Mr. Justice Keogh--"We can't hear that."

The Prisoner--"All I have to say is, that I was not at Geary's house

for four or five months before my arrest, so that Warner's statement

is untrue. If, having served my country honestly and sincerely be

treason, I am not ashamed of it. I am now prepared to receive any

punishment British law can inflict on me."

The punishment decreed to this pure-minded and brave-spirited patriot

was ten years of penal servitude. But to him it was practically a

sentence of death. The rigours and horrors of prison life were more than

his failing constitution could long endure; and but a few months from

the date of his conviction elapsed when his countrymen were pained by

the intelligence that the faithful-hearted John Lynch filled a nameless

grave in an English prison-yard. He died in the hospital of Woking

prison on the 2nd day of June, 1866.

When Bryan Dillon and John Lynch were removed from the dock (Tuesday,

December 19th), two men named Jeremiah Donovan and John Duggan were put

forward, the former charged with having been a centre in the Fenian

organization, and the latter with having sworn some soldiers into the

society. Both were found guilty. Donovan made no remarks when called

upon for what he had to say. Duggan contradicted the evidence of the

witnesses on several points, and said:--

"I do not state those things in order to change the sentence I am

about to receive. I know your lordships' minds are made up on that. I

state this merely to show what kind of tools the British government

employ to procure those convictions. I have only to say, and I appeal

to any intelligent man for his opinion, that the manner in which the

jury list was made out for these trials clearly shows that in this

country political trials are a mere mockery."

At this point the judge cut short the prisoner's address, and the two

men were sentenced, Donovan to five years and Duggan to ten years of

penal servitude.

The trial of Underwood O'Connell was then proceeded with. It concluded

on December 21st, with a verdict of guilty. In response to the question

which was then addressed to him he spoke at considerable length,

detailing the manner of his arrest, complaining of the horrible

indignities to which he had been subjected in prison, and asserting that

he had not received a fair and impartial trial. He spoke amidst a

running fire of interruptions from the court, and when he came to refer

to his political opinions his discourse was peremptorily suppressed.

"The sentiments and hopes that animate me," he said, "are well known."

"Really we will not hear those observations," interposed Mr. Justice

Keogh. "It has been brought forward here," said the prisoner, "that I

held a commission in the 99th regiment--in Colonel O'Mahony's regiment.

Proud as I am of having held a commission in the United States service,

I am equally proud of holding command under a man--." Here his speech

was stopped by the judges, and Mr. Justice Keogh proceeded to pass

sentence. In the course of his address his lordship made the following

observations:--

"You, it appears, went to America; you entered yourself in the

American army, thus violating, to a certain extent, your allegiance

as a British subject. But that is not the offence you are charged

with here to-day. You say you swore allegiance to the American

Republic, but no man by so doing can relieve himself from his

allegiance to the British Crown. From the moment a man is born in

this country he owes allegiance, he is a subject."

Hearing these words, and remembering the great outcry that was being

made by the friends of the government against the Irish-American Fenians

on the ground that they were "foreigners," the prisoner interposed the

apt remark on his lordship's legal theory:--

"If that is so, why am I charged with bringing over foreigners--John

O'Mahony is no foreigner?"

To that remark Judge Keogh did not choose to make any reply. It

overturned him completely. Nothing could better exhibit the absurdity of

railing against those Irishmen as "foreigners" in one breath, and in the

next declaring their allegiance to the British Crown perpetual and

inalienable. His lordship may have winced as the point was so quickly

and neatly brought home to him; but at all events he went on with his

address and informed the prisoner that his punishment was to be ten

years of penal servitude. Upon which, the comment of the prisoner as he

quitted the dock, was that he hoped there would be an exchange of

prisoners before that time.

In quick succession four men named Casey, Began, Hayes, and Barry, were

tried, convicted, and sentenced. Each in turn impugned the evidence of

the informer Warner, protested against the constitution of the juries,

and attempted to say a few words declaratory of their devotion to the

cause of Ireland. But the judges were quick to suppress every attempt of

this kind, and only a few fragments of sentences are on record to

indicate the thoughts to which these soldiers of liberty would have

given expression if the opportunity had not been denied to them.

John Kennealy was the next occupant of the dock. He was a young man of

high personal character, and of great intelligence, and was a most

useful member of the organization, his calling--that of commercial

traveller--enabling him to act as agent and missionary of the Society

without attracting to himself the suspicion which would be aroused by

the movements of other men. In his case also the verdict was given in

the one fatal word. And when asked what he had to say for himself, his

reply was in these few forcible and dignified sentences:--

"My lord, it is scarcely necessary for me to say anything. I am sure

from the charge of your lordship, the jury could find no other

verdict than has been found. The verdict against me has been found by

the means by which political convictions have always been found in

this country. As to the informer, Warner, I have only to say that

directly or indirectly I never was in the same room with him, nor had

he any means of knowing my political opinions. As to my connexion

with Mr. Luby, I am proud of that connexion. I neither regret it, nor

anything else I have done, politically or otherwise."

On the conclusion of this trial, on Saturday, January 2nd, 1866, two

other cases were postponed without option of bail; some other persons

were allowed to stand out on sureties, and we read that "John McAfferty

and William Mackay, being aliens, were admitted to bail on their own

recognizance, and Judge Keogh said that if they left the country they

would not be required up for trial when called." We read also, in the

newspapers of that time, that "The prisoners McAfferty and Mackay when

leaving the courts were followed by large crowds who cheered them loudly

through the streets."

The Cork Commission was then formally closed, and next day the judges

set off to resume in Dublin the work of trying Irish conspirators

against the rule of England over their native land.

* * * * *

Speeches from the Dock; Or, Protests of Irish Patriotism. Part I Speeches delivered after conviction by Theobald Wolfe Tone, William Orr, the brothers Sheares, Robert Emmet, John Martin, William Smith O'Brien, Thomas Francis Meagher, Terence Bellew McManus, John Mitchel, Thomas C. Luby, John O'Leary, Charles J. Kickham, Colonel Thomas F. Burke, and Captain Mackay · 第 24 / 34 题