JUDGES PRESENT.—LORD NORBURY, MR. BARON GEORGE, AND MR. BARON DALY.
MR. STANDISH O’GRADY, ATTORNEY GENERAL.
To the indictment, charging him with compassing the disposition and death of the king, and conspiring to levy war against the king within the realm, Mr. Emmet pleaded not guilty. He was then given in charge.
The indictment was then opened, in substance, to the following effect, by
THE ATTORNEY-GENERAL,
My Lord, and Gentlemen of the Jury:
It is my duty to state, as concisely as I can, the nature of the charge which has been preferred against the prisoner at the bar, and also the nature of the evidence which will be produced to substantiate the charge. It will require on your part the most deliberate consideration; because it is not only the highest crime of which at all times the subject can be guilty, but it receives, if possible, additional aggravation when we consider the state of Europe, and the lamentable consequences which revolution has already brought upon it.
Perhaps at former periods some allowance might be made for the heated imagination of enthusiasts; perhaps an extravagant love of liberty, might for a moment supersede a rational understanding, and might be induced, for want of sufficient experience or capacity, to look for that liberty in revolution. But it is not the road to liberty. It throws the mass of the people into agitation, only to bring the worst and the most profligate to the surface. It originates in anarchy, proceeds in bloodshed, and ends in cruel and unrelenting despotism.
Therefore, Gentlemen, the crime of which the prisoner stands charged, demands the most serious and deep investigation, because it is in its nature a crime of the blackest die, and which, under all existing circumstances, does not admit of a momentary explanation.
Gentlemen, the prisoner stands indicted under a very ancient statute—the 25th of Edward III.—and the indictment is grounded on three clauses. The first relates to compassing and imagining the death of the king—the second in adhering to his enemies—and the third in compassing to levy war against him. The two latter, namely, that of adhering to the king’s enemies, and that of compassing to levy war, are so intelligible in themselves that they do not require any observation upon them. But the first admits of some technical considerations, and may require on my part a short explanation.