Mr. Ashmead continued to read from the same book, contending that no indictment should be smuggled into a Grand Jury room as this had been. The Mayor, or the Governor, or His Honor on the Bench had no right to adopt a system denied to the meanest citizen; and in their anxiety to punish crime, they should take care that they did not strike a blow at the liberty of the community, nor should Judicial Legislation take away the rights of the citizen. The Jury should take care that this man was not made a victim through the variation of the Grand Jury from the usual course; but they should follow the example of English Grand Juries, and take care how they struck a blow at Constitutional rights. He next referred to the noble speech of Robert Emmet, before Lord Norbury, who several times attempted to stop the criminal when speaking before he was sentenced. He said: “Though I am to be sacrificed, I insist that all the forms be gone through.” Let the Jury, then do as Emmet did to Lord Norbury—make the Mayor go through the forms. (Here McKeon smiled.) And though the District Attorney should smile at these remarks, this matter was serious, and a laugh and a sneer were not an argument. He referred to the case of the libel of MacIntosh, where, it was asserted, there was on one side a Napoleon, the ruler of the greatest empire in the world, and on the other, as in this case, a poor and obscure citizen; yet in that case a British Jury taught future generations a lesson, and showed an example which an American Jury should endeavor to follow.