The Express.
London, England, 1867-05-27 00:00:00

FENIAN PRISONERS BEFORE TEE SENTENCE'

At the sitting of the Cork Special Commission
en Friday, M'Clure, who had pleaded guilt 7, and the
three other prisonerswho were convicted of high treason,
were brought up to receive sentence. In reply to the usual
question, whether he had anything to say why sentence
of death and execution should not be pawed on him,
M'Clure, in a low, mild, but firm voice, addressed the
court as follows :—My lords—ln answer to the question,
as to why the sentence of the courtshould not be passed
upon me, I would desire to make a few remarks in rela-
tion to my late exertions on behalf of the suffering people
of ibis country in aiding them in their earnest endea-
vours to attain the independence of their native land.
Though not born on the soil of Ireland my parents
were, and from history and the traditions of the fire-
side I became conversant with this country's misery
from my earliest childhood ; and as the human breast
possesses those godlike attributes which make men feel for
suffering mankind, I felt for Ireland's wrongs and for her
moral degradation, and I felt that I should assist her
people in their attempts to right those wrongs, and raise
her from that degradation. I shall not now state to what
cause I attribute the failure of the late insurrectionary
movement, nor shall I express a sorrow which I do not
feel with regard to my own conduct. I am fully satisfied
of the righteousness of my every set in °emotion with
the late movement, having been actuated alone by a
holy desire to assist in the emancipation of an en-
slaved but generous people. It affords me more pleasure
to have acted as I have done in behalf of the Irish
people than any event that has occurred to me during my
eventful, though youthful existence. I would wish it
to be distinctly understood, and I my it here standing
on the brink of an early grave, that I am no filibusterer,
no freebooter. I came to this country with no personal
object to gain, with no desire to my own advancement. I
came here solely out of love of Ireland and sympathy for
bee people. If I have forfeited my life for having done
so, lam ready to abide the fume. If my devotion to an
oppressed people be a crime, I am willing to receive the
penalty of that crime, knowing, as I do, that what I have
done was in behalf of a people whose cause was just and
holy—a people who will appreciate nod honour a man
although he may not be a countryman of their own, but
still s man who is willing to sinter in defence of that
divine American principle, the right of self-government.
I would now wish to tender to my learned and eloquent
counsel, Mr. Waters, and to my solicitor, Mr. Collins, my
sincere and heartfelt thanks for the able manner in which
they have conducted my defence. And now, my lords, I
trust I am prepared to submit to the penalty it will be
the duty of your lordships to pronounce on me. I have no
more to say.
Edward Kelly next addressed the court, and spoke
firmly but not without a little hesitation, as if he weighed
well every word he uttered. Re said:—My lords, the
novelty of my situation will plead for my want of fluent
utterance, and I therefore pray your indulgence if I am
necessarily tedious. I thank the gentlemen of the jury
for their kind recommendation to mercy, which I know

was well meant, but also knowing, u I do, what that
mercy will be, I can only wish that their recommenda-
tion will not be acceded to. Wby should I fear death!
What is death! The state of pawng from this life into
another. I trust that God will pardon me my sins, and
that I will have no cause to fear entering into the pre-
sence of the ever-living and most merciful Father. I do
not recollect in my life ever having injured a single
human being intentionally, and if in my late conduct I
eft no cause for regret—l mean political conduct—why
then, I say, should I fear death? I leave the dread of
death to such despicable wretches u Corydon and Massey.
Corydon ! a name once so intgg‘stive of sweetness—now
the representative of a loathsome monster. If there be
anything that Gan add to Co don's degradation—
Chief Justice Monahan—We are willing to wive you
ave latitude, but we cannot sit here and allow you to
of third parties who have been examined as wit-
nesses.

Kelly—Well, as near, then, as I can answer the question
put to me, I shall say that, remembering that every gene-
ration since England obtained a footing in Ireland have
been mascara from her role ; remembering that every
generation have risen to protest against the occunation
of my native soil by England, surely I may say that is
an answer to the question why sentence should not
be pared upon me. In the part I have taken in the late
insurrection I believe that I was only conscientiously
discharging my duty. Next to serving my Creator, I
believe it is • man's solemn duty to peeve his country.
(After a pause of some length, he continued) My lords,
I have no more to say, except to quote the words of the
Psalmist, premising that you will understand me to speak
of my country as he speaks of his : " If I forget thee 0
Jerusalem, let my right hand forget her cunning. If Ido
not remember thee, let my tongue cleave to the mot of
my mouth ; if I prefer not Jerusalem shove my chief joy.
Remember, 0 Lord, the children of Edom in the day of
Jerusalem, who said, ` Rase it, rase it, even to the founda-
tion thereof."o daughter of Babylon, who art to be destroyed.
happy shall he be that rewardeth thee as thou hat served
us.' In conclusion, my lords. I wish to return my soli-
citor, Mr. Collins, my thanks for his untiring exertions
my behalf, and to Mr. Heron for his able defence of me,
and also to Mr. Waters. My lords, I have nothing more
to say.
On Joyce being called upon, he said what he bad to say
he could not spak in English.
Bowler—l have nothing to say, my lords.
Chief Justice Monahan then passed sentence of death in
the usual form, naming Wednesday, the 19th of June, as
the day for the execution of the sentence. He said be
hoped the recommendation of mercy could be attended to,
but he had no reason to suppose that the sentence would
be in any degree commuted. The prisoners appeared to
be perfectly unmoved.
After the passing of sentence the court proceeded with
the trial of James (O'Brien, otherwise " Colonel" O'Brien,
otherwise James Walsh, who is charged with having com-
mitted at Middleton, in county Cork, several overt sets of
high treason. M'Carthy, an informer, was examined, and I
proved that the prisoner was one of the party. The trial
has not concluded.