Bad news travels very quickly. It soon was noised about Kerry, that the Bard had been taken up. As a story, like a snow-ball, increases as it travels, it was even added that the Bard had been--_hanged_!
On this, a wretch named Michael M'Carthy--a Macroom man was this Bathyllus to the Hibernian Maro--constituted himself heir-at-law and residuary legatee to the Bard's poetical effects, and, not having the fear of Apollo's vengeance before his eyes, had the barefaced audacity to publish eight hundred and forty lines of "Killarney," mixed up with certain versicles of his own, under the imposing name of "Lacus Delectabilis."
The Bard O'Kelly heard of this audacious appropriation at the very hour when his trial was coming on, and it took such effect upon his spirits that, to use his own figurative language, he "did not know at the time, whether he was standing on his head or his heels."
Brought for trial before a military tribunal, quick in decision and sharp in execution, there was so much presumptive evidence against him, that he was convicted without much delay, (his judges were in a hurry to dine,) and sentenced to be hanged early the next day.
The emergency of the case restrung his shattered energies. Recovering the use of his tongue, he made a heart-rending appeal to the Court Martial; narrated the vile plagiarism which had been committed on his beautiful and beloved Killarney; recited a hundred lines of that sonorous composition, and concluded a very energetic harangue, by requesting "leave of absence," for a few weeks, in order that he might proceed to Kerry, there to punish M'Carthy, for his dire offence against all the recognized rules of authorship. He even tendered his own bail for his reappearance to be hanged, as soon as, by performing an act of signal justice towards the plagiarist, he had vindicated that fame which, he said, was of more value to him than life.
The manner and matter of this extraordinary address--such as never, before nor since, was spoken in a Court of Justice--were so extraordinary that the execution of the sentence was postponed. When the Civil War was over, the Bard was liberated. "It was a great triumph for my eloquence," was his usual self-complacent expression, in after life, when speaking of this hair-breadth escape. To this day, however, there are some who hint that the Court considered him _non compos mentis_--too much of a fool to be a traitor and conspirator--and were merciful accordingly.