe
ot the imperial erown of the United Kingdom, and
havinggiven publicity to that intention by publishing certain
writings in a public newspaper, published by you, and called
the Unseal Irishmen. 1 here are other montane' which you
have been also fount.- guilty. You have been found
guilty of the niousQuest and purpose of intending
to levy wee against the , for the purpose of compelling
her by force and constraint to change her measures and
councils: and that those felonious intents and purposes were
manifested in publications put forward in your own name in
the same newspaper. The evidence was furnished by your-
self in publications coming out of your own hands—delibe-
rate pablicatioes, issued at Intervals of time which gave you
full leisure sad opportunity. to consider what you were about,
and to redact upon what might be the consequence of your
acts. The case turned upon the meaning and interpretation of
these publications:lle meaning and intention were clearly fur-
nished by yourself, and came from yourself, just as the pub-
lications themselves. The meaning and intent wire collected
from the language of the publications themselves, not con-
fined to one, nut to be collected from the successive publica-
tions, at a, to leave no doubt upon the words interpreted by
yourself as to the meaning and Intent of these publications.
The very able counsel who defended you was not able to offer
any other intirpretation of their meaning than that which is
assigned in the indictment. Upon this evidence,
therefore,threfore,
thus furnished by yourself, the jury have found y
With that ruder, tharedbre, however you may he advised,
or think yeursealjamani in calling it the verdict of a packed
jury, the court casuist bat be perfectly satisfied, se will the
conatry,and you eight not to have imputed perjury to those
gentlanana.
iIITOZZL.-11y lord, I did not impute perjury to the
jugaron WOO glad to hear that. Hie lordship then
proceeded to remark upon the charge, the defence, and the
asters of the pabbeaions. There was no mistaking their
meaning ; there was no intermit to mitigate or explaia their
sathifest intent, and the counsel tore deence had alt ed
himself in his madras to the jury to th
conte fnding that mthough
the prisoner might be atatutably guilty, yet he was not
equitably au.
"Mr. tiormis.—y lord, my observations were--my opi-
nions were that, though the accused might be statutably
guilty, he was not morally wrong.
Baron Lanier was willing to accept that correction, and
proeseded to condemn Mr. Holmes's address, as not only
wrong in law and principle, but as injudicious and injurious
to the prisoner, and condemned it emphatically as disclosing
mattes little less, if any, censurable than the publica-
tions for which the prisoner was on his trial, and such as no
license of defence could justify.
Mr. HOLIIMS.—My lord, my observations were fairly and
legitimately applicable to the act of parliament, and perfectly
warrantable. (Loud chows.)
Baron LIUMUY ordered such violations of decorum to be

etoipiod.
Ms Lordship than proceeded to comment upon the cha-
racter of the offence with which the prisoner was charged,
and concluded by stating that as well " in mercy to the pri-
soner " as in regard to the offence, being the fleet under
the law, the court had decided in not inspiring the all
punishment, but in maintenance of the interests of society,
must sentence him to
TRANSPORTATION FOR FOURTEEN YEARS.
Mr. lineman, who beard his sentence quite unmoved,
asked teeth to •ddress the court. tie said : The
law has now done its part, and I have done mine.
I was prepared for lb" three months
Lego,o when I
told Lord Clarendon that I would compel him rme to
what are called the courta of justice, and then pack a jury
for my coodeuthation. I told the English government, who
now rule this country, that they would have to meet me in
those places called courts of justice, a I would be ready to
meet them here or in some other field. I have bet my life
upon the ha", and the victory is with use. lam sure that
no men in this court, not even judge or jury, regards me as
a criminal. I have shorn how the English government in
this country can alone be carried on—by packed juries, par-
tisan judges, and a perjured sheriff. (Great seusition.)
Judge Leritor said he could not suffer this course of ob-
servation to be persevered in. The prisoner had had an
opportunity of stating during the trial whatever he deemed
useful to his case, but was now using the same description of
language, as that of which he had been found guilty.
MI/CHEL—WeII, then, I will say no more on that
subject. But 1 wish to say that all I have put forth—all
that for which I now stand at this bar--all, all, I
have done irom a strong sense of duty. I have
performed my duty—the people nave cow to perform
theirs. This is but the beginning of the contest--
its end is in the hands of God. Others are to his
found to continue the struggle. The Roman stood un-
moved whit" his hand Bas horning to ashes before the
tyrant's lace, end I can find one hand, two bands, three
hands, to burn or die for their country (grasp.ng the hands
of Messrs. bleeighi r, Reilly, and O'Gorman).
The unhappy gentleman then retired, and the scene in
court occurred which we describe below.
Here the scene became moat awfully exciting. A crowd
of barristers and gi ntleme:i crowded around the duck, to
shake bands sith Mr. Mitchel. A deafening cheer
then resounded through the court. The police in-
terfered to preserve order, and to prevent the per
eons who surrounded the dock from striving to lay
a hand ou Mr. Mitche , as he was being taken i
from his place by the gaolers A ecuflie ensued—the
judgea from the bench, to which they returned in about
two 111
Nn
during
orman which the be of the excitement
lasted. Moer, and Doherty were
handled by the police. An ' Meagheat
officer of the line, who wee near
the dock,interporid between Mr. Meagher and the constables,
and offered his arm to Mr. Meagher, who droll' ed it. sa)ing
he would net take the aim of any man wearing the British
uniform. Two or three other persons were arrested in the
gallery—one gentleman for throwing a bouquett his cell.
into the
dock, as the convicted patriot was dragged a
This gentlemen. whose same we did not learn, was then
brought to the bar by Inspector M'Carthy, who charged him
with having disturbed the court.
Judge Lefroe--Let him be committed till Monday.
The gentlemen esid he had merely thrown a bouquet to
Mr. Mitchel. and he thought it. hard that he should he com-
mitted for so harmless an ebullition of his sympathy He
meant no contempt to the court.
Judge Lefroy said, under the circumstances, he would di—
charge him.
Here Mr Rae, of Belfast, said be had a complaint to make
against the high sheriff He (Mr. Rae) was a material
witness in the case of Mr. Mitchel; end alihough he had
informed the police at the door yesterday that he was sum
mooed as a witness, he was told that there were orders from
the high sheriff that no one should be admitted but by or-
ders from him. He arid other professional men had been
excluded, while officers of the army were paraded in the
court, which should be for the purpose of professional men.
Now, be (Mr. Rae) was a material witness for the accused,
in the challenge of the jury panel, and a serious injury to
the case of the traverser had accrued from his absence.
Judge Lefroy told Mr. Ras to embody his statement in an
^fildatit.--Mr. Rae said he would do so.
banister and Mr. Dixon, a magistrate and grand juror
county, made similar complaints.