The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-06-15

| stances you do You have been found guilty on the
indictment charging you with feloniously composing
imagining and intending TO deprive the Queen of the
style Title, honor and royal name OF the imperial
crown Of the United kid.dom and with having
given publicity to that Intention by publishing
certain writings in public newspaper, published
by you, and called the United Iishmrn. There
are other counts on which you have been
also found guilty. You have been found guilty
Of the feonious intent and purpose of intend
ing to levy against the Queen for the purpose Of
compelling her by force and eonstrant to change her
measures and councils and that those felouous In
tents and purposes were manifested In publications.
put forward in your name in the newspa per.
These are the charges for which you put your
trial. and for which you have been found guilty The
evidence was furnished By yourself in publications
coming out OF your own hands-deliberate publca-
tons, issued at Intervals OF time which gave you full
leisure and opportunity to consider what you
about, and to reflect upon what might be the
quence of your acts The case turned upon the
meaning and Interpretation of these publications
The meaning and intention clearly fur
nished by yourself, and came from yourself, just
as the publications themselves. The meaning and
intent was collected from the language of the pub
locations themselves, not confined to one, but to
be collected from the successive publications. so
as to leave no doubt upon the words interpreted ry
yourself as to the meaning and intent of these publ
cations. The very able counsel who defended you
not able to offer any other Interpretation If their
meaning than that which is assigned in the in9ct-
ment Upon this evidence, therefore, thus furnished
by yourself the jury have found you guilty With
that verdict, therefore however you may be advised
think yourself justified in calling it the verdict of
packed jury and thus mputing perjury to twelve Of
your countrymon. deliberate and wilful perjury
Mr. M!rcHEL-No, my Lord, did not impute per-
jury to the jury
Baron LEFRoY--I understood that you had stated,
in arrest Of Judgment that you had been found guilty
by packed jury.
Mr. MIrcnEL-I did.
BARON RErsoY--I shall make no further observation
upon that; but it to the jury to state that, upon
the evidence furnished thus by yourself juror who
had the slightest regard to the oath he had taken
Il, v.
What ground of doubt suggested with respect
to the effect of the publication by yourself with
spec to the Interpretation and meaning of these pub
hcations! As | observed, not your able
counsel was able to suggest doubt meaning diff
ferent from what is imputed to them No not to
suggest any apology which could be attended to in a
court of justice, but an apology amounting to this,
that you had right to violate the law. Well, then.
with the verdict establishing your guilt of the offence
stated upon the face OF this ndic tment yourself
cannot fairly quartet and what is the nature of
the offence Of which you have been found guilty? If
the greatest offence. is akin the greatest
offence which any subject be guilty of towards his
sovereign or towards his country BY the law Of Eng
land, up to late period the offence you have been
found guilty of was high treason. At the present
mont, both in England and Ireland it is reasonable
felony; and cannot but hope that notwithstanding
the deliberate in the course which unhap
PLY you have been pursuing. that you may yourself
one day or other be struck with the awful consequent
the awful results to which that must of
COSTLY have led if it had not been checked in its pro-
gross. Surely provisional government taken from
bowling mob; surely, practical enforcement of your
arguments; enforced by hundred thousand pixies
must have been attended with most desoatng ruin to
your country. Well, then; independently of the ma
ture of this crime look at the circumstances connected
with it. will not 60 into any extraneous circum-
stances, but look at the circumstances which
shut eyes connected with this offence. 1t orig
mated in speech Well. great allowance might
be made for speech delivered under excitement,
and though the time and place were badly chosen
upon occasion where excitement would do mis-
chief perhaps, than upon more sober occasion If
rested upon that there might be great allowance
you thought fit to publish that speech full of excit-
ing and Objectionable matter, so charged with these
felonous compassings and intentions which stated
in the indictment You thought fit to publish it, to
take away from it all apology Of limited effect. You
put tinto condition calculated to give it circulation
through every of the land to duse the poison
through every excited mind in the whole country.
The law makes even upon the matter of high treason
great distinction between words spoken and pub
lshed. You published deliberately the first article
upon which so much has been lately said, that it is
quite unnecessary for me to recall reerate the OBJ
jcctionabe passages it contains to sustain both the
one count and the other. But upon compari ng the
two publicatons-the first of the 9th Of May and the
end of the 13th-ths observation arises That
whatever possible mitigation might arise from the
or of the first or from any thing occurring it, has
been efectually withdrawn by you and done away
with in the second. The second publication, which
interval of another week, leaves it utterly
impossible for the greatest stretch of ingenuity the
greatest perverson Of Interpretation protect you
Upon the second the charge is-and have it ex-
pressed by yoursef-ofap intention TO overthrow the
monarchy, and establish in its place republic. To
render distinct what was perhaps, vaguely expressed
in the irst you have published the second document
for which you indicted The first contained
matter which perhaps might have been and would no
doubt If the had rested that alone have been
circumstance of mitigation or at least au apology for
that publication You have in it discaimed the Intention
Of Of plumber and assassination and it dis
caimer which would have been your credit and your
adva ntage if you had left 1t TO make your
half. But what appears in the second publication from
the who disclaimed of plumber and assassi-
nation You tell your countrymen in the second
publication af preface that you going to speak
plainly. There is now growing the soil of ireland
wealth of grain and roots and cattle far than
enough to sustain in life and comfort all the inhab;-
tants of the island That wealth must not leave us
another year. not until every grain of it is fought
every stage from the tying Of the sheaf to the load
ing of the ship and the effort necessary TO that simple
act of self preservation will at and the bio
PROSTATE British dominion aud landordism." Now
how is it possible that that advice could be upon
without of necessity leading to plumber to the violent
taking away and Withholding by force and violence
the property justly belonging to others Withholding
it from them by force and violence, by the OF
arm Thus it is, then. that you appear from one
stage to another to have advanced in bold
and deliberate, and determined opposition to the
more mischeyously exciting. do not express myself
at least such is not my purposcto hurt your feelings
but merely to discharge the duty which is now cast
upon the Court, to admeasure in proportion to the
ture of the crime, the punishment which it may be
our duty to inlet. 1t Is, therefore that have Of
necessity stated strongly these passages of that publ
cation. and the of them and the
of them and the elaboration Of them, the grounds
by which we are bound to measure Judgment. and
to discharge the solemn duty owe to the law and
the public, and the peace and welfare OF the kingdom
Nor has there bee In the trial attempted
any explanation, any interpretation any apology for
these publications, any thing tending to raise
doubt Of their bearing the Interpretation put upon
them by the Indictment. In adverting to the
taken for the defence, desire-and especially de-
sire to be understood that the observations | am
| about to make and in which am following up some
of tho observations in the charge Of my learned
ther in every word Of which concurn the observa-
lions that am about to make the line OF defence
| that was adopted, make them not to aggravate in
the least the punishment which il be nv duty 10
impose any moro than it aggravated the before
the jury. Blu. | make these observations respecting
the line Of defence that take in order mark It's
irrelevancy, and with a view that the Court may not
appear to acquiesce in that line of defence We felt u
duty not to put stop to It, but to nerpose with
a view Of reprobating and checking it. a line of de-
fence which, in our judgm Mt not warranted by
the privilege given to prisoner for his defence and
which as it too plainly shown as injudicous
ofcred-no meaning ascrlbed to these publications.
effort made to show that you not guilty Of tue