The Sun.
London, England, 1844-05-31 00:00:00

THIS DAY'S NEWS.

THE STATE TRIALS.

SENTENCE ON MR. O'CONNELL
AND THE OTHER TRAVERSERS.

DUBLIN COURT OF QUEEN'S BENCH—
TIIIIRSDAY, MAY 30.
At four o'clock this day sentence was pronounced
by Mr. Justice Burton upon Mr. O'Connell and the
other traversers.
The sentence upon Mr. O'Connell was TWELVE
MONTHS' IMPRISONMENT and TWO THOU-
SAND POUNDS FINE.
The sentence upon Mr. John O'Connell, Mr. C. G.
Duffy, Mr. T. M. Ray, Dr. Gray, Mr. Richard Barrett,
and Mr. Steele, was—nine months' imprisonment, and a
fine of fifty pounds each.
Mr. O'Connell was further ordered to give sureties to
keep the peace for seven years, himself in 5,000/., and
two sureties in 2,5001. each. The other traversers for
the same period to give securities in 1,000/. each, and
two sureties for 5001.
Sentence having been passed—
Mr. O'Connell immediately rose, and said that he
wished to remind the Court that he had made a solemn
affidavit, declaring that he had never entered into a con-
spiracy with the other traversers, or committed the
crime with which he was charged. He had now only to
say it was his painful conviction that justice had not
been done. A sudden and vociferous cheer from nearly
all parts of the Court followed this result ; and although
it was accompanied by the clapping of hands amongst
the junior bar, and was two' or three times repeated, the
judges did not interfere, although evidently displeased.
The traversers were given into the custody of the
sheriff of the city of Dublin, to be conveyed to the Rich-
mond Penitentiary, on the Circular-road.

The following is a more detailed account of the pro-
ceedings, with a full report of the speech of Mr. Justice
Burton on pronouncing sentence :

One of the most extraordinary scenes that ever took place
in a court of justice occurred this morning upon Mr. O'Con-
nell's appearance in Court. All parts of the Queen's Bench
were crowded, and more closely filled than the place assigned
to the junior members of the bar. These, with the exception
of a few, certainly not more than four or five, rose upon Mr.
O'Connell's entrance, and commenced cheering and clapping
hands for him. Mr. O'Connell appeared to be greatly sur-
prised, and was evidently deeply affected by this unlooked-
for compliment. Ile repeatedly bowed to the members of the
bar, who still continued applauding him, and persevered in
doing so for several minutes, despite of the repeated warnings
of the criertopreserve silence.

It is, we believe, the first time that a person called upon to
receive the sentence of a Court of Law has been greeted by
the plaudits and cheered with the sympathy of the members
of the bar.

At the time this scene occurred, none of the Judges were
on the bench, nor any of the Crown or Queen's Counsel
present.
From an early hour in the day, all parts of the Court were
filled; and amongst those present we observed occupying a
seat amongst the Junior Counsel, the Right Hon. R. L. Shell,
M.P., Sir V. Blake, M.P. By the side of the Traversers sat
Mr. Smith O'Brien, M.P., and the distinguished Catholic
preacher, the Rev. Dr. Miley, the Earl of Cardigan, Mr. She-
ridan Knowles, and some members of the Lord Lieutenant's
household were also in Court. _ _ _

The first business of the day was the discussion of a motion
on the part of the traversers that the Court should fix the
time for the sentence to commence at such a period as might
enable the travcrsers to have their writ of error determined
by a superior tribunal. This motion was supported by Mr.
Moore, Q.C., and Mr. Whiteside, Q.C. It was opposed by
the Attorney-General and Solicitor-General.

The Couir was unanimous in rejecting it.
Upon that decision being announced,
The CHIEF JUSTICE said—Have you anything to move,
Mr. Attorney-General ?
The ATTORNEY-GENEnAL—I suppose the traversers are, in
pursuance of the notice served on them last night, in attend-
ance ; and I move that sentence of the Court be pronounced
on them.

Mr. O'Connell, who had been on one side, speaking to his
counsel, with difficulty made his way to the traversers' box,
and, on his entrance, all the bar rose. He was followed by
the other traversers, and when their names had been seve-
rally called over,
Mr. Justice BURTON, who seemed deeply affected, then
proceeded to pass the sentence of the Court. So strong were
his emotions, that his utterance became, at times, perfectly
indistinct. Theleelings of the Judge seemed to prevail over
all who were present, and the scene was one in which the
greatest excitement appeared to be mingled with the
strongest sympathy and the deepest solemnity. He
commenced by observing that, in the present case, the
traversers charged upon the indictment having, after
a full, and indeed, he might add, reiterated discussion upon
all the questions arising from it, been found guilty, and the
Court laving arrived at, and expressed, the opinion that
they had been lawfully convicted of the offences imputed to
them—the application made for the postponement of the
execution of sentence having been also heard, deliberated
upon, and determined upon in support of the prosecution—
the proceedings were now brought to that stage, in which
the sentence proper to the established offence and upon which
the Court had deliberated, and had come to a careful conclu-
sion, was to be pronounced. It is now, then, said he, my very
painful duty—very, very painful, indeed, I feel it to be—
to state what that sentence is, and as the law has
awarded it. The main offence imputed to the traversers is
that of attempting the abolition or abrogation of the legisla-
tive union, as at present subsisting, by means of a conspiracy
which is alleged by the indictment, and has been so found by
the jury, as formed by them, with the intention to intimidate
the subjects of the Queen who are opposed to such a measure,
and to diminish the respect due to courts of law, as well as to
intimidate both Houses of Parliament and the Government
of the country, as it is at present constituted. That charge
which, in the opinion of the jury had been trulyand fully es-
blished, moreover stated that the traversers conspired to
create intimidation, and among other means, by the demon-
stration of great physical force. Ido not now mean to go
into the examination of the questions of the case, or of the
particulars, by which this offence of conspiring to create in-
timidation has been carried to the conclusion at which it has
now arrived; but I have now to state that this offence,
as it has been charged by the indictment, and found by
the verdict of the jury, is that of a very high misde-
meanor. A very slight degree of reflection, indeed, will
be sufficient to show any person that, in truth, it is so.
I consider all the separate offences charged as component
t
whichpar is
parts of
itst high offence—that is, the intent to intimidateheconspiracy are maul. dependent upon that
and excite and to overawe, and, as it has been par-
ticularly set forth, by terror and by the display of physical
force. He here recapitulated the different parts of the
charge contained in the indictment, and then remarked that
all these offences are conducive to and component parts of
the same crime charged in the indictment, and found by the
jury, namely, n conspiracy to abolish the Legislative Union,
by means of the intimidation caused to various branches
and bodies of her Majesty's subjects. There were legal
means of effecting the object; it might be effected by legal
means, that is, by an application to Parliament, and by the
exercise of the Queen's prerogative, but the attempt to abro-
gate it, by the means charged in the indictment, and as esta-
blished against the traversers, by the verdict of the jury, is
highly criminal. The Court then has now to consider what
must be the punishment awarded to a crime of this descrip-
tion, and upon the mere statement of the case, there can, I pre-
some, be no difference of opinion, even among persons the best
informed
high misdemeanour. aa
such
I
i subjects,ts ia
to its constituting a very
upons the establishment of that
offence against the several traversers that sentence is now to
be pronounced.
The question has been under the considera-
tion of the Court as to what the sentence, under the circum-
stances, ought to be; but Ido not now mean to go into the
consideration of the full consequences of the commission of
such an offence. The Court, has felt itself bound to consider
all the bearings of this case, and they have formed their
judgment accordingly. It is, then, now my duty—my painful
duty—(his Lordship here paused for a moment)—in truth, Ido
find it to be a most distressing duty, to state what is the result
of the consultation of the Court, and which is to affect the liberty
of so many men—all of them, I believe--one, I am sure—who
stands very high in public estimation. It is, I say, particu-
larly painful for me to state it with respect to one of these to
whose judgment as a lawyer, and as a highly informed man
in a case of such a description as the present, 1, myself,
would look with the greatest reliance where others might be
concerned—with respect, then, to him, the principal tra-
verser, as compared with the other traversers now at the bar,
the Learned Gentleman himself, will, I am sure, agree with
me in considering that lie stands in a peculiar position.
[There was here an audible murmur in all parts of the
Court.] They have shared in the offence, they have con-
curred with him in the cause he has adopted ; but they
have, as the Court believe, concurred, in consideration of the
high estimation in which they hold his superior talents and
judgment, and he moreover has accepted, acknowledged, and
taken upon himself the avowed condition of being their
leader ; in this regard his case differs disadvantageously
from that of the other traversers.—(A movement in all parts
of the Court.) But these considerations lessen what may be
looked upon as the great guilt of their conduct, when it is
considered how far they may have been drawn into the com-
mission of it, but the estimation in which—
Mr. J. O'Connell, who with his father had been sitting on
the front Queen counsel's seat, here started to his feet and said,
" Pardon me, my Lord—." The sentence, however, remained
unfinished, although its purport could not be mistaken—
namely, to avow his full responsibility for the part he had
acted, as being uninfluenced by any other than his own self-
convictions. His father, however, affectionately laying his
handon his shoulder, urged him to resume his seat. This in-
cident, which was but of momentary duration, added to the
excitement that pervaded every portion of the Court..
Mr. Justice BURTON proceeded to say—There is another
gentleman also before the Court--I mean the son of the
principal traverser—a gentleman of acknowledged talent, of
great legal attainMents, in high estimation, and with whom
I am personally acquainted, and of whose general conduct I
have a high opinion. In his case, also, the principal
traverser will see circumstances strongly in his favour
from the near relationship• in which he stands to-
wards him. There is one circumstance in this case which I
cannot but state, and I cannot but state it with what----I was
going to say—pleasure, but I can scarcely say I have a right
to use such a word as that on the present occasion ; but in
the situation in which I am placed, I do think it right and
just to state one thing as regards the principal traverser, and
that is, that the conspiracy, or those conspiracies, with those
intents or illegal means--illegal as I consider them to be to
the full extent charged in the indictment—illegal as I con-
ceive them to have been with respect to the dreadful effects
they might have had, and the very serious effects
they certainly have had upon the condition of the
subjects of this kingdom ; but still I feel that
there was one circumstance in all those things,
which I do feel it to be my duty to observe upon, and that is
this—the main proceeding, or proceedings, for the purpose of
carrying out that which was their design, and as it has been
perfectly established by the finding of the jury, was by inti-
midation to overawe the Queen's subjects opposed to this
measure of a dissolution of the union, and to extend their
intimidation so far, as to overawe the Legislature. A part
of their means was to call together great multitudinous
meetings of the public—meetings which 1 believe got the ap-
pellation of "monster meetings" from themselves, or from
some others. Those meetings then were proceeded with the
avowed notion of showing the great power, the greet influ-
ence, the irresistible influence and power of those per-
sons, who put themselves under the command of the principal
traverser. These meetings must necessarily have been at-
tended to the great terror of all the Queen's subjects in the
neighbourhood in which the assemblages Wyk place, and the