DEATH SENTENCED PASSED

Auckland Star, Volume XLVII, Issue 155, 30 June 1916, Page 5

DEATH SENTENCED PASSED

. GTJTXTY .OF TREASON. ~iii&2 "FOR IRELAND'S SAKE.' BAILEY DISCHARGED, i i 'j__ • '-' ■• ;- > i '(Received 8.50-a.m.l'' if LONDON, June 29. The chief counsel for Sir "Roger Casement (Mr. Sullivan, a New-York lawyer) being ill, Mr. Artemus--Jones, - appearing with Mr*-Sullivan, addressed the Court when the trial of Casement on a charge of. high treason, was resumed;, i Mr. Jones argued that .Caseme£t_JniJ tended the Irish brigade to: protect:'lrish,-.' men against' the menacesor tyjrarrhies-of. armed forces hot controlled by"the'-Ex-" ecutive",. Government. " ;CpunßeE - endear'; voured to explain Cajemenfa-change: of opinions. He quoted "the evidence - ; Jttt.: show that arms were.imported intoJre?:' land as far south as Tralee (where it was alleged that Casement landed),'beV;'' fore the war'for protection a^ptinst""t"Jer / Ulster forces and to resist conscription. The arming of the Irish, in. the south continued after,the outbreak of war. The Lord Chief Justice interposing it _~ this juncture," said'tie"wdajS-direct-s£%; jury that the- words. coinfort'to the King's enemiesj" meajiv' assisting enemies at.'war. with us byahyr act tending to strengthen •the_eneiny or weaken the country.. - ' v: '^q The Attorney-General ■:'\Sbe.::M,\sE._ Smith) said it was ; irrelevant to refer W; controversies not connected- with'tha i present facts. WJrj ment go to Germany, moving aacurfc-ibafc country freely? There was no answer consistent with, the ..man's' innocence.' j Counsel concluded by' dwelling the - damning effect "of ' code.-. l ' • •-. --- -'. •""•-' ?.? ."-r'-^f In summing up, the Chief Justice, said,, that if the prisoner knew that what he 'did would help the enemy then, although he had another ulterior guilty. If he knew. .thati;byi landing* men in Treland.:he ;mv t-produce-civil war and embarrass the authorities-_-ho--was assisting the enemy. - .—•-,_-.?-.*. r£ r ?_ / ■ Much" inait neeh- said about 'Irish' molMi tics, continued the' Chief'Justiee/~He had always felt .anxiety about the introduction of -political-passions, jeopardising justice- when those passions, were,, aroused. The-jury .must-deal .with the case dispassionately, and; not' pay-more attention than was/ necessary to what was said about Jthe' condition. ~j)f Ireland. However .'deep, the;, gulf "mighty be between the north/and-; Ireland, when-war came there,.waa a unioii of forces to resist- any-attempt on the Empire. "We do not know," concluded the Chief Justice, :','how..the. prisoner, during this,. gigantic, and ~ came to betin Germany, or fdivwlratrpurpose he .'•was'iall&wed. ito■. remain-th?rc." The jury returned-a-verdict-of-guilty, and Casement was'sentenced to death. After tho verdict, had "been, pronounced Casement read.a lengthy statement,.tlie burden of which was that-nis offence was that he'-Mcl "put Ireland'first; thaf:he should have been tri'edj-b'y; an: Irish;.jury \ that he should have been "tried by a jury: "of' his'-peers-? and -that the last* place he desired to See was England/- Casement spoke with emotion, but firmly. .'•.-.'»• J ' In the. case ofDaniel '.Julian Bailey;, a ( private in. the Irish Rifliis, -who it.-yraaial: kged, was one of the prisoners of wpr . who joined the Irish' Brigade, in..Ger-r many, and was also charged withv.troason, and -pleaded "Not-guilty "zby direction of • the -jud^ : the ; -jury-'retUrned;'a Verdict trf "Not l guilty," and the prisoner was discharged. ■*.- ■ , ; Treason is such a rare charge in Brit-. ish courts that it Js- interesting to consider the law-on the subject. • In ancient times the administration of' the" law against treason was" "as "barbarous - and' unjust as-it is. now., anxiously just and generous. The memories of,.the Estate trials in the reigns of Charles ILijunl James 11. led to the passing: of a".measure in 1695 which gave extraordinary privileges; and.. .advantages to the prisoner in all* cases" of'treason. ...The prisoner, .'for'':example,- became':entitled - to have counsel. of. -iris ow-a.:choice. ;as- , signed to Irini, -whereas other persons on trial for other offences -were refused, counsel altogether.' ; -He .was'- entitled to receive a copy of the indictment tendays before the trial, and to''receive a list of the jurevs, and also a list of the witnesses, with their, description," .Later it was.. provided that - two.'. avitnesses should be'required to prove a'charge-or treason at the suit of the .King, whereas' the humblest legally,sustain' a "prosecution'o'nr&e-evidenceVor bne/witness only"if,the" evidence were , sufficient. ; Formerly, tho punishment: of ' the traitor was terribly barbarous... .B,e was drawn'on a hurdle to."the.placft e b£ execution, partially hanged, then disembowelled- and chopped into quarters;'and: this punishment was still possible- even so lately as IS7O, when it was" abolished. In 1867 ' -.this sentence "was--, actually passed, Jbut, of course, was not. carried out, in the.case of the.-Eenians.»Burke and' O'Brien, Women were, bushed"-alive. To-day. the' statutory.piinls-timent ia'deafii by hanging. . ' ~r- ; •.,_.,:;/,.,/.