The trial lasted from Friday, the 1st, up to Wednesday, the 6th of December, when it was closed with a verdict of guilty and a sentence of twenty years’ penal servitude—Mr. Justice Fitzgerald remarking that no distinction in the degree of criminality could be discovered between the case of the prisoner and that of the previous convict. The following is the address delivered by O’Leary, who appeared to labour under much excitement, when asked in the usual terms if he had any reason to show why sentence should not be passed upon him:—
“I was not wholly unprepared
for this verdict, because I felt that
the government which could so safely
pack the bench could not fail to
make sure of its verdict.”
Mr. Justice Fitzgerald—“We
are willing to hear anything in reason
from you, but we cannot allow language
of that kind to be used.”
Mr. O’Leary—“My friend Mr. Luby did not wish to touch on this matter from a natural fear lest he should do any harm to the other political prisoners; but there can be but little fear of that now, for a jury has been found to convict me of this conspiracy upon the evidence. Mr. Luby admitted that he was technically guilty according to British law; but I say that it is only by the most torturing interpretation that these men could make out their case against me. With reference to this conspiracy there has been much misapprehension in Ireland, and serious misapprehension. Mr. Justice Keogh said in his charge against Mr. Luby that men would be always found ready for money, or for some other motive, to place themselves at the disposal of the government; but I think the men who have been generally bought in this way, and who certainly made the best of the bargain, were agitators and not rebels. I have to say one word in reference to the foul charge upon which that miserable man, Barry, has made me responsible.”
Mr. Justice Fitzgerald—“We cannot allow that tone of observation.”