Mr. Martin: “I cannot condescend to accept mercy where I believe I have been morally right. I want justice, not mercy.”
He was then sentenced to ten years’ transportation.
On two successive occasions, the jury empanelled by the Government, and carefully packed to serve their end, refused to convict Mr. O’Doherty. He was placed on his trial, a third time, on the 30th of October, prosecuted with the same enduring malignity, and a verdict of guilty, suspected to be the result of a fraud practised on the jury, was returned. Mr. Williams, who was joint proprietor of the Tribune, and jointly responsible, was acquitted after a protracted trial on the 3rd of November, the jury being of opinion that although the articles given in evidence were felonious, there was no proof to satisfy them that the proprietors, when publishing them, did so with a felonious intent. This distinction arose in consequence of the fair and candid construction of the Felony Act, given by Chief Baron Pigot and Baron Pennefather, on Mr. O’Doherty’s first trial, to the effect that the jury should be satisfied of the publisher’s felonious intent; a construction which the present judges ‘Crampton and Torrens’ would not dare to contradict.
Notwithstanding this, just as the words, “Not guilty,” were pronounced by the jury, in Mr. Williams’ case, despite the most flagrant and audacious bullying of the bench, Mr. O’Doherty was called up for judgment. Among all the martyr-band whom this year consigned to doom, not one behaved himself with truer or nobler heroism; not one, either, whose fate commands a deeper sympathy. Under thirty years of age, largely gifted, with most respectable connections, a high place in society, brilliant prospects, and so unostentatious in his enthusiasm that it was only then his country heard of his devotion, and learned his worth; there he stood with as lofty consciousness and as brave a heart as ever consecrated the scaffold or the battle-plain.
Judge Crampton pronounced the sentence. Nature has supplied his lordship with characteristics of countenance admirably befitting such a scene. Had he been only elevated to the kindred office of actual executioner, he would have been spared the expense of a mask; for without it, no one could look into his eyes. Of course, he was teeming with compassion and regret, which jointly resulted in a sentence of transportation for TEN YEARS. Mr. O’Doherty, who stood unmoved, after a few preliminary observations in reference to the unfairness of his trial, spoke as follows:—
“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. I had but one object and purpose in view. I did feel deeply for the sufferings and privations endured by my fellow-countrymen. I did wish, by all means, consistent with a manly and honourable resistance, to assist in putting an end to that suffering. It is very true, and