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JOHN O'LEARY.

The Inspiration of Tipperary—Home Influences—O'Leary a Man of Means— At College—Goes to France—To America Returns to London and Ireland— Enthusiasm in the Irish Cause—Spreading the Fenian Organization—The Irish People—The Sagacity with which it was Conducted—Arrested—In Court—The Trial—Speech in the Dock—Sentence.

SENTENCE having been passed on Thomas Clarke Luby, the next selected for a mock trial and certain conviction was John O'Leary. The British Government, in its relentless persecution, has recognized his ability as an editor, and his fidelity as a patriot, and it has not undervalued him in either capacity. Those who knew him depict him as eminently a man of determination, whose mental constitution—" clear and brilliant, manly, sincere and truthful " —gave some idea of those souls "that rendered the Rome of antiquity or the Sparta of Solon the wonder and glory of the world."

The O'Leary sept are of Milesian descent, and have held territory for ages in the County Cork. It is a prominent name in Irish history, and the family of our hero have been resident in the County Tipperary; and in the town of the same name John O'Leary was born. In that county an active national spirit has al-

 

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ways been maintained. There are associations connected with that portion of Ireland which have served to cherish patriotism, to inspire the young mind, and confirm it in devotion to the sacred cause of independence. Situated on its lovely plains is the City of Cashel, whose ruins recall the ancient greatness of our ancestors—the story of the legal murder of Father Sheehy is current among the people—in '98 it experienced the ruthless tyranny of British officials.

In addition we are told that "his home had its own traditions of patriotism, and he should have been a false shoot of the old stock of his hearth, if his good heart and brain were not open to the example, teaching and stimulus of all he derived from birth and locality."

The enthusiasm which existed in Ireland in 1848, and preceding years, was shared by young O'Leary. The close of the '48 movement left Ireland in a state of disorganized hostility, and, until the formation of the Fenian Brotherhood, there was no extended organization which could realize the patriot's desire of its being the certain means of Ireland's regeneration.

Left with ample means by his parents, Mr. O'Leary devoted himself to study. A naturally strong mind was refined and exalted by full culture. He looked toward a profession, and chose that of medicine. With the purpose of fitting himself for it he went to Queen's College, Cork ; became distinguished, and after giving unmistakable evidence of the national passion which was taking possession of him, he went to France. Whether under imperial or republican rule, residence in France has never failed to confirm the modern pa-

 

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triot in his aspirations after freedom ; and all that O'Leary saw in that country only tended to make him more anti-British than before.

It is not surprising, therefore, when Mr. O'Leary left France and extended his travels to the United States, that his whole soul was concentrated on thoughts of Irish liberty. He was warmly received by the veteran Irish patriots in this country, and was considered a valuable member of the "faithful and the few" who were then laying the foundation of an organization which has since extended itself from the Atlantic to the Pacific, and has become the most formidable element, probably, against which England has ever had to contend.

Mr. O'Leary became ardently attached to America and her republican institutions; and the comparison between affairs here and under the British Government, afforded him many a strong argument in favor of freedom when lie returned and took up his residence in London. A gentleman who kindly furnishes some interesting data for this sketch, says he can recall "how ably in literary circles he could defend the national cause, and demonstrate Ireland's claim to independence. One of the many errors which even liberal-minded Englishmen entertain respecting Ireland is, that her material progress is of most importance, in the hopes of accomplishing which, she should resign her aspirations after nationality and become absorbed with England. In these principles Mr. O'Leary could never acquiesce. 'Great, glorious and free,' was his ideal. He knew that as long as English

 

 

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supremacy is maintained, Ireland cannot be materially or otherwise happy, and that time cannot sanction injustice. Both nations are too dissimilar in race; the past cannot be forgotten; and experience proves that Ireland will never consent to be a British province."

Another authority says: "He returned to Ireland and threw himself with great skill and great zeal into the work of extending the Fenian organization. Few men of any power of mind, of any patriotism, that he met, were they that were not made sympathizers with the cause to which he devoted himself as to a sacred work. Keenly sagacious and unfailingly determined, beloved and respected, he escaped the Argus eyes of the police unbetrayed, and became the very right hand man, it is said, of the attempt, according to Her Majesty's Attorney-General, to subvert the throne and constitution in Ireland."

When the Irish People was established, to be the organ of Fenianism, Stephens selected O'Leary as the conductor; and as an evidence of the far-sighted sagacity which controlled, not only O'Leary, but those having authority in the management of that journal, the following from the Shamrock will be in place, especially to those who have not had an opportunity of reading the articles alluded to: "The most careful supervision was exercised over its 'leaders' and over its letters ; for, whilst the leaders' generally dealt with the principles admitted by the constitution of 1688, the letters dealt with Fenianism, with the hostility which it met from priests and bishops, and in this way tried out the question by two modes, arguing the

 

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cause of Fenianism, and spreading its principles in spite of the law. A remarkable testimony to the skill with which this was done, is to be found in the circumstance that the leading journal of high Catholic opinion in England used to quote the leaders of the Irish People, very frequently as the text and gospel of Irish politics, and several Irish daily journals, including the also took the same course. It is asserted, with what authority we know not, that many of the leaders' were submitted to counsel prior to their appearance; and that no doubtful composition was ever suffered to be printed without being subject to that precaution."

It is believed that, but for the information of the infamous Nagle, who described the People office as a sort of chief bivouac of the organization, the Government would not have convicted the writers for their contributions to the paper alone. As it is, however, no one connected with it has escaped penal servitude.

Mr. O'Leary was arrested at his residence, Palmerston Place.  He was arraigned on the 1st December, while the jury on Luby's case were consulting. On their return he was remanded, and brought to trial the next day. He was dressed, as usual, in dark clothes; and as he advanced to the bar, every eye in court was turned towards him. The judges whispered their comments, whilst they noticed him curiously as he took his position in the dock of destiny. Every available space was filled with ladies, "friends of the prisoner." His sister, by special request Was permitted to sit by him in front of the dock, where she might

 

 

 

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converse with him. Being asked in the usual formality of British law, "Are you guilty or not guilty?" he replied, "It is the Government of the country, the Crown prosecutors, the Barrys and Nagles who are guilty, and not I." They inquire, "Are you ready for trial?" He answers, "I must be ready—the Crown is ready!" and, accordingly, the trial proceeds. Mr. Butt vainly seeks to have an impartial jury empanelled; .the Attorney-General speaks for the Crown; the informer Nagle, and the spy Schofield (sent there by the British Consul at New York,) gave their evidence. Mr. Butt, in an able and argumentative address, defends O'Leary. One incident alone of the trial will show the intensity of his devotion to the principles for which he was to suffer. During Mr. Butt's address he alluded to the Irish People newspaper in a manner which might be construed as speaking discreditably of it. Mr. O'Leary, interrupting him, said he wished to make an observation. Mr. Butt, zealous for the safety of his client, threatened if lie did so to sit down. But 'O'Leary persisted, say- ing —

"I must interrupt you for a moment. I object to having it stated that discredit should be attached to me for my connection with the Irish People, or to let it be supposed for a moment that I consider 4 discreditable to have been connected with that paper."

As Mr. Butt had no such intention, he continued his address, but Mr. O'Leary was ready to sacrifice the possible effect of that eminent counsel's speech, rather

 

 

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than have his associate's reputation 'apparently impugned.

It appears that O'Leary was put upon his trial on Monday, 4th October, before he had his breakfast, and one of his counsel said he was being starved. This

yew was denied by the Crown, and the proceedings were suspended while the prisoner took some refreshment.

On the 6th, the jury found the prisoner guilty on all the counts, and in reply to the usual question, O'Leary—his form dilating, and his manner animated to a tone of scathing and rebuke—said:

"My Lords, I was not wholly unprepared for this. I felt that a Government who had so safely packed the bench, would not be unlikely to obtain a verdict."

Mr. Justice Fitzgerald—" We are willing to hear you, but we cannot allow language of that kind to be used."

Prisoner —"Very well. Mr. Luby declined to touch upon this from a very natural fear that he might do harm to some of the other prisoners ; but there can be little fear of that now, for a jury that could be found to convict me of this conspiracy, will convict them all. Mr. Luby admitted that he was technically guilty according to that highly elastic instrument, British law, but I did not think that those men there "(pointing to the Crown counsel,) "could make that case against me. And this brings me naturally to the subject upon which there has been much misrepresentation in Ireland—I mean the subject of informers. Mr. Justice Keogh said in his charge against Mr. Luby that men would be found ready for money, or some other motive, to place themselves at the disposal of the Government and make known the designs of a conspiracy. No doubt; men will be always found ready for money to place themselves at the disposal of the Government, but I think it is agitators, and not rebels, who have been generally bought in this way — who have certainly made the best bargains. I have to

 

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say one word in reference to the foul charge upon which that miserable man, Barry, has made me responsible "-

Mr. Justice Fitzgerald—" We cannot allow that tone of observation."

The Prisoner— "That man has charged me — I need not defend myself or my friends from the charge — I shall merely denounce the moral assassin Mr. Justice Keogh the other day spoke of revolutions, and administered lecture to Mr. Luby. He spoke of cattle being driven away, and of houses being burnt down, that men would be killed, and so on. I should like to know if all that does not apply to war as well as to revolution? One word more and I shall have done. I have been found guilty of treason, or of treason-felony. Treason is a foul crime. The poet Dante consigns traitors to, I believe, the ninth circle of Hell ; but what kind of traitors? Traitors against the King, against country, against friends, and against benefactors. England is not my country. I have betrayed no friend, no benefactor. Sidney and Emmet were legal traitors. Jeffreys was a loyal man, so was Norbury. I leave the latter there."

In the course of his homily to the prisoner, Judge Fitzgerald took occasion to remind him that a person of his education and ability ought to have known that the game upon which he entered was a desperate and worthless one.

The Prisoner — "Not worthless."

Mr. Justice Fitzgerald— "You ought to have known this, that insurrection or revolution in this country meant not war only, but a war of extermination."

The Prisoner — "It meant no such thing."

He was then sentenced to twenty years penal servitude. He heard it with fortitude, nobly sustained by the sister who sat contemplating him with pride.

O'Leary was President of the National Brotherhood

 

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of St. Patrick, established in the town of Tipperary. He was not at the time a permanent resident in the town, and the position was mainly honorary, conferred in recognition of his devotion to the National cause.