The attempt, however, was a
failure; the jury-panel had not been juggled as effectively as usual,
and a disagreement of the jury was the consequence. The crown, however,
had no idea of relaxing its grasp of its victim; after John Martin's
conviction O'Doherty was put forward again, and a new jury selected to
try him. Again were the government defeated; the second jury like the
first refused to agree to a verdict of guilty, and were discharged
without convicting the prisoner. A third time was O'Doherty arraigned,
and this time the relentless hatred of his persecutors was gratified by
a verdict of guilty. The speech delivered by Mr. O'Doherty after
conviction was as follows:--
"My lords--I did hope, I confess, that upon being placed in this dock
for the third time, after two juries of my fellow-citizens had
refused to find a verdict against me, that while my prosecutors would
have been scrupulous in their care in attempting to uphold their law,
they would not have violated the very spirit of justice."
Judge Crampton.--"I have a great difficulty in preventing you from
making any observations that may occur to you to be of service; but
if you mean to cast imputations of obloquy upon the law officers of
the crown, the court cannot permit that.
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