The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-11-04

The statute of Edward made the actual levying Of
war high treason, and the statutes he had just
named made the intention of leyying that war high
treason. The act did not extend TO Ireland, and
that which did extend it, it was contended made
the treasOns created by that Of Edward Ill merely
felony. It did no such thing. The statute Of Ed
ward still confines itself to the levying of war but
the act llth OfVictOria made the intention felony.
The two offences were perfectly distinct, and the
two statutes created two distinct crimes-One the
actual commission-the other the intention, that
the objection urged could not he maintained. With
respect to the objections made during the trial. the
court had considered them over and over again,
and convinced themselves that the Judgment they
pronounced was quite correct. 1t was not their in
tentiOn therefore, to reserve them for the opinion OF
the twelve Judges,
The Clerk of the Crown then asked Mr.. O'Brien
what he had to say why the sentence Of the law
should not be passed upon him.
Mr.. O'Brien said-My Lords, it is not my inten-
ton to enter into any Vindication of my conduct,
however much might have desired to avail myself
of this opportunity Of so doing | am perfectly
satisfied with the consciousness that have done
my duty to my eountry-that / have done only
that which, in my opinion it was the duty of every
Irishman to have done, and am now prepared to
abide the consequences of having performed my
duty to my native land. Proceed with your SEN
tence. [Cheers in the gallery.l
The Sentence.
The Lord Chief Justice then proceeded, amid the
most profound and painful silence, to pronounce the
extreme sentence ofthe law upon the prisoner. He
said
William Smith O'Brien. after long, painful and
laborOus trial, jury ofyour cOuntrymen have found
you guilty of high treason. Their verdict was ac-
companied by recommendation to the mercy of
the Crown. That recommendation, as Is our duty,
we shall send forward to the Lord Lieutenant, to
whom, as you must know, exclusively belongs the
power to comply with its prayer. 1t now remains
for us to perform the last solemn act of duty which
devOlves upon us-tO pronounce that sentence by
which the law marks the enormity Of your guilt
and aims at the prevention Of similar crimes, by the
example and infliction Of a terrible punishment.
On! that you would reflect upon that crime, and
dwell upon it with sincere repentance and remOrse
Oh that you would regret it as it is regretted by
every rational being-that you would feel and
know that is really and substantially repugnant
to the interests of humanity and the precepts and
spirit of the divine religion you profess, it is to
the positive law the violation of which is now at
tended by the forfeiture ofyourl life. The few words
you have addressed to the court, however, forbid
me proceeding any further with this subject 1t
now only remains for the court to pronounce the
sentence of the law.
Here his lOrdship assumed the black cap, and
amid silence at once solemn and painful, proceed
ed as follows THAT sentence is, that you, William
Smith O'Brien be taken from hence to the place
from whence you came, and be thence drawn on
hurdle the place OF execution. Gi6rB HaUg6Q
by the neck until you be dead that afterwards
your head shall be severed from your body and your
body be divided into four quarters, to be disposed of
as Her Majesty shall please, and may God have
mercy on your soul (The most profound sensation
followed the conclusion Of this sentence, and con-
tinued to manifest itself for several minutes after
waris.)
The passengers by the Europa report that it was
rum0red in Liverpool, that warrant for the execu-
ton of Bren had been issued and that he was to
be hung on that day at Clonmel
Trial Of Mr. McEHanus.
Shortly after sentence had been passed on Mr..
Smith O'Brien, the court proceeded with the next
case, namely, that Of Terence Bellew McManus,
for high treason.
The prisoner was accordingly placed at the bar.
He is a man about 35 years of age, and exhibited
great uncOncern.
Mr.. Butt, @. c., and Mr.. Calligan, are counsel
for the prisoner
called upon the prisoner to plead
HereupOn an argument took place on Mr.. Butt
applying that the arraignment of his client should
not take place until the list of witnesses and the
names of the jury were given to the prisoner, as
required by the statute of Anne. The court re-
fused the application, and a jury was then empan-
need, the prisoner challenging twenty of the
names called over peremptorily 1t ought to be
stated that eleven of the jurymen had been sworn
before the prisoners right of peremptory challenge
was exhausted. The Clerk Of the Crown formally
arraigned the prisoner for high treason. Mr. Lynch
opened the indictment, and the Attorney General
stated the case which was similar in Its tone and
to that delivered on the trial Of MIR.
O'Bren. After number of witnesses had been
examined, whose evidence went to show that Mr..
McManus went TO Munahone and Ballingarry,
and took part in the insurrectionary movement
there, under the command Of Smith OPBrien, the
case for the Crown closed.
Mr. Ruff thp def nj Vndn
ing The learned counsel, after a few introduce
tory remarks, in which he impored the jury to
dismiss all that they had heard of the circum-
stances which gave rise to the prosecution before
they came into the box, and to find a verdict ac-
cordng to the value of the evidence as laid before
them, he said they might believe his clients con-
duct wicked, or worse they might believe that
acts were committed which amounted to an evil
dent indication of reasonable disaffected prac
tees but until they could say, the cath they had
taken, that he guilty of the precise charge in
the Indictment, they could not find him guilty.
The learned counsel here referred to the indict-
ment, and proceeded TO address himself to the sew
eral counts which it contained. After quoting
portion OF the statute of Edward III, he proceeded
to conend at great length that the charge OF levy
ing war against the Queen had not been made out;
that all he had done was to prevent the arrest OF
Mr. O'Brien that he never entertained any gen
eral project Of revolt and that the speech at Liver
pool reported by an illiterate policeman, must be
left wholly out of the question.
A number Of witnesses were called, who gave
the prisoner an excellent character, and proved
that the uniform found in his tin box was that Of
the '62 Club.
The Solicitor General was about rising to address
the court and jury, when
The Chief Justice said that was the time for the
prisoner to address to the court any observations
which he might desire TO make.
The prisoner said-I have nothing to say to the
Jury, my lord, but to endorse all that has been al
ready said by both my counsel. All desire to say
is that did not belong to any Charlist society.
pledge my honor as man, that never did. Inever
attended any of their meetings, nor was connect
ed with them in any shape or form.
The Attorney General. Allow me to say, that
would not have stated that the prisoner had attend
ed Chartst meeting. had it not been that the po-
lieeman mentioned that the speech attributed TO
him had been spoken at one.
The Chit Justice. That was understood by the
court.
The Solicitor General postponed his reply on the
part Of the crown until yesterday, and the court
IL. I'M -