The Sun.
London, England, 1848-10-07 00:00:00

Catholic priest walks abroad at liberty, in all the
freshness of health, strength, and vigour, administering
to his flock, and fulfilling his avocations? I call upon
you, gentlemen of the jury, to vindicate the Crown, rho
Attorney General, Lord Clarendon, and the British
Minister, by returning a verdict of acquittal in favour
of my client. Father Kenyon was a leading man—a
prominent man—and I say he was an honest man; but
if guilty, the Crown, by prosecuting that gentleman at
the bar, who is not so guilty, for he had no vote at all,
has been guilty of the grossest perversion of justice.
If you expect we are to have impartial liberty in this
country, I call upon you to take your stand on behalf
of the entire people of this realm. Let the Protestant
be convicted if guilty; but unless you mean to live under
the basest despotism which ever disgraced free-born
men, resolve to have au inflexible and impartial admi-
nistration of the law. Gentlemen of the jury—l have
spoken to this case. I have gone through the entire
case of the prisoner, and it is for you to say if the charge
preferred against the prisoner is made out against him.
That charge is high treason, compassing the death of the
Queen, and levying war against her. I have explained to
you the principles on which his case rests, and unless he
has committed high treason within the indictment, you
are bound to acquit him. Gentlemen of the jury, I have
observed upon the evidence, and have simply to submit
to you, in conclusion, that however you may condemn
certain acts of Mr. Smith O'Brien—however equivocal
you may think some observations made by him in any
letter, yet if you are satisfied that his guilt falls short
of the tremendous crime of treason, you are bound by
the solemn duty you have undertaken, irrespective of
every consequence, to acquit the prisoner. Well I know
the weighty difficulties I have had to encounter—well I
know how incompetent my feeble powers are to grapple
with and master them—well I know that prejudice has
blocked up the avenues to some understandings—that
calumny has done its work, and that it is said by many
the impracticable politician must perish at last. Had he
been a hypocrite—had he been a selfish trader in politics
—had he said what he did not believe—had he un-said
to-day what he said yesterday, he might live to enjoy
individual prosperity, after trading with tact upon the
miseries of his country. But however wrong he might
have been in the opinions he imbibed, he has adhered
to them consistently and steadily, and he now suffers
for being consistent in what he honestly believed to be
true. Ho has been hunted—he has been re-
viled—he has been caricatured—he has been
slandered in his native country—he has been
pursued from one extremity to another as a
traitor—covered with obloquy and with calumny ;
and where is he to look for justice—where is he to hope
for a temperate consideration of his whole political life?
Where, but in that palladium where the law has placed
his safety—the honour, discernment, and humanity of a
jury of his country? A rampart of defence that jury
ought to be between him and his prosecutors, if his crime,
consisting of the intent of the soul, has not been cuffs
ciently established. Judges must be unbending. Juries
may regard the frailties of human nature—juries should
cast the broad shield of their protection around the man
whom they believe, however equivocal his conduct, has
not in purpose, in heart, in soul, transgressed the law.
Such is the high office assigned to you by that con-
stitution whose foundations were laid in the deepest
wisdom, which, in a succession of ages has been ce-
mented by the patriot's blood, and consecrated in the
martyr's fire. It is for you to say, as between the
Crown and the prisoner, whether his guilt is established
or not. The law of our country—wise, just,
merciful—bas declared that if there be a doubt,
that doubt must be given in favour of the prisoner—
that doubt must be given in favour of him whose life
is sought to be affected. 'therefore, I say that now, if
you have a doubt, stand between the prisoner and his
grave. Review his life—the feelings of patriotism he
imbibed from his mother's breast ; the passion grew by
a father's example, I admit, to a dangerous excess. That
father recounted to him how, on the last memorable
night of our national existence,'Grattan, and Plunkett,
and Bushe had spoken—how he was convinced by the
gravity of their arguments, persuaded by their eloquence,
and borne away by patriotic ardour. The son, I admit,
has caught up those lessons he was taught, and has prac-
tised them to his peril to-day. He was taught to believe
the Union was carried by corruption, and should be re-
pealed by honest men. To restore Ireland to her Par-
liamentary existence has beers the labour of his life—a
delusion, I admit ; but is not death on the scafford a
terrible punishment for believing that Irishmen have the
capacity and intellect to rule the affairs of their native
country ? Would to God, gentlemen, that in this case
Mr. Smith O'Brien was my only client. The happiness
of an ancient, an honourable, a loyal family, is at stake
this day. The church, the bar, the senate have
furnished members, though they differ from him
in politics, to give him brotherly consolation on
this melancholy day. Should you send him to the scaf-
fold, they must labour on hereafter with broken hearts
through a cheerless existence, suffering in sorrow in the
land they love. A venerable lady, who lives amidst an
affectionate tenantry, amongst whom she has lavished
her fortune—on whom she confers blessings—awaits
with trembling heart your verdict. If that verdict con-
signs her son to death, that heart will shortly beat no
more. Six innocent children also wait to be told by you
whether they are to be stripped of the inheritance which
has descended on this family for ages—whether they
are to be thrown beggared and fatherless on the world
through a barbarous and cruel law—whether they are to
be restored to life and joy, or plunged into'the uttermost
depths of dark despair. There is another—another
who clings to hope, may it be blessed I—in you. Her
heart's blood she:would give to save the object of her youth-
ful affection. Do not, except commanded by conscience,
send her to an untimely grave. Even in this case Ido
not ask for pity in a wailing spirit—l will not blame you
if you convict my client, nor will he—the last accents
of his lips will breathe a prayer for Ireland's happi-
ness and for Ireland's constitutional freedom. The sad
moments that shall precede his mortal agony will be
consoled if through his suffering and his sacrifice some
system of, government shall arise—which has never
existed yet—wise, impartial, just, and, above all, consis-
tent, which will conduct his country to wealth, pros-
perity, and greatness. Gentlemen, in the great com-
pact between the people and the Crown, her Majesty
swears in an oath, framed by wise and just men, to ad-
minister in all her judgments justice in mercy. That
justice administer—no cruel, remorseless, sanguinary
code—but justice in mercy. A verdict in accordance
with those divine principles, which here ought to shine
out in glorious perfection between the prisoner and the
Crown, will not be a triumph over the law, but a triumph
of the law, and as you expect justice tempered with
mercy, so administer it here to-day. In nothing can
mortal man—though immeasurable the distance still—
approach so near to the ,Almighty attributes as in the
administration of justice. Divine justice will be tem-
pered with mercy, or dismal will be our fate. As you
expect it, so administer it. Remember that the last
faint murmur on your quivering lips will be for mercy,
ere the immortal spirit will take its flight to another,
and, I trust, a better and brighter world.—(The Learned
Gentleman concluded, amidst loud expressions of appro-
bation, his very eloquent address, and shortly afterwards
withdrew from the court.)
The prisoner shed tears towards the conclusion, and
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know an association called the Irish Confederation. I
have 1).-.en secretary to that association, and am ac-
quainted with its rules. The rules of the body were
handed to the witness, which he identified. I was pre-
sent at a meeting at Radley's Hotel when they were
agreed on. That was a preliminary meeting, but they
were afterwards submitted to a public meeting held in
September, where they were adopted. Mr. Smith
O'Brien was present at the preliminary meeting. I think
the rules were printed at the time of that meeting; they
were also in manuscript, and were adopted at the meet-
ing' at the Rotundo. The pamphlet I hold in my hand is
a lecture "On the Use and Capacity of Confederate
Clubs," by Charles G. Duffy.
ATTORNEY. GENERAL—I really must object to those
documents being given in evidence.
Mr. FITZGERALD—Just wait a moment, and you will
see what they are.

Witness---This other pamphlet I hold in my hand is
a discourse on the organization and government of con-
federate clubs. I have been summoned here as a witness
ova the part of the Crown, but have not been examined.
Cross.examined—The Confederation was formed on
the 15th January, 1847. Amongst the of iginal mem-
bers of the Council were Smith O'Brien, Gavan Daffy,
Devin Reilly, John Martin, DJheny, Mitchel, and
others, but 1 am not sure of Lalor.

Re-examined—There were two Roman Catholic cler-
gymen in the council of the Confederation—the Rev.
Mr. Meehan and the Rev. Mr. Kenyon.
Dr. Gray sworn and examined by Mr. FITZGERALD.
ATTORNEY GENERAL—I must request that any wit-
nesses intended to be examined for the defence leave the
court. They were ordered to withdraw.
Witness proceeded—l am proprietor of the Freeman's
Journal, and was present when the rules of the Irish
Confederation were adopted. These rules handed to me
are they.' I was a member of the Repeal Association,
and the document I hold in my hand purports to be a
speech made by Smith O'Brien in the House of Com-
mons, on the causes of discontent in Ireland. This do-
cument I hold in my hand is the letter of Smith O'Brien
on joining the Association. I was n present at the
first public meeting of the League. I have known Mr.
O'Brien since 1844, and have had frequent conversa-
tions with him on political subjects, but never heard him
express sentiments of disloyalty to the Queen, but I did
on the advantage of constitutional agitation.
The ATTORNEY•GENERAL objected to that line of
examination. •

After some conversation be ween Counsel on both
sides, and the Court,
Mr. Justice MooRE inquired what line of examination
Sir Colman O'Loghlen intended to pursue?
Sir COLMAN VLOGHLEN—The line of examination
we intend to pursue, my Lord, is this, that the witness,
although he had been on terms of intimacy with Mr.
O'Brien, had never heard him express sentiments of
disloyalty to the Queen. It is a similar line of exami-
nation that was followed in the case of Horne Tooke and
Hardy.
Judge MOORE.—Yes; in Horne Tooke's case a letter
from the Duke of Richmond was allowed to be given in
evidence.

After some further interruptions the examination of
the witness was resumed. He deposed: I heard Mr.
O'Brien say frequently that ho would rather retire from
public life than be a party to a line of unconstitutional
agitation. I recollect a dispute having taken place be-
tween Mr. O'Brien and Mr. Mitchel. That occurred in
May last. I remember speaking to Mr. O'Brien on the
subject of that dispute, and heard him express a strong
opinion on it.
SOLICITOR-GENERAL—I object to Dr. Gray giving
any evidence relating to that dispute, as he does not know
anything about it of his own knowledge.
Sir COLMAN OTOGEILEN—We will be able to prove
afterwards what the diapte was about.