that his manufactures were of such superior quality that they were eagerly received into the most respectable store in Dublin; heard that informations were sworn by Mr. James, and that a warrant had been issued; the prisoner was arrested in witness's warehouse.

Cross-examined by Mr. Puck, Q. C.— You are a respectable sort of a chap, eh! Mr. Poplar?

W.-I believe I am, sir.

Mr. P.-On your oath, when did the prisoner make up the parcel which you allege to contain stolen goods? (Here the prisoner exclaimed, "When I was laid up by the leg,sure I told you so.")

W. I cannot tell they have been proved to be stolen.

Mr. P.-How long have you been at your business?

W.-Fully seven years.

Mr. P. And have you learned to pronounce upon the absolute legal property of the goods presented to you; eb, Misther Poplar ?

W. No, sir.

Mr. P.-Have you learned any honesty, my respectable friend?

W.-None from Mr. Fynn, sir. Mr. P.-You're monstrous smart, aint you? You may go down.

Second Witness, Statue of Truth, sworn.-Resides in the centre of the Hall of the Four-Courts, Dublin; was originally composed of plaster of Paris, but since the publication of the last number of the DUBLIN UNIVERSITY MAGAZINE, having involuntarily heard Mr. Fynn's astounding assertions made in her presence, in the Hall of the Four-Courts, has gradually turned into stone; knows the prisoner at the bar to be Mr. Fynn; has heard him say that he delivered certain goods, labelled "Connaught Ranger," into the hands of Mr. Anthony Poplar; has heard him asseverate that they were his own manufacture; has heard the prisoner announce his intention of making more, as the pattern was so much approved of, and commanded a ready sale in the market.

Cross-examined by Mr. Puck, Q. C.— Mr. Fynn never paid her any attention, nor at any time had courted her; in politics she is a Conservative, and in religion a Protestant; has been much neglected by the prisoner, but is not on that account prejudiced against him; is not married.

Third Witness, Mr. G. P. R. James

having been sworn, proved that the sheets given by the prisoner to Mr. Poplar, as his own manufacture, were the property of himself and child; had never given or sold them to the prisoner, or in any way authorised him to appropriate them as he had done.

Cross-examined by Mr. Puck, Q. C.— The prisoner could not have had a prior property in the goods; he (witness) was the owner of the patent; had superintended their manufacture himself; they had never passed from his possession with his consent. Mr. P. Do you know any thing of a cake called La Galette?

W. Yes, I have written about it. Mr. P.—Quote the passage if you please.

Witness here read from the "Desultory Man," vol. 1, page 83

"But all this is comparatively nothing to the power which a cake called la galette has morally and physically upon a native of Britanny. *

*

"But it may be necessary to explain what sort of thing a galette is; the receipt is as follows:

Take a pint of milk or a pint of water, as the case may be, put it into a dirty earthen pan, which has never been washed out since it was made; add a handful of oatmeal, and stir the whole round with your hand, pouring in meal till it be of the consistency of hogwash. Let the mess stand till next morning, then pour it out as you would do a pancake, upon a flat plate of heated iron, called a galettier; ascertain that it be not too hot, by any process you may think fit. In Britanny they spit upon it. This being placed over a smoky wood fire, will produce a sort of tough cake called a galette, which nothing but a Breton or an ostrich can digest.

"In this consists the happiness of a Breton, and all his ideas somehow turn upon this. If you ask a labouring man where he is going, he answers, Pour manger de la galette? If it rains after a drought, they tell you, Il pleut de la galette;' and the height of hospitality is to ask you in pour manger de la galette.""

Mr. P.-Do you consider yourself an honest man?

W. Certainly.

Mr. P.-It appears, then, that you have strangely become possessed of a property whose loss is deplored by my client, Mr. Fynn; listen to this passage if you please. Here the learned_coun

"But all this is comparatively nothing to the power which a cake called la Galette, has morally and physically upon a native of Britanny.-(I have mislaid the recipe, but if I find it, will give it to my readers in the next number.) If you ask a labouring man where he is going, he answers, Pour manger de la galette.' If it rains after a drought, they tell you, Il pleut de la galette;' and the height of hospitality is to ask you in Pour manger de la galette.""

Now, sir, account if you can for the extraordinary fact, that the very recipe mislaid by Mr. Fynn, is found in your possession-account for that, sir.

The Attorney-General objected to the question, and the court, after a few observations from Baron Rhadamanthus, decided in favour of the view taken by the attorney-general; the witness was then permitted to retire.

Is a

Fourth witness.-The Rev. Mr. Prout was then called and examined. Roman Catholic clergyman; does not know the prisoner at the bar; recognised his gem and three chairs in the window of Mr. Poplar's warehouse; claimed them and proceeded against the prisoner, by swearing information.

Cross-examined by the prisoner, Robert Fynn. Never heard of Mr. Fynn before to the best of his recollection; never read his speeches; does not know what his opinions are upon any subject; does not care whether he is hanged or not.

Fifth Witness. Joseph Miller, Esq. having been called, with some difficulty mounted the table in consequence of the treatment he had recently met with from the prisoner, which appeared to have broken his spirits. The prisoner had hitherto manifested little or no emotion; but a visible alteration now took place in his countenance, and he instinctively turned away from the injured being, whose children he had basely trepanned and murdered; he soon, however, recovered his selfpossession, and during the remainder of the proceedings he preserved a dogged and stern composure, worthy of the last scion of Finn M'Coul. The witness having been sworn, was ex

amined; has long been an intimate friend of Mr. Fynn; has lent him much small change at different times, without receiving therefore any acknowledgment whatever. Witness then detailed, at the desire of the counsel for the crown, the circumstances upon which his informations were grounded; they accorded exactly with the opening statement of the attorney-general. Here the case for the prosecution closed.

Mr. PUCK, Q. C. then rose to address the court on behalf of the prisoner. He said that he had a duty of deep and dread importance to discharge; and that to a certain extent he felt himself accountable for the issue of that trial; he insisted that the evidence for the prosecution was unsound; he examined the evidence of Mr. James and rejected the conclusiveness, upon the ground that that gentleman had tainted his evidence by an admission that he was possessed of the "La Galette recipe," which the jury knew to have been fraudulently taken from the prisoner. [Here the crown counsel interrupted the "learned gentleman." It was not without extreme reluctance that the crown interfered in capital cases, to curtail even an undue extension of the protective privilege of the prisoners; but the learned counsel was travelling far beyond the limits which even mercy prescribed he appealed to the court "for the assertion of a principle ;" the court having ruled with the crown the learned counsel for the prisoner proceeded,] as to the evidence of the Rev. Mr. Prout, it was not worth a farthing a gem! very probably a bit of glass, and three chairs were the amount of the pillage which he alleged himself to have sustained. What was Mr. Prout he asked? a drunken priest -a clerical ballad-singer-a Frenchified flirting friar. Having commented at considerable length and with corresponding violence upon the character, habits, and person of Mr. Prout, he said that he did not appear before that court, relying only upon the insufficiency and incongruity of the evidence for the prosecution; but that it was in his power to produce to the jury evidence the most conclusive; he could prove that at the very period alleged, as that on which the pillage, treason, and piracy had been com

He

mitted within the borders of this realm; the prisoner at the bar had been actually in Egypt, and in the enjoyment of a close and confidential intimacy with Mehemet Ali Pacha. He would not stop here; the character of his client had been assailed; it was not enough to save his life, they must save his reputation also. would bring forward witnesses as to the general character of his client from among the venerable clergy of his church; and further, he had it in his power to prove that in foreign courts his pretensions were universally recognised by the warm attachment, almost the veneration of the princely aristocrats of Europe. He conjured the jury to weigh the evidence he was about to bring forward and to remember throughout the awful fact, that the life of a human being rested upon their decision.

CASE FOR THE DEFENCE.

First Witness.-The Rev. Mr. Magrath, examined by Mr. Puck; is a Roman Catholic clergyman; resides in Galway; does not approve of the prisoner, will not undertake to give him a character [the crown waived the right of cross-examination, and the reverend gentleman was permitted to retire.]

Second Witness.-The Duc de Bourdeaux; (the appearance of this illustrious person in court produced an extraordinary sensation;) he was

ex

amined by Mr. Puck; does not recognize the prisoner at the bar; remembers France very well; never heard of the name of Fynn; does not remember any thing of such a gentleman (cross-examination waived as being unnecessary.)

Third witness.- Madame de la Rochejacqueline, examined by means of a sworn interpreter; never saw the prisoner before; knows nothing about him. (Cross-examination waived as being unnecessary.)

(No witness having been called to prove the alibi, here the case for the defence closed.)

SIR CHRISTOPHER NORTH charged the jury-He said that, in his long judicial experience, it had before been his fate to preside at a trial

never

whose issue involved principles, so vitally connected with all the securities of literary existence, the details which had been substantiated, by what appeared to him to be unexceptionable evidence, were fraught with unmitigated horror, and presented the mind with a picture of guilt almost preternatural. The learned judge

then, in a luminous and argumentative statement, recapitulated the evidence, dwelling upon those points which appeared most important, and simplifying as much as possible, the complications of the testimony which had been adduced. He concluded by observing that, as in his judicial capacity he had never encountered a case of more extreme importance, so had he never witnessed one in which the weight of evidence was more completely onesided.

[The jury returned a verdict of GUILTY, upon all the counts, without leaving the box.]

A deep and impressive silence. then ensued, during which the prisoner alone appeared unmoved. The prisoner having been asked by the clerk of the crown, whether he could show any cause why the sentence of literary death and damnation should not be passed upon him, addressed the court in the following words :

A

My Lords-Have the learned gentlemen done-have they completely done from the beginning to the end of their addresses they were unprofessional! *but enough of that. My Lords let not my unmoved demeanour prejudice me with your lordships. +I cannot writhe with grace and moan with melody; but let that pass. jury of my countrymen have found me guilty; it is their verdict. I thank God, my lords, it is not mine, but away with them. My lords I have a boon to ask. Let no man write my epitaph-let no man dare to attribute to me motives, until other times and other men shall do justice to my principles. When after the revolution of centuries that time shall have at length arrived; let future patriotism chisel upon my grave-stone these little lines which I have myself composed

Oh! breathe not his name, let it sleep in the shade Where dark and unhonored his relics are laid, Cold, silent, and dark be the tear that is shed, As the night dew that falls on the grass o'er his head.

My Lords-I have done.

SIR CHRISTOPHER NORTH then in a tone of thrilling solemnity addressed the prisoner in the following words: "Unfortunate young man-you stand at the bar of your country, convicted of a crime of startling and hideous enormity; your conduct appears to have been dictated by the phrenzy of a morbid and most monstrous ambition, which has forced you to the commission of crimes, little short of the acts of a bedlamite. You were not content with enriching yourself with inordinate pillage with a fatuity almost unintelligible, you have proceeded to expose the proofs and trophies of your guilt, in the most public places. You have not only done this, but as if to guard against the possibility of the authorities' mistaking the identity of the marauder, you have actually, with your

own hand, placarded your own name upon the spoils, which any but the maddest and most outrageous guilt would have sought to conceal. Your extravagant madness and folly have been sternly rewarded. An intelligent and impartial jury of your countrymen have, without the debate or hesitation of a moment, unanimously condemned you; they have not even accompanied their verdict with the most distant hope of mercy; nor can I hold out to you the faintest ray of hope. Offended justice, the outraged laws of your country, the insulted charities of society demand the dread sacrifice of your literary life."

The learned judge having put on the black cap, proceeded to pass sentence, and directed the execution to take place upon the first of February. The unfortunate gentleman was conducted from the dock in a state bordering upon insensibility.

A rumour has reached us, that the punishment is likely to be commuted to that of writing for life in the pages of the PILOT.