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

Mr. :deelesel Doheny was placed at the bar, charged
by Ineeecter Cs'uy with disturbing the peace of the
court, Ler shouting in a most disorderly manner.
Mr. Doheny—l admit that I clapped my hands, but I
deny eavieg shouted. In the fullest sense, I adopt every
werel uttered by Mr. Mitchel at that dock.
He was ultimately committed.
Mr. Dattenev—l am counsel for some young men who
are charged with the offence of drilling. Shall I have
an opportunity of defending them?
Mr. Justice Mooun—Certainly, you shall be permitted
to do se.
Mr. BALDWIN, Q.C., intimated that it was not the in-
tention of the Crown to proceed with the prosecution fur
" &e., in the case of the Queen against Eng-
lish and ethers,.
Mr. DOIIENY then applied that his clients should be
permitted tr, stand out on their own recognizeeces to the
next commission Application granter/.
Mr. T. F. Meagher was then brought up in custody
or lesneetor Little, who, on befog sworn, charged him
with expressing applause by stamping his feet and clap.
ping his hands.
Judge MocnE—Perhaps this was done in the excite-
ment of the moment, and you will reconsider the matter
in the course of the day.
Flrron Leraoy.—We will receive any apology during
the pitting of the Court.
Another gentleman wile hail given cxpresiion to his
feelings ie the gellery of the court, was also brought up
in enetddy ; but wns discharged on stating that he had
acted under the exciiement of the moment.
Aeldrew English, one of the traversers in the "
ing " case before mentioned, was also charged with tur-
bulent conduct in the passage leadin e to theb court. He
stated, however, that he did not wing to create any dis-
discha
order,
rganded the Judges, therefore, ordered him to be also
Baron LEFROY said, with respect to Mr. Dohony, who
was kept standing at the table in tee custody of the
police, that the Ceurt would not commit him until he
bad time for a little calm reflection.
Mr. Dlohen id not
did not mean any disrespect to the
Court. d mean an y contempt to the Court in
giving expression to my feeling ; but whatever punishe
trent is attached to the expression of my
sympathy for
Mr. Mitchel, and l'or entertaining the opinion I hare
uttered, I cannot retract it. I repeat, however, that I
did not mean any contempt towards the Court.
Baron leeFßOY—Then, under those circumstances,
and as you were under excitement, the Court discharges
you.
Mr. '-'.leagher (who was also in the hands of the police
in court) then came forward and said that he could not
retract anything; but he w mild say that he did not
mean any disrespect or contempt towards the Court. I
regret the contempt, if I have been guilty of any, which
I did not intend, but I can say no more.—Discharged.
Mr. HOLMES here rose to address
utmost silence was observed. said—illy He
thiek I had a perfect right to use thelanguageanuage I did yes-
the
terday. I wish now to state that what fsaid yesterday
C°u, when the
Lords, I
I adopt 'c-c! 3y as my own opinion. But if
law I have vio-
lated the in anything I 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
e
treatment of tide country, are my sentiments, 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, et Ontario-terrace, to Newgate, to
interchansee farewell with her convicted husband previ-
nue to his final departure from his native laud. A few
only were present. We have been informed that the
scene was harrowing to the last degree. The professed
Republican preeerved a stern compoqire for some time, 1
sutetuest by the presence of his wife and artless 1
children, he bent into tenderness, and the shock was the
greater twealise of his reluctarce to yield. SEIZURE AND SUPPRESSION OF THE
UNITED IRISHMAN."
At e. rse,w minute; to post hour a body of policemen,
hearses' by an inspector, marchel up to the office of the
United irisi:man and took possession of all the property
,flet eriects therein. Tha terge quantities of the paper
provincial agents, as well as
made up in percels for the
thc copies directed to the regidar subscribere, were ear-
Tiea ;ifi" by the police. This is reeeened as a
very
r
en the pin of the authoritic3; buntbiti;
trer r.eoceet-1 e ,%;
tistifiest:ion' will be found in the extraordinary seen©
~„,4„..ce in (.7eurt this morning, and the avowal made by
Me. Mitchel's friends that fitly of them were ready to
tales, hi 3
at the press, of which he hes now ceased
to lie n preprietnr.
RiiITITRN OF THE .JUDGES FllOll COURT.
Wben the people were partially separated the judges

3; )z.`i 'int you might be statutably guilty, but that you
lk era ;-;t i; justified in what you did. The Court, though
•tvm. not interpose that line of defence, yet desired

3le. HOLXES—My Lords, with the greatest respect,
what I said was, that though he might be statutably
guilty, he was not, in my opinion, morally guilty. I
repeat; that opinion now.—(Subdued applause throughout
the court followed this avowal of the veteran patriot.)
Byron 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
poasibie supposition that we sat here and acquiesced in
a line of defence, 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. Ilonmas—l am answerable for that under the Act
of Parliament.—(Applause.)
Baron LEFROY—Are there any policemen in court to
prevent this interruption?
Blatt SHERIFF—I have given distinct orders to the
pelice to remove any persons interrupting the proeeed-
ings from the Court, and
Baron LEFROY—But they should made prisoners of
them, that they might be committed to prison. I wish
you (addressing the prisener) to understand that we have
with the utmost anxiety, and with a view to comae to a
decision upon the measure of punishment which it would
be our duty to impose, postponed the passing of sentence
upon you unathis morning. We have with the utmost
deliberation examined the matter, with an anxiety to
duly diccharge the duty which we owe on all hands—
th duty which we ewe the prisoner of not meting out
pnnishment beyond the just measure of the offence, and
the dory we owe to the public that the degree of punish-
ment will be such as to carry out the object of all pu-
nishment, which is not the mere infliction of the penalty
upon the person convicted, but the prevention of crime—.
that the puilisbment should carry with it a security to
the country, as far as possible, that one who has offended
so perseveringly—that so deliberate a violator of the law
shell net be permitted to continue his course of conduct
;,o the disturbance of its peace and prosperity. We had
to consider ail this—to look at the magnitude tif the crime,
and to look also at the consideration that if this were
eel the first case brought under tlte Act, our duty might
have ebEge:l us to carry out the penalty it awards to
the tamest extent ; but taking into censideration that
thie is the first conviction antler the Act—though tie
,4:nce hat% been as clearly proved as any offence of
the kind te tfd —the seetsn-e of the (`.curt is—
'• .1 HAT lOU BE TRANSPOI; TED BEYOND
rl a; SE FOR THE TERM OF FOURTEEN
YEARS."
The ATTORNEY GENERAL demanded that judgment
agaiest the prisoner should be entered on each count of
the iretee cent, as wen the rule in England.
13eree Attorney• General having called
uplia le; to have judgment entered on each count in
• the kiiiinuent, I order the Clerk of the Crown to
do so.
Mr. Mitchel then spoke as follows r—Thc law has
no (ion° its parr, and the Queen of England, her
Crown and Government in Ireland are now secure, pur-
genet to A tof Parh:tment. I have done my part also.
YLOI• 11^',V I promised Lord Clarendon, and his
tererertimeet in this coutary, that I would provoke him
i-ito i it courts of justice:ss places of this kind are called,
anti that 1 would force him publicly and notoriously to
Beek a jury against me to convict me, or else taut I
would uvik a free man out of this court, and provoke
hhe tee a contest in another field. My Lord, I Jinni, I
was seeing my life on that east ; but I knew that in
either event the victory would be with ma, and it is with
rnse Neither the jury, nor the judges, nor any other
man in this court, presumes to imagine that it is a i
erred:oat who stands in this dock.—(Murmurs nialepleese,
which police endeavoured to repress.) I have shown
what the taw is made of in Ireland. I have shown that
by packed
Lee etetitety'e Gevernraent susteins itself
jut iPn, earti,an judges, by perjured sheriefe
BeronLeritee— the Lour: cermet it hero to hear
yca arrtegn the jurors of the ectintry, thesheriff:, or the
tee:atty., the actwinittratinn rf justice, the tenure by,
whedt the Crown of Enelerel holds this country. We
cannot, it here and suffer you to proceed thus, because
ties trial r:rfr•r. Everything you had to say previous
to tho judgment the Court was reedy to hear and did
hear. We cannot stiffer 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-1 will not say any more of that kind ;
bet I say this—
Burch LEFROV—Any:hing you wish to say we will
Lear ; but I trust you will keep yourself within the
Janits which your own judgment will suggest to you.
AL% Mitchel—l hare acted all through this business,
from the first, meter a strong sense of duty. I do not
repent anything I have done, and I believe that the
course which I opened is only commenced. The
'tomtits who saw his hand burning to ashes before the
tyrant, promised that 300 should follow out his enter-
prise. Can I not promise (looking at his friends who
surrounded the dock) for one, for two, for three, ay fur
hundreds.
A loud shout of exultation here rang through the
Court, accompanied by immense cheering, clapping of
bands, and great manifestations of excitement.
Baron LRFROY—Officer 1 officer ! remove Mr. MitcheL
The shouts were 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 prisoner's friends, and numbers of coun-
sel, in their forensic costume, rushed over tables and
benches to bid farewell to the prisoner, who was ulti-
mately removed. Meanwhile the Judges returned to
the bench, .Tudge Moore first, and Baron Lefroy shortly
aftet, and Mr. Mitchel having been conveyed through
the underground pessege to his cell in Newgate, the
court began to resume somewhat of its ordinary ap-
peararce.
Altar some interval, which obviously was required to
calm the excitement which prevailed, and which there
was every reason to apprehend would have led to des-
perate coneequences at one period, the ordinary busi-
ness was proceeded with.
COMMETTAL OF MESSRS. DOHENY AND T.
F. MEAGHER FOR ALLEGED CONTEMPT OF
COURT.