As Tone continued his "defense," he pointed out the difference between himself and George Washington:

In a cause like this, success is every thing.
Washington succeeded, and Kosciusko failed.

So, of course, did Tone fail. That's why he chose to make his point with Thaddeus Kosciusko whose Polish revolution also turned out badly.

As he concluded his remarks, Tone expressed his contempt for the trial itself:

...I am aware of the fate which awaits me, and scorn
equally the tone of complaint and that of supplication.

Tone asked for permission to address "the mode of punishment." He wanted to be shot - in respect for the French uniform he wore - not hung as a traitor. Tone's bitter son describes the response from Cornwallis:

...Lord Cornwallis refused the last demand of my father, and he was sentenced to die the death of a traitor, in 48 hours, on the 12th day of November. This cruelty he had foreseen: for England, from the days of Lewellyn of Wales, and Wallace of Scotland, to those of Tone and Napoleon, has never shown mercy or generosity to a fallen enemy.

Even though Tone was to be executed in two days, "it did not appear a matter of impossibility to have finally saved him, by some agreement with the Government." But for Tone's son to be right - if an agreement with the government could have spared his life - a non- military court would have to intervene.

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