Wisconsin herald. [volume] (Lancaster, Wis.) 1846-1849, 1848-11-18

and subyert the Constitution, which in he art
he adores. His true offence is. that he cour-
/ ted for you what is England's glory, bless
1 ing and pride Deeply he may have erred
! in pursuit of this darling object-will you
avenge his misdirected patriotism by a
dreadful death:
| You may do so, and no earthly inducement
viii tempt me to say, if you pronounce the
awful sentence of guilty-that you have not
given the verdict conscience commanded.
1 If his countrymen condemn my client, he
will be ready TO meet his fate with the faith
of a Christian, and with the tirmness OF
man. (Sensation.) The last accents of
his lips will breathe prayer for lreland's
happiness, lreland's constitutional freedom.
The dread moment that shall precede his
mortal agonies will be consoled, if through
his sufferings and his sacrifice some system
of government shall arise which aver has
never existed-iust, comprehensive, impair
ta, and above all, consistent. which may
conduct to wealth, prosperity and greatness,
the country he has loved, not wisely, per-
haps, but too well.
Would to God Mr.. Smith O'Brien were
my only client. The future happiness of an
honorable, ancient, loyal family, is here at
stake-the Church, the Bar, the Senate, can
furnish relatives near and dear TO this un-
happy gentleman, Who, although they differ
in political opinion, have FASTENED to give
him brotherly consolation in this melancholy
day. Ireland has been the scene of their
benevolent exertions--the source of their
joys, their pride her misery has been their
affection, her CLEANS of prosperity their de-
light. With bolder hearts, should you con-
sign the prisoner TO the scaffold, they must
henceforth struggle on through cherries
existence, laboring in sorrow for the coun-
try they love.
A venerable lady, who has dwelt amid an
aflectiOnate tenantry, spending her income
where it was raised, difusing her charities
and blessings around, awaits now, with
trembling heart your verdict. If IA verdict
consiguing her beloved son TO death, that
heart will quickly beat no more. Alas
more dreadful stil--six innocent children
will hear irem your lips whether they are to
be stripped of an independence which has
descended in his family for ages-whether
they are to be driven fatherIess and heggar-
ed upon the world, by the rigor of a barba-
rous and cruel law-whether they are to be
restored to peace and Joy or plunged into
the uttermost depths of black despair
There is another who clings to hope-hope,
may it be realized in you. Her life's blood
would be gladly shed to save the object of
her youthful affectons-you will not con-
sign her TO an untimely grave!
During the delivery of this passage the
entire audience became visbly moved, and
for the first time since his trial, Smith o.
Brien's lip quivered and his eye filled, as
the idea of a mother, brother, children and
wife mourning over their possible loss, was
visby presented TO his mind. For mo-
ment he bent his head on his hand he firm
" pressed his brow for a few seconds, and
again resumed his wonted calmness. Not
so the audience the bar, the jury, the oc-
cupants of the benches, all continued deeply
moved, and from many manly eye, to which
tears had long been strangers, the big drops
rolled in rapid succession. We never re-
member to have seen so profound sensa-
ton as that produced by the gifted advocate
whose action and tone, far more eloquent
than his living words, expressed the deep
emotions with which his own heart was mo
we'd at an adverse verdict.
In case of doubt, at the very worst, let
Il fathers pity be awakened-a husbands
love be moved. Let Justice be administer
ed-but Justice in Mercy. In no pitiful
strains do | seek compassion for my client,
even in case of blood. ask it solemnly.
in the spirit of our free constitutional ac-
cordanco with the rooted principles of our
Common Law. This is a case between the
Subject and the Crown, wherein these great
principles might shine out in glorious per-
lection. A verdict of acquittal IN accord
ance with this Divine doctrine will not be a
triumph over the law, but triumph OF the
law. When the Sovereign seals, by her
coronation oath, the great compact between
the People and the Crown, she swears to-
execute in all her judgments, Justice I'M
Mercy. (Sensation in the court.) That
same Justice you administering rigorous,
renorseless, sanguinary code-but Justice
and Mercy.
Where, as here, the crime consists in the
intent of the heart, and you can believe that
intent not reasonable, nor even doubtful,
then, by the solemn obligations even of cold
est duty, you should yield to mercy-(great
sensation.) In nothing, though at an inn
measurable distance still, do men on earth
so nearly approach the attribute of the Al
mighty aS in the administration of Justice
Divine Justice will be tempered with mercy,
or dismal would be our fate. As you hope
for mercy from the Great Judge, grant IL
this day. The awful issues of life and
death are in your hands-do Justice in mer
CIV. The last faint murnur of your CULVER
ing lips will be for mercy ere the immortal
spirit shall have winged its fight, 10, trust,
better aud brighter world.
After a moment of deep emotion, loud
and long continued applause followed the
close of this magnificent address. The
learned Advocate had thrown himself with
such earnestneSS into the case of his client,
and telt so profoundly the weight that was
upon him, that he seemed quite exhausted
as he lay back rather than sat upon the
bench. Aser about three minutes, he re-
tired from court, when the applause was
again renewed.
HoUsE's TELEGRArH-ThiS instrument