The Dock and the Scaffold / The Manchester Tragedy and the Cruise of the Jacknell

by T. D. Sullivan

The taunt went home to the hearts of his accusers, and, writhing under the lash thus boldly applied, Judge Blackburne hastened, to intervene. Unable to stay, on legal grounds, the torrent of scathing invective by which O'Brien was driving the blood from the cheeks of his British listeners, the judge resorted to a device which Mr. Justice Keogh had practised very adroitly, and with much success, at various of the State trials in Ireland. He appealed to the prisoner, "entirely for his own sake," to cease his remarks. "The only possible effect of your observations." he said, "must be to tell against you with those who have to consider the sentence. I advise you to say nothing more of that sort. I do so entirely for your own sake." But O'Brien was not the man to be cowed into submission by this artful representation. Possibly he discerned the motive of the interruption, and estimated at its true value the disinterestedness of Judge Blackburne's "advice." Mr. Ernest Jones in vain used his influence to accomplish the judge's object. O'Brien spurned the treacherous bait, and resolutely proceeded:—

"They cannot find words to express their horror of the cruelties of the King of Dahomey because he sacrificed 2,000 human beings yearly, but why don't those persons who pretend such virtuous indignation at the misgovernment of other countries look at home, and see if greater crimes than those they charge against other governments are not committed by themselves or by their sanction. Let them look at London, and see the thousands that want bread there, while those aristocrats are rioting in luxuries and crimes. Look to Ireland; see the hundreds of thousands of its people in misery and want. See the virtuous, beautiful, and industrious women who only a few years ago—aye, and yet—are obliged to look at their children dying for want of food. Look at what is called the majesty of the law on one side, and the long deep misery of a noble people on the other. Which are the young men of Ireland to respect—the law that murders or banishes their people, or the means to resist relentless tyranny and ending their miseries for ever under a home government? I need not answer that question here. I trust the Irish people will answer it to their satisfaction soon. I am not astonished at my conviction. The government of this country have the power of convicting any person. They appoint the judge; they choose the jury; and by means of what they call patronage (which is the means of corruption) they have the power of making the laws to suit their purposes. I am confident that my blood will rise a hundredfold against the tyrants who think proper to commit such an outrage. In the first place, I say I was identified improperly, by having chains on my hands and feet at the time of identification, and thus the witnesses who have sworn to my throwing stones and firing a pistol have sworn to what is false, for I was, as those ladies said, at the jail gates. I thank my counsel for their able defence, and also Mr. Roberts, for his attention to my case."

Edward Maguire spoke next. He might well have felt bewildered at the situation in which he found himself, but he spoke earnestly and collectedly, nevertheless. He had had an experience of British law which, if not without precedent, was still extraordinary enough to create amazement. He knew that he had never been a Fenian; he knew that he never saw Colonel Kelly—never heard of him until arrested for assisting in his liberation; he knew that while the van was being attacked at Bellevue, he was sitting in his own home, miles away; and he knew that he had never in his life placed his foot in the scene of the rescue; yet there he found himself convicted by regular process of law, of the murder of Constable Brett. He had seen witness after witness enter the box, and deliberately swear they saw him take a prominent part in the rescue. He saw policemen and civilians coolly identify him as a ringleader in the affair; he had heard the Crown lawyers weave round him the subtle meshes of their logic; and now he found himself pronounced guilty by the jury, in the teeth of the overwhelming array of unimpeachable evidence brought forward in his defence. What "the safeguards of the Constitution" mean—what "the bulwark of English freedom," and "the Palladium of British freedom" are worth, when Englishmen fill the jury-box and an Irishman stands in the dock, Maguire had had a fair opportunity of judging. Had he been reflectively inclined, he might, too, have found himself compelled to adopt a rather low estimate of the credibility of English witnesses, when they get an opportunity of swearing away an Irishman's life. An impetuous man might have been goaded by the circumstances into cursing the atrocious system under which "justice" had been administered to him, and calling down the vengeance of Heaven on the whole nation from which the perjured wretches who swore away his life had been drawn. But Maguire acted more discreetly; he began, indeed, by declaring that all the witnesses who swore against him were perjurers—by vehemently protesting that the case, as regarded him, was one of mistaken identity; but he shortly took surer ground, by referring to his services in the navy, and talking of his unfailing loyalty to "his Queen and his country." He went through the record of his services as a marine; appealed to the character he had obtained from his commanding officers, in confirmation of his words: and concluded by solemnly protesting his perfect innocence of the charge on which he had been convicted.

While Maguire's impressive words were still ringing in the ears of his conscience-stricken accusers, Edward O'Meagher Condon commenced to speak. He was evidently more of an orator than either of those who had preceded him, and he spoke with remarkable fluency, grace, and vigour. The subjoined is a correct report of his spirited and able address:—

"My Lords—this has come upon me somewhat by surprise. It appeared to me rather strange that upon any amount of evidence, which of course was false, a man could have been convicted of wilfully murdering others he never saw or heard of before he was put in prison. I do not care to detain your lordships, but I cannot help remarking that Mr. Shaw, who has come now to gloat upon his victims, alter having sworn away their lives—that man has sworn what is altogether false; and there are contradictions in the depositions which have not been brought before your lordships' notice. I suppose the depositions being imperfect, there was no necessity for it. As to Mr. Batty, he swore at his first examination before the magistrates that a large stone fell on me, a stone which Mr. Roberts said at the time would have killed an elephant. But not the slightest mark was found on my head; and if I was to go round the country, and him with me, as exhibiting the stone having fallen on me, and him as the man who would swear to it, I do not know which would be looked for with the most earnestness. However, it has been accepted by the jury. Now he says he only thinks so. There is another matter to consider. I have been sworn to, I believe, by some of the witnesses who have also sworn to others, though some of them can prove they were in another city altogether—in Liverpool. Others have an overwhelming alibi, and I should by right have been tried with them; but I suppose your lordships cannot help that. We have, for instance, Thomas, the policeman, who swore to another prisoner. He identified him on a certain day, and the prisoner was not arrested for two days afterwards. As for Thomas, I do not presume that any jury could have believed him. He had heard of the blood-money, and of course was prepared to bid pretty high for it. My alibi has not been strong, and unfortunately I was not strong in pocket, and was not able to produce more testimony to prove where I was at exactly that time. With regard to the unfortunate man who has lost his life, I sympathize with him and his family as deeply as your lordships or the jury, or anyone in the court. I deeply regret the unfortunate occurrence, but I am as perfectly innocent of his blood as any man. I never had the slightest intention of taking life. I have done nothing at all in connection with that man, and I do not desire to be accused of a murder which I have not committed. With regard to another matter, my learned counsel has, no doubt for the best, expressed some opinions on these matters and the misgovernment to which my country has been subjected. I am firmly convinced there is prejudice in the minds of the people, and it has been increased and excited by the newspapers, or by some of them, and to a certain extent has influenced the minds of the jury to convict the men standing in this dock, on a charge of which—a learned gentleman remarked a few nights since—they would be acquitted if they had been charged with murdering an old woman for the sake of the money in her pocket, but a political offence of this kind they could not. Now, sir, with regard to the opinions I hold on national matters—with regard to those men who have been released from that van, in which, unfortunately, life was lost, I am of opinion that certainly to some extent there was an excess. Perhaps it was unthought, but if those men had been in other countries, occupying other positions—if Jefferson Davis had been released in a northern city, there would have been a cry of applause throughout all England. If Garibaldi, who I saw before I was shut out from the world had been arrested, was released, or something of that kind had taken place, they would have applauded the bravery of the act. If the captives of King Theodore had been released, that too would have been applauded. But, as it happened to be in England, of course it is an awful thing, while yet in Ireland murders are perpetrated on unoffending men, as in the case of the riots in Waterford, where an unoffending man was murdered, and no one was punished for it. I do not desire to detain your lordships. I can only say that I leave this world without a stain on my conscience that I have been wilfully guilty of anything in connexion with the death of Sergeant Brett. I am totally guiltless. I leave this world without malice to anyone. I do not accuse the jury, but I believe they were prejudiced. I don't accuse them of wilfully wishing to convict, but prejudice has induced them to convict when they otherwise would not have done. With reference to the witnesses, every one of them has sworn falsely. I never threw a stone or fired a pistol; I was never at the place, as they have said; it is all totally false. But as I have to go before my God. I forgive them. They will be able to meet me, some day, before that God who is to judge us all, and then they and the people in this Court, and everyone, will know who tells the truth. Had I committed anything against the Crown of England, I would have scorned myself had I attempted to deny it; but with regard to those men, they have sworn what is altogether false. Had I been an Englishman, and arrested near the scene of that disturbance, I would have been brought as a witness to identify them; but being an Irishman, it was supposed my sympathy was with them, and on suspicion of that sympathy I was arrested, and in consequence of the arrest, and the rewards which were offered, I was identified. It could not be otherwise. As I said before, my opinions on national matters do not at all relate to the case before your lordships. We have been found guilty, and, as a matter of course we accept our death as gracefully as possible. We are not afraid to die—at least I am not."

"Nor I," "Nor I," "Nor I," swelled up from the lips of his companions, and then, with a proud smile, Condon continued:—

"I have no sin or stain upon me; and I leave this world at peace with all. With regard to the other prisoners who are to be tried afterwards, I hope our blood at least will satisfy the cravings for it. I hope our blood will be enough, and that those men who I honestly believe are guiltless of the blood of that man—that the other batches will get a fair, free, and a more impartial trial. We view matters in a different light from what the jury do. We have been imprisoned, and have not had the advantage of understanding exactly to what this excitement has led. I can only hope and pray that this prejudice will disappear—that my poor country will right herself some day, and that her people, so far from being looked upon with scorn and aversion, will receive what they are entitled to, the respect not only of the civilized world, but of Englishmen. I, too, am an American citizen, and on English territory I have committed no crime which makes me amenable to the crown of England. I have done nothing; and, as a matter of course, I did expect protection—as this gentleman (pointing to Allen) has said, the protection of the ambassador of my government. I am a citizen of the State of Ohio; but I am sorry to say my name is not Shore. My name is Edward O'Meagher Condon. I belong to Ohio, and there are loving hearts there that will be sorry for this. I have nothing but my best wishes to send them, and my best feelings, and assure them I can die as a Christian and an Irishman; and that I am not ashamed or afraid of anything I have done, or the consequences, before God or man. They would be ashamed of me if I was in the slightest degree a coward, or concealed my opinions. The unfortunate divisions of our countrymen in America, have, to a certain extent, neutralized the efforts that we have made either in one direction or another for the liberation of our country. All these things have been thwarted, and as a matter of course we must only submit to our fate. I only trust again, that those who are to be tried after us, will have a fair trial, and that our blood will satisfy the craving which I understand exists. You will soon send us before God, and I am perfectly prepared to go. I have nothing to regret, or to retract, or take back. I can only say, GOD SAVE IRELAND."

Again were the voices of his companions raised in unison. "God save Ireland!" they cried defiantly, in chorus. "God save Ireland!" The cry rung through the packed justice-hall, and fell on the ears of its blood-thirsty occupants like the voice of an accusing angel. "God save Ireland," they said; and then the brave-hearted fellows gazed fiercely around the hostile gathering, as if daring them to interfere with the prayer. "God save Ireland!"—from the few broken-hearted relatives who listened to the patriots' prayer the responsive "Amen" was breathed back, and the dauntless young Irishman continued:—

"I wish to add a word or two. There is nothing in the close of my political career which I regret. I don't know of one act which could bring the blush of shame to my face, or make me afraid to meet my God or fellow-man. I would be most happy, and nothing would give me greater pleasure than to die on the field for my country in defence of her liberty. As it is, I cannot die on the field, but I can die on the scaffold, I hope, as a soldier, a man, and a Christian."