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His trial did not occupy much time, for on the refusal of the crown lawyers and judges to produce the convict Thomas Clarke Luby, whom he conceived to be a material witness for his defence, he directed his lawyers to abandon the case, and contented himself with reading to the court some remarks on the evidence which had been offered against him.
In his regretted absence, the crown commenced their proceedings by placing Thomas Clarke Luby in the dock to answer to a charge of treason-felony. He stood up to the bar, between the jailors that clustered about him, a quiet-faced, pale, and somewhat sad-looking man, apparently of about forty years of age.
In November, 1863, the brotherhood started the Irish People newspaper in Dublin, for the double purpose of propagating their doctrines and increasing the revenues of the society. James Stephens was the author of this most unfortunate project. The men whom he selected for working it out were Thomas Clarke Luby, John O'Leary, and Charles Joseph Kickham.
Not all the legal ingenuity and forensic eloquence of their talented counsel, Mr. Butt, could avail to save the men who, by the preservation of such documents as the foregoing, had fastened the fetters on their own limbs. The trial of Mr. Luby concluded on the fourth day of the proceedings Friday, December 1st 1865 with a verdict of guilty.
"I hereby empower Thomas Clarke Luby, John O'Leary and Charles J. Kickham a committee of organization, or executive, with the same supreme control over the home organization, England, Ireland, and Scotland, as that exercised by myself.
Justice Keogh "I am very reluctant to interrupt you, Mr. Luby." Mr. Luby "Very well, my lord, I will leave that. I believe in this way the Irish People has done an immensity of good.
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