New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-12-24
THE LYNCH TREASON TRIAL.

the IlAtH IEE1NOH IhfiL-
The trial of Arthur Lynch for treason bids
fair to be one of the most noteworthy criminal
cases in Great Britain for many years \ trial
for treason is always sensational, but this one
will be especially so since it will involve d-
rectIy both the Boer and the Irish questions.
It will lead to some rethrashing of the old straw
of the South African controversy, and II will
give occasion for much expression of Irish ami
mostly against England. The prisoner will
commander should command. unless they are
false to their professions-the sympathy of
great multitude of Beers in Great Britain
and, of course of the Irish Nationaists gener-
ally. From arousing such passions the imperial
government evidently does not shrink Mr..
Lynch has been indicted and will be brought 10
trial and there is every indication that the case
against him will be pressed relentlessly. The
British principle is that treason must he made
odious." Indeed, that is the only sound prin-
ciplc Self-preservation is commonly called the
first law OF nature 1t is no less the first law Of
States The earliest criminal court establishG1
in Rome was the duumrri pcrducUi0nis, the
function OF which TO try cases Of treason,
and from that time to the present day treason
has been regarded as one of the gravest of Of
fences. The statement is current that this is
the first treason trial in sixty-two years in Eng
of Frost the Chartist, in 1910. But there have
been more recent cases in Ireland, various Irish
revolutionsts having been tried for and
victed of treason between 1860 and 1867.
The various English laws dealing with trea-
son date generally from the reign of Henry
VIII That sovereign had occasion in strength
ening his throne against conspiracies to codify
and amplify the older laws upon the subject,
and TO describe as treason some offences which
had not hitherto been so regarded But the
practical working law upon the subject is that
of Nictoria's reign enacted in 1S4S. It's def
milton of treason is the one by which Mr.. Lynch
| will have to be judged. According to that law
treason conssts-among many other things--in
levying against the British crown or
sisting any public enemy in such n war. IT
must, however, be n war the object OF which is
TO depose the sovereign from "the style, honor
and royal name" of the crown in some part of
the empire or by force and constraint to COM
pei the sovereign to change his measures
counsels or to intimidate or overawe Parlia-
ment Upon conviction of treason as thus de-
fined the prisoner is subject under the law of
1913, to the maximum penalty of penal servi-
tude for life. There are, however, other laws,
still in force under which he may be hanged,
and one, which eminent authorities hold to he
still valid. under which he may even be be-
headed. The ancient horrors of quarterng, etc,
are, however, now abolished In this case 1t
may be assumed there will be no thought of
imposing n heavier penalty than that of the
Victorian act Great Britain has no mind to
revive the bloody horrors of the block nor to
add another to the roll of Political martyrs"
The worst that Mr.. Lynch needs to fear, then
is Imprisonment for life, with a large chance of
having that sentence committed or of receiving
a royal pardon.
OF course he is not yet convicted There is
many slip between indictment and conviction
If he was to be judged by the boastfngs of his
friends there would be no doubt of his guilt
and his conviction and punishment would be
matters of course. But such things are not evil
dence. Until legal evidence of his guilt is adj
duced he must be assumed to be innocent The
burden of proof lies with the government. 1t
must prove by actual witnesses of his deeds
that he did participate in the Boer war on the
Boer side. 1t is not easy to see how it is going
to do so, unless by the testimony of Beers or
of some of the mercenaries whom he is said to
have commanded. II any OF these should thus
testify against him imagine that they
would be targets for such abuse and menace
from both Irishmen and Beers as few men
would care to face. There is of course the
possibility of securing evidence from British SOL
diers who were taken as prisoners by the Beers
or by Mr.. Lynch's alleged Irish Brigade" Per-
haps General De Wet or General Botha or Cen
eral Eiljoen could give some pertinent testi-
mony. though have heard no hint that any
of them will be called upon to do So In any
event the trial bids fair to be highly interest