THE IRISH STATE TRIALS.

New Zealander, Volume 4, Issue 292, 17 March 1849, Page 2

THE IRISH STATE TRIALS.

Conclusion of the Trial of Thomas Francis Meagheb. Clonmel, Friday.—Mr. Whiteside resumed h]a addreii thii morning, and did not conclude until the afternoon. Mr: Butt then examined witnesses for the defence, and then commenced hit speech upou the whole case, which he did not conclude, however, and the Court was adjourned at half-past eight o'clock. Clonmul; Saturday.—At the sitting of the Court Mr. Butt resumed and concluded hit nddreis." The priioner was then aiked by the Court if he de« sired to address any obseivation to the jury ; he declined to do so, with the single observation that ho was perfectly satisfied with the manner iv which his case had been conducted by hit couniel. The Solicitor-General replied, and about half-past two o'clork Chief Justice Bluckburne commenced hit charge to tlaejury. Hit lord^ip assumed that there had been an insurrection for a general object, anil the only question he thought that remained for the consideration of the jury was, whether the prisoner had incited, counselled, aided, and abetted that insurrection. In considering that question, the speechei of the prisoner, he said, would become material elements in forming their judgment, as well as the testimony of Dobbin. His Lordship cloied his address at half-past six o'clock, when the jury retired. At eight o'clock the jury came into court with>a verdict of Guilty, and an earnest and unanimous recommendation to mercy, on account of the youth of the prisoner, and for other rea-ons.

Clonmel, Monday.—The proceedings of this unusually protracted commission terminated to-day with the sentence of the three prisoner!, Mesirs. M'Manui, O'Dononhue, and Meaglier. At the opening of the court eight of the peasants who were taken in arm« were arraingncd at the bar, nnd severally pleaded not guil'y. They were then directed to withdraw, and on the motion of the Solicitor General the three couvicts were brought to the bar.

Speeches of the Prisoners. The three prisoners advanced to the front of the dock; they were ■Hired with evident attention to their appeur«nce. Each of them oomported himself with a resolute air. M'Manus seemed as self com. posed as Ue was on his trial. O'DonogUue lookeU

pale, but collected ; while Meagher had a little ostentatious display in bis attitude, which gave gome in•igbt into one great feature of his character. The Clerk of the Crown (having read the indictment) s»id — What have you, Terence Bellevr M'Manui, now to say why lenteuce of death should not be paised upon you ? M'Manui (who, at the utterance of the first word, pauied for a moment, then proceeded in a firm voice, and with that composure and propriety ot manner which lnd characterised his demeanour during the trial)— My Lords, I trust lam enough of a Christian and of a man to jmders'aiid the awful responsibility of the question which has been put to nee. Stand.ng upon my native soil, standing in an Irish court of justice, and before the Irish nation, I had much to say why sentence of death should not be passed upon me, »nd why the lentetice of the law should not be pronounced against me ; but upon entering into the court I placed my life, and, what it of more importance to me, my honour, in the hands of two advocates, and if 1 had a thousand lives and ten thousand honours, I should have been content to place them all under the watchful and glorious genius of the one, and under the patient zeal and devotion of the other. I am, theretore, content on this point, and have nothing to say with regard to it. But, I have this to say,which no advocate, however anxious and devoted he may be, can lay for me — I have thii to gay — that whatever part I may have taken in the struggle for my couutry's indepeadence whatever part I may have acted in my short career, I stand before your lordships now with a free heart and light conscience, ready to abide the iisue of your sentence. And now, my lords, in this, which may be the fittest time for me to put this lentiment on record, I say, that standing in this dock, and about th ascend the scaffoll, it maybe to-morrow— it may be now, it may be never— whatever the resu't may he, I wish to put this on record, that in no part of my con* duct, in no part of the proceedings I have taken, jhave I been actuated by animosity towards Englishmen, for amoiig them I have spent some of the happieit days of my life, and of the most prosperous ; and in no pai t which 1 have tiken was I actuated by enmity towards Englishmen individually, whatever I may have felt of the injustice of English rule in this island. . Therefore, I have only to say, it is not for having loved England less, but for having lov«-d Ireland more, that I now stand be lore you. (Murmurs of applause in the gallery.) O'Donoghue, on being asked by the Clerk of the Crown what he had to say, spoke as follows :— I beg to i»y that the Attorney-General and the SolicitorGeneral have conducted the case against me fairly, but itrictly, and that I find no fault with them, nor with the evidence against me, as far as it was stated to the jury. My Lord?, Ido complain that in such a country as this the jurors summoned to try me —a stranger — for a political offence, were exclusively my political opponents, and with such a panel I regret that your Lordibips did Dot, as my counsel requested, allow my jury to be called from those who had not nerved or had been rejected on a former trial. The jury thus * elected could not be supposed to overcome all bias, and I believe they found a most mistaken verdict. Mr. Justice Moore, in his direction told the jurj that if £ asiisted Mr. OBrien whilst engaged in Reasonable design, I was guilty of treason, although I might not know of his intent, and from their recommendation to mercy it appears they found me gui ty on that direction. To one unlearned in the law, who might suppose that treason depended on intention, it seems contrary to the common sense that I Cf.n participate in a treasonable design, of the existence of which lam ignorant. Ido not, however, presume to dispute th? law at your Lordship has stated it ; but no earthly judge is infallible, and as the doctrine is so startling, and is stamped with the authority of Mr. . Moore* high constitutional character, and would form a precedent dangerous to the lives and liberties of the beat men, I humbly request your Lordship to reserve the point for the consideration of the judges ; If your l>rd»hip be in error that error will be corrected, if not it will be a protection to every one to know that ' the law laid down here has been confirmed. It is not for me on this occasion, nor is it fit to defend my opinions and character ; I will therefore only say the. these opinions weie tolerant, sincere and consistent, am giateful to my eminent counsel, Mr. Butt, for his oluquunt and truly able defence— the more so, because that defence was generously given without fee or rewatd, and given to his political antagonist. I cannot express my admiration for the sincerity and great talent shown by my junior counsel Mr. Francis Meagher, and his zeal in my defence. I also beg to thank my solicitor, Mr. Laffan, for the ability with which he conducted my case, and the grert exertion made by him on my behalf. I thank your Lordships for this patient healing. Mr. Meagher, on being called on to say wby sentence of death should not be passed upon him, spoke as follows : — My Lords it is my intention to tay a few words only. I desire that the last act of a proceeding which has occupied so much of the public time should be of short duration; nor have I the indelicate wish to close the dreaiy ceremony of a state prosecution witli a vain display of words. Did I fear that hereafter when I shall be no more, the couutry I have tried to serve will think ill of me, I might indeed avail myself of this solemn moment to vindicate my sentiments and my conduct ; bu I have no such fear. The couutry will judge of those santimeuts and that conduct in a light far different from that in which the jury by which I have been tried and convicted have received them, and ' by the country the sentence which you, my Lords, are about to pronounce will long be remembered only as the «evere and solemn attestations of my rectitude and truth. Whatever be the language in which ray sentence be spoken, I kuowthac my fate will meet with sympathy and that my memory will be honoured. In speaking thus accuse me not, my Lords, of an indecorous presumption. To the efforts I have made in the ju-t und noble cause I ascribe no vain importance, nor do I claim for thote efforts any high reward ; but it so happens, and it will ever happen so, that they who have tried to serve their country, no matter how weak their efforts may have been, are sure to receive the thanks and blessings of its people. With my country men I leave u y memory, my sentiments, my acts,— proudly feeling that they require no vindication from me this d*y. A jury of my countrymen , it is true, have found me guilty of the crime of which I stood indicted. For this I bear not the slightest animoiity er resentment towards them, influenced as they must have been by the charge of the Lord Chief Justice, perhaps they could have found no other verdict. But, whit of this charge ? Any strong observations upon it, I Icel sincerely would ill befit the solemnity of this Bcene ; but I would earnestly beseech of you, my lord —you who preside on that bench— when the passions and prejudices of this hour shall have passed away, that you will appeal to your own conscience, and ask if it were a charge as it ought to have been, impartial fnd indifferent between the subject and the Crown. My Lords, you may deem this language unbecoming in me, and perhaps it may seal my fate. But lam lice to speak the truth, whatever it may cost. I am here to regret nothing I have evr r done— to retract nothing I have ever spoken— l am heie to crave with no

lying lips the Ufa I consecrate to the liberty of my country. Far from it. Even here, where the thief, the libertine, and the murderer have left their foot« prints in the dust — here, on this spot, where the shadows of death surround me, and from which I «cc my early grave in an unconcecratcd soil is opened to receive me— even here, encircled by those terrors, the hope which beckoned me on to embark upon the perilous sea upon which I have been wrecked still consoles, animates, enraptures me. No, Ido not despair of my poor oldcountiy. Ido not despair of her peace, her liberty, her glory. For that countiy I can do no more than bid her hope. To lift up this isle, to make her a benefactor to hnmanity, instead of being what she is— ihe meanest beggar m the world— to restore her ancient constitution and her native powers — this hns been my ambition, and this ambition has been my ciime. Judged by the law of England, I know that this crime entails on me the penalty of death, but the history of Ireland explains this crime and justifies it. Judged by that history lam noaitninal ; you (turning and addressing Mr. M'Maiius) are no criminal. You (turning again, to Mr. O'Donaghue) are no criminal ; and we deserve no punishment. Judged by that history the treason of which I stand convicted loses all guilt, has been sanctified as duty, and will be ennobled as a sacrifice. With these sentiments I await the sentence of the Court. Having done what 1 conceive to be my duty, — having spoken now, as I did on every occasion during my short career, what I felt to be the truth,— l now bid farewell to the country of my birth, of my passion, and of my death ; the country whose misfortunes have invoked my sympa~ thies, whose factions I have sought to quell, whose intellect I have prompted to lofty aims, whose free* dom has been my fatal dream. To that country I now offer at a pledge of the love I bore her, and as a proof of the sincerity with which I thought, and spoke, and struggled for her freedom, the lil'e of a young heart, and with that life all the hopes, the honours, the endearments of a happy, and honourable home. Pronounce, then, my lords, the sentence the laws direct, and 1 shall be prepared to hear it— l trust I shall be prepared to meet its execution. I hope I shall be able, with a light heart and a clear conscience, to appear before a higher tribunal— a tribunal where a Judge of infinite goodness as will as of infinite justice will preside, and wliere, my lords, many many of the judgments of this world will be reversed* A murmur af appluuie ran through the Court. Many were moved by the prisoner's words to tears, and among them the couuiel to whole care his life had been entrusted.