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  • The Freemasons' Magazine
  • Nov. 1, 1798
  • Page 49
  • MEMOIR AND TRIAL OF THE CELEBRATED THEOBALD WOLFE TONE,
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The Freemasons' Magazine, Nov. 1, 1798: Page 49

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Memoir And Trial Of The Celebrated Theobald Wolfe Tone,

retiring to rest , he had supped very heartily , and gave to the two sentinels who staid with him in his room a glass of spirits each : he had also eaten a hearty dinner , and during the day and nig ht exhibited po signs of either anxiety or depression . . As it was generally understood that he would be executed on this day , the Barrack-yard was extremely crowded . The members of the Court had assembled , in order , at one o ' clock , to read the sentence , and cany it into ' in haste mto the

execution . At half past twelve , Sheriff Darley came great Barrack-yard with a writ of Habeas Corf us , addressed to the Pre vol Marshal , requiring him to bring up the body of Mr . Tone tothe King's Bench . This writ had been moved for in the rooming , at the sitting of the Court , by Mr . Curran , and granted on the ground that " the militaiy court had no cognizance of the crime during the sitting of the courts of common law . The Prevot Marshal lied to " the writ of the King ' s Benchthat he teceived his orders

rep , from General Craig and the Lord Lit-utenant , and unless they directed him to srive up the prisoner , he had no intention of doing it . The Sheriff reported this return to his writ . The Court then made an order , that he should giv back and demand the body , and if it were refused , directed that he should bring the Posse Comitutus , and take it by foice . The Sheriff shortly afterward ' s returned to Court with the surgeon who had dressed Tone ' s wounds , This gentleman deposedthat the prisoner was at present in such a state as

, rendered his immediate removal dangerous to his life . The . Court , in consequence , did not insist on the prisoner ' s being brought up ; but they commanded the Sheriff to have the Prevot M . rshal in court on the morrow , to answer for his contempt in refusing to obey their order m the first

instance . - . The crowd which had assembled in the morning , in anxious expectation ot seeing the prisoner executed , remained in the neighbourhood of the Barracks all day . From the Barrack-yard they were expelled by the picquet guard about one o ' clock . . . In order to give a full account of this unexpected but important affair , it will be necessary to revtit to the proceedings in the Court of King ' s Bencli the motion of MrCurran in behalf of the prisoner .

upon . Mr . Curran observed , that on Saturday l ? st the above unfortunate gentleman ( as he was instructed by an affidavit of Mr . Tone ' s father ) was brought before a bench of officers calling itself a Court Martial , and sitting at the Barracks of the city of Dublin , and was by them sentenced to death . He did not pretend to say ' that Mr . Tone was not guilty of the charges of which he was accused ; he presumed the officers were honourable men . But it was

stated in the affidavit that it was a sotcin tact tnat Theobald Wolre i cue had no commission under his Majesty ; and therefore , as he contended , no Court Maitial could have cognizance of any cr ' me whilst the Court of King ' s Bench sat in the capacity of the great criminal court of the land . In times when Wars were raging , when man was opposed to man in the field , Courts Martial misiht be " endured : but every law authority was with him when he itood en tins sacred and immutable princip le of the Constitution , that' Marmust

tial Law and Civil Law were incompatible ; ' and that ' the former cease with the existence of the latter . ' This ( said Mr . Curran ) is not the time for arguing this momentous question ¦ . my client must appear inthis Court : be is cast for death this ^ day ; he may be ordered for execution whilst I address you . I call on the Court- to suppoi t the law ; I move for a Habeas Corj us to be"directed to the Prevot Marshal of the Barracks of Dublin and Major Sanus , to bring up the body of M r . Tone . CHIEF J USTICE— ' Have a writ instantly prepared . ' Mr ' . CURRAN-- < Mv client may die whilst this writ is preparing . '

“The Freemasons' Magazine: 1798-11-01, Page 49” Masonic Periodicals Online, Library and Museum of Freemasonry, 26 May 2025, django:8000/periodicals/fmm/issues/fmm_01111798/page/49/.
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Title Category Page
Untitled Article 1
LONDON: Article 1
TO CORRESPONDENTS, &c. Article 2
PRICES OF BINDING PER VOLUME. Article 2
Untitled Article 3
THE LIFE OF OF THE RIGHT HONOURABLE BARON NELSON OF THE NILE, &c. &c. &c. Article 4
ON RELIGION, MORALITY, AND GOVERNMENT. Article 6
OBSERVATIONS ON THE CAUSE OF OUR LATE NAVAL VICTORIES. Article 7
REVIEW OF THE THEATRICAL POWERS OF THE LATE MR. JOHN PALMER. Article 10
MONODY. Article 11
THE LIFE OF BISHOP WARBURTON. Article 16
CURIOUS ACCOUNT GIVEN BY THE DUMB PHILOSOPHER. Article 19
THE LIFE OF PRINCE POTEMKIN. Article 25
OPTIMISM: A DREAM. Article 32
THE MIRROR OF THESPIS. Article 34
NARRATIVE OF THE EXPEDITION OF BUONAPARTE. Article 38
MEMOIR AND TRIAL OF THE CELEBRATED THEOBALD WOLFE TONE, Article 44
THE FREEMASONS' REPOSITORY. Article 51
SCIENTIFIC INTELLIGENCE. Article 55
REVIEW OF NEW PUBLICATIONS . Article 58
POETRY. Article 64
BRITISH PARLIAMENT. Article 66
PARLIAMENT OF IRELAND. Article 69
MONTHLY CHRONICLE. Article 73
OBITUARY. Article 74
Untitled Article 78
LONDON: Article 78
TO CORRESPONDENTS, &c. Article 79
PRICES OF BINDING PER VOLUME. Article 79
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Page 49

Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.

Memoir And Trial Of The Celebrated Theobald Wolfe Tone,

retiring to rest , he had supped very heartily , and gave to the two sentinels who staid with him in his room a glass of spirits each : he had also eaten a hearty dinner , and during the day and nig ht exhibited po signs of either anxiety or depression . . As it was generally understood that he would be executed on this day , the Barrack-yard was extremely crowded . The members of the Court had assembled , in order , at one o ' clock , to read the sentence , and cany it into ' in haste mto the

execution . At half past twelve , Sheriff Darley came great Barrack-yard with a writ of Habeas Corf us , addressed to the Pre vol Marshal , requiring him to bring up the body of Mr . Tone tothe King's Bench . This writ had been moved for in the rooming , at the sitting of the Court , by Mr . Curran , and granted on the ground that " the militaiy court had no cognizance of the crime during the sitting of the courts of common law . The Prevot Marshal lied to " the writ of the King ' s Benchthat he teceived his orders

rep , from General Craig and the Lord Lit-utenant , and unless they directed him to srive up the prisoner , he had no intention of doing it . The Sheriff reported this return to his writ . The Court then made an order , that he should giv back and demand the body , and if it were refused , directed that he should bring the Posse Comitutus , and take it by foice . The Sheriff shortly afterward ' s returned to Court with the surgeon who had dressed Tone ' s wounds , This gentleman deposedthat the prisoner was at present in such a state as

, rendered his immediate removal dangerous to his life . The . Court , in consequence , did not insist on the prisoner ' s being brought up ; but they commanded the Sheriff to have the Prevot M . rshal in court on the morrow , to answer for his contempt in refusing to obey their order m the first

instance . - . The crowd which had assembled in the morning , in anxious expectation ot seeing the prisoner executed , remained in the neighbourhood of the Barracks all day . From the Barrack-yard they were expelled by the picquet guard about one o ' clock . . . In order to give a full account of this unexpected but important affair , it will be necessary to revtit to the proceedings in the Court of King ' s Bencli the motion of MrCurran in behalf of the prisoner .

upon . Mr . Curran observed , that on Saturday l ? st the above unfortunate gentleman ( as he was instructed by an affidavit of Mr . Tone ' s father ) was brought before a bench of officers calling itself a Court Martial , and sitting at the Barracks of the city of Dublin , and was by them sentenced to death . He did not pretend to say ' that Mr . Tone was not guilty of the charges of which he was accused ; he presumed the officers were honourable men . But it was

stated in the affidavit that it was a sotcin tact tnat Theobald Wolre i cue had no commission under his Majesty ; and therefore , as he contended , no Court Maitial could have cognizance of any cr ' me whilst the Court of King ' s Bench sat in the capacity of the great criminal court of the land . In times when Wars were raging , when man was opposed to man in the field , Courts Martial misiht be " endured : but every law authority was with him when he itood en tins sacred and immutable princip le of the Constitution , that' Marmust

tial Law and Civil Law were incompatible ; ' and that ' the former cease with the existence of the latter . ' This ( said Mr . Curran ) is not the time for arguing this momentous question ¦ . my client must appear inthis Court : be is cast for death this ^ day ; he may be ordered for execution whilst I address you . I call on the Court- to suppoi t the law ; I move for a Habeas Corj us to be"directed to the Prevot Marshal of the Barracks of Dublin and Major Sanus , to bring up the body of M r . Tone . CHIEF J USTICE— ' Have a writ instantly prepared . ' Mr ' . CURRAN-- < Mv client may die whilst this writ is preparing . '

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