Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
Memoir And Trial Of The Celebrated Theobald Wolfe Tone,
retiring to rest , he had supped very heartily , and gave to the two sentinels who staid with him in his room a glass of spirits each : he had also eaten a hearty dinner , and during the day and nig ht exhibited po signs of either anxiety or depression . . As it was generally understood that he would be executed on this day , the Barrack-yard was extremely crowded . The members of the Court had assembled , in order , at one o ' clock , to read the sentence , and cany it into ' in haste mto the
execution . At half past twelve , Sheriff Darley came great Barrack-yard with a writ of Habeas Corf us , addressed to the Pre vol Marshal , requiring him to bring up the body of Mr . Tone tothe King's Bench . This writ had been moved for in the rooming , at the sitting of the Court , by Mr . Curran , and granted on the ground that " the militaiy court had no cognizance of the crime during the sitting of the courts of common law . The Prevot Marshal lied to " the writ of the King ' s Benchthat he teceived his orders
rep , from General Craig and the Lord Lit-utenant , and unless they directed him to srive up the prisoner , he had no intention of doing it . The Sheriff reported this return to his writ . The Court then made an order , that he should giv back and demand the body , and if it were refused , directed that he should bring the Posse Comitutus , and take it by foice . The Sheriff shortly afterward ' s returned to Court with the surgeon who had dressed Tone ' s wounds , This gentleman deposedthat the prisoner was at present in such a state as
, rendered his immediate removal dangerous to his life . The . Court , in consequence , did not insist on the prisoner ' s being brought up ; but they commanded the Sheriff to have the Prevot M . rshal in court on the morrow , to answer for his contempt in refusing to obey their order m the first
instance . - . The crowd which had assembled in the morning , in anxious expectation ot seeing the prisoner executed , remained in the neighbourhood of the Barracks all day . From the Barrack-yard they were expelled by the picquet guard about one o ' clock . . . In order to give a full account of this unexpected but important affair , it will be necessary to revtit to the proceedings in the Court of King ' s Bencli the motion of MrCurran in behalf of the prisoner .
upon . Mr . Curran observed , that on Saturday l ? st the above unfortunate gentleman ( as he was instructed by an affidavit of Mr . Tone ' s father ) was brought before a bench of officers calling itself a Court Martial , and sitting at the Barracks of the city of Dublin , and was by them sentenced to death . He did not pretend to say ' that Mr . Tone was not guilty of the charges of which he was accused ; he presumed the officers were honourable men . But it was
stated in the affidavit that it was a sotcin tact tnat Theobald Wolre i cue had no commission under his Majesty ; and therefore , as he contended , no Court Maitial could have cognizance of any cr ' me whilst the Court of King ' s Bench sat in the capacity of the great criminal court of the land . In times when Wars were raging , when man was opposed to man in the field , Courts Martial misiht be " endured : but every law authority was with him when he itood en tins sacred and immutable princip le of the Constitution , that' Marmust
tial Law and Civil Law were incompatible ; ' and that ' the former cease with the existence of the latter . ' This ( said Mr . Curran ) is not the time for arguing this momentous question ¦ . my client must appear inthis Court : be is cast for death this ^ day ; he may be ordered for execution whilst I address you . I call on the Court- to suppoi t the law ; I move for a Habeas Corj us to be"directed to the Prevot Marshal of the Barracks of Dublin and Major Sanus , to bring up the body of M r . Tone . CHIEF J USTICE— ' Have a writ instantly prepared . ' Mr ' . CURRAN-- < Mv client may die whilst this writ is preparing . '
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
Memoir And Trial Of The Celebrated Theobald Wolfe Tone,
retiring to rest , he had supped very heartily , and gave to the two sentinels who staid with him in his room a glass of spirits each : he had also eaten a hearty dinner , and during the day and nig ht exhibited po signs of either anxiety or depression . . As it was generally understood that he would be executed on this day , the Barrack-yard was extremely crowded . The members of the Court had assembled , in order , at one o ' clock , to read the sentence , and cany it into ' in haste mto the
execution . At half past twelve , Sheriff Darley came great Barrack-yard with a writ of Habeas Corf us , addressed to the Pre vol Marshal , requiring him to bring up the body of Mr . Tone tothe King's Bench . This writ had been moved for in the rooming , at the sitting of the Court , by Mr . Curran , and granted on the ground that " the militaiy court had no cognizance of the crime during the sitting of the courts of common law . The Prevot Marshal lied to " the writ of the King ' s Benchthat he teceived his orders
rep , from General Craig and the Lord Lit-utenant , and unless they directed him to srive up the prisoner , he had no intention of doing it . The Sheriff reported this return to his writ . The Court then made an order , that he should giv back and demand the body , and if it were refused , directed that he should bring the Posse Comitutus , and take it by foice . The Sheriff shortly afterward ' s returned to Court with the surgeon who had dressed Tone ' s wounds , This gentleman deposedthat the prisoner was at present in such a state as
, rendered his immediate removal dangerous to his life . The . Court , in consequence , did not insist on the prisoner ' s being brought up ; but they commanded the Sheriff to have the Prevot M . rshal in court on the morrow , to answer for his contempt in refusing to obey their order m the first
instance . - . The crowd which had assembled in the morning , in anxious expectation ot seeing the prisoner executed , remained in the neighbourhood of the Barracks all day . From the Barrack-yard they were expelled by the picquet guard about one o ' clock . . . In order to give a full account of this unexpected but important affair , it will be necessary to revtit to the proceedings in the Court of King ' s Bencli the motion of MrCurran in behalf of the prisoner .
upon . Mr . Curran observed , that on Saturday l ? st the above unfortunate gentleman ( as he was instructed by an affidavit of Mr . Tone ' s father ) was brought before a bench of officers calling itself a Court Martial , and sitting at the Barracks of the city of Dublin , and was by them sentenced to death . He did not pretend to say ' that Mr . Tone was not guilty of the charges of which he was accused ; he presumed the officers were honourable men . But it was
stated in the affidavit that it was a sotcin tact tnat Theobald Wolre i cue had no commission under his Majesty ; and therefore , as he contended , no Court Maitial could have cognizance of any cr ' me whilst the Court of King ' s Bench sat in the capacity of the great criminal court of the land . In times when Wars were raging , when man was opposed to man in the field , Courts Martial misiht be " endured : but every law authority was with him when he itood en tins sacred and immutable princip le of the Constitution , that' Marmust
tial Law and Civil Law were incompatible ; ' and that ' the former cease with the existence of the latter . ' This ( said Mr . Curran ) is not the time for arguing this momentous question ¦ . my client must appear inthis Court : be is cast for death this ^ day ; he may be ordered for execution whilst I address you . I call on the Court- to suppoi t the law ; I move for a Habeas Corj us to be"directed to the Prevot Marshal of the Barracks of Dublin and Major Sanus , to bring up the body of M r . Tone . CHIEF J USTICE— ' Have a writ instantly prepared . ' Mr ' . CURRAN-- < Mv client may die whilst this writ is preparing . '