The Sun.
London, England, 1867-05-29 00:00:00

IRELAND.

D ÜBLIN, May 28.
The public excitement yesterday was intense, till
news arrived that the Queen had remitted the sen-
tence of death on Burke. The most earnest exer-
tions to save his life were made in all directions. The
Dublin University has honourably distinguished
itself in this movement, in which the cause of
humanity was not more concerned than the peace
of the country, and the interest of the Government.
About 4 o'clock the Rev. Thomas Stack, F.T.C.D.,
the Rev. J. Galbraith, F.T.C.D., and the Rev. John
R. Leslie, F.T.C.D., drove to the Vice-regal-lodge,
and placed in the hands of the lion. Mr. Dillon,
Private Secretary to the Lord-Lieutenant, the me-
morial drawn up in Trinity College, bearing about
320 signatures, including those of 18 Fellows, 8
Professors, 13 Queen's Counsel, 67 members of the
Outer Bar, and a number of clergymen, praying for
a commutation of the sentences of death pro-
nounced upon the Fenian convicts. Mr. Dillon said
he would at once bring the memorial before his
Excellency.
A number of the leading commercial men of the
city assembled at the Chamber of Commerce, and
signed a memorial to the Lord-Lieutenant praying
for mercy. Mr. Pim, M.P., Mr. John Bagot, sec-
retary to the Chamber of Commerce, Alderman
Gregg, Mr. Wallis, Mr. Wigham, and other gentle-
men attended. A deputation was appointed to wait
upon the Lord-Lieutenant for presentation of the
inernorLd. In the meantime the general aLxiety
became intensified from the want of reliable infor-
mation as to the result of the final deliberations of
the Cabinet. This state of public feeling existed
until half-past 4 o'clock, when a brief telegram was
received, stating that the sentence on Burke was
commuted. This was posted in the public rooms of
the city, and the several newspaper offices were soon
besieged by crowds anxious to learn the, latest in-
telligence. About the same hour a special telegram
to the same effect reached the Lord-Lieutenant,
who forwarded immediately an intimation of the
reprieve to the Lord Mayor, Cardinal Cullen, and
7..!.r. Price, the Governor of Kilmainham Gaol. The
following is his Excellency's official communication
to the Lord Mayor :

" Viceregal Lodge, May 27.
4, My Lord,—When I received your deputation
on Friday, the 24th inst., it was my painful duty
to announce that the decision which had been ar-
rived at in Burke's case compelled me to refrain
from holding out any hopes of a commutation of
his sentence. I have now, however, the satisfac-
tion of informing you that the Cabinet, having re-
ceived numerous important communications on the
subject, have anxiously reviewed again all the cir-
cumstances of the case, and, after maturely weigh-
ing the various points, have been led, not without
doubt, to entertain a hope that a lenient course
being taken towards this unhappy man may have
the effect of showing to his misguided companions
and followers that, when the public safety admitted
of it, the Government was disposed, as far as pos-
sible, to temper justice with mercy. I have, '
therefore, the gratification of announcing
that her Majesty the Queen has been gra-
ciously pleased to direct that Burke's sentence shall
be commuted to penal servitude for life, in the hope
that by this gracious exercise of the prerogative of
mercy such a feeling will be created among the
misguided persons who sympathised in this wicked
conspiracy as will induce them to renounce their
mischievous and insane designs, and that in grati-
tude to their gracious Sovereign, by whose clemency
the life of this unhappy man is now spared, they
may come to the determination to live for the future
in loyalty to the Queen and in peace with her Ma-
jesty's faithful subjects.
" I have the honour to be your lordship's obedient
servant, " ABERCORN."

A 4 o'clock three mounted orderlies were cie:-
spatched from the Viceregal-lodge to bear official
announcements to the Governor of Kilmainham
Gaol, to the Lord Mayor, and to Cardinal Cullen.
The Rev. Mr. Kennedy, the Roman Catholic
chaplain of the gaol, was deputed to convey the
intelligence to the convict. lie received it with
apparent indifference ; and in a subsequent inter-
view with Mr. Price remarked that "it made little
difference to him" whether he was hanged or not.
But as the evening advanced he was observed to
exhibit more cheerfulness than he ha 4 shown since
his conviction, and a desire to enter into conversa-
tion with the prison officials. It is expected that an
order will be immediately received for his removal
to Mountjoy convict prison.
No intimation of a reprieve has been received at
the prison with respect to M'Afferty, but it is ex-
pected that a commutation of his sentence will be
officially notified in a few days to the governor. In
the meantime, a memorial to his Excellency the
Lord-Lieutenant has been lodged by Mr. John
Lawless, solicitor, praying for the official fiat to a
writ of error in the case.

Similar excitement prevailed during the day iu
most of the other cities, especially in Cork, Lime-
rick, and Kilkenny. _

At the opening of the Commission Court in Cork
yesterday morning, O'Brien was asked whether he
had anything to say why sentence of death should
not be pronounced on him. In reply, he reviewed
the evidence at considerable length. lie complained
strongly of the mode of identification adopted in
Limerick Gaol, and at the conclusion of his review
of the evidence said he would now address himself
to the inquiry if he had anything to say why sen-
tence of death should not be passed on him, and
asked if he had the permission of the Court to
proceed.

13y the advice of the Court he held some commu-

nication with Mr. Collins, the result of which 3 6
that he forbore to make any further remarks.
Mr. Justice Keogh then proceeded to pass Sen„
tence. He said :—" James O'Brien, you have bee',
called upon to say why sentence of death should not
be passed upon you. You have been heard at great
'
length t%, and you have addressed the Court in
manner so becoming and so clear, evidencing 6.
much self-possession and such remarkable abilit4
that if anything were wanting to aggravate the
distress that every being in this court to-day Os.
feel, the remarks you have made would coon
bute to do so. You labour under a very nattir3s
error in thinking that observations upon questil
of facts and inferences to be taken from the el';
dence can have weight in preventing us in
passing sentence. We have no such power. 1,5
duty—the imperative duty—of the Court is to Pass
the sentence which the law awards, unless
matter of law shall be pointed out in the pocee.,
inns upon record before us which will justify us in
staying the pronouncing of judgment ; but labour;
ing under that error—one, as I said before; 93°511
natural—you have made no observations woici,
either in this matter or manner misbecome the I°,o
tiou in which you stand." After reviewing t'.o
evidence, his lordship said It was proved ie
evidence that you did all in your power to save for
lives of the men who were at one time at rile
mercy. It was proved by two witnesses, by 13r641111
and by another, that in that trying moment yoa
heartily expressed a wish to save human life ; 313
whatever may happen to you—that effort to sa4
'
will be recognised by a merciful tribunal. The Pr'
have taken the whole of your case into their al;
sideration, and they have addressed to the cow,
recommendation of mercy. That recommendation
shall be sent forward without loss of time, but it
not for us to give effect to that recommendati°ll;
We have no power to hold out any hope to you•
the other hand, I have no wish to withhold WY;
from you. You know your position'. You recluir
no teaching or instruction from me. You are o
man of intellect, of self-possession, and, except ft° 0
, a
what I have seen in the evidence of this case, °,`ll
,
well-regulated mind. You have borne yourself Wi',
dignity, and it now becomes my most painful dll4
to pronounce the sentence of the law—the law ".
which lam the mere mouthpiece." His lordsillP
here assumed the black cap, and pronounced sentePeo
of death in the usual form, and fixed the 19113 of
June for the execution.