The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-10-29
Smith O'Brien's Trial-Public Opinion Ina
America.


Smith OBrien's Trial-Public Opinion In
America.
The English papers, with that nonchaant dis
regard of truth in which long practice has made
them so perfect flying IN the face of facts sc
glaripgly notorious that their severation Is ge.
morally regarded as gratutous and unnecessary,
have claimed, with that easy mendaclty in
which they so much excel, that Smith O'Brien
has had fair and impartial trial, according to
the laws of England We do not intend to go
into analysis of the trial, the particulars OF
that coarse and shameless farce have been already
eagerly read by the public but we will state two
facts, connected with the proceedings, which
stamp them wlful, predetermined, and mali
Cious murder.
We shall not comment on the law OF treason, as
1t exists in England, brutal, barbarous, md bloody;
shocking, as 1t does, every sense of humanity,
and outraglng the dignity of mans nature ; but
shall show that this law, brutal, barbarous,
and bloody as 1t lie, has been rendered more bru.
tai, more barbarous, and more bloody, by the con-
structon put upon il by the vile judges selected to
be the Instruments of O'Brlens murder. We
snail not advert to the packing of the jury
that is so common practice IN Ireland, thai
II has ceased 10 excite any wonderment.-
Indeed, fairly selected jury in Irish State trial
would be regarded as curiosity and marvel.
Trial by jury has ceased to be, under English law,
aught but delusion, mockery, and a snare.
Men are sworn In to convict the accused, and they
honestly perform their duty to the government
Once or twice the Attorney General has, by some
laundering OF his subordlnates, permitted some in
d1dual, with refractory conscience, to be EN-
pannelled, as in the case of Meagher, and the con
sequence was a government defeat But, to do
the myrmidons of British law common justice
they seldom fail in their arrangements, and, as,
fortunately for them, there generally In the mar
ket an amount of purchasable morality adequate
TO thelrpurposes they almost invariably succeed In
accomplishing their vlllanous designs. All we
have to say, therefore, of the twelve gentlemen of
Tipperary, who were empannelled on Mr.. O'Bren's
trial, is, that they did their work with goodly
show of fairness, and that they even exhibited so
much regard for appearances as to recommend
the prisoner to mercy, after giving it, as their
solemn conviction, that he did not deserve IT. But
let this pass.
BY the law of England, person accused OF
treason must be furnished by the crown prosecu-
tor with list of the jury panel, ten days, and
list of the crown witnesses eleven days, before he
Is called upon to plead. This has been always
considered absolutely essential, in order to ena-
bic him to make his challenges and to expose the
unrustworthiness OF the witnesses produced against
him. The judges on Mr.. O'Bnens trial, decided
that this provision, although binding in England
does not hold in Ireland in other words, that
man accused of treason in England has some
chance of fairness, under the law such as It's but
that IT is different case in Ireland.
Alta later stage of the proceedings, it was urged,
IN The Judges own words, that the act of Edward
Ill could not apply to Ireland, that country was
not at the time OF its passage, within the realm of
England and, therefore, that the conviction was
illegal The Judges, in the teeth OF their former
dec,slon, decided that the law of treason is the
same in both countries.
We need not add word of comment. Three
filter instruments could not be chosen TO do their
bloody work The nefarious character of Justice
Doherty IS so notorious for the last fifteen years,
that 10 recall the blood stained history of his ad
ministration of the laws would be unnecessary.
He has sent hundreds of his fellow. countrymen
into exile at the behests of the government. As
blood thirsty as Jeffreys, he has lacked his promi.
hence alone, to make him universally detested.
We perceive that preliminary meeting OF the
Irish people OF New y ork has taken place, and that
measures have been taken to call general meet
ing, some day next week. for the purpose ofgving
an expression OF opinion on this judicial farce
which has recently been perpetrated IN Ireland on
the trial, condemnation, and sentence OF the patriot
O'Bren.
That trlal-the means which were resorted to to
insure verdict of guilty, by packing the Jury-by
excluding testimony OF character that would
show at least, that if Smith O'Brien Is guilty OF
treason, me is no more criminal than the great
untried Lord Ohm Russell--the admission OF testl
mony from a base niormer, who would not stop
at the grossest and vlles, perjury to the blood
money provided by the government in case OF con-
vic:ion-together with the barbdrous sentence that
was passed upon the lustrIous prisoner, demand
proper expression OF public opinion 10 this coun
try. especially from the lrsh; and we are glad to
perceiye that meeting is called Tor the purpose
II should not however, be confined to the Irish
The great principles which Smith OBrlen and his
associates have contended for during the las, few
wears, and for the maintenance OF which he has
been sentenced TO be hanged drawn and quarered,
by civilized England, are identical with those for
which the people of America fought, bled, and
died. IN the revolutionary struggle. Americans,
therefore, have as great horror and detestauon
for the nquity that has characterised the prosecu-
tion OF O'Bren and his compeers, as the prisoners
own oounlymen, and we have no doubt that the