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

...
es tIA hat you might he statutably guilty, but that you
were snt justified an what you did. The Court, though
.d
we did nut interpose that line of defence, yet desired
to—
Mr. 1-Themes—My Lords, with the greatest respect,
what I said was, that though he might be statutably-
•lty, he was not, in my
gui ,opinion, mortaly guilty. I
repeat thet opinion now.—(Stibilued applause throughout
the court followed this avowal of the veteran patriot.)
Baron LEFROY—•I would be very glad to find that I
am mistaken altogether in my view of the drift of the
remarks, and I should be extremely glad to adopt the
correction. I shall say no more upon that point. I only
adverted to it, in order to shield the Court from the
possible supposition that we sat here and acquiesced in
a line of detente, which appeared to us very little short
of, or amounting to, as objectionable matter as that for
which the prisoner has been found guilty.
Mr. Hoeates —I am answerable for that under the Act
of Parliament.—( Applause.)
Baron Leeaoe—Are there any policemen in court to
prevent this interruption?
HIGH SHERIFF—I have given distinct orders to the
police to remove any persona interrupting the proceed-
rugs from the Court, and
Baron Leenor —Rut they should made prisoners of
them, that they might be committed to prison. I wish
you (addressing the prisoner) to understand that we have
with the utmost anxiety, and with a view to corms to a
decision upon the measure of punishment which it would
be our duty to impose, postponed the passing of sentence
upon you until this morning. We have wit h the utmost
deliberation examined the matter, with an anxiety to
• duly discharge the duty which we owe on all hands—
the duty which we owe the prisoner et not meting out
punishment beyond the just measure of the offence, and
the duty we owe to the public that the degree of punish-
ment will be such as to c irry out the object of all pu-
nishment, which is not the mere if-action of the penalty
upon the person convicted, but the prevention of crime—
that the punishment should carry with it a security to
the country. as far as possible, that one who has offended
so perseveriugly—thet so delioerate a violator of the law
shell nut b , permitted to continue his course of conduct
to the distuthaece of its peace and prosperity. We hail
• to consider all this—to look at the megnitude of the crime,
and to look also at the consitieration that if this were
not the first case brought under tl.e Act, our-duty might
have obliged us to carry out the penalty it awards to
the utmost extent ; but taking into eensideration that
this is the first conviction under the Act—though the
• offence has been as clearly pawed as any offence of
the kind et nal les —, the seettnce or the Cturt is—
" 1 HAT YuU BE TRANnPORTED BEYOND
THE SEAS FOR THE lERM OF FOURTEEN
YEARS."
The ATTORNEY GENERAL demanded that judgment
against the prisoner should be entered on each count of
the tedie•ment, as was the rule in England.
Baron LEFRuY—The Attorney General having called
upon us to have judgment entered on each count in
the indictment, I order the Clerk of the Crown to
do so.
Mr. Mitchel then spoke as follows :—Tho law has
now done its part, and the Queen of England, her
Crown and Government in Ireland are now secure, put-
?matt to Act of Parliament. I have done my part also.
Three months ago I promised Lord Clarendon, and his
Government in this country, that I would provoke him
into lis courts of justice, places of this kind are called,
and that I would force him publicly and notoriously to
pack a jury against me to convict me, or else that I
would walk a free man out of this court, and provoke
him to a contest in another field. My Lord, I knew I
was setting my life on that east ; but I knew that in
either event the victory would be with me, and it is with
me. Neither the jury, nor the judges, nor any other
man in this court, presumes to imaeine that it is a
criminal who stands in this dock.—(Murmurs otapplausee
which the police endeavoured to repress.) I have shown
what the law is made of in Ireland. I have shown that
• her Majesty's Government sustains itself by packed
jut ies. partisan judges. by perjured sheriff-.
Baron LEFROY— Ile Court cannot sic here to hear
you arraign the jurors of the country, the sheriffs, or the •
country, the administration of justice, the tenure by
which the Crown of England holds this country. We
carnet sit here and suffer you to proceed thus, because
the trial is over. Everything you had to say previous
to the judgment the Court was ready to hear and did
hear. We cannot suffer you to stand at that bar to
repeat, I must say, very nearly a repetition of the offence •
for which you have been sentenced.
Mr. Mitchel—l will not say any more of that kind ;
but I say this--
Baron LEFROY—Anything you wish to say we will
hear ; but I trust you will keep yourself within the
Jimits which your own judgment will suggest to you.
Mr. Mitchel—l hare acted all throuten this business,
from the first, under a strong sense of duty. I do not
repent anything I have dune, and I believe that the
course which I have opened is only commenced. The
Roman who saw his hand illumine, to ashes before the
tyrant, promised that 300 should follow out his enter-
prise. Can I not promise (lueking at his friends who
surrounded the dock) for one, fur two, for three, ay for
hundreds.
• A loud shout of exultation here rang through the
Court, accompanied by immense cheering, clapping of
hands. and great aranitestationa of excitement.
Baron Leettoy--Oilicer I ~fli .er ! remove Mr. MitchsL
The silt uts Here here increased, and the clamour
became terrific, when two turnkeys laid hold of Mr.
Mitchel.
The Judges quitted the bench, and went into their
chamber. The prisonerh friends, and number, of court-
set, in their thrensic costume, rushed over tables mai
benches to bid turewell te the prisoner, who was ulti-
mately removed. Meanwhile the Judges returned to
the bench, Jude,- More; first, eat Blain Lefroy shortly
after, and Mr. Mitchel having been conveyed through
the underground p issage to his cell in -Seweatv, the
court began to rssume somewhat of its ordinary ap-
pearenee.
After some interval, which ohviousty was required to
ealm the excitement which prevaileit. and which there
was every reaem to apprehend would have led to des-
peitate consequences at one period, the ordinary busi-
ness was proceeded with.
CONTMErrAL OF MESSRS. DOHENY AND T.
F. NLE A.G HER FOR ALLEGED CONTEMPT OF
COURT.
Mr. Michael Dobeny was placed at the bar, charged
by Inspector Guy with disturbing the peace of the
coin I, by shouting in a most disorderly manner.
Mr. Doheny—l admit that I clapped my hands, but I
deny havipg shouted. To the fullest sense, I adopt every
• word uttered by• Mr. Mitchel at that dock.
He was ultimately committed.
Mr. DOtif.NY—l urn con •+sel fur some young men who
are charged with the offence of drilling. Shall I have
an opportunity of dereiefieh teem?
Mr. Justice: Mootte —Certainly, you shall be permitted
to do so.
Mr. BALDWIN, Q.C., intimated that it was not the in-
tention of the Crown to proceed with the prosecution for
" drilling," &c., in the case of the Queen against Eng-
lish and ethers. •
Mr. DOHENY then applied that his clients should be
permitted u, stand out oil their own vecognizecces to the
next minamissiere—Application granted.
Mr. I'. F. Meegher was then brought up in custody
of Inspector Little. who, on bring sworn, charged him
with expressing applause by stamping his feet and clap-
pine his hands.
• Judge Moot:tr.—Perhaps this was done in the excite-
ment of the moment, and you will reconsider the matter
in the course of the day.
Baron Lestaten—We will receive any apology during
the sitting of the Court.
Another gentlemsn who bad given expression to his
feelings in the gellsry of the court, was also brought up
in custody ; but teas discharge 1 ea stating that he had
acted under the cxcitettent of the moment.
Andrew Eogish, one of the ?reversers in the " drill-
ing " ease before mentioned, was also charged with tur-
bulent conduct is tie pets:see isadine lo the court, lie
statsd, however. that he did not with to create any dis-
order, and the Judges, therefore, ordered him tu be :also
discharged.
Baron LEFROY said, with respect to Mr. Dobony, who
was kept standing at the table in tee custody of the
police, that the C••ert would not commit him until he
had time fa- a little calm reflection.
Mr. Deheny—l did not inean any disrespect to the
Cower. I did net mean any e.eitenipt to the Court in
giving expresdini to any feeling ; but. what. vi r punish-
ment is attached to the expression of my sy mph: by tor
Mr. etealee nil for seater:a:nine the opinion I have
uttered, I cannot retract it. I sprat, however, that I
did not mean spy contempt towerd a the Court.
Baron LEFROY— Then, under these circumstances,
and as you were under excitement, the Court discharges
you.
Mr. Meagher (who was also in the hands of the police
in court) then came forward and said that he could not
retract anything; hut he would say that ho did not
mean any disrespect or contempt towards the Ct.urt. I
regret the contempt, if I have been guilty of any, which
I did not intend, but I can say no more.—Discharged.
Mr. Rotates here rose to address the Court, when the
utmost shence was observed. He said—My Lords, I
think I had a perfect right to use the language I did yes-
terday. I vr'sh now to state that what I said yesterday
I adopt to-day as my own opinion. But if I have vie-
listed the law iu any thing' said, I must, with great re-
spect to the Court, assert that I had a perfect right to say
- what I stated; and I now say, in deliberation, that the
sentiments I expressed with respect to England, and her
treatment of this country, are my eentimetat, and I here
avow them openly.
The Court then proceeded with -other business, and
shortly afterwards adjourned.
This morning, at an early hour, Mrs. Mitchel and
her children, accompanied by a few friends, proceeded
from her residence, at Ontares-terrace, to Newgate, to
interchange ntrewell with her convicted husband previ-
ous to his finel departure from his native land. A few
only were present. We have been informed that the
scene teat harrowing to the last degree. 'The professed
Republican preserved a stern composure for some time,
until, subeaed by the presence of his wife and artless
children, he bent into tenderness, and the shock was the
greeter because of his reluctance t. yield.
SEIZURE AND SUPPRESSION OF THE
UNITED IltlelINIAN."
At a few minutes to post hour a hedy of policemen,
beaded by an inspector. mart:het up to the otlice of the
United Irishman and took possession of all the property
And effects therein. The Isrge quantities of the paper
made up in parcels for the provincial agent+, as well at
the conies directed et the regular subscribers, were car-
ried (if by the police. T'his L; regarded as a very arbi-
trary proceedtee en the part of the authorities; but its
justification will be found in the extraordinary scene
enacwlsl,l,l. ifisi'' i pO4 reereing, and the avowal made by
Atfaant § that tiny of them were ready to
tfaheelh.. 4440 ress, of which he has now ceased
teetistek _
•
itET
partially tomcod the judges
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,„:24,-.
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