The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-03
Smith O'B,icn's Sentence.

from the Syracuse STAR october ~
From the active interest taken by ell classes of per-
sons in favor Of this noble patriot, Smith OBrien)
think it doubtful the government will proceed to
extremities There had not been warrant issued for
his execution md hope for the honor of humanity
it will Mt be- Should England enforce that herribie
sentence Of the law for q political offence, the
ex.era;on of the world should re.t upon her for all
time Eut it seems TO US that such tragedy will not
he enacted at this time it is impossible for that
| liehtened government to Perpetrate an act which
would shame Goth OF Vandal
[From the Boston Mall Nov. IL
In looking files of English papers, we have
not Yet found one Euesh editor who the idea
that the penalty law as exhibited in the
sentence Of the court should be the Irish
patriot o Brirn The recomme ndation of the jury to
mercy to have touched cord, even in the hard
English heart; and if the newspapers are any index
of public opinion public opin ion has any nlue
| with the crown. O'Brien wfl not swing The
various reasons" on which the jury founded their
recommen dstion to mercy, though nos expressed
selves to those who, in this case, will have the
royal ear: As Is admitted by the Liverpool
Smith Brian not marked by any Of the revolving
incidents that usually attach to the crime. He, at
least, stands free from the imputstion Of having
cretiy plotted to achieve his end by cruel and barba
Ious means. The very opepness Of his rebellion,
though it may enhance the crime in the eye of the
law, must, on moral grounds. go to palate his guilt
Had the entire people Of Ireland and o majority Of
| the people Of England been OF MIR. OBriens way of
thinking, the REBELLION would in all probability have
been successful and success would have legitmatised
it, success legiratises all its
divine right The difference just lies between
u
against society. MIR. o Brien against society
Society was not with him. Society, or the strongest
portion Of it, cast him out, and cast him down Mr.
O'Brien altogether mscalculated the force and ten
dency Of public opinion. He is the victim of his
mistakes He has beer betrayed into rebellion by a
perverse judgment, rather than by n wicked heart.
The ante cedents of his character forbid to suppose
him capable OF embrong his country in civil war,
knowing himself be the leader Of disaffscte ed mi
norty and trusting to the chances Of battle for
ing bis minority into majority From the deep
n oral guilt that would attach 10 such course
free TO copcede th at hold him to be exempt. And
this conviction in the minds Of the jury, Joined TO
the feet Ct the extreme aversion shown by Mr. Bren
to the short coure of his
rebel hip nppr bend TO have been the chief
OF the " various reasons which prompted their
CONNIE NJ eton to mercy. Even the London Times,
fsrcey ss IT bas denounced him as traitor now
leans to the side Of mercy or thing feel GER
tain If o Brien is inundated to appeafe the names
of miserable royalty, his memory will remain like
the tasran that will lead that heart visit terrible
retribution upon It's oppressor'.
EXCITING CAsE.-A civil case, of an exciting
nature, was commenced before Mark p TAYLOR,
Esq. on Tuesday last, In which the Right Rev. John
Purcell. Bishop of Cincinnati is the plaintiff and
Father 1iuber the defendant The suit Is of forci-
bic de'ar er the Bishop setting forth that Father
Huber occupies the premises Of the German Catholic
church Ia building tbereUnto atached) to his
he Bishops) will and desire. and, in the law phra.e
"by the strong arm" sc. Father Huber has been in
charge Of the Germa church. and combsts the Bishops
demand Of removal upon the ground that he holds his
power and place directly from Rome, and has yet
tei'ed no papa notification Of removal; while, the
hand Ire Bishop forth that he has by deed
and legal aud ecciesastcal power, control over all
premtes pertaining to the Catholic Church, in this
his bitbopric This care has caused considerable ex.
element and much feeling has been evinced- prO and
con, in tie matter parties having taken rides. A
nonsuit was granted sy the Court Cincinnati Com.
Odds and Ends.
The WoierfoUn journal notices fall Of snow on the
22d inst. end ssys that the Of similar fall
has been almost nvsrsbe in that quarter within the
memory Of the Oldest inhabitants about the I7th of
October ofevery year
locomotive, with its tender and cars was placed
CD tie Chicago and Gale railroad on the oath aud
was ready on that day to fire up and away over the
praire.
The income Of the State Of Vermont has fallen short
Of the exp. nditWes during the last year.
A large slapphtu.houee was consumed by fire at
Albany upon Afbor hill on Sunday morning.
The jeHelry store of Russell Clark Woodstock,
VI wac hohen open on Monday night lsst, and rob-
bed Of articles valued OF $1,000
The lightning line by the exertiops Of Mr. OReilly,
has been extended to the Garden city Of the Lakes,
Chicago.
Four inehee Of snow fell In Aroostooh county Maine