[Illustration: CHARLES J. KICKHAM. JOHN O’LEARY. THOMAS CLARK LUBEY.]
On the 10th of August he was placed at the bar of Green-street court-house, and arraigned on a charge of treason-felony, and a vigorous effort was made by the crown to convict him. The attempt, however, was a failure; the jury-panel had not been juggled as effectively as usual, and a disagreement of the jury was the consequence. The crown, however, had no idea of relaxing its grasp of its victim; after John Martin’s conviction O’Doherty was put forward again, and a new jury selected to try him. Again were the government defeated; the second jury like the first refused to agree to a verdict of guilty, and were discharged without convicting the prisoner. A third time was O’Doherty arraigned, and this time the relentless hatred of his persecutors was gratified by a verdict of guilty. The speech delivered by Mr. O’Doherty after conviction was as follows:—
“My lords—I did hope, I confess, that upon being placed in this dock for the third time, after two juries of my fellow-citizens had refused to find a verdict against me, that while my prosecutors would have been scrupulous in their care in attempting to uphold their law, they would not have violated the very spirit of justice.”
Judge Crampton.—“I have a great difficulty in preventing you from making any observations that may occur to you to be of service; but if you mean to cast imputations of obloquy upon the law officers of the crown, the court cannot permit that.”
Mr. O’Doherty—“I
only wish to mention a matter of fact. The
Attorney-General stated that there
were only three Roman Catholics
set aside on my jury.”
Judge Crampton again interposed,
and requested the prisoner not to
pursue this line of observation.
Mr. O’Doherty.—“I
would feel much obliged if your lordship would
permit me to mention a few more
words with reference to my motives
throughout this affair.