sary to look for an aggravation of the offence charged upon the traverser, it would be found in the support given him by his counsel, which had consisted of nothing else but the display and pomp of language. Mr. Prime Serjeant then made a few observations on the nature of the offence with which the traverser was charged, and said, if the jury were of his opinion, it was a false, scandalous, and seditious libel, they ought to find him guilty; if, on the contrary, they did not believe that, then, in that case, they ought to find him not guilty.

Mr. Justice Downes charged the jury. He observed that they had been amused by a display of eloquence from the counsel for the traverser, running wide of the matter be. fore them. He would, however, endeavour to point out to them the object for their consideration, devested of all irrelevant matter. There had been no evidence given to show that the publication was innocent. It was not necessary for the counsel for the prosecution to show another intent of the printer and publisher, than what appeared on the face of the paper itself; and if the jury can feel that the intention of the paper was, to state a false, seditious, and malicious libel, it would be sufficient to ground their verdict of guilty. Hist lordship then stated to the jury the libel, as it appeared on the record, and said, the question which would be for their consideration would be, whether the traverser at the bar was the printer and publisher of the matter called a libel, and to find the intent with which he published it; and, if the jury found that the traverser had published the paper called a libel, they were then to inquire whether the innuendoes had been well laid, and properly applied in the indictment, and whether it bears the construction imputed to it by the innuendoes; and if the jury were of opinion that he the traverser published it, and that it was a libel, and that the innuendoes had been well laid and properly applied, there could be no doubt on the whole of the case, but that the jury ought to find the tra verser guilty.

The jury retired a short time, and then brought in a verdict-GUILTY.

SATURDAY, DEC. 23.

This day, Mr. Finerty was brought up to receive sentence. On his being put to the bar, he addressed the judge nearly as follows:

My Lord. From the very able defence which has been made for me, I should think it utterly unnecessary to trouble your lordship with any observations of mine, if the language of Mr. Prime Serjeant, in his address to the jury, had not imperiously demanded some reply. It may accord well with the general system of our government, to inflict a severe punishment upon me; but what end it can answer, to defame and abuse my character, I am at a loss to discover. Among the epithets which the learned counsel so liberally dealt out against me, he was pleased to call me "the tool of a party.” However humble I may be, my lord, I should spurn the idea of becoming the instrument of any party, or any man-I was influenced solely by my own sense of the situation of the country, and have uniformly acted from that feeling of patriotism, which, I hope, it is not yet considered criminal to indulge; and I trust the general conduct of THE PRESS has fully evinced to the people that its object was truth, and the good of the nation, unconnected with the views, or unwarped by the prejudices, of any party.

If I would stoop, my lord, to become the tool of a party, I might have easily released myself from prosecution, and this would have been clearly proved, if your lordship had suffered the persons summoned to be examined.

I have been now, my lord, eight weeks in confinement, during which I have experienced the severest rigours of a gaol. The offence was bailable, but it became impossible for me, from the humility of my connections, to procure bail to the amount demanded; probably had any person stood forward,

he would have been marked; and sensible of that, I preferred imprisonment to the exposure of a friend to danger. But not contented with my imprisonment and persecution, it seemed the intention of the agents of government to render me infamous. I was threatened with a species of punishment, to a man educated as I have been in the principles of virtue, and honesty, and manly pride, more terrible than death a punishment, my lord, which I am too proud to name, and which, were it now to make a part my sentence, I fear, although I hope I am no coward, I shall not be able to persuade myself to live to meet. By what authority any man could presume to prejudge your lordship's sentence, or anticipate the verdict of a jury, it is not for me to decide. I cannot conceive what sort of solicitude those men entertain for the dignity of the Irish character, or the honour of the government, who thus endeavour to stain it by the multipli

cation of informers.

of

With respect to the publication, my lord, which the jury has pronounced a libel, the language of which, undoubtedly, is, in some instances, exceptionable, it was received in the letter-box by my clerk, who generally went to the office earlier than I, and taking it to the printing-office, it was inserted, and the whole impression of the paper worked off, before I saw it; but on remonstrating, with the author, he produced to me such documents as put the truth of the statement beyond question; and these documents, my lord, were yesterday in court, and would, combined with the testimony of the witnesses present, if your, lordship had permitted their examination, have amply satisfied the jury of the facts. And, heretofore, my lord, I have been taught to think, that truth was, above all things, important; and I never did believe it possible that truth and falsehood were, in any instance, equally guilty; or, that the truth, though it might not altogether acquit, would not so much as extenuate; for, if it would in any degree extenuate the offence, I suppose your lordship would have thought it necessary that it should be heard,

and I, of consequence, conceived the publication of Marcus's letter not alone innocent but praiseworthy, even though it did contain passages which I do not vindicate.

I hope your lordship will take the several circumstances I have stated into consideration. If guilt, my lord, consists in the mind, I solemnly assure you, that I have examined my heart, and find that it perfectly absolves me from all and every criminality of intention; I have only then to inform your lordship, that a heavy fine would be tantamount to perpetual imprisonment, and long imprisonment little short of death; yet whatever, punishment you may please to inflict, I trust I have sufficient fortitude arising from my sense of religion, and of the sacred cause for which I suffer, to enable me to bear it with resignation.

Mr. Justice Downes then proceeded to pass sentence upon the prisoner. He told the prisoner he had listened to him with patience; that nothing had fallen from him to induce a mitigation of punishment, except what he had stated of the length of time he had been in confinement, which he would not forget in the sentence; as the time of the imprisonment should commence from the day of the arrest. That with respect to the libel being published without his immediate knowledge, if this were an excuse, which it was not, no evidence of the fact had been laid before the jury. Your sentence is, " that you be imprisoned for two years from the day of your arrest, that you stand in the pillory for one hour, pay a fine of 201. and at the expiration of your confinement, give security, yourself in 500l. and two sureties in 2501. each, for your good behaviour for seven years."

SATURDAY, DEC. 30.

This day Peter Finerty, pursuant to his sentence, stood one hour in the pillory opposite to the Session-house in Green-street; an immense concourse of people attended the exhibition. Mr. Finerty was accompanied by some respect

able citizens. He appeared resigned, and upon being released from the restraint of the governmental engine for securing the liberty of the press, he addressed the spectators in a few words:" My friends, you see how cheerfully I can suffer -I can suffer any thing, provided it promotes the liberty of my country!" Upon this the spectators applauded by clapping of hands. Some of the guards, being, we suppose, the picked men of the Armagh militia, attacked the unarmed people-some of the officers also were guilty of similar conduct; others, both officers and privates, acted like gentlemen and soldiers.

COUNSEL for the crown. The Attorney-General, the Solicitor-General, the Prime Serjeant, Messrs. Ridgeway, Townsend, and Worthington; agent, Mr. Kemis.

COUNSEL for the prisoner. Messrs. Curran, Fletcher, M'Naily, Sampson, Sheares, and Orr; agent, Mr. Dowling.