Mr. O’Doherty was the first placed on his trial. The jury was of the stamp usual in such cases in Ireland. But a point of great importance was raised by his counsel, as to the publisher’s intention to commit the felony, which they insisted should be proved, to bring his case within the provision of the Treason Felony Act. The court, composed of Chief Baron Pigot and Baron Pennefather, gave an opinion favourable to this construction, and the jury refused to convict, for which the Castle Organ did not hesitate to pronounce them perjurers. Every one supposed and rejoiced that Mr. O’Doherty had escaped; but the vengeance of the Attorney-General was far from satisfied, and he had ample satisfaction on a future day.
On the 16th of August, John Martin was placed at the bar, before the same judges. The instincts of the official, exasperated by defeat, exercised a keener vigilance in selecting a jury; and one was finally sworn that did not disappoint his sagacity. They found a verdict of guilty without hesitation; but recommended the prisoner to mercy, which in that case was a distinct contradiction of their oaths. The composition of the jury, and the character of the prosecution, will be best understood by a perusal of the subjoined speech. No higher proof could be given of his purity of purpose, elevation of sentiment, and goodness of heart. On the 19th of August he was called up to receive sentence He stood in the spot hallowed by the footprints of Robert Emmet and John Mitchel; nor was the heart he brought to the same sacrifice less worthy than theirs. Upon his benevolent countenance or stout heart, the appliances of terror around him had no effect. He stood unmoved and unawed, in the glorious consciousness that he had fulfilled his duty to his friend and to his country.
When asked what he had to say why sentence should not be passed upon him, he replied:—
“MY LORDS: I have no imputation to cast upon the bench, neither have I anything of unfairness toward myself to charge the jury with. I think the judges desired to do their duty fairly, as upright judges and men, and that the twelve men who were put into the box, not to try, but to convict me, voted honestly according to their prejudices. I have no personal enmity against the sheriff, sub-sheriff, or any other gentleman connected with the arrangements of the jury panel, nor against the Attorney-General, or any other person engaged in the proceedings called my trial. But, my lords, I consider I have not yet been tried! There have been certain formalities carried on here for three days, but I have not been put upon my country, according to the constitution said to exist in Ireland!
“Twelve of my countrymen, ‘indifferently chosen,’ have not been put into the jury-box to try me, but twelve men, who, I believe, have been selected by the parties who represent the crown, for the purpose of convicting, and not