Counsellor Theobald Wolf Tone—His resemblance to Mr. Croker—He is ordered to be hanged by a military court—General Craig attached in the court of Common Pleas—Tone’s attempt at suicide—Cruel suggestion respecting him.

Theobald Wolf Tone was one of the most remarkable of the persons who lost their lives in consequence of that wild democratic mania, which, at the period treated of in the former sketch, had seized upon the reason of so many otherwise sensible individuals. His catastrophe cannot fail to be interesting:—it affected me much.

This gentleman’s enthusiastic mind was eternally surrounded by the mist of visionary speculation: it was a fine sailer, but wanted ballast. He had distinguished himself somewhat in the University as a desultory declaimer; but, in my judgment, that was the full extent of his oratorical powers. He was neither high-born nor wealthy:—in fact, I fear even a certain competency was not at his command; and hence his spirit, naturally restless, was additionally goaded and inflamed. He had no steady pursuit; nor was his nature adapted to mental labour:—of personal activity he had abundance; but was deficient in judgment, and absolutely destitute of cool common sense.

Yet Wolf Tone possessed considerable talent, together with great personal firmness and intrepidity; but he knew not the time, place, or manner of turning these gifts to his advantage. His best qualities were squandered—his worst exposed; and there was a total absence of that consolidating power which draws such abilities to a focus.

It is a curious circumstance that Mr. Tone, a decided revolutionist, married (improvidently enough) one sister, whilst Mr. Thomas Reynolds, who betrayed the revolutionary friends of Tone and of himself, espoused another.

Tone was called to the Irish bar; but had been previously over-rated by the Historical Society, and did not succeed. I thought it a pity (as he was really a very good-hearted person) that he should not be fairly tried, and, if possible, pushed forward; and being myself high on the circuit, I took him round in my carriage three circuits, and thought well of him; but he was too light and visionary; and as for law, I found that species of science quite uncongenial to him. His person was unfavourable, and not gentlemanly; and he had not been much in society:—his countenance was thin and sallow; and he had in his speech a harsh guttural pronunciation of the letter R. Mr. Croker, of the Admiralty, resembles him in personal appearance greatly, but is much Tone’s inferior in elocution. Had Tone had the hundredth part of Mr. Croker’s tact and skill in working upward, he might this day have been living and happy.

It is my belief that Tone could not have succeeded in any steady civil profession. He was not worldly enough, nor had he sufficient collectedness for his guidance. His biography has been repeatedly published, and I only intend here to allude to the extraordinary circumstances of his death;—an event upon which I confess I had many painful feelings, and not the less so from its being connected with my own judicial functions.

He had been taken in arms by Sir John Borlase Warren, at sea, in a French frigate, proceeding to land troops in Ireland. He wore the uniform of a French officer; but being recognised, brought prisoner to Dublin, and delivered over for trial to the provost-marshal and military authorities, he was of course condemned to be hanged. I did not see him under these distressing circumstances, nor in truth was it my wish to do so; for although there existed between us no actual friendship, still I had a strong feeling for a gentleman with whom I had been so well acquainted.

It occurred to his counsel that the jurisdiction of martial law could not extend to him, as it only operated on land, and he had been taken at sea. An application was therefore made to the Common Pleas to have him brought up by habeas corpus, in order (the point being ascertained) to be regularly tried before the competent tribunal—the Court of Admiralty. The habeas corpus being granted, was served on General Craig, who then commanded in Dublin; but who, considering (as all the generals then did) that the municipal judges were no more than corporals or quarter-masters with respect to his Majesty’s forces, refused to obey it, and was attacked for his disobedience; an order was immediately made for the general, the provost-marshal, brigade-major, and some others, to be taken into custody by the officers of the court of Common Pleas forthwith.

To me (as judge of the Admiralty) this appeal was most distressing. Had Tone the least chance of escape in any court, or upon any trial, it might have been otherwise; but he could not be defended; and to have him brought before me only to witness his conviction, and to pronounce his sentence, shocked me extremely. His friends thought this course might prolong his fate a considerable time, and it was supposed that something might intermediately occur calculated to effect a commutation of the capital punishment. I knew better! I was convinced that his execution was determined on: it was unavoidable, and I felt great uneasiness.

The court having, as I have said, ordered General Craig and Major Sandys (provost-marshal) to be arrested for disobedience, both these gentlemen, after some hesitation, submitted to the arrest, and the pursuivant was then directed to bring up the body of Theobald Wolf Tone, on the writ of habeas corpus.—The judges sat patiently awaiting the officer’s return; and the decision being of great importance, the court was crowded to suffocation.

A considerable time elapsed, and still the pursuivant returned not. At length he appeared, with horror in his looks, and scarcely able to speak. He informed the court that Mr. Tone, feeling certain of execution by order of the military, and being ignorant of the motion which his friends thought might give him some chance for his life, had cut his throat from ear to ear, and, he believed, was dying! A surgeon now attended, who reported that the prisoner had certainly cut his throat, but that recovery was possible: the incision was long and deep, but had missed the artery, and he still lived. Of course the trial was postponed; every friend he had (and I think he had many amongst the bar) rejoicing that poor Tone had escaped a public execution. He lingered awhile:—and will it be believed, that when the wound had been connected, and whilst life still seemed to be precarious, owing to the extreme inflammation,—I say, will it be believed that there existed cruelty sufficient in the breast of any human creature to advise his execution—though it would have been impossible to put the sentence in force without inserting the rope within the wound, and nearly tearing away the unfortunate gentleman’s head from his body?—Yet such advice was positively given, for “the sake of example;”—and rejected, I am happy to say, with horror! I will spare the man who gave it the ignominy which would thence attach to his name were it mentioned.