Men stood in affright, and looked in each others' faces wonderingly. They had seen a Roman sacrifice in this modern world, and they were mute.
An hour elapsed—the excited crowd had passed away; and the partisan judges, nervous and ill at ease, ventured upon the bench again.
They were seated, and seemed to be settling down to get through "business" as well as they could, when Mr. Holmes, whose defence of Mr. Mitchel had been so offensive to them, rose. "My lords," he said, "I think I had a perfect right to use the language I did yesterday. I wish now to state that what I said yesterday as an advocate, I adopt to-day, as my own opinion. I here avow all I have said; and, perhaps, under this late Act of Parliament, her Majesty's Attorney-General, if I have violated the law, may think it his duty to proceed against me in that way. But if I have violated the law in anything I said, I must, with great respect to the court, assert that I had a perfect right to state what I stated; and now I say in deliberation, that the sentiments I expressed with respect to England, and her treatment of this country, are my sentiments, and I here openly avow them. The Attorney-General is present—I retract nothing—these are my well-judged sentiments—these are my opinions, as to the relative position of England and Ireland, and if I have, as you seem to insinuate, violated the law by stating those opinions, I now deliberately do so again. Let her Majesty's Attorney-General do his duty to his government, I have done mine to my country."
Such was the conclusion of the trial of John Mitchel. The brother-in-law and friend of Robert Emmet, the republican of our fathers' days, came to attest the justice of the republican of our own, and to vie with him in defying and scorning the infamous laws of England.
It is needless to say that the English officials did not dare accept the challenge so nobly and defiantly flung down before the very dock whence one victim had just been borne.
I feel tempted to add a word of a scene that intervened, in which I took a part. When the sheriff recovered his self-possession, he ordered several to be arrested; among others, Mr. Meagher. The officer who seized him acted rudely and violently, which led to further confusion, and the exchange of blows. At last Mr. Meagher and myself were secured and removed to prison. When order was restored, we were brought out before the court, and asked for an expression of regret. I answered, that having heard Mr. Mitchel express, in the dock, sentiments in which I entirely concurred, I took immediate occasion to mark my most distinct and emphatic approval. In doing this I had no intention of an affront to the court. But as to retract, or regret, no punishment in the power of that or any other court to inflict, would compel me to do either one or the other.
Mr. Meagher repeated the same thing. We were then reprimanded and sent back. Soon after we were recalled, and upon motion of Mr. Dillon and Sir Colman O'Loghlen, on behalf of Mr. Meagher, who stated that he would express his regret for the contempt of court, but nothing else, we were both released, although I persisted in refusing even to join in the expression of regret made for but not by Mr. Meagher.
On the same day on which the above scene took place, John Mitchel was borne in irons from the land of his love, the wife of his bosom, and the children of his heart.
Immediately after, the council of the Confederation was reduced to twenty-one; and everything wore a sterner aspect, as if, whether they willed it or no, an imperious obligation required fulfilment at their hands. The slight disunion, which the fate of John Mitchel created, between those who favoured and opposed his rescue, quickly disappeared, and both parties only emulated each other in the activity and earnestness of preparation. Among the agencies of progress, suggested by the crisis, were two new journals—the Felon, edited by John Martin and T.D. Reilly, assisted by Mr. Brenan, and the Tribune, edited by Richard Dalton Williams and Kevin Izod O'Doherty, of which Mr. Savage and Dr. Antisell were joint proprietors, and to which they were joint contributors, with S.J. Meany and myself. The great object of the first was to follow in the footsteps of the United Irishman, and that of the latter was to urge the same principles upon a more republican basis. The Felon soon acquired additional interest from the daring principles and extraordinary ability of Mr. James F. Lalor, who had become a joint contributor with the recognised editors. Of the Tribune it would not become me to speak; perhaps no more is needed than that in the race to doom it was not outsped.
On the 8th of July, John Martin surrendered. Messrs. Duffy and O'Doherty were arrested on the same evening, and Mr. Williams on the following morning.