New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-10-26
IRELAND-THE STATE TRIALS.
The Verdict of the Jury-FeeIing of the Pub
Iic-Smith O'Brien's Patriotism hite-
sides Defence-The Testimony of Dalton
O'Brien's Sentence-Napier's Testimony
Trial Of Vic Nanus-Arresfs-Jen Lind.

Judge has doomed him 10 Desth-snd such a Death -
He ia TO be hanged by the neck until he is dead and
then quatered and behesdedhis head 70 be placed at
the disposal Of Her Majesty SO runs the sentence de-
hvered with the greatest Indifference by the Chief
Justice and heard with thrill of horror that curd!ed
the blood Many took refuge in incredibly and refused
believe and though last forced 10 give credence
e. the fearful news they persist in hoping that the sen
,ence will not be carried out. Perhaps in no other
cosniry could Government have procured such yer
dict bu, the Attorney General knew his men-the Ju-
jors were unanmous-there was not one lawless par
tcle 20 thwar his plan-and Smith OBrien falls vic
tim 10 Jury murder Never did victory give such
little for triumph. The English papers say the
Bench might have lesson from the Dock From
first TO last he asserted and maintained his superiority
over willing Judges and Crown Prosecutors. Patriot
ism-,he WORKOUT cant Of modern dsys-the prelude
10 pace-he has re.hsllowed and classed II in the cat
egory with MartyrdOm. witness OF the proceedings
said there never such a scene-never was such he
roism displayed befOre-thst Emmett and Fitzgerald
aud all combined did not come up 20 him he was so
calm so dignhed heroic. lie oas hero and he
spoke truly There no straining after efect-no
ostentation Of fortitude-no parade Of magnsnimy-
bu, that quiet frmness which nothing moved except
the learned Counses allusion 10 the sacred ties of
trial where / ended in my last with the close of the
case for the Crown. Mr.. Whiteside made eloquent
defence He contended that the witnesses produced
by the Attorney General proved that the rising was for
the purpose Of protecting Mr Breu from arrest and
that though serious misdemesnor did not constitute
High Treason that the speeches sworn TO went to
prove the same thing that the dread of arrest the
upperrnost feeling in the mind Of Mr. OBrien and his
Ia nced no tra al IN At
vve the doctrine of Constructive Treason and mporcd
the Jury to scout il at once He referred the eyi
dence of Dobbin the ntorner and animadyerted upon
the Injustice OF the Irish Treason Law which refuses
10 the accused list Of the witnesses to be produced
against him Though an Engishman indicted for the
same crime can demand 1t matter of right there
by deprving him of all chance OF being able 10 inval
idate their testimony The necessity Of this was de
monstrated IN a remarkable manner. Mr.. Dalton,
reading in the Freeman account OF the trial, was
struck by Dobbin's name. He remembered a singular
conversation he had with person OF that name some
time before and from the the man gave his ev
idence, had doubt it was the same. Moved BY
sense of justice, he determined to make 1t public It
was as follows Being in publchouse IN stephens'st
some time last June mis- attention was arrested by
loud and animated discussion going on between three
men near him the best method OF benehting Ireland
Two of the speakers were OConneltes, and they
maintained that moral force the only thing necessa
ry and the only thing adequate. The other (Dobbin)
said he was Northern Orsngeman and disciple Of
John Mitchell and that IN his opinion the only way to
right their wrongs was in battle line, and TO enable
them to do So they rgsnise and arm Dalton be
ing appealed to- denounced agitation in general and the
Club agitation in particular On leaving the place, he
was followed by Dobbin who euogised Titus Oates to
the skies spoke OF his determination to emulate him
of his desire to hook these rogues of Priests and oil
his wish to secure him associate. On receiving
an indignant reply, he withdrew
They met sometime after opposite the Feon Office
when the proposal again renewed and again re-
jected. Dobbyn then said he was only sounding him
very necessary precsuon as the country was swarm
ing with detectives Mr. Dalton drew ups statement
of this and brought it to the FreenGps Journal Office
for insertion. Mr. Wilson Gray, brother OF the pro
preor of the paper having read it considered that the
writer would be most important witness and having
got eminent counsel TO agree with him in this opn
ion engaged special engine and set of for the south
at 3 clock in the morning accompanied by Dalton and
Mr.. o Hes, the barrister he had consulted. They ar
rived while the Judge was charging the Jury-the case
was suspended-Dslton and the informer were con
fronted but twas of no avail. After hours deib-
strong recommendation to mercy, as for many res'
sons they thought his life should be spared" The
Court was said to be aected-the foreman of the Jury
so much so that he could not read the verdict and a
low and suppressed of grieyed surprise told
the feeling Of the audience But that fearful word
guilty unsui,ed for human lips TO utter heard
by Mr. OBrien with the same simple composure that
characterized his conduct throughout the entire pro-
ceepngs Is II not an awful thing for Man shortsigh
ed erring and albe stand thus in the place Of God
to usurp an attribute of the Deity and take away the
life he cannot give-poent only destroy Yet If he
held in his hand the life giving powers of the Almighty
it he could create reviyy and resuscitse, no could
not doom to death with less remorse-with less bur
densome responsibility 1t 10 in cases like the
present when death Is decreed for mere political Of
fences without stain the moral character, that we
become more deeply sensible Of the savage barbsrty
of the death penalty and yet how wrongfully. The
strocous criminal whose guilt shuts out sympathy is
10 be lamented-ihe crimes that make him de
serving OF death render him unfit TO die.
The Chief Justice did not agree with the rest OF man
kind IN thinking MI Brien morally guiltless He
preached to him on the enormity of his crime vnd I'm
plorcd him to repent Before passing sentence he
asked NJ OBren had he anything to say in exenua
ton Of his conduct Mr. OBrien replied My Lord,
il not my intention 10 enter into any vndicaiion of
my conduct however much might have desired TO
avail myself of this opportunity OF doing 80 am per
fecty SATISFIED with the consciousness that have per
formed my duty TO my country-thst have done only
that which in my opinion 1t was the duty of every
Irishmsn to have done and prepared now to abide
tn. consequence Of having performed my duty to my
native land Proceed with your sentence. The three
judges assumed their black caps snd delivered judg
ment It's said tina, the day the verdict given
Mr.. o Brien met by Mesgher in the underground
passage tina, leads 10 the cells in fever Of anxiety to
know the verdict Mr. OBren's equsnimity deceived
even him, and he hoped but twas OF short duration
" Guilty, Meseher this is what we get for not sell
Ing the country soon undeceiyed him.
Sir Charles Napier examined for the defence,
ou, the letter he produced, and which revealed
scheme OF treachery purely Whiggsh was not receiv
ed by the Court 1t has been published however. Ii
was written by Thomas Young Secretary to Lord Mel
bourne. then Prime Minister and addressed 10 Major
General then Col Napier, (suthor Of The Peninsulsr
War wanting him TO take command OF 10000 men
and march on London expecting BY this means 10
frghten the King into creating peers and then by