conduct of the sheriff
I must pronounce to be most unwarranted and unfounded." And this
discriminating judge continued to show that the imputation was
so--concluding with the assertion that the sheriff "had done his duty in
the case." Then without pausing, he proceeded to the usual lecture, full
of hypocritical cant with which British judges usually preface their
awards, however infamous. He alluded to the personal condition of Mr.
Mitchel, and expressed his regrets that a person of such merits should
be in such circumstances, Then having dilated on the enormity of the
offence, he assured Mr. Mitchel that he had been found guilty of many
heinous charges against the Queen and the Imperial Crown, and among
others, of felonious intending to levy war upon that gentlewoman, and
that the evidence was furnished by the prisoner's self. "How,
therefore," he continued, "you think yourself justified in calling it
the verdict of a packed jury, and thus imputing perjury to twelve of
your countrymen--deliberate and wilful perjury--"
"No," interrupted the prisoner, "I did not impute perjury to the jury."
"I understood," said the speaker on the bench, "that you had stated, in
arrest of judgment, that you had been found guilty by a packed jury."
"I did," was the reply.
Robert Holmes rose, during the judge's speech, and said, "My lords, with
the greatest respect, what I said was, that though he might be
statutably guilty, he was not, in my opinion, morally guilty. I repeat
that opinion now."
This avowal, so boldly and firmly made by the veteran Republican, was
answered by all the audience, not pensioned, with plaudits.
Baron Lefroy would say no more on that point, only that the court could
not acquiesce in a line of defence "which appeared to it very little
short of, or amounting to, as objectionable matter as that for which the
prisoner had been found guilty.
"I," replied the aged advocate, "I am answerable for that under your Act
of Parliament."
Loud applause followed. "Are there no policemen in court?" shouted
Baron Lefroy. The High Sheriff "had given strict orders," he said, "to
have all removed who would interrupt." "Make prisoners of them," said
the judge. "I wish you to understand," he continued, still excited, and
addressing Mr. Mitchel, who during these episodes, stood unmoved, "that
we have with the utmost anxiety and with a view to come to a decision
upon the measure of punishment which it would be our duty to
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