an ee ny

oO

ee

Mr. Butt.—Then, my lords, may IT ask you to look at one authority ? Though I donot mean to argue any) question, I beg your lordships to refer to a note of Ser- jeant Llawkins, bearing: on the point as to the necessity of naming the principal in the indictment where the treason charged is accessorial. Itis under the title ‘ Accessory,’ 2nd Hawkins, p. 234.

‘The judges took a note of the passages in the autho- rity in question.

The three prisoners advanced to the front of the dock ; they were attired with evident attention to their appearance. [Mach of them coinported himself with a resolute air. M‘Manus seemed as self-composed as he was on his trial. O’Donohoe looked pale, but collect- ed, while Meagher exhibited perhaps a little astentatious display in his attitude.

The Clerk of the Crown having read over the indict- ments, and in the usual manner read the record of the arraignments, the pleas of the prisoners and their con- victions, asked each of them what he had to say why sentence of death should not be passed upon him.

The first prisoner whom he addressed was Mr. Mc- Manus.

Clerk of the Crown.—Terence Bellew McManus, what have you to say why sentence of death should not be passed upon you ?

SPEECH OF MR. McMANUS,

Mr. McManus said—My lords, I trust 1am enough of a christian and enough ofa man, to understand the awful responsibility of the question that has been put to me. My tords, standing in this my native soil—stand- sug inan Irish court of justice, and before the Irish

THE EXAMINER...

er" eee

fee or reward, and given, too, to his political antagonist. I cannot express my admiration of the ingenuity and great talent shown by my junior counsel, Mr, Francis Meagher, and his zeal for my defence. IT also beg to thank my solicitor, Mr. Laffan, for the ability with

which he conducted my case, and the general exertivns

made by him on my behalf.

‘The Cierk of the Cfown then asked Mr. Meagher what had he to say why the sentence of the law should not be passed upon him.

MR. MEAGHER’S SPEECH,

Mr. Meagher.—My lords, it is my intention to saya few words only. I desire that the last act of a proceed- ing which has occupied so much time should be of short duration; nor have [ the indelicate wish to close the dreary ceremony of a state prosecution with a vain display of words, Did I fear that hereafter, when I shall be no more, the country I have tried to serve would think ill of me, | might indeed avail myself of this so- lemn moment to vindicate my sentiments and my con- duct ; but } have no such fear. The country will judge of those sentiments and that conduct in a light far dif- ferent from thatin which the jury by which I have been tried and convicted haye received them, and by the country the sentence which you, my lords, are about to pronounce will be remembered only as the severe and solemn attestation of my rectitude and truth. Whatever be the language in which my sentence be spoken, I know that my fate will meet with sympathy and my memory will be honoured, In speaking thus acecuse me not, my lords, of an indecorous presumption. ‘TI’o the efforts | have made in the just and noble cause I ascribe

+nation—I have much to say why sentence of death or the f° vain importance, nor do I claim for those efforts any

sentence of the Jaw should not be passed upon me ; but, my iords, on entering this court, I placed my life—and, what is of much more importance to me, my honour-—in the hands of two advocates ; and, my lords, if I had ten thousand lives and ten thousand honours I would be content to place them under the watchful and glorious genius of the one, and the high legal ability of the other. My lords, [ am content in that regard. But I have something to say which no advocate, however anxious, can utter forme. I have this to say, my lords, that whatever part I may have taken in any struggle for my country’s independence--whatever part I may have act- ed in that short career—I stand before your lordships now with a free heart and a light conscience, ready to ubide the issue of your sentence. And now, my lords, perhaps this is the fittest time that I might put one sen- timent on record, and it is this--standing as I do be- tween the dock and the scaffuld-——it may be now or to- morrow, or it may be never; but whatever the result may be, I have this sentiment to put on record, thatin any part | have taken, | have not been actuated by animo- sity to England, for [| have spent some of the happiest, and most prosperous days of my life there, and in no!

igh 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 countrymen I leave my memory, my sentiments, my acts,—proudly feeling that they require no vindication from me this day. A jury of my countrymen, it is true, have found me guilty of the crime of which I stood in- dicted. For this 1 bear no animosity or resentment to- wards them. Influenced as they must have been by the charge of the Lord Chief Justice, perhaps they could have found no other verdict. But, what of this charge ? Any strong observations upon it, I feel sincerely, would ill befit the solemnity of this scene ; but { would earnestly beseech of you, my lord,—you, who preside on that bench,--when the passions and drejudices 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 and indifferent between) P

the subject and the crgwn. My lords, you may deem this language unbecoming in me, and perhaps it may seal my fate, but l am here to speak the truth, whatever itmay cost. Lam here to regret nothing I have ever

a ne

part of my career have I been actuated by enmity to done—to retract nothing I have ever spoken—I am here Englishmen, however much I may have felt the injustice!to crave with no lying lips the life I consecrate to the of English rule in this island. My lords, I have noth-| liberty of my country. Far from it. Even here, where ing more to say. It is not for having loved England | the thief, the libertine, and the murderer have left their less but for having loved Ireland more that 1 stand now. footprints in the dust—here, on this spot, where the before you, ‘shadows of death surround me, and from which I see

Clerk of the Crown--What have you to say, Patrick | my early grave in an unconsecrated soil is opened to (Donohoe, why sentence of death shall not be passed receive me—even here, encircled by those terrors, the

upon you. MR. O7DONOHOER’S SPEECH.

Mr. O’Donohoe siid—My Lords, I have written out a few remarks, which, with your lordships’ permission, |

hope which beckoned me on to embark upon the perilous sea upon which [ have. been wrecked still consoles, an- imates, enraptures, me. No, [ do. not despair of my poor old country. I do not despair of her peace, her

] will read. liberty, her glory. For that country I can do no more

The Court having assented, Mr. ODonohoe eaidiad than bid her hope. ‘To lift up this isle; to make her a My lords, I beg to say that the Attorney and Solicitor-| benefactor of humanity, instead of being what she is— General have. conducted the case against me fairly but) the meanest beggar in the world—to restore her anci- strictly, and I find no fault with them nor with the/ent constitution and her native powers—this has been evidence given against me, so far as it was acted on by my ambition, and this ambition has been my crime. the jury. My lords, f do complain that in such a county Judged by the law of England, I know that this crime the jurors summoned to try me, a stranger, for a political entails on me the penalty of death, but the.history of ofvnce, were.exclusively political opponents, and with Ireland explains this crime and justifies it. Judged by such a panel, I regret, that your lordships did not, as that history I am no criminal ; you (turning and address- ny counsel requested, allow my jury to have been call-|ing Mr. McManus) are no criminal. You (turning again ed from those who had not served, or been rejected, on| to Mr. O’*Donohoe) are no criminal; and we deserve no) a former triak My jury, thas selected, could not over-| punishment. Judged by that history, the treason of come all bias, and I believe they found a most mistalten, Which I stand convicted loses al] guilt, has been sane- verdict. Mr, Justice Moore in his direction told the tified asa duty, and will be enobled as a sacrifice. jury that if I assisted Mr. O’Brien whilst engaged in a| With these sentiments I await the sentence ofthe court, | treasonabie design, T was culty of treason, although | Having done what I conceive to be my duty—having|

. a imc rt j & : ins f . > might not know of his intent, and from their recom-| Spoken now, as I did on every occasion during my}

- —— ————_ +. CC enter nsec —

The rescript from Rome, on the Irish College ques- tion, has been received. Ut reiterates a portion of the former rescript, which Wwas« considered adverse to the new colleges. Sifiee that time the new statutes have been drawn up, with a view of meeting all diff. culties. ‘I'hose statutes were recently published, with a letter from the Lord-Lieutenant, who transmitted them to Archbishop Murray. ‘The present rescript, as we are informed, disapproves of those new Statutes, and consequently of the system on which the colleges are to be condacted, even in the modified form. "The Pope suggests to the Irish Roman Catholic Bishops, the ne- cessity of establishing a Catholic University in Ireland. entirely unconnected with the Government Colleges.— Finally, his Holiness earnestly recommends a thorough and cordial union amongst the Roman Catholic prelates of Ireland.

The Dublin Gazetle of Tuesday evening, contains a list of one hundred and thirty-two insolvents for the counties of Donegal, Tyrone, Enniskillen, Queen’s County, Kilkenny, Limerick, Tipperary, Waterford, and Wicklow, of which no less than seventy-three are eet down as * farmers.”

FRANCE.

No event of striking importance has occured jn France, since our previous advices. ;

Lamartine has left Paris, on a tour through the Pro- vinces. At Macon he gave 3000 fs. tobe distributed among the poor. Lamartine’s visit to the Provinces is set down to a desire to win pupularity, with aview to the Presidency.

The ultra-democrats of all shades are making a des- perate effort to produce a unanimity among their par- tisans as to the candidateship for the presidency. ‘The friends of M. Raspail are urgently solicited to support M. Ledru Rollin. This, however, will be a difficult matter, the prevailing opinion being that M. Raspail would have a greater number of sufirages.

The election of the President of the Republic is to come off on the 10th December.

AUSTRIA.

Our latest accounts from Vienna are not favourable to the movement party. The Emperor is at Olmuts, concentrating a large army withthe view of assailing his insurrectionary subjects, and making them obedient to his wishes. ‘I'he Viennese Assembly on the other hand, have allowed their Hungarian friends to return to their own Country, instead of retaining their services, and inviting them to make common cause with the eople.

While the Diet was hesitating and doubting whether the aid of the Hungarians should be invoked, the Aus- trian Generals have been steadily increasing their for- ces, and strengthening their position. It is true that the Viennese have a powerful and determined force within the walls, but then they have only about three weeks provisions, and if not slaughtered by the sword, they must soon be subdued by famine, if diversion in their favour is effected by friends from without.

Several deputations had waited upon the Emperor, with the wiew of affecting acompromise. At first these overtures were treated evasively, but His Majesty find- ing that the Hungarians had retnrned to their homes how speaks out plainly. ‘The Emperor had issued a Proclamation, from which it is apparent that he is de- termined to put down the movement party with a strong hand, as wil] appear by the subjoined extract:

Since my accession to the throne, the welfare of my people has been the mission of ny life. The history of

months, will furnish the proofs. But! should be un- true to the obligations imposed on me by Providence, were I any longer to allow of a state-of things which is calculated to bring the throne and the monarch to the very edge of the precipice, and to replace the constitu- tional freedom, which I have guaranteed by the unli- mited domination of brute force. Mindful of those duties, but with a bleeding heart, I find | am compelled to encounter, by the force of arms, the insurrection which isshamelessly raising its head in my capital, or wherever it may show itself, and tocombat it until it be

finally defeated—order, peace, and law, re-established, and the murderers of my faithful servants, Counts Lam- berg and Lateur, delivered over to the avenging arm of

mendation it appears that they found me guilty on that Career, what [ felt to be the truth,—I now bid farewel]|J"stice (dem richenden sdbme der Gerechtigheit). In

cirection. To one unlearned in the law,and supposing | to the country of my birth, of my passion, and of my that treason depends on intention, it seems contrary to| death; the country whose misfortunes have invoked my commen sense that I can participate in a treasonable sympathies, whose factions I have sought to queli, design of the existence of which | am ignorant. J do| Whose intellect I have prompted to lofty aims, whose not, however, presume to dispute the law as your lord-| freedom has been my fatal dream. ‘'o that country I ship has stated it, but no earthly judge is infallible ; now offer asa pledge of the love I bore her,and as a proof and as the doctrine is so startling, and being one stamp-| of the sincerity with which | thought, and spoke, and ed with the authority of Mr. Moore’s high constitutional | Straggled for her freedom, the life of a young heart, and character, would form a precedent dangerous to the lives| With that life all the hopes, the honours, the endear- and liberties of the best men, [ humbly ‘request your| ents of a happy and anhonourable home. Pronounce lordships to reserve the point forthe consideration ofthe| then, my lords, the sentence the law directs, and I judges. If your lordships be in error that error ought/shall be prepared to meet its execution. 1 hope I shall tobe corrected—if not, it will be a protection to every | be able. with a light heart anda clear conscience, to ap- one to know that the iw so Jaid down has been con-| pear before a higher tribunal—a tribunal where a judge timed. Lt is not fit on this solemn occasion to defend, of infinite gooodness as well as inGnite justice will pre- my opinions or condact—I will therefore only gay that/ Side, and where, my lords, many, many of the judgments ¢hose opinions have always been tolerant, sincere, and/of this world will be reversed.

consistent. fam grateful to my eminent counsel, Mr.

Many were moved by the prisoner’s words to tears Rutt, for his eloquent aad truly able defenee, the more : y P ars.

Senrence of death was then passed upon the three

€ because tbat defence was generously given Without} prisguers, and shortly after the Court closed.

order to attain that end I send, from various parts of the

monarchy, warlike forces against Vienaa, the seat of the insurrection.

The Leipsie Gazette of the 20th Oct. has a letter dated Vienna, Oct. 20, which states:

“The city is this day formally beleaguered and all succour cut off from it; yet the people display no symp- toms of a wish to yield.

The Isle of Loban, in the Danube (near Vienna) is held by the innperial troops. The Vienna Journals an- nounce from time to time the arrivals of deserters from the imperial army.

FrALY.

The Piedmontese army is 150,000 men strong, well clothed, instructed, organised, and animated with the best spirit. Brofferio having proposed that the cabinet shou!d not wait for the issue of the mediation to recom. mence the war. the Minister Pinelli answered that the cabinet had taken energetic measures to force Austria

governmeut, the history in particular for the last seven.