The Sun.
London, England, 1867-11-02 00:00:00

MANCHESTER, Nov. 1.
The case for the defence having closed, Mr. Sey-
mour and Mr. Sergeant addressed the
court for their respeetive clients.
The Learned Judge then summed up the evi-
dence, and, after nearly two hAirs' deliberation,
the jury returned into court with a verdict of guilty
against all five prisoners.
The Clerk of the Court, addressing the prisoners
individually, asked them what they had got to say
why the Court should not proc.7ed to pass sentence
of death upon them according to law.
Allen—l waist to speak.
Gould-1 am going to reply to that.
Mr. Justice Blackburn said he would hear Allen
first.
The prisoner Allen then said—My lords and gen-
tlemen, it is not my intention to occupy much of
your time in answering the question. Your question
is one that can be easily asked, but requires an
answer which I am ignorant of. It is a question
which a much abler man than me could not answer.
Where were the men that stood in the dock ?
where were Burke and Emmett and others that
stood in the dock in defence of their country ? When
the question was put to them what was their answer ?
Their answer was null and void. Now, with your
kind permission, my lord, I will review portions of
the evidence that has been brought before me.
Mr. Justice Blackburn—That, you know, is too
late; probably you don't understand it. The evidence
has been commented upon, and the jury have found
their verdict, and we have no power or right to alter
it. If you have anything to say to show reason why,
either upon technical or moral grounds, sentence
should not be passed we will hear it ; but the time
to review evidence to show the verdict is wrong is
too late.
Allen—Can that be done in the morning ?
Mr. Justice Blackburn—No. It cannot be done
at all. The evidence has been carefully considered
by the jury, and their verdict has been passed, and
no power of the judges or of the law can alter it in
any way. If any application is to be made to the
mercy of the Crown or to the equitable considera-
tion of the Crown, if it can be shown that there is
any mistake, it must be shown elsewhere and after-
wards. We can now only consider the verdict to
be right, and the question is have you anything to
say why judgment should not follow ?
Allen—Yes, yes ; I have much to say.
Mr. Justice Blackburn—We will hear that.
Allen—l say there is no man in this court regrets
the death of Sergeant Brett more than I do. I
positively say, in the presence of the Almighty and
everlasting Judge, that I inn as innocent as any
man in this court. 'don't say this for the sake of
mercy. I want no mercy. I will have no mercy.
I will die where many thousands have died for the
sake of their beloved land. In the defence of that
laud I will die prcni.lly and defiantly. We are asked
why sentence of death should not be passed upon
us. On the evidence of prostitutes, ou the evidence
of fellows out of work, and convicted felons, an
Irishman is sentencAl to be hung, when an English
vagabond would get off. .1 say positively and de-
fiantly, in this court this night, that justice has not
been done me iu regard to what I have done in
defence of my country. I am fearless of the
punishment that can be inflicted upon me. I return
to Mr. Seymour and to Mr. Jones my sincere
thanks for their able defence, and also to Mr.
Roberts the same. My name is Philip Allen. I
was reared in Brandon, in the county of Cork. I
am proud of my country, and proud of my place.
My lords, I have done.
The prisoner Larkin said,—My lords and gentle-
mEn, I am only going to say a word or two con-
cerning Sergeant Brett, as my friend has said. I
believe no one in Court regrets the man's death as
much as what I do. In regard to the charge of
pistols and revolvers, and using them, I neither
used revolvers, pistols, nor any instrument on that
day that would deprive the life of a child, let alone
a man ; nor did I go.with the purpose for to take
life away. Certainly, my lords, Ido not want to
deny but I did go to the aid and assistance of
them two noble heroes that was lying in that van.
Colonel Kelly and Captain Deasy. I did go to
them, and did as much as lay in my power to extri-
cate them out of the bondage they lay in at the
present time; but I did not go for to take life, nor
my lords, any one else. Misfortunately, there was
life taken, but if it was taken, it was not done in-
tentionally ; nor the man that has taken life—you
have not got him. My lords, I believe he is not
here at present. I was at the scene of action, where
there was, I dare s ty, over 150 people standing by
there as well as what I was. Sorry ant Ito say it,
my lord, but some respectable people came as wit-
nesses against me. I thought they were, but they
were no such thing. So far as my trial went and
the way it was conducted I believe I got a fair trial,
and so far as my noble counsellors went they have
done their utmost in the protection of my life.
Likewise my worthy solicitor, Mr. Roberts, done his
best; but I believe it is an old saying and a true
saying, " What is decreed before man in his pas-
sage through life he has to fulfil it,—either the
gallows, or drowning, or a fair death on the bed or
on the battle field. So, my lords, I lie at your
mercy and the mercy of God ; and may God for-
give all those who have sworn my life away, as I
do from the bottom of my heart ! He concluded
emphatically—God forgive them !

The prisoner Gould said the witnesses against
him had sworn what was false. He never threw a
stone since he was a boy, and he had no pistol in
his possession on the day of this alleged outrage.
His name was Michael O'Brien. He was born in
the county of Cork, and he had the honour to
be the fellow-parishioner of Peter O'Neal Crawley,
who was killed in defending the port at Mitchells-
town against British troops last March, and fell
fighting against British tyranny in Ireland. He was
a citizen of the United States of America. If
Charles Francis Adams had done his duty towards

him, as he was paid for doing, he would not be in
that dock answering the questions. lie wrote to
Mr. Adams, but Mr. Adams did not come to see if

ho could find funds to disprove the charge, which
...

he possibly could, if ho had taken the trouble of

sending or coming to see what ho could do. He

hoped the American people would notice that part
_ _ _

of the business. Ireland had a beautiful climate

and scenery, but where was there a shadow of liberty
or a spark of glad life among the plundered and
persecuted inhabitants ? lie hoped that its itn-

becile and tyrannical rulers would be for ever driven
from her soil amid the execrations of the world.
The English aristocrats moralised over despotism in
Naples and other countries.

Mr. Justice Blackburn interrupted the prisoner,
remarking that it was entirely for his own sake that
he did so. What the prisoner was now saying
would not prevent the sentence of the law being
passed. lie advised him to say nothing more of
that sort.

Gould —My lord, I prefer saying it.
Mr. Justice Blackburn—Very well.
Gould proceeded to say that the English aristo-
crats should look at home and see the misery there.
He concluded by saying that ho had been improperly
identified, and that the witnesses had sworn falsely.
lie thanked his counsel and attorney.
The prisoner Maguire denied having been there
at all. lie said this was the third time he had come

ho►uc on furlough, that he had spent ton years in
her Majesty's service, and had not been long enough
in England to know or conspire with any one. Re
had written to his officer, Captain Jones, of the
Princess Royal, for a character, and if ever an

innocent man had been tried before his lordship he
was that man. Ile had never been near the place,
and would not know his way out to Bellevue ex-
cept he was shown, having Lever been iu that direc-
tion in his life. It was a hard thing to be sentenced

in the wrong. Nevertheless, he gave his best thanks
to those who had conducted his case. It was one

of mistaken identity altogether.
Shore said he would not say much, for it came
upon him altogether by surprise that a man could
be convicted of murdering a man whom he did not

know and had never seen. lie did not want to de-

tain his lordship, but could not help remarking that
Mr. Shaw had come to gloat over his victims, after

swearing what was altogether false, and there were