d now
wish to say a few words.
THE CHIEF BARON--Just state what you have to say; we are ready
to hear you.
WARREN--I desire, in the first place, to explain, while
ignoring the jurisdiction of this court to sentence me,
and while assuming my original position, my reasons for
interfering in this case at all. I can see beyond my present
position, the importance of this case, and I was desirous
to instruct the jury, either directly or indirectly, of
the importance of their decision, while never for a moment
deviating from the position which I assumed. I submit that
I effectually did that. They incautiously, and foolishly for
themselves and the country of which they claim to be subjects,
have raised an issue which has to be settled by a higher
tribunal than this court.
PRISONER--I propose to show that the verdict is contrary to
evidence.
THE CHIEF BARON--I must again tell you that you are not at
liberty to do that.
PRISONER--I propose to answer briefly the question why the
sentence of the court should not be pronounced upon me. Do I
understand you to refuse me that privilege?
THE CHIEF BARON--Certainly not; but I am bound in point of law
to refuse to hear you upon any matter respecting the verdict.
We are bound by that verdict just as much as you are. That is
the law.
PRISONER--What position do I stand in now, my lord? I have
been indicted with a number of parties, one of whom had been
identified in America. I have been tried and convicted. What
position do I stand in now? Am I convicted on the evidence of
Corydon, who swears that I belonged to the Fenian Brotherhood
in 1863? Does that prove that I belonged to it in 1867?
The Chief Baron then explained that what he left to the jury was,
that if they believed upon the evidence that on the 5th of March the
prisoner belonged to the Fenian confederacy, having for its object the
deposition of the Queen, he would be answerable for the acts done by
his confederates, whether he was present or absent at the time.
PRISONER--You instructed the jury, at the same time, that
the fact of my holding the position of a colonel in '63 was
sufficient corroboration of the evidence that I belonged to it
in 1867.
THE CHIEF BARON--I told the jury that holding the rank of
colonel was evidence for their consideration, upon wh
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