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

that they had givou honest verdict between the
crown on the hand aud the prisoner the other
That they would give such verdict had no doubt
aud that they would decide honest fairly and
impartislly be was assured. He would, then, leave
the issue in their hands
Witnesses were called, who proved Mr.. Mitchells
proprie torshp of the Uatcd Lishan and his speech
at the dinner at Limerick Tho publications were
oeiyed by the court aud entered as read.
Mr.. HOLMES commenced his address by eulogi2ng
ms client as ~ honest man, sincerely attached to
the principles he avows ~ ho next commented on the
exclusion of Roman Catholics from the jury pane
ard then in very labored manner protested his own
utter inability to understand either of the two charges
against the prisoner What was meant by intending to
deprive depose the Queen from the style honor
royal of tho imperial of the Unted King
DOM by advancing or intending to levy against
her Majesty her heirs living in any part
of the United Kingdom, by force constraint COM
pei her to change her councis,n he could
not, comprehend He ad mitted that very strong
expressions had been used by his client and he
TO try this case OF felony between the Crown and the
accused which he could not do without entering into
the history Of Ireland In the first place. then Ireland
was an ensaved country. The people did not make
their own laws, and people SO crcumstanced in
a state Of slavery.
Mr.. Baron LEROY said the course taken by the
learned counsel was obec tionable.
Mr.. HOLMES would be the last to press any thing
improper but it impossible for him to do justice
his client without doing justice Irela nd also There
here burst of cheers, and the ordered the
Sheriff to take any person offending into custody
The learned counsel said the he had taken
quite necessary for the defence. His client might be
guilty of felony but he said 1t broadly and boldly, that
England the Of the offence Of which he was
accused. Having very much in the style of confe-
derate orator. enlarged on the wrongs inflicted by En-
gland on Ireland, and the glorious volunteers Of
1882 apparently forgetful that Mr. Mitchell had called
them humbugs) the learned gentleman proceeded to
say. that no upon slender grounds should endea-
to subvert the established order of things but it
was the right of ensaved country. and the law of
Providence approved the right to and right itself
What man there would live.
IrEn Mr. HnlV ~ lfef. 10
this You teach those doctrines to the people for the
publication OF which the prisoner stands at the bar
We cannot suffer the of the prisoner to be put
the jury founded on the subject of repeal of the Union
by force Of arms.
Mr. HOLMES proceeded say that it was the conduct
of England her weakness, or her guilt or both, that
had brought the country into the
which it then was, and the English Ministers the
guilty persons not MIR Mitchell Those Ministers had
suffered Mr. O'Connell 20 agitate the question of
peal for years. they permitted the struggle 60 on.
though they believed repeat would end separation
and now they turned round and prosecuted unfor
tunae lrishman for ag tatng the question He (slr.
Holmes) would say, and every man must agree with
hiia that the very government that had instituted
cause of bringing this country into the wretched
state in which it is. His client might be statutably
guilty but he believed they we're morally guilty The
learned gentlemen next alluded to the recent special
commissions. at which, as he said death had followed
the footsteps of the Attorney General He described
assassination the crime not of free nations, but
only of the untutored savage, the brutazed slave
he did not deny that the assassin ought suffer for
his crime but deeT, deep, deep was the guilt of Eng
land in its unprovoked invasion and unjust do
minion in Ireland. At the close of centu-
ries Of wasting wars-wasting laws and still more
wasting policy-it was found necessary to main
tain that dominion in Ireland by special CON-
missions state prosecutions and military force-by
the gibbet by the goal and by the sword: The Lord
mt might be the best Of the good the wses
of the wise the braves of the brave but no could not
long maintain connexon between Great Britain and
gaol, and by the sword-the laws of eternal justice
forbid it, How that connexion to be maintained
By justce-by giving to Ireland her rghts-her rights
by nature, and her rights by compact-by giving to
her her Parliament truly representing the interests
of the people Let them give to Ireland her Par
lament-not the Parliament of 'S2-that was meteor
light which flashed across the land-it deceptive
vapour which quickly vanished. Ireland wants n
fixed star, bright aud resplendent-the cordial in
fuence and rejecting radiance of which may be seen
and felt in the glorious union liberty, happiness and
peace but it urged that if they did that it would
lead Lord Athorp had said to separation and that
Irelan nd would be erected into separate ndepe
State And suppose 1t did who to blame for that
any country to build and peril its greatness upon the
slavery degradation, and wretchedness of ,tker !,
Let them strip the case of the disguise with which
bition and crime and the love of power had invested
it, and what the sophistry Of conquerors and princes
and courters and lawyers had cast around it-what,
then, was it A strong man. because he is strong,
insults his brother man, because his brother IS
weak the slave struggles be free and the enslaver
kills him because he struggles. That was British con-
quest and dominion in Ireand-that British legis-
aton in ireland. He called upon the jury. in con-
cluson as they valued their oath and as they valued
honor, and they loved the country ofther birth
find verdict of acquittal.
Mr.. HENY replied on the part of the Crown.
Mr. Justice MOORE in addressing the jury said they
had been properly told by Mr. Holmes that this
of deep Importance 1t deeply important that
he should not be found guilty if innocent; but if he
had violated the law the peace Of the country in
volved in his conviction. The construction Of the
docu nts rested exclusively with the jury. The law
mad cast upon them the duty Of putting construction
upon them, according to the best of their and
judgment The counsel for the prisoner had borne
testimony to the honesty Of the prisoner He did not
find fault with him for having done but the homes
Of the prisoner had nothing to do with the violation
the law. His Lordshp, referring to the act under
which the prisoner was indicted said that it was a
valid binding statute and the single question for their
consideration would, consequently be,-had the pri
soner violated that act To decide that there
two questions for consideration list. Did the
prisoner publish the documents referred TO IDLY
What the meaning Of those publications
Upon the first question there could be little doubt as
it proved. and not denied that the prisoner was
the author and publisher Of the articles in question
and with regard to the latter altogether FOR theI
consideration to say what the true meaning and
import of the words they contained? His Lordship
having read and commented upon the articles charged
feonious in conclusion told the jury that if convic
ton not brought home to their minds that the
prisoner was actuated by the intentions imputed tc
him, they We're bound to acquit hm,-whilst if they
convinced that the allegations of the indictmen,
had been sustained, it equally their duty to give
verdict according to their solemn oath.
The jury retired at haf-past O'Clock They re
turned at half past seven with a verdict of guilty
The Mt of tho verdict says the United
Hishnan, created extraordinary sensation in tho
courts feeling of Indignation and horror seemed to
have possessed the people The only person unmoved
during this fearful moment was the prisoner. Tear
filed the eyes of all present. The sobs Of the ladies'
were painfully distinct; while not n shadow passet
the calm. stern, noble features Of the felon
| When the verdict was heard, many gentlemen, some
of them members Of the bar rushed forward to shak
hands with him whom they saw, perhaps, for the las
| time. LEROY called them to order and expressed hi
astonshment at their having forgotten themselves
| far. Heartless administer OF demon law ~
SENTENCE.
The court was crowded long before IL o'clock, OF
Saturday, the 9th ut, the hour to which 1t ad
! iourned. number Of MIR Mtchel's friends and ad
mrers we're early in attendance, and took up thei
places in the vicinity of the bar On Mr.. Holiness tn
counsel for MIR. Mitchell, entering the court he
received with loud cheering and other demonstration
OF applause, in which the members of the bar and
great part Of the auditory Joined.
The Attorney General, Mr. Baldwin, @ c., Mr.. Smy
ly and Mr. Perrin, were present on the part of thu
!