Wisconsin herald. [volume] (Lancaster, Wis.) 1846-1849, 1848-11-18
Mr. Whiteside's Great speech in De-
fence of Smith O'Brien.

mans journal, the niagnIuCehl pctol deioh W
the defence Of Mr.. WHITEsIDE. counsel for
SMITH O'BRIEN. 1t viii rank among the
most splendid specimens of forensic elo-
qusnce:
have now told you all, and it is for you
to say whether the charge preferred against
nv client has been made out. | have eX-
planned to you the principles of the law, and
/ have shown to you that the fact of appear
ing i'm arms is not enough, that it must be
treason within the indictment, and if it be
not proved, you are bound to acquit the prls-
oner. | have observed upon the evidence
and considered, so far as my humble ability
would permit, the great question involved III
this solemn tral-namely, the guilty intent
of the prisoner
Even although the explanation of his con-
duet may be in some respect unsatisfactory,
yet if il fall short of the tremendous guilt OF
treasOn-that is, an intent deliberately form
ed and put into execution to compass the
Queens death, or levying war against the
Queen-acquit him you must. Well do
know and feel the weighty difficulties OF his
case. With some, prejudice, has blocked
up the avenues of the understanding in
others, calumny has done IT'S work. The
to a fate he has provoked and deserved
Driven 10 excuses he did not contemplate
in order to preserve his personal liberty, be
must pay the forfeit of his presumption with
his life. Had he been hypocrte who as
sumed patriotism as the mask of sefishness,
he would ere now have received the rich
reward of his political baseGess.
/ Had he been willing to sell his principles,
he would have been promptly paid his price.
/ He had only to cheer on Inconsistency when
most fragrant, to applaud what he had con-
demned, and TO condemn what he had APP
/ pIauded-to unsay what he had said, and to
say what he did not honestly believe, and
the attanted traitor would have been IA pa
triotic placeman. He might have flOurlshed
in individual prosperity, after he had traded
with sufficient tact IN the mlserles OF his
country. Obstinate, Perverse man having
adopted political opinions sincerely, no mat
ter how Enormously, he has acted with rigid
honesty and consistency in an age of exist
ing regeneration and deception. He is
now hooted by all parties, for he has hatter-
ed and he has stopped to none.
The offence against party is worse than
his intent to kill the Queen-for he has ua-
masked faction and exposed meanness and
corruption. Therefore, let him die in his
impracticable folly. Whittier can he turn
for sympathy From whom expect justice?
Slandered, blackened aud yiified, his mo-
tves maligned, his conduct misrepiesenied
nicknamed traitor, anarchist, the foe of So
cial order, property and law-whither can
he look for refuge? A price was set upon
his head, he has been caricatured, hunted
through his native country--no epithet of
abuse was too gross TO be applied to him.
Where can he expect temperate consider
alton of his motives and entire political ca
reer! Nowhere but from you. And yet
the honorable prejudices of yonr nature may
be enlisted against hinI-you may have been
taught To consider him the obstinate enemy
of ) our country's peace. His hope ought
alone TO he where the law has placed tin
the honor, the integrity, the dscernment,
the humanity of jury.
A rampant Of defence to accused men,
that jury was designed to be, prosecuted
for political conduct or political excuses, by
the weight and power of the Crown. Judg
es must be unbendlng ; Juries may regard
the irailty of human nature. Juries-
sprung from the people-cast the ample
shield OF their protection over their fellow
citizens where they can. Such is the high
task aud office designated for you in that ia
iuOus NHOSe IpuiludllOtlS nave
been laid in the deepest wisdom, and which
has been through successive ages cemented
by the patriots blood, and consecrated in the
martyrs fire. Your cOuntryman, your fell
low-mortal is in your power. Seek not,
with severe anxiety, for proofs on which to
send him bloody death rather regard the
enables merciful man to
save what may yet prove a useful life to his
family aud his country. Believe his heart,
his motive, and his purpose were not guilty,
equivocal, although certain of his acts may
be.
The boast of British law is, that it ahhors
the shedding of human blood. Yield to lis
benign principles, to the generous impulses
of your nature, and stand between ;iIe priS
oner and his grave. A horrible death-a
grave he must not have-awaits him. Save
him by humane verdict from a fate so dis
NAL Review his life From his mothers
breast he drank in a love of country--from
n patriotic example the passion grew TO a
dangerous height. He has INDUCED per-
haps, II vision, TO the peril of life, that Ire
land might be nation, and you her guides
10 wealth and greatness. Is not death upon
the Scattold a terrible punishment for the be-
lief, although misguided, that lrishmen had
intellect enough To rule the country of their
BIRTH In his childhood he heard that the
Union with England was carried by corrup.
ton. lie heard lt from an Irish Scnatorwhom
money could not purehase-whom " title"
could not bribe--who gave his honest vote,
and would have freely given his life, to save
the perishing Constitution of his country.
That father recouuted to my client what
plunkett, Rusche aud Grattan spoke ON the
last memorable night of our National exis-
tence. How bad be been persuaded hy the
gravity of their arguments, influenced by
their ardor, and transported by their elo-
quences Ills youthful imagination, fired 10y
a sense of lreland's wrongs, dwelt GA the
days when we had gentry aud Senate,
with intense consistency, andthe passion grew