law into their own hand (by putting the rest of the prisoners to death); but they only quitted the principal victim of their rage, when they had assured themselves they had completely effected their bloody purpose with regard to him.

To their great surprise, however, Fitzgerald recovered; and a Special Commission being issued for the trial of the offenders, he and others swore positively to their identity. But, notwithstanding the clearness of proof, and the Attorney-General's laudable endeavour to bring to punishment those turbulent spirits who had dared to assault a prisoner whilst under the protection of the laws, the jury returned a verdict of not guilty. They had set their minds against the administration of equal justice in this case; and the attempt to prove an alibi enabled them to save their friends-the universal wish being, to get rid of Fitzgerald.

Next day, Fitzgerald himself was put to the bar for procuring Timothy Brecknock and others to murder Messrs. Macdonnel and Hypson. He of course pleaded not guilty; but the evidence of two of his accomplices, on the part of the Crown, was decisive against him. He made a most able defence, in a speech of nearly three hours, in which he displayed a strength of imagination which astonished the whole court; and the degree of composure which he assumed throughout the whole trial, was no less surprising to every one who beheld him. When the verdict of guilty, however, was pronounced, the sudden gloom which overspread his countenance evidently showed that he had calculated on an acquittal.

The next day was occupied in the trial of his ac

complices, five of whom were found guilty. One of Fitzgerald's counsel now gave notice of a motion in arrest of judgment; and the court allowed him two days to consider of it, though no defect was found in the indictment; but when that time arrived, and when Timothy Brecknock had been found guilty of aiding and abetting the murderers, the motion was abandoned by the advice of the Chief Baron, who entreated that it might not be made without solid and sufficient grounds, as Fitzgerald must necessarily be present; and his feelings, which had hitherto been calm and composed, might possibly be deranged. The chief culprit was now brought into court; and after a most affecting exhortation, the judge passed sentence of death on him and Brecknock; at the same time giving orders that execution should take place in a few hours! -This was dreadful and Fitzgerald deprecated such unusual despatch in the operations of the law, in the following words :

"My Lords, I humbly hope for the humane indulgence of this court to my present most unhappy situation. I do not mean, my Lords, to take up your time; but I trust that what I shall say will be attended with effect.

"The very short period of time that has elapsed since my conviction, has been taken up in adjusting my temporal affairs; and in truth, my Lords, even these are not perfectly settled: but I now wish to make some preparation, some settlement of peace with Heaven, before I pass into the presence of an all-seeing and justly offended God, which I am about to do.

"My Lords, you may be led to imagine that I plead for this indulgence of time, in hopeful expectation of

obtaining His Majesty's pardon; but, my Lords, I do most solemnly declare that I have no such inducement; for if His Majesty were to offer me his pardon-nay, his crown along with it, I would not accept of either the one or the other. Under the weight of such a verdict against me, it is impossible I could ever look one of the community in the face, or again hold up my head in society.

"Let it not be understood, my Lords, that, by this declaration, I insinuate or infer the smallest degree of censure on the verdict of the jury. No, my Lords; I know them all to be gentlemen of the most fair and irreproachable characters: men not to be biassed, and who could not avoid bringing me in guilty, even if I were their own brother, from the body of evidence that has appeared against me; which evidence, if I had been before acquainted with it, I should have endeavoured to have had witnesses to repel. But that, my Lords, is not now the matter for consideration :-the only thing I plead for, is time.

"It has been said, my Lords, that I want that time to commit an act of suicide; but I have too many offences already on my back, and too dreadful crimes to account for, to desire such a miserable passport inte eternity."

In answer to this address, the judge, with tears in his eyes, recapitulated the rigour of the law, and urged, that, the unfortunate gentleman whom he had murdered had been sent into eternity without one minute's warning. He concluded by saying, that after the order for execution had been passed, it was not in the power of the court to interfere.-His request must therefore rest with the humanity of the sheriff.

Of the benefits of this humanity, however, it was very unlikely that the culprit should taste; for the high sheriff and many other gentlemen saw no security for their own lives whilst Fitzgerald continued to draw breath. Accordingly, about an hour after the court had adjourned, Brecknock and another being drawn, pinioned, in a cart, to the hill of Castlebar, Fitzgerald was brought out of the gaol. changed his dress, and he walked to the cution, attended by the clergymen, and surrounded by strong detachments of horse and foot. He had previously entreated the sheriff not to allow him to be manacled, or bound with cords; and this was complied with, though unwillingly.

He had not

place of exe

The scaffolding erected before the new gaol, which was then building, was fixed upon as a gallows for Fitzgerald and his companions; for, the authorities were afraid of taking time in the construction of any other. The rope was accordingly fastened round a flat board, and the ladder placed under it. As soon as Fitzgerald arrived, he was surrounded by no less than four clergymen, each of a different persuasion; and all, of course, anxious for the conversion of so great a sinner. Though terribly hurried in his devotions, for until sentence was passed he never thought of such a thing, the poor fellow contrived, after his arrival, to get through Dr. Dodd's Thoughts in Prison, his Last Prayer, &c., and answered some questions on spiritual subjects as calmly as circumstances would permit ;*

* Perhaps it was intended, that the priests, by their number, should in some degree compensate to the criminal, by means of their assiduities for the salvation of his soul, for the rather indecent haste of the civil authorities in the disposal of his body.

but he became terribly agitated when the executioner made preparations for pushing him off the ladder. When he perceived this, he earnestly entreated the sheriff to grant him but five minutes longer to live; which being granted, he pulled the cap over his face, and resigned himself to silent prayer. Being at length told that the time was elapsing fast, he replied, "Sure, Sir, it is not so long!-Stop! stop! I have just collected myself for God's sake, let me die in peace !—pray grant me just one min-." Before he had finished this last petition, the executioner threw him off the ladder!

As if the last scene of this singular man's life was destined to be as singular as any which had preceded it, an accident now occurred which might have harrowed up the feelings of his most inveterate enemies. By the sudden jerk on the sharp edges of the flat board, at the instant of swinging off, the rope broke, and Fitzgerald fell on his shoulder, upon the ground, from a great height. The multitude uttered a ery of horror; but the unfortunate criminal soon recovered himself, and, standing erect, exclaimed, “By G―d! Mr. Sheriff, you ought to be ashamed of yourself!-this rope is not strong enough to hang a dog, far less a Christian; and it is impossible but you must have known that. I beg, Sir, that you will get a better one, and that without delay."

His ghostly advisers surrounded him whilst a new rope was getting ready; and the holy eagerness of each to inculcate his own particular doctrines, perhaps in some degree lessened the pangs which he must have suffered during the terrible suspense caused by so untoward an accident. When the new rope was