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Updated: May 15, 2025
I felt I was sure to be found guilty, since the advisers of the Crown took what the Attorney-General was pleased the other day to call the 'merciful course. I thought I might have a fair chance of escaping, so long as the capital charge was impending over me; but when they resolved on trying me under the Treason-Felony Act, I felt that I had not the smallest chance.
I say it was a God-sent pusillanimity! "Our merciful law makes a distinction between successful and unsuccessful crimes, though there is no difference in the criminal. He is lucky! Gentlemen, all that justice demands of you is that you should find him guilty of treason-felony!" Mr. Pascoe sat down and blew his nose with loud, conscious modesty. The jury looked pleased and flattered.
There is an extreme paucity of evidence against me; that everyone who has been here while this case has been proceeded with will admit frankly and candidly. We need no stronger proof of this fact than that the first jury that was empanelled to try me had, after a long and patient hearing of the case, to be discharged without having found me guilty of treason-felony.
Its career was cut short by the mailed hand of authority at its fifth number, and on the 10th of July, '48, Kevin Izod O'Doherty was an inmate of Newgate prison. On the 10th of August he was placed at the bar of Green-street court-house, and arraigned on a charge of treason-felony, and a vigorous effort was made by the crown to convict him.
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